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Spectrum Enterprise v.180530 CONFIDENTIAL Page 20 of 26
<br />©2016-18 Charter Communications. All Rights Reserved.
<br />Attachment C
<br />Fiber Internet Access Service (“FIA Service”)
<br />Fiber Internet Access:If Customer elects to receive the FIA Service, Spectrum shall provide Customer with a dedicated, scalable
<br />connection over a packet-based infrastructure with Internet service provider (“ISP”) peering between Customer’s data network identified
<br />on a Service Order and Spectrum’s facilities.
<br />FIA Service, or features of FIA Service, may not be available in all service areas. Spectrum’s FIA Service is “On-Net” if it is provided by
<br />Spectrum to Service Locations through the Spectrum Network. Spectrum may, in its discretion, provide Customer with “Off-Net” services
<br />to geographic locations that are outside of Spectrum’s service area or are not currently connected to the Spectrum Network through third
<br />party service providers. In addition, certain non-facilities-based services provided by third parties may be offered to Customer by
<br />Spectrum (“Third Party Services”). Third Party Services and Off-Net Services may be subject to additional terms and conditions.
<br />Customer’s use of the FIA Service is subject to the following additional terms and conditions:
<br />1. FIA Service Speeds. Spectrum shall use commercially reasonable efforts to achieve the Internet speed attributable to the bandwidth
<br />for the FIA Service selected by Customer on the Service Order, however, actual speed, also known as throughput rate, may vary.
<br />Many factors affect speed experienced by Customer as outlined in Spectrum’s Network Management Practices.
<br />2. Bandwidth Management. Spectrum shall have the right, but not the obligation, to (a) monitor traffic on its Network; and (b) monitor
<br />Customer’s bandwidth utilization and to limit excessive use of bandwidth (as determined by Spectrum) as Spectrum deems
<br />appropriate to efficiently manage the Spectrum Network. If Customer purchases Multi-Path FIA Service, Customer must ensure that
<br />no individual Path or data flow of such Service exceeds 2 Gbps (i.e. the rate of data transmission between any two MAC addresses
<br />and IP addresses). If Customer’s Multi-Path FIA Service includes a Path or data flow that exceeds 2 Gbps, Spectrum may limit such
<br />Path or data flow to 2 Gbps. For purposes of this Attachment, (i) “Path” shall mean a connection permitting data transmission between
<br />a MAC address and IP address and another MAC address and IP address, and (ii) “Multi-Path” shall mean FIA Services permitting
<br />data transmission between or among three (3) or more MAC addresses and IP addresses.
<br />3. Acceptable Use Policy. Customer shall comply with the terms of Spectrum’s Acceptable Use Policy (“AUP”) found at
<br />http://enterprise.spectrum.com (or the applicable successor URL) and that policy is incorporated by reference into this Service
<br />Agreement. Spectrum may revise the AUP from time to time and will provide at least 30 days prior written notice of any such
<br />revision. Customer shall have 30 days from the date it receives written notice of such revision to provide Spectrum with
<br />notice that the revisions materially and adversely affect Customer’s use of the Services. If after receipt of such notice
<br />Spectrum is unable to reasonably mitigate the impact on such Services, then Customer may terminate the affected
<br />Service(s) without further obligation to Spectrum beyond the termination date, as Customer’s sole and exclusive remedy.
<br />4. Supplemental Managed Services. This subsection shall only apply if Customer purchases Spectrum’s supplemental “Managed
<br />Services.” The Managed Services may include software, firmware, and hardware components supplied by Spectrum or third parties
<br />and may be subject to additional terms and conditions. Spectrum may update the Desktop Security Service (as described in
<br />Attachment E) from time-to-time based on manufacturer-provided updates. SPECTRUM DOES NOT WARRANT THAT THE
<br />SUPPLEMENTAL MANAGED SERVICES, INCLUDING ANY SECURITY SERVICES, WILL MEET CUSTOMER’S
<br />REQUIREMENTS, ENABLE CUSTOMER TO COMPLY WITH ANY APPLICABLE LAWS, REGULATIONS, OR THIRD PARTY
<br />REQUIREMENTS, PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE, OR
<br />ERROR FREE. CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE SERVICE MAY NOT BE
<br />SECURE. CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO OR USE OF, WHETHER AUTHORIZED OR
<br />NOT, CUSTOMER’S OR ANY END USER’S EQUIPMENT OR ACCESS TO OR LOSS OF DATA, MATERIAL, OR TRAFFIC
<br />DURING, OR RESULTING FROM, CUSTOMER’S OR ANY END USER’S USE OF THE SERVICE, INCLUDING, WITHOUT
<br />LIMITATION, VIA SENDING OR RECEIVING, UPLOADING OR DOWNLOADING, OR OTHER TRANSMISSION OF SUCH DATA,
<br />MATERIAL, OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT SPECTRUM’S THIRD PARTY
<br />SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS SERVICE AGREEMENT, AND
<br />SPECTRUM DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS SERVICE
<br />AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
<br />MERCHANTABILITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA
<br />ACCURACY OR QUIET ENJOYMENT.
<br />Attachment D
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