Spectrum Enterprise v.180530 CONFIDENTIAL Page 15 of 26
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<br />b. Spectrum is not obligated to provide Communications Services if Customer intends to or uses the Communications Services (i)
<br />to interfere with or impair any service over any facilities and associated Spectrum Equipment or impair the privacy of any
<br />communications over such facilities and associated Spectrum Equipment; (ii) to sell, resell, sublease, assign, license, sublicense,
<br />share, provide, or otherwise utilize in conjunction with a third party (including, without limitation, in any joint venture or as part of
<br />any outsourcing activity) the Communications Services or any component or combination thereof; or (iii) in any manner that
<br />results in non-standard calling patterns or practices, including but not limited to, use of the Communications Service for high-
<br />volume auto-dialing, continuous or extensive call forwarding, high-volume telemarketing (including, without limitation, charitable
<br />or political solicitation or polling), fax or voicemail broadcasting for services with unlimited local and long distance calling plans,
<br />and PBX hacking or modem hijacking resulting in excessive usage of long distance service (collectively, “Prohibited Use”). In
<br />addition, Prohibited Use shall include augmentation of the Communications Service or Communications Service features, in any
<br />way as to change the functionality of the Communications Service or its component features in any manner that is inconsistent
<br />with standard commercial calling patterns and practices or the terms of this Service Agreement. Such non-standard calling
<br />patterns and practices include, but are not limited to, use of three-way calling, or call forwarding, that results in unusually high
<br />traffic volumes or excessive long distance usage. A non-standard calling pattern may also include, when Customer’s long
<br />distance calling minutes from (i) calls terminating to Alaska, (ii) calls terminating to Guam, (iii) calls terminating to a conference
<br />calling service operating in areas with high carrier access rates (e.g., rates that carriers pay one another for network use), or (iv)
<br />calls terminating to a chat line service, in the aggregate exceed ten percent (10%) of Customer’s total long distance minutes in
<br />any one-month billing cycle.
<br />c. Spectrum may, from time to time, offer additional Communications Service features or functionality, or discontinue certain
<br />Communications Service features or functionality. Information about these features or functions will be available at
<br />http://enterprise.spectrum.com/ or http://business.spectrum.com/ or in the applicable price guide at www.spectrum.com, under
<br />“Customer Disclosures.” These additional Communications Services, features or functions may be subject to additional specific
<br />terms and conditions, and may be subject to change at any time by Spectrum.
<br />.
<br />2. Customer-Premise Equipment: Communications Services may require Customer-premise equipment. If required, Spectrum will
<br />supply such equipment for so long as Customer remains a Communications Service Customer. Depending on the Communications
<br />Service plan, there may be a monthly charge for the equipment. Upon termination of Communications Service for any reason,
<br />Customer shall return the Spectrum-supplied equipment within thirty (30) days or Customer will be charged an equipment fee equal
<br />to the fee charged by Spectrum at the time the equipment was supplied by Spectrum. An exception to this return policy is when the
<br />equipment is also supporting Internet service, in which case Customer may continue to use the equipment until such time as Internet
<br />is no longer provided or Spectrum requests a substitution of the equipment.
<br />3. Communications Service Limitations:
<br />a. Unavailable Services; Call Blocking and Fraud. Spectrum does not offer or provide certain operator-assisted services such as
<br />dial around services (10-10-XXX), pay services, and third-party billing. Spectrum blocks access to calls with 900 and 976 area
<br />codes and to international chat lines. In addition, Spectrum will initiate toll blocking if Customer’s excessive use of any toll has
<br />surpassed the threshold set by Spectrum and/or Customer’s account is delinquent. Notwithstanding any other provision of the
<br />Service Agreement or this Attachment, Spectrum may block calls which (i) are made to certain countries, cities, or central office
<br />exchanges, or (ii) use certain authorization codes, as Spectrum, in its sole discretion, deems reasonably necessary to prevent
<br />unlawful or fraudulent use of Communications Services.
<br />b. Service Outages. Communications Service modems are electrically powered and will not work in a power outage or if the
<br />required broadband connection is disrupted or not operating. In the event of power outages, the modem, including all phones
<br />and Services connected to or powered by it, will not work. Power outages will disrupt Enhanced 911 (“E911”) service and the
<br />use of Communications Service as the connection between a security system and central monitoring services. Spectrum may
<br />supply Customer with a battery backup for use in the event of a non-network related outage. COMMUNICATIONS SERVICE
<br />DOES NOT HAVE ITS OWN POWER SUPPLY. IF THERE IS A POWER OUTAGE, OR IF THERE IS A DISRUPTION TO THE
<br />SPECTRUM NETWORK OR FACILITIES, COMMUNICATIONS SERVICE WILL NOT WORK. CUSTOMER ACKNOWLEDGES
<br />THAT IN SUCH CASES IT WILL NOT BE POSSIBLE TO PLACE OR RECEIVE CALLS INCLUDING CALLS TO ACCESS
<br />EMERGENCY 911 SERVICES.
<br />c. Security Systems. Although Spectrum will supply a connection that will allow the operation of Customer's existing security
<br />system, Spectrum does not guarantee that any such system will be in complete operational order following the installation of
<br />Communications Service. As such, it is Customer's obligation to contact their security system provider to inform them of the
<br />Communications Services installation, and any change in phone number, and to request a complete operational test of their
<br />system immediately following installation of the Communications Services. In addition, it is Customer's responsibility to test their
<br />system on a regular basis. Spectrum does not represent that Service is fail-safe. Customer is solely responsible for obtaining
<br />such testing, ensuring that such testing is completed in a timely manner, and confirming that the security system and any related
<br />Customer Equipment at the Service Location connected to the Communications Service operate properly. Customer is solely
<br />responsible for any and all costs associated with this activity. In addition, Spectrum prohibits the use of Communications Service
<br />as the connection between medical alert systems and a central monitoring station, and will neither connect to such services nor
<br />provide technical support for the connection.
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