|
Spectrum Enterprise v.180530 CONFIDENTIAL Page 22 of 26
<br />©2016-18 Charter Communications. All Rights Reserved.
<br />Attachment E
<br />Spectrum Business High-Speed Internet Service
<br />(“Internet Service”)
<br />Spectrum Business High-Speed Internet Service 1:Internet access service implemented using a hybrid fiber/coax (“HFC”) or a fiber access
<br />network. Customer interface to the data network is via Ethernet connection. Internet Service enables a variety of upstream and downstream
<br />rates. If Customer elects to receive Internet Service, Spectrum shall provide connectivity from Customer site(s) to Customer’s data network.
<br />Certain Internet Services, or features of Internet Services, may not be available in all service areas and may change from time to time, in
<br />Spectrum’s sole discretion. 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 may be subject to additional terms and conditions. Except to the limited extent
<br />described in this Attachment, Spectrum makes no warranties of any kind (express or implied) regarding Third-Party Services and hereby
<br />disclaims any and all warranties pertaining thereto (including implied warranties of title, non-infringement, merchantability, and fitness for a
<br />particular purpose). Spectrum does not have title to and is not the manufacturer of any software or hardware components of any Third-Party
<br />Services nor is Spectrum the supplier of any components of such software or hardware. IN NO EVENT SHALL SPECTRUM BE LIABLE FOR
<br />ANY DAMAGES ARISING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY THIRD-PARTY SERVICES.
<br />Customer’s use of the Internet Service is subject to the following additional terms and conditions:
<br />1. Minimum Equipment Requirements. Customer shall maintain certain minimum equipment and software to receive the Internet Service
<br />(see www.business.spectrum.com for the current specifications). The minimum configuration standards may change, and Spectrum
<br />will make reasonable efforts to support previously acceptable configurations; however, Spectrum is not obligated to continue to provide
<br />such support. Spectrum may supply Spectrum Equipment such as modems, gateways, routers, or wireless cards, for a fee, to operate
<br />the Internet Service. Spectrum reserves the right to provide service only to users with Spectrum-approved equipment. Customer
<br />acknowledges that such Spectrum Equipment may require updates and/or changes to the software resident in the Spectrum Equipment
<br />and that Customer may be required to perform such updates and/or changes. Customer hereby authorizes Spectrum to perform updates
<br />or changes, on-site or remotely from time to time as Spectrum deems necessary, in Spectrum's sole discretion. Customer will not connect
<br />any equipment, other than equipment authorized by Spectrum, to the Spectrum Network. When Spectrum installs the Internet Service,
<br />Customer will need a network interface card or adapter providing an Ethernet connection. Alternatively, Customer may connect to a
<br />networking device (commonly referred to as a router or gateway).
<br />2. Software. At the time of installation of the Internet Service, Spectrum may provide Customer with common Spectrum or third-party
<br />software (e.g., a browser and plug-ins) to enable and enhance the Internet Service, subject to the license terms and restrictions in the
<br />Spectrum Service Agreement. Customer hereby represents and warrants to Spectrum that Customer owns the operating system
<br />software and associated use/license rights thereto for the computers that are connected to the Spectrum Network.
<br />3. Internet Service Speeds. Spectrum shall use commercially reasonable efforts to achieve the Internet speed attributable to the bandwidth
<br />for the Internet Service selected by Customer, however, actual speed, also known as throughput rate, may vary. Many factors affect
<br />speed experienced by Customer as outlined in Spectrum’s Network Management Practices.
<br />4. Security. Customer shall take commercially reasonable security measures when using the Internet Service and assumes sole
<br />responsibility for use of the Internet Service and for access to and use of Customer Equipment used in connection with the Internet
<br />Service and Spectrum Network.
<br />5. Electronic Addresses; Mailboxes. All non-vanity email addresses, email account names, and IP addresses (“Electronic Addresses”)
<br />provided by Spectrum (and not through Customer’s domain) are the property of Spectrum. Customer may not alter, modify, sell, lease,
<br />assign, encumber or otherwise tamper with the Electronic Addresses.
<br />a. Mailboxes. Spectrum owns any and all mailboxes associated with the Internet Service and may reclaim such mailboxes at any time
<br />for any reason. Spectrum may also limit the number of new email addresses available per account and the number of email
<br />1 Customers that purchased Internet services from Time Warner Cable Business Class, Brighthouse Networks, or Charter before June 11,
<br />2017 may continue to receive the same Internet service plan, features, and supplemental services at the same prices offered as of June 11,
<br />2017 (“Legacy Services”) until such time as Spectrum discontinues the Legacy Services by written notice to such Customers. If Customer
<br />elects to receive Spectrum Business Internet Services available as of June 11, 2017, then Customer will no longer be eligible to receive any
<br />Legacy Services, including, without limitation, any supplemental services or features that may not be available as part of the Spectrum
<br />Business Internet Services. Please contact your Spectrum sales representative for further information.
<br />29
<br />DocuSign Envelope ID: 7298C647-357F-4210-9C30-5CB0E645E4A1DocuSign Envelope ID: 1FAA0AF4-3445-4898-A26A-1F70B9FC5DD8
|