Spectrum Enterprise v.180530 CONFIDENTIAL Page 16 of 26
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<br />4. Use of Services. Customer is solely responsible for: (i) prevention of Prohibited Use and unauthorized, unlawful, or fraudulent use
<br />of, or access to, Communications Services, which use or access is expressly prohibited; and (ii) administration and non-disclosure
<br />of any authorization codes provided by Spectrum to Customer. Spectrum may require Customer to immediately shut down its
<br />transmission of signals if Spectrum concludes, in its sole discretion, that such transmission is a Prohibited Use or causing interference
<br />to other customers or with other transmissions generally.
<br />a. Spectrum reserves the right (i) to refuse to provide, discontinue, or temporarily suspend Communications Services to or from a
<br />Service Location where the necessary facilities or equipment are not available under terms and conditions reasonably acceptable
<br />to Spectrum, or (ii) to limit or block Communications Services to and from any Service Location or the use of any authorization
<br />code, without any liability whatsoever, in the event that Spectrum detects or reasonably suspects either (a) Prohibited Use or
<br />fraudulent, or unlawful use of the Communications Services, or use of the Communications Service in violation of the Service
<br />Agreement or this Attachment, or (b) consumption of Communications Services in excess of the credit limit (if any).
<br />b. Customer is responsible for (i) securing its Customer Equipment against placement of fraudulent calls, and (ii) ensuring that
<br />Customer Equipment is not being used for any Prohibited Use or fraudulent use or access with Communications Services.
<br />Customer shall be responsible for payment of all applicable charges for Communications Services and charged to Customer’s
<br />accounts, even where those calls are originated by fraudulent means either from Customer’s Service Location or from remote
<br />locations. Spectrum is not liable for any damages, including toll usage charges, Customer may incur as a result of the
<br />unauthorized use of its telephone facilities. This unauthorized use of Customer’s facilities includes, but is not limited to, the
<br />placement of calls from the Service Location, and the placement of calls through Customer Equipment that are transmitted or
<br />carried on Spectrum’s Network. Customer shall ensure that all uses by Customer, whether authorized by Customer or not, of
<br />the Spectrum Equipment or the Communications Services installed at the Service Location comply with all applicable laws, rules,
<br />regulations, and the Service Agreement (including this Attachment).
<br />c. Spectrum has the right to limit the Communications Service to reasonable quantities of minutes and messages used or
<br />consumed by Customer to prevent Prohibited Use and to maintain a high level of service for other Spectrum customers.
<br />5. Access to Telecommunications Relay Communications Service: Telecommunications Relay Service (“TRS”) enables deaf, hard-of-
<br />hearing or speech-impaired persons who use a Text Telephone or Caption Telephone (collectively, “TDD”) or similar devices to
<br />communicate with the hearing population not using TDD. It also allows the hearing population not using a TT to communicate with
<br />deaf, hard-of-hearing or speech-impaired persons who do use a TDD. Customer will be able to access the state provider to complete
<br />such calls by either dialing the applicable telephone number directly or by dialing the number 711, where available. Spectrum may
<br />bill Customer a monthly surcharge in order to fund the TRS system.
<br />6. 911 Services:
<br />a. CUSTOMER ACKNOWLEDGES THAT THE VOICE-ENABLED FIBER CONNECTION, CABLE MODEM, INTEGRATED
<br />ACCESS DEVICE (“IAD”) OR OTHER SPECTRUM EQUIPMENT USED TO PROVIDE COMMUNICATIONS SERVICE ARE
<br />ELECTRICALLY POWERED AND THAT COMMUNICATIONS SERVICE, INCLUDING THE ABILITY TO ACCESS 911 AND
<br />E911 SERVICES AND ALARM, SECURITY, AND OTHER MONITORING SERVICES, MAY NOT OPERATE IN THE EVENT
<br />OF AN ELECTRICAL POWER OUTAGE, A SPECTRUM NETWORK SERVICE INTERRUPTION, OR A THIRD-PARTY
<br />NETWORK SERVICE INTERRUPTION IF THE COMMUNICATIONS SERVICE IS PROVIDED AS AN OVER-THE-TOP OR
<br />OFF-NET (TYPE II) SERVICE USING A THIRD PARTY’S NETWORK. CUSTOMER ALSO ACKNOWLEDGES THAT, IN THE
<br />EVENT OF A POWER OUTAGE AT A SERVICE LOCATION, ANY BACK-UP POWER SUPPLY PROVIDED WITH A
<br />SPECTRUM-PROVIDED VOICE-ENABLED CABLE MODEM, IAD, OR OTHER SPECTRUM EQUIPMENT USED IN
<br />DELIVERING THE COMMUNICATIONS SERVICE MAY ENABLE SERVICE FOR A LIMITED PERIOD OF TIME OR NOT AT
<br />ALL, DEPENDING ON THE CIRCUMSTANCES, AND THAT THE USE OF A BACK-UP POWER SUPPLY DOES NOT ENSURE
<br />THAT COMMUNICATIONS SERVICE WILL BE AVAILABLE IN ALL CIRCUMSTANCES. CUSTOMER SHALL ADVISE EVERY
<br />END USER OF COMMUNICATIONS SERVICE THAT SPECTRUM VOICE-ENABLED CUSTOMER EQUIPMENT IS
<br />ELECTRICALLY POWERED AND, IN THE EVENT OF A POWER OUTAGE OR SPECTRUM NETWORK SERVICE
<br />INTERRUPTION, COMMUNICATIONS SERVICE AND 911 OR E911 MAY NOT BE AVAILABLE. CUSTOMER SHALL
<br />DISTRIBUTE TO ALL END USERS OF COMMUNICATIONS SERVICE LABELS/STICKERS (TO BE SUPPLIED BY
<br />SPECTRUM) AND INSTRUCT ALL END USERS OF COMMUNICATIONS SERVICE TO PLACE THEM ON OR NEAR THE
<br />EQUIPMENT USED IN CONJUNCTION WITH THE COMMUNICATIONS SERVICE.
<br />b. Customer is not permitted to move Spectrum Equipment from the Service Location in which it has been installed. If Customer
<br />moves any of the voice-enabled cable modem, IAD, or other Spectrum Equipment to an address other than the Service Location
<br />identified on the Service Order, calls from the modem, IAD, or other Spectrum Equipment to E911 will appear to E911 emergency
<br />service operators to be coming from the Service Location identified on the Service Order and not the new address. Customer
<br />shall be solely responsible for directing emergency personnel at the customer premises at each Service Location.
<br />c. Customer will be notified by Spectrum as to whether the Communications Service to which Customer subscribes includes the
<br />capability to support E911 service from multiple locations or from a location other than the Service Location. Customer agrees
<br />that Spectrum will not be responsible for any losses or damages arising as a result of the unavailability of Communications
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