Attachment A

Business TV Service, Bulk Cable TV Service and HD Video for Hospitality Service
(collectively, "Cable TV Service")

Business TV Service:  If Customer selects to receive the Business TV Service, BHN shall provide Basic and Standard Cable services to Customer’s location(s) identified in an applicable Order (“Property”).

Bulk Cable TV Service:  If Customer selects to receive Bulk Cable TV Service, BHN shall provide customized cable television programming to the Property.

HD Video for Hospitality Service:  If Customer selects to receive HD Video for Hospitality Service, BHN shall provide Bulk Cable TV Service including HD video content to the Property.

Multi-Channel Video Service means Bulk Cable TV Service or HD Video for Hospitality Service.

Customer’s use of the Cable TV Service is subject to the following additional terms and conditions: 

For all Cable TV Services:

A1       BHN shall have the right to add, modify, or delete channel line-ups.

A2       Customer shall not authorize or approve of any copying, taping or duplicating of Cable TV Service.

For Business TV Service:

A3       Customer understands and agrees that premium program services, such as HBO, Cinemax, Showtime, and The Movie Channel, may not be received or shown on any television receivers located in any public areas, such as lounges, dayrooms, visiting areas or other common areas used by groups or the general public.

A4       In the event that changes in technology require the use of specialized equipment to continue to receive Business TV Service, BHN agrees to provide such equipment and Customer agrees to pay for such equipment at the same rate charged by BHN to commercial customers in the municipality in which Customer’s property receiving the Business TV Service is located.

A5       In the event that any BHN audit reveals that Customer's usage of the Business TV Service exceeds Customer's rights hereunder, Customer shall pay BHN an amount equal to one and a half times the Service Charges that would have been due for such excessive usage as liquidated damages and not as a penalty.  In addition, Customer shall either discontinue any excess usage or thereafter continue to pay the applicable Service Charges for such additional usage.

A6       The monthly service charges set forth in a Service Order for Business TV Service do not include applicable taxes, regulatory fees, franchise fees and public access fees.  Notwithstanding anything to the contrary in this Agreement, the monthly service charges for the Business TV Service are subject to change in accordance with commercial Business TV Service rate increases applied to similarly situated customers.

For Multi-Channel Video Service: 

A7       If the Parties agree in writing, Multi-Channel Video Service may include HBO, Showtime or Music Choice.  Multi-Channel Video Service shall not include pay-per-view, video-on-demand or any visual content.  Customer shall take all necessary precautions to ensure that the Multi-Channel Video Service is received only by authorized parties, and that no part of the Multi-Channel Video Service is received at any other location, including but not limited to locations where an admission fee, cover charge, minimum or like sum is charged, or which is a commercial establishment or other non-residential building (such as a bar, restaurant or fraternal organization).

A8       BHN and Customer acknowledge that Customer has elected to receive two or more tiers of video programming service, including the “broadcast basic” level which, under Federal law, must be purchased as a condition to receipt of other tiers of video service, and Customer acknowledges that it is able to purchase the broadcast basic level of service on a stand-alone basis.  Customer further acknowledges that all programming services included on each service tier selected by Customer are being made available by BHN to Customer and that the display of particular services at various locations within Customer’s premises is at customer’s discretion.

A8       BHN owns and will at all times have the exclusive right to access, control, maintain, upgrade, use and operate its Multi-Channel Video Service and related network and systems (“Systems”), except for (i) any video display terminals (“Connections”) or inside wiring owned and maintained by Customer or a third party, and (ii) any conduit, risers, raceways or other spaces where the Systems are located that are owned by Customer or a third party, in which case (as between Customer and BHN) Customer shall own such items and Customer hereby grants to BHN the non-exclusive right to access and use such space during the Term.  The Systems are not, and shall not be deemed to be, affixed to or a fixture of the Property, and nothing is intended to convey any right or ownership of any portion of the Systems to Customer or any other person or entity.  Customer shall be liable for any and all theft, damage and/or loss to the Systems, or any portion thereof, installed at the Property, except to the extent of any negligence or willful misconduct on the part of BHN.

A9       Customer, at its sole expense, agrees to furnish, install and maintain the inside wiring. 

A10     Customer, at its sole expense, agrees to furnish, install, program and maintain all Connections. The Connections shall be installed and programmed by Customer in consultation with BHN and any specifications provided by BHN to Customer in writing.  Customer shall ensure the availability of Connections that are compatible with the Multi-Channel Video Service including, without limitation, the provision and use of appropriate tuners and Connections having HDTV compatibility.

A11     Customer shall not interfere with, alter or substitute any of the programs, information or content offered as part of the Multi-Channel Video Service, which are transmitted over any of the channels provided without the prior written consent of BHN.  Under no circumstances shall Customer have any right to encode, alter, reformat, delete or otherwise modify the Multi-Channel Video Service, including without limitation delivery method and any programming contained within the Multi-Channel Video Service, without the express written consent of BHN.  The limitations of this paragraph shall not apply to formatting of programming as agreed by BHN and Customer.

A12     The inside wiring shall be installed by Customer in consultation with BHN and any specifications provided by BHN to Customer in writing.  BHN shall not be responsible for, and Customer will not be entitled to any credit or rebate for an outage which may be due to a fault or failure with respect to any inside wiring, Connections or any systems, equipment or facilities of any third party, including but not limited to, instances where such outage is due to the Customer’s failure to promptly provide BHN with access to the Property to inspect, monitor, repair, and/or replace the Systems or Multi-Channel Video Service. 

For locations where BHN provides Orlando Visitor Network (“OVN”) Service:

A13     At the earliest, mutually-convenient date after the execution of this Agreement, BHN shall arrange to have installed on the Premises, at BHN's expense, such equipment ("OVN Equipment") as is necessary to exhibit OVN programs on each of the television sets located in the property's private rooms which are available for temporary or permanent occupancy and contain sleeping accommodations plus any additional television sets as Owner may designate (e.g., such as television sets located in health clubs, bars, lounges, lobbies, etc.). BHN shall, at its option and where it deems technologically and economically feasible, provide the dedicated OVN television channel to Owner through one of the following formats or electronic means: 1) Coaxial cable; or 2) DVD player.

A14     BHN shall be responsible to Owner for any damage incurred as a result of its installation, operation, maintenance or repair of the soloist and or fiber optic and/or coaxial cable facilities.

A15     Owner shall use best efforts to notify BHN within twenty-four (24) hours of discovering any OVN Equipment malfunction and BHN shall, upon such notification, provide adequate personnel to service the OVN Equipment and restore it to working order within two (2) business days.  Owner shall provide service personnel designated by BHN unrestricted access to the OVN Equipment at all reasonable times to inspect and repair the OVN Equipment.  In no event shall Owner permit any unauthorized personnel access to the OVN Equipment without BHN prior consent.  The OVN Equipment and OVN programs shall at all times remain the sole property of BHN.

A16     Owner shall provide at least one (1) channel on the property’s television system to be used exclusively for the exhibition of the OVN program.  Owner shall be responsible for maintaining each television set in working order.

A17     Owner shall use best effort to exhibit OVN programs, when and exactly as delivered by BHN (including all programming included in such OVN programs and copyright notices and credits related to such programming) without any alterations or deletions of any kind.

A18     Owner shall not impose any special charge or fee for the privilege of receiving OVN programs in the Rooms, including, without limitation, any incremental room charge in addition to the usual fee or charge for general amenities attributable to the Rooms.

A19     Owner shall not, and shall not authorize others to, receive, transmit or exhibit by any means, whether now known or hereafter devised, any part of an OVN program except as specifically authorized hereunder.  Affiliate shall not duplicate any portion of an OVN program.

A20     Owner shall not, and shall not authorize others to, provide tourist information programming services to the Premise, other than those specified herein, during the Term of the Agreement.

A21     The names and marks "OVN", and "ORLANDO VISITOR NETWORK" are the exclusive property within Florida of BHN; Owner has not and shall not acquire any proprietary or other rights therein by reason of this Agreement.  Owner shall not use "OVN" or "ORLANDO VISITOR NETWORK" in a corporate name or a trade name.  Materials used by Owner may refer to "OVN" or "ORLANDO VISITOR NETWORK" only if it is clear that such names and marks are service marks for the OVN programs which Owner distributes and such use shall be in accordance with any instructions that may be issued by BHN from time to time.  Owner shall not offer its guests any other television service or programming in a manner which would imply or create confusion that such other service or programming is a part of OVN.

Attachment B

Business Phone Service, Business Trunking Services, and Trunks & Data Service
(collectively, “Voice Services”)

Business Phone Service:  If Customer selects to receive the Business Phone Service, Customer will receive telephone service consisting of one or more telephone lines and a variety of features, as described more fully in the applicable Service Order.

Business Trunking Service:  If Customer selects to receive Business Trunking Services, BHN shall provide Business Trunking services over fiber delivered via PRI T1, CAS T1, analog trunks or SIP trunks.

Trunks & Data Service: If Customer selects to receive Trunks & Data Services, BHN shall provide a combination of (i) voice trunks via PRI T1, CAS T1, analog or SIP; and (ii)  Business Internet Services.

 Customer’s use of the Voice Services is subject to the following additional terms and conditions: 

For all Voice Services:

B1       The location and address associated with the Voice Service will be the address identified on the Service Order.  Customer is not permitted to move BHN Equipment from the location and address in which it has been installed.  If Customer moves BHN Equipment such as a voice-enabled cable modem to an address different than that identified on the Service Order, calls from such modem to 911 will appear to 911 emergency service operators to be coming from the address identified on the Service Order and not the new address.  Customer consents to BHN’s disclosure of Customer’s name, address and or/telephone number in response to 911 and similar public safety requests and to the telephone companies serving those end users to whom Customer calls so that calls may be completed. 

B2       Customer acknowledges that it may take up to seventy-two hours to fully provision the E911 services, and if Customer makes a 911 call during this interval, Customer may be required to give its physical address and location information to the 911 emergency dispatcher.

B3       Customer agrees that BHN will not be responsible for any losses or damages arising as a result of the unavailability of the Voice Service, including the inability to reach 911 or other emergency services, the inability to contact a security system or remote medical or other monitoring service provider or any failure or fault relating to Customer-provided equipment, facilities or services.  Customer acknowledges that BHN does not guarantee that the Voice Service will operate with alarm, security, medical and/or other monitoring systems and services or Customer-provided equipment, facilities and services, and that Customer must contact (at Customer’s sole expense) any applicable alarm, security, medical or other monitoring system or service provider or other third-party service provider in order to test the operation of Customer-provided equipment, facilities and systems with the Voice Service.

B4       BHN’s obligation is to provide Voice Service to the customer-accessible interface device or equipment installed by BHN at the BHN network demarcation point on the Customer’s premises.  Customer is solely responsible for coordinating and completing any and all rearrangement, augmentation and configuration of Customer-provided equipment, facilities and systems to be used with the Voice Service and connecting such equipment, facilities and systems to the BHN network interface device or equipment.  Customer must notify BHN at least seventy two (72) hours prior to the Customer’s scheduled installation appointment if the Customer seeks to reschedule installation for any reason.  Additional charges may apply for non-standard installation and missed installation appointments.  

B5       Customer agrees to provide BHN and its authorized agents with access to Customer’s internal telephone wiring at the network interface device or at some other minimum point of entry in order to facilitate the installation and operation of the Voice Service over existing wiring.  Customer hereby authorizes BHN to make any requests from Customer’s landlord, building owner and/or building manager, as appropriate and to make any requests necessary to other or prior communications service providers as necessary and appropriate to ensure that BHN has all access to inside wiring and cabling necessary and sufficient to efficiently and securely install the Voice Service and all related equipment.

B6       Customer acknowledges that the existing telephone wiring inside Customer’s and/or its End User’s facility (as applicable) may not support both the Voice Service and digital subscriber line (DSL) service or other services provided by other service providers.  Therefore, Customer intends to obtain service from other providers in addition to Voice Service, Customer must maintain separate wiring, not provided by BHN, specifically for use with such other services provided by other service providers and must ensure that any existing DSL service or other service is properly disconnected from all wiring to be used for Voice Service prior to installation of Voice Service on Customer’s existing wiring. 

B7       Information relating to Customer calling details (“Calling Details”), including the quantity, configuration, type, destination and amount of Voice Service usage by Customer, and information contained in Customer’s bills (collectively, “Customer Proprietary Network Information” or “CPNI”), that is obtained by BHN pursuant to its provision of the Voice Service will be protected by BHN as described herein, in the Bright House Networks Privacy Policy and in accordance with applicable federal and state requirements.  Notwithstanding the foregoing, the following shall not be CPNI: (i) Customer’s directory listing information, and (ii) aggregated and/or compiled information that does not contain customer-specific references, even if CPNI was used as a basis for such information.

B8       BHN may use and disclose CPNI when required by applicable law.  BHN may use CPNI and share CPNI with its partners and contractors without Customer consent: (i) to provide services and bills to Customer; (ii) pursuant to applicable law; (iii) to protect the interests of BHN, Customer and related parties in preventing fraud, theft of services, abuse, harassment and misuse of telephone services; (iv) to protect the security and integrity of BHN’s network systems; and (v) to market additional BHN services to Customer that are of the same category as the services that Customer purchases from BHN.  BHN will obtain Customer’s consent before using CPNI to market to Customer BHN services that are not within the categories of services that Customer purchases from BHN.  Customer agrees that, except as provided in Section 14.0 of the Terms and Conditions and applicable law, BHN will not be liable for any losses or damages arising as a result of disclosure of CPNI. 

B9       Customer may obtain from BHN Calling Details showing Customer’s outbound calls made within a trailing 90-day period. Customer may access this information by logging in through Customer’s secure account information page on BHN’s web portal or by requesting such information in writing or by telephone call to BHN.  If Customer has not been assigned a designated account representative, BHN will respond to Customer requests for Customer Calling Details only in compliance with BHN’s then-current authentication requirements and applicable law.  Such authentication requirements may require Customer to obtain a secure password, which may be required for both online and telephone requests for Calling Details.  BHN will provide the requested Calling Details by sending a printout or CD containing the requested information to the Customer’s account address of record or by making the document or information available to Customer or Customer’s employee at a BHN retail location upon presentment of a valid government-issued photo ID by Customer.  BHN will notify Customer of any requests to change account passwords, activate online account access and change Customer’s account address of record.  BHN may provide such notice by voicemail, by e-mail or by regular mail to Customer’s prior account address of record.

B10     In the event that a material error or omission in Customer’s directory listing information, regardless of form, is caused by BHN, Customer’s sole and exclusive remedy shall be a partial service credit in an amount set by BHN’s then-current standard policies or as prescribed by applicable regulatory requirements, if any.  Notwithstanding the foregoing, BHN shall have no other liability for any error or omission in any directory listing information.

B11     Customer represents and warrants that all Voice Services purchased hereunder are for retail purposes only. BHN does not support Customer's resale of Voice Services to any other end user, including but not limited to, providing individual end user support for E911 addressing, local number portability, calling name delivery, end user billing, and directory listings. Furthermore, Customer agrees that all Voice Services purchased hereunder will be subject to taxes, fees, and assessments based on Customer's use of the Voice Services as a retail end user.

For Business Phone Services:

B12     Customer acknowledges that the voice-enabled cable modem used to provide Business Phone Service is electrically powered and that the Business Phone Service, including the ability to access 911 services and alarm, security, medical and other monitoring services, may not operate in the event of an electrical power outage or a BHN network service interruption. Customer also acknowledges that, in the event of a power outage at Customer or any End User’s facility, any back-up power supply provided with a BHN-provided voice-enabled cable modem may enable service for a limited period of time or not at all, depending on the circumstances, and that the use of a back-up power supply does not ensure that the Business Phone Service will be available in all circumstances.  Customer shall notify BHN when any battery or back-up power supply included with the BHN-provided voice-enabled cable modem is not functioning properly.  Customer also acknowledges that, in the event of a loss of power that disrupts the local BHN network, the battery or back-up power supply included with the BHN-provided voice-enabled cable modem will not provide back-up service and the Business Phone Service will not be available.

B13     Customer shall not use Business Phone Service to connect to PBX, automatic-dialers, or use the service in conjunction with high volume calling such as telemarketing or surveying. BHN has the right to limit the Business Phone Service to reasonable quantities of minutes and messages used or consumed by the Customer to prevent abuse from excessive usage or fraud and to maintain a high level of service for other BHN Customers. Any breach of this provision could, at BHN’s discretion, lead to immediate termination of the service at no liability to BHN and payment of all damages incurred. 

For Business Trunking and Trunks & Data Services:

B14     If the Customer uses a Private Branch Exchange (PBX) or similar device in connection with the Business Trunking and/or Trunks & Data Service, Customer is responsible for programming the PBX to ensure that agencies receiving E911 emergency calls through the PBX will receive appropriate information about the location of the caller.  A termination unit with an integrated access device or SIP terminating device (collectively referred to as Trunk Equipment) will be provided and installed by BHN at no charge to Customer.  Customer is responsible for battery backup for the Trunk Equipment.   In the event of a power outage, the duration of Service during a power outage using the Trunk Equipment will depend on Customer’s battery backup choice.  If the Trunk Equipment that supplies the Business Trunking and/or Trunks & Data Service is disconnected or removed and/or the battery is not charged, the Business Trunking Service and/or Trunks & Data Service, including access to E911, will not be available.  Customer acknowledges that in the event of a power failure, BHN bears no responsibility for such loss of service at the Customer location.

B15     The Business Trunking and/or Trunks & Data Service does not support the use of auto dialers.  Additionally, BHN has the right to limit the Business Trunking and/or Trunks & Data Service to reasonable quantities of minutes and messages used or consumed by the Customer based on any committed minutes on the service order to prevent abuse from excessive usage or fraud and to maintain a high level of service for other BHN Customers. Any breach of this condition could, at BHN’s discretion, lead to immediate termination of the service at no liability to BHN and payment of all damages incurred. 

B16     BHN provides the Business Trunking and/or Trunks & Data Service to the point of network demarcation (network interface device) and is not responsible for Customer wiring or Customer premise equipment such as a PBX. Customer agrees to ensure that Customer’s PBX is adequately secured from unauthorized access.

B17     If the Customer would like for individual phone numbers to have different locations for E911 purposes, the customer must provide telephone number location information to BHN in writing.

Attachment C
Business Internet Service, Dedicated Internet Access Service and Trunks & Data Service
 (collectively, “Internet Services”)

Business Internet Service:  If Customer selects to receive the Business Internet Service, BHN shall provide Internet access to the Customer site(s) set forth in the Order.  Customer shall be permitted to connect any number of computers within Customer's identified sites to the Business Internet Service, provided that use does not exceed the standard bandwidth provided by BHN.

Dedicated Internet Access (“DIA”) Service:  If Customer selects to receive the DIA Service, BHN shall provide Customer with a dedicated, scalable service over fiber using a packet-based infrastructure with Internet access between Customer’s data network identified in the applicable Order and the BHN facility identified in the applicable Order.  DIA bandwidth requirements will be set forth in the applicable Order.

Trunks & Data Service: If Customer selects to receive Trunks & Data Services, BHN shall provide a combination of (i) voice trunks via PRI T1, CAS T1, analog or SIP; and (ii)  Business Internet Services.

Customer’s use of the Internet Services is subject to the following additional terms and conditions:  

C1       Customer shall not upload, post, transmit or otherwise make available on or via the Internet Services any material (including any message or series of messages) that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, obstructive, harassing, libelous, invasive of privacy or publicity rights, that in the circumstances would be obscene or indecent, that constitutes hate speech, that is otherwise offensive or objectionable, or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.  BHN may remove or demand removal of content that in its judgment violates these standards.

C2       BHN shall have the right, but not the obligation, to: (a) monitor traffic and content on its network, in its sole discretion, including through the use of automatic content filters (including without limitation spam, virus, and adult language sniffers and filters); and (b) monitor Customer’s bandwidth utilization and to limit excessive use of bandwidth (as determined by BHN) as BHN deems appropriate to efficiently manage its network.  In the event that any BHN audit reveals that Customer's usage of a Service exceeds Customer's rights hereunder, BHN shall have the right, upon notice to Customer, to move Customer a higher tier of  Service (which may result in higher monthly charges) or impose other charges.  In addition, Customer shall either discontinue any excess usage or thereafter continue to pay the applicable Service Charges for such additional usage.   

C3       BHN shall have the right, but not the obligation, to; (i) review public content associated with the Internet Services, including chat rooms, bulletin boards and forums, in order to determine compliance with the Master Agreement and any rules now or hereafter established by BHN; and (ii) remove (or demand the removal of) any such content that BHN determines to be unacceptable or to violate the terms of the Master Agreement, any bandwidth utilization limitations or other Terms of Use. 

C4       BHN shall allow Customer employees to use (however in no event shall BHN be responsible for) a Virtual Private Network (“VPN”) and to allow the VPN to pass through the cable modem of any Business Internet Service, as applicable, provided that BHN shall have the right to disconnect (or demand the immediate disconnection of) any such Business Internet Services, that degrades any service provided to other subscribers on the BHN network.

For Business Internet Service and Trunks & Data Services:

C5       Each tier or level of Services has limits on the maximum throughput rate at which Customer may send and receive data at any time and the maximum throughput rate may be achieved in bursts, but generally will not be sustained on a consistent basis.  The throughput rate experienced by Customer at any time will vary based on numerous factors, including without limitation, the condition of Customer’s inside wiring, computer configurations, third-party Internet and BHN network congestion, time of day and the accessed website servers, among other factors.

For Dedicated Internet Access Service:

C6       If, during the Term, Customer receives any offer from any third party for the right to provide any service that competes with or is similar to the Services provided by BHN under this Agreement, then Customer shall provide to BHN immediate written notice and copy of such offer, and for a period of fifteen (15) days after receipt of such notice, BHN shall have the right to match such offer under equivalent or better terms and conditions.

Attachment D
Metro Ethernet Services

Metro Ethernet Service:  If Customer selects to receive Metro Ethernet Service, BHN shall provide a fiber connection to the Customer and deliver Metro Ethernet service per site as set forth in the Order. BHN will provide the Customer with switched Ethernet service between Customer locations as set forth in the Order. Metro Ethernet Service bandwidth requirements will be set forth in the applicable Order(s).
 

Customer’s use of Fiber Service is subject to the following additional terms and conditions: 

D1       Customer shall not transmit or otherwise make available on or via the Metro Ethernet Service any material (including any message or series of messages) that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, obstructive, harassing, libelous, invasive of privacy or publicity rights, that in the circumstances would be obscene or indecent, that constitutes hate speech, that is otherwise offensive or objectionable, or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.  BHN may remove, or demand the removal of, content that in its judgment violates these standards. Customer agrees to conform its equipment and software to BHN’s then-current network specifications and system requirements for the Service.

D2       BHN shall have the right, but not the obligation, to (a) monitor traffic and content on its network, in its sole discretion, including through the use of automatic content filters (including without limitation spam, virus, and adult language sniffers and filters); and (b) monitor Customer’s bandwidth utilization and to limit excessive use of bandwidth (as determined by BHN) as BHN deems appropriate to efficiently manage its network.  In the event that any BHN audit reveals that Customer's usage of a Service exceeds Customer's rights hereunder, BHN shall have the right, upon notice to Customer, to move Customer a higher tier of  Service (which may result in higher monthly charges) or impose other charges.  In addition, Customer shall either discontinue any excess usage or thereafter continue to pay the applicable Service Charges for such additional usage.

D3       Customer represents and warrants that Customer’s use of Metro Ethernet Services shall be such that the Metro Ethernet Service shall be deemed jurisdictionally interstate, pursuant to the Federal Communications Commission’s mixed use “10% Rule” (47 C.F. R. 36.154, 4 FCC Red. 1352), and shall notify BHN in the event of breach or threatened breach of the foregoing.  If, as a result of Customer’s use of Metro Ethernet Services, the Metro Ethernet Services are deemed not to be jurisdictionally interstate pursuant to the 10% Rule, then Customer will be liable for any resulting fees, fines, penalties and costs incurred by BHN.  In addition, if BHN determines that Customer’s use of the Metro Ethernet Services is likely to be deemed not to be jurisdictionally interstate, and therefore that BHN’s provision of the Metro Ethernet Services is likely to put BHN’s franchises, licenses, permits or business at risk, or otherwise cause regulatory problems for BHN, then BHN may immediately suspend the provision of any or all Metro Ethernet Service under any or all affected Service Orders until such time as either (a) Customer provides BHN with satisfactory assurances that Customer’s use of Metro Ethernet Services shall be deemed to be jurisdictionally interstate or (b) BHN is otherwise brought into full compliance with any applicable laws and regulations.

D4       If, during the Term, Customer receives any offer from any third party for the right to provide any service that competes with or is similar to the Services provided by BHN under this Agreement, then Customer shall provide to BHN immediate written notice and copy of such offer, and for a period of fifteen (15) days after receipt of such notice, BHN shall have the right to match such offer under equivalent or better terms and conditions.

Attachment E

Toll Free Number Service

Toll Free Number Service:  If Customer selects to receive Toll Free Number (TFN) Service, BHN shall provide 800/8XX number(s) that is tied to a specific Voice Services telephone numbers.  TFN Service is an 800/8XX inbound service that terminates on a Voice Services telephone numbers. This service enables the Customer to receive Toll Free Number calls at their place of business. TFN includes a variety of features, as described more fully in the applicable Order.

Customer’s use of the TFN Service is subject to the following additional terms and conditions:

E1       BHN reserves the right to require an applicant for TFN Service to supply the following information when requesting service: An initial traffic forecast, identification of anticipated busy hour volume, identification of its geographical marketing target areas, and a schedule of marketing and promotional activities. BHN may also require that the Customer submit a new traffic forecast quarterly after service is initiated.

E2       BHN's TFN Service is furnished upon condition that the Customer contracts for adequate facilities to permit the use of this service without adversely affecting the service or any service rendered by BHN. BHN may terminate or refuse to furnish BHN's TFN Service to any applicant, without incurring any liability and without notice to the Customer, if the use of the service would interfere with or impair any service rendered by BHN.

E3       The Customer must obtain an adequate number of phone lines or trunks for BHN TFN Services to handle the Customer's expected demand in order to prevent interference or impairment of this service or any other service provided by BHN considering: (1) total call volume; (2) average call duration; (3) time-of-day characteristics; and (4) peak calling period. BHN, without incurring any liability and without notice to the Customer, may disconnect or refuse to furnish BHN TFN Service to any Customer that fails to comply with these conditions.

E4       If the Customer requests assignment of a specific TFN, BHN may require the Customer to submit a number reservation agreement form to BHN. At no time may a Customer have more than ten (10) numbers reserved. Any reservation shall be for no more than fifteen (15) calendar days and shall be subject to a reservation fee which will be credited to Customer's unpaid balance after BHN's TFN Service has been in actual and substantial use for a consecutive sixty (60) day period. Reservations shall be made on a first-come first-served basis

E5       Use of numbers: Each BHN TFN must be placed in actual and substantial use by the Customer. "Substantial use" shall mean a pattern of use that demonstrates intent on the Customer's part to employ the number for the purpose for which it was intended; namely, to allow callers to reach the Customer, as indicated, for example, by at least 15 average monthly minutes of use or more. Any TFN telephone number associated with BHN's TFN Service that has not been placed in actual and substantial use during the first sixty (60) day period after service activation may be recovered upon written notice to the Customer. Nothing in this Section, or in any other provision of this tariff, or in any marketing materials issued by or on behalf of BHN, shall give any person, including prospective Customers who have reserved TFN telephone numbers hereunder or Customers who subscribe to and use BHN's TFN Service or their transferee or assigns, any ownership interest or proprietary right in any particular TFN.

E6       Phone numbers including TFN(s) are “portable” in nature as provided by law and the ownership of the number is registered to the Customer. If a Customer places an order for BHN to carry Customer's already existing TFN service, the Customer shall provide to BHN the contact names, telephone number and address of the Customer's Responsible Organization (RespOrg). Upon subscription to BHN's TFN Service, the Customer may execute a Letter of Authorization to transfer RespOrg responsibility of its TFN(s) to BHN's RespOrg BHN’s TFN Services are only offered in conjunction with a BHN RespOrg TFN and a BHN Voice Services telephone number.  Customer may not elect to retain or transfer service to a non-BHN RespOrg for use in conjunction with BHN’s Voice Services telephone number or TFN Services.  Customer must notify BHN of any changes in the Customer's RespOrg in writing within 48 hours of the change. The Customer is responsible for all outstanding indebtedness for services provided by a previous RespOrg or TFN service carrier. BHN assumes no responsibility or liability with respect to any obligations of Customer to such previous service providers existing at the time of transfer to BHN.

E7       Subject to execution of an TFN Service Master Agreement and LOA between BHN and the Customer, BHN will provision BHN TFN Service in conjunction with a BHN’s designated RespOrg for all BHN TFN Service orders. BHN's TFN Service includes: 1) search for and reservation of TFN(s) with the BHN designated RespOrg; 2) creating and maintaining the TFN Customer record with the BHN designated RespOrg; and 3) provision of a single point of contact for trouble reporting.

1.     When provisioning BHN TFN Services, BHN will, at the Customer's request, subscribe to 800 Directory Listing for the TFN(s) assigned to the Customer. A charge for 800 Directory Listings will apply as set forth in the TFN Service - Service Order . In the event that a Customer transfers its TFN service to another RespOrg, BHN shall cease to subscribe to Toll-Free Directory Listing Service on behalf of the Customer and the Customer is responsible for assuring that Toll-Free Directory Listing Service is maintained through the new RespOrg.  Customer is responsible for payment of any outstanding Toll-Free Directory Listing charges, including any unexpired portion of any minimum period applicable to such services, and BHN shall have no liability for any interruption or other delay, error, mistake, omission or other defect occurring in connection with the transfer of Toll-Free Directory Listing responsibility.

2.     When provisioning BHN TFN Services shall include, at the Customer's request, a subscription to Features as set forth in the TFN Service – Service Order.  Charges shall apply as set forth in the Service Order.

3.     In the event that a Customer cancels its BHN TFN Service, the Customer shall coordinate with the Customer’s new RespOrg to port the TFN assigned. 

4.     In the event that a Customer cancels its BHN RespOrg or Toll-Free Service, the Customer shall be responsible for all outstanding indebtedness to BHN and any outstanding charges applicable to any services obtained by or on behalf of the Customer by BHN.

E8       It is the Customer's responsibility to provide answer supervision back to BHN point of connection even when BHN TFN Service is connected to switching equipment or a Customer-provided communications system. In such case, the equipment or system must provide appropriate supervision so that the measure of chargeable time begins upon delivery of the call to the Customer's switching equipment or communications system and ends upon termination of the call.

E9       In accordance with FCC regulations, Voice Services telephone number associated with the BHN TFN Service shall only be used for billing and collection, routing, screening, and completion of the originating subscriber's call or transaction or for service directly related to the originating subscriber's call or transaction.

E10     The TFN shall not be reused or resold.

E11     BHN has the right to limit the TFN service to reasonable quantities of minutes and messages used or consumed by the Customer to prevent abuse from excessive usage and to maintain a high level of service for other BHN Customers. Any breach of this condition could, at BHN’s discretion, lead to immediate termination of the service at no liability to BHN and payment of all damages incurred.

E12     Termination of the Voice Services associated with the TFN shall result in automatic termination of the Customer’s BHN TFN Service.

E13     The BHN TFN Service does not support local services, 911, E911, operator services, local number portability or directory listings.

Attachment F

Business Conferencing Services

Business Conferencing Services: If Customer selects to receive the BHN Conferencing Services, Customer may receive services which consist of Audio Conferencing, Web Conferencing, Video Conferencing, Unified Web and Audio Conferencing and other services, including a variety of features, as described more fully in the applicable Order.

Customer’s use of the Business Conferencing Services is subject to the following additional terms and conditions: 

F1       BHN may alter, expand, or reduce the features of the Services from time to time without notice to Customer. Customer agrees that BHN’s obligation to provide Services is conditioned upon Customer providing all information and assistance reasonably required to perform the Services and Customer hereby agrees to timely provide all such information and assistance. BHN reserves the right to reclaim any dial-in numbers at any time. Customer acknowledges that not all Services can be guaranteed from all locations including, but not limited to via mobile telephones, pay phones or satellite phones due to various in-country, carrier or other restrictions.

F2       License. BHN or its suppliers retain all right, title, and interest, including all intellectual property rights, relating to or embodied in the Services, including without limitation all technology, telephone numbers, web addresses, software, or systems relating to the Services. Customer agrees not to reverse engineer, decompile, disassemble, translate, or attempt to learn the source code of any software related to the Services. Customer agrees that use of Third Party Services such as Microsoft Live Meeting and WebEx is subject to the license agreement of such provider. Other than using the Services for conferences or meetings in which Customer are an active participant, Customer may not resell the Services or otherwise generate income from the Services.

F3       Responsibility for Customer's Accounts. Customer is responsible for maintaining the confidentiality of Customer’s accounts, owner numbers, conference codes, passwords and personal identification numbers used in conjunction with the Services and for all uses of the Services in association with Customer’s accounts whether or not authorized by Customer. BHN Business Solutions does not sell products or services for children. Customer will not allow children under 18 to use the Services without the involvement of a parent or guardian. Customer agrees to immediately notify BHN of any unauthorized use of Customer’s account of which Customer become aware.

F4       Responsibility for Communications. Customer is the sole owner of content and solely responsible for the content of all communications (visual, written or audible) using Customer’s accounts. Customer shall comply with all laws while using the Services; shall not transmit any communication that violates any law, court order, or regulation; shall not violate any third party rights in using the Services; and shall not use the Services in any way that damages BHN’s property or interferes with or disrupts BHN’s system or other users. Although BHN is not responsible for any such communications, BHN may suspend any such communications of which BHN is made aware. Use of conference recording or taping any use of the Services by Customer may subject Customer to laws or regulations and Customer is solely responsible for and obligated to provide any required notification to participants prior to commencement of said conference. Customer acknowledges and agrees that BHN has not and is not expected to provide Customer with any analysis, interpretation or advice regarding Customer’s compliance with the above and does not control Customer’s content nor guarantee the accuracy, integrity, security or quality of Customer’s content.

F5       Export and Import Control Laws and Regulations. Customer acknowledges that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin, including the Services and any related software. Without limiting the foregoing, Customer acknowledges that the Services and any related software are or may be an "encryption item" subject to controls under the Export Administration Regulations promulgated by the U.S. Department of Commerce. Customer agrees not to export or re-export the Services or any related software in any form in violation of the export laws of the United States or any foreign jurisdiction.

F6       Message delivery Services. If Customer uses Services to send fax, email, phone, text, SMS, or other messages (“Messages”) to any recipients (the “Recipients”) as a condition for using such Services, Customer represents and warrants that a) that Customer will not make any automated outdials to induce the purchase of goods or services or to solicit a charitable contribution; and (b) Customer has the legal right to send all Messages to the Recipients (including obtaining any required consents from the Recipients) and the content timing and purpose of all Messages, campaigns and programs are in compliance with all applicable laws, rules and regulations including those with respect to timing, content, do not call lists and: the following laws of the United Sates: TCPA 47 USC 227; CANSPAM Pub. L. No. 108-187; and TSR 16 CFR 310; the following laws of Canada: the Canadian Radio-television and Telecommunications Commission concerning telemarketing and unsolicited faxes, Personal Information Protection and Electronic Documents Act; and from the following laws of the United Kingdom: the UK Privacy and Electronic Communications Regulations 2003. Customer further acknowledges that Customer is the sender of all Messages and BHN is acting at Customer’s direction as the broadcaster of the Messages. BHN does not provide content and Customer shall be solely responsible for all content of the Messages and for providing any list of names, numbers or addresses for BHN to utilize in sending Messages.

Attachment G

WiFi for Hospitality Service and WiFi Hotspot Service (collectively, “Public WiFi Services”)

WiFi for Hospitality Service: If Customer selects to receive WiFi for Hospitality Service, BHN shall deliver (i) wireless Internet access; and (ii) wired Internet access consisting of Business Internet Service or Dedicated Internet Access Service (Attachment C). 

WiFi Hotspot Service: If Customer selects to receive WiFi Hotspot Service, BHN shall deliver managed wireless access to Business Internet Service or Dedicated Internet Access Service (Attachment C). 

Customer’s use of Public WiFi Services is subject to the following additional terms and conditions:

For all Public WiFi Services:

G1       BHN shall provide and maintain wireless equipment on Customer’s premises in order to provide Public WiFi Services.

G2       Customer may resell or distribute Public WiFi Services only to its end users. Customer is solely responsible for billing its end user.

G3       BHN may use the wireless equipment it provides on Customer’s premises to broadcast, in addition to any SSID for Customer’s use, one or more SSIDs chosen by BHN for BHN’s use at its sole discretion, and may deploy any ancillary and associated wireless equipment.

G4       Customer agrees to use BHN-provided marketing materials including but not limited to tent cards, rack cards and access code cards only for their end users.

G5       Customer agrees not to modify or copy BHN-provided marketing materials including but not limited to tent cards, rack cards and access code cards.

G6       Any WiFi hotspot equipment or modem provided by BHN for Public WiFi Services shall not be disconnected, turned off, tampered with, or used by Customer for any other purpose.

For WiFi for Hospitality Services:

G6       Customer shall provide space in a central telecom closet on the property.   

G7       Customer is responsible for all network cabling to enable wired Internet access.

G8       Customer shall provide a network cable for guests wishing to connect to the Ethernet wall jack in each room.

Attachment H

Business Web Services

Business Web Services:  If Customer selects to receive the Business Web Services, Customer may receive services which consist of Web Hosting, Ecommerce, E-mail and Vanity Domain Email, Hosted Exchange, Hosted SharePoint and other services, including a variety of features, as described more fully in the applicable Order.

Customer’s use of the Business Web Services is subject to the following additional terms and conditions: 

H1       Customer shall not upload, post, transmit or otherwise make available on or via the Internet Services any material (including any message or series of messages) that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, obstructive, harassing, libelous, invasive of privacy or publicity rights, that in the circumstances would be obscene or indecent, that constitutes hate speech, that is otherwise offensive or objectionable, or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.  BHN may remove or demand removal of content that in its judgment violates these standards.

H2       BHN shall have the right, but not the obligation, to: (a) monitor traffic and content on its network, in its sole discretion, including through the use of automatic content filters (including without limitation spam, virus, and adult language sniffers and filters); and (b) monitor Customer’s bandwidth utilization and to limit excessive use of bandwidth (as determined by BHN) as BHN deems appropriate to efficiently manage its network.  In the event that any BHN audit reveals that Customer's usage of a Service exceeds Customer's rights hereunder, BHN shall have the right, upon notice to Customer, to move Customer a higher tier of  Service (which may result in higher monthly charges) or impose other charges.  In addition, Customer shall either discontinue any excess usage or thereafter continue to pay the applicable Service Charges for such additional usage.   

H3       BHN shall have the right, but not the obligation, to; (i) review public content associated with the Internet Services, including chat rooms, bulletin boards and forums, in order to determine compliance with the Master Agreement and any rules now or hereafter established by BHN; and (ii) remove (or demand the removal of) any such content that BHN determines to be unacceptable or to violate the terms of the Master Agreement, any bandwidth utilization limitations or other Terms of Use. 

H4       Server Resources. Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. BHN will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting and Ecommerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

H5       Spamming. Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to BHN's Customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a BHN server, and selling or distributing software (on a Web site residing on a BHN server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. BHN reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

H6       CGI Scripts. Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. BHN does not permit CGI script sharing with domains not hosted by BHN or any scripts that may be abused for UCE purposes.

H7       Chat Rooms. BHN does not allow Web Hosting and Ecommerce Customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, BHN provides Java chat rooms that meet most users' needs and run without hindering system performance.

H8       Background Running Programs and Cron Jobs. BHN may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and Ecommerce Customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact BHN at support@websupport.brightbiz.com so that we can arrange set-up.

H9       IRC. BHN does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce Customers.

H10    Software Distribution.   BHN's Web Hosting and Ecommerce accounts are not configured for the purposes of distributing large software and/or multimedia products exceeding 250MB in size. If you wish to distribute large software and/or multimedia products, please contact support@websupport.brightbiz.com to make special arrangements.

H11    Multimedia Files. Multimedia files are defined as any graphics, audio, and video files. BHN Web Hosting and Ecommerce accounts are not to be used for the purposes of distributing and storing excessively large multimedia files. Any multimedia file exceeding 250MB in size will be considered to be an excessively large multimedia file and will not be permitted.

H12    Databases. Any database stored on BHN's Web Hosting and Ecommerce servers will be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account.

H13    Ownership of Web Site. The legal owner of Customers' Web sites and accounts with BHN will be the individual or organization whose name is listed in BHN's database as the owner. Customers will fully cooperate with and abide by any and all of BHN's security measures and procedures in the event of any dispute over ownership of Customers' Web sites and accounts with BHN.

H14    Illegal Use. BHN servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing BHN services, all BHN Customers certify that they and/or the organization they represent in procuring services from BHN are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

H15    System and Network Abuse. Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

H16    Viruses and Other Destructive Activities. Use of BHN's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use BHN's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

H17    Copyright Violations. The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All BHN Customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a BHN Customer (per the DMCA) to BHN must follow the below procedures. Copyright infringement notifications submitted to BHN according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at BHN's sole discretion.

DMCA Copyright Infringement Notification Requirements

a.     Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant"). 

b.     Identification of the copyrighted work(s) claimed to have been infringed.

c.     Identification of the material claimed to infringe the copyright(s), and enough information for BHN to locate it including URLs and specific descriptions of the infringing material at each URL.

d.     The Claimant's name, address, and telephone number(s).

e.     A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.

f.      A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

g.     Mail the notification to the Legal Department at Bright House Networks, LLC

H18    Adult Content. Pornography and sex-related merchandising are prohibited on BHN servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

H19    Child Pornography. The use of BHN's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. BHN is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

H20    Privacy. BHN is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, BHN urges its Customers to assume that all of their on-line communications are insecure. BHN cannot take any responsibility for the security of information transmitted over BHN's facilities. Additional details on privacy and BHN's use of Customer information can be found in BHN's Privacy Statement located at business.brighthouse.com.

H21    Customer Responsibility. BHN anticipates that Customers who offer Internet services will cooperate with BHN in any corrective or preventive action that BHN deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of BHN policy and BHN reserves the right to take any such action even though such action may affect other Customers of the BHN Customer.

H22    Modifications. BHN may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide Customers with BHN's services. Certain changes to BHN's services may affect the operation of Customers' personalized applications and content. Each Customer is solely responsible, and BHN is not liable, for any and all such personalized applications and content, except as expressly agreed to by BHN.

H23    Backup of Data. Except where BHN has expressly agreed in writing to the contrary, Customers are solely and entirely responsible, and BHN is in NO way responsible, for the management and backup of all Customer data, and all updates, upgrades, and patches to any software that Customers use in connection with BHN services.

H24    Third Party Licenses. BHN makes a reasonable effort to provide Customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, BHN makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, BHN specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no Customer will hold BHN liable in any way for the revocation of any license, which has been licensed to BHN. The use of the Technologies obtained from or through BHN, or any other referred third party, whether directly or indirectly, is at the sole risk of Customers.

H25    Non-BHN Products. Any mention of non-BHN products by BHN, its employees, or any third party entity related to BHN is for information purposes only and does not constitute an endorsement or recommendation by BHN. BHN disclaims any and all liabilities for any representation or warranty made by the vendors of such non-BHN products or services.

H26    Billing. All charges for BHN Business Web Services will be included on the Customer invoice with Business Internet or Dedicated Access services and payments are due in accordance with the terms and conditions for those services.  Ownership of domain name will not be fully authorized until payment is received in full to BHN.  Failure to comply with payment terms will result in forfeiture of domain name rights by registrant.

H27    Statements. Detailed statements of invoiced charges can be viewed and printed through the Customer's secure, online website control panel. 

H28    Additional Service Fees

a.     Reactivation

Customers that wish to reactivate a closed account will be assessed a $19.95 reactivation fee. A $99.95 fee will be assessed if BHN restores your data files to your reactivated account.

b.     Hosting Plan Changes

Customers electing to change to a lower priced hosting plan on the same platform will be charged a $19.95 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between the setup fee applicable to your new and former plans.

c.     Platform Change

Customers that elect to change plans to a different operating system platform will be charged a $19.95 platform change fee.

H29    Important Notice. Domain name registrations and Web hosting accounts are handled by separate entities. In the event you need to cancel, you must specify whether you would like to cancel your domain name only, your Web hosting plan only, or both your domain and hosting accounts. The cancellation or expiration of your domain name does not automatically terminate your hosting account (or vice versa). Your hosting account billing term automatically renews upon its completion, unless you notify BHN that you would like to cancel your account.

H30    Cancellations. Cancellation requests must be received by BHN a minimum of ten (10) days prior to the end of your Billing Cycle.  Cancellations submitted later than this time may result in automatic renewal of your hosting plan.  Cancellations become effective on the day processed by BHN. BHN is unable to cancel your account effective for a future date. BHN will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact BHN as soon as possible.

            BHN does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, InterNIC, or any other secondary issues not directly related to BHN's services. Cancellation of services does not relieve the Customer from paying any outstanding balance owed on the account. BHN reserves the right to cancel any account, at any time, without notice, for any reason BHN considers appropriate.

Attachment I

Service Level Agreement

For Customers receiving Business Trunking Services (Attachment B), Dedicated Internet Access Service (Attachment C), and Metro Ethernet Services (Attachment D): 

Service levels:

·         Network Availability. The BHN Backbone Network shall be available 99.95% of the time. The BHN Backbone Network shall mean core routers and transmission equipment in BHN facilities. Network availability is calculated as follows:

(Total number of minutes in the applicable calendar month) - (Total Outage minutes for the applicable calendar month)
-------------------------------------------------------------------------------------------------------------------------------------------------------------
Total number of minutes in the applicable calendar month

If this service level is not satisfied during a calendar month, Customer will be entitled to, as its sole and exclusive remedy, a credit of one thirtieth (1/30th) of the MRC for each full hour that the Service is unavailable.

·         Mean Time to Restore.  Mean Time to Restore is the monthly average time over any calendar month it takes for BHN to resolve an Outage. Mean Time to Restore is calculated as follows:

Mean Time to Restore = Total outage minutes / Total outage occurrences

BHN will restore service at a Customer Site affected by an Outage, on average, within four (4) hours after a trouble ticket is opened. If BHN does not meet this service level, Customer will be entitled to, as its sole and exclusive remedy, a credit equal to one thirtieth (1/30th) of the MRC for the affected Customer Site.

The BHN NOC shall deem that an Outage has occurred whenever the BHN NOC is informed by the Customer and verifies that the customer does not have the ability to transmit or receive packets by means of the Service(s), and "Total Outage Minutes" shall be deemed to be the length of time during which the Service(s) is unavailable to the Customer, as reflected on such trouble tickets. Service is considered restored when service has been restored when the trouble ticket is closed. During an Outage, Latency and Packet Loss calculations are suspended and not included in the monthly totals.

The foregoing service levels (including for latency and packet loss, as defined below) shall only apply to the throughput rates as set forth on Customer’s Order.  

Limitations on service levels. Each of these service levels is subject to the following performance and measurement limitations: (1) Customer must contact BHN Customer Care at (866) 477-1386 to open a ticket and to request a service level remedy (credit); (2) the total amount credited may not exceed the applicable monthly recurring charge (MRC) for the affected Service and is the sole remedy for the Outage; (3) Bright House Network’s service levels are provided for on-net services only; and (4) service level measurements will not include:

I1         Outages planned by BHN to carry out emergency maintenance with as much notice as possible given.

I2         Outages planned by the Customer for the purpose of allowing BHN to carry out planned or routine maintenance at times to be agreed with Customer.

I3        Outages due to the non-release of the affected service element by Customer to BHN for the purpose of fault verification and/or restoration of availability.

I4        Outages due to the malfunction of Customer equipment and wiring beyond the service demarcation point including LAN and voice equipment and outages due to or extended as a result of denial of access to any site.

I5        Outages due to changes made to services at Customer’s request where BHN has informed Customer about the Outage in advance and in writing.

I6        Outages due to Customer requested test-assists, provided that the testing is not required as a result of failure of a BHN provided service.

I7        Outages due to defined Force Majeure events as provided for in the agreement.

I8        Outages cause by delinquent payment.

I9        Outages resulting from failures of access circuits or Outages caused by Customer provided access facilities.

For Dedicated Internet Access (Attachment C) and Metro Ethernet (Attachment D) Services, the following shall apply:

·         Latency. The BHN Backbone Network shall have an average roundtrip packet transit time within the BHN Backbone Network of no more than 25ms. (This average latency is measured as the average of 15 minute samples across the BHN Backbone Network as taken throughout a calendar month.) If this service level is not satisfied during a calendar month, Customer will be entitled to, as its sole and exclusive remedy, a credit of one thirtieth (1/30th) of the MRC for each full millisecond exceeding the 25ms average.

·         Packet Loss. The BHN Backbone Network shall have an average packet loss of less than one-half percent (0.5%) during any calendar month. Packet Loss is the difference between the number of packets transmitted by a device and the total number of packets received by the intended recipient. If this service level is not satisfied during a calendar month, Customer will be entitled to, as its sole and exclusive remedy, a credit of one thirtieth (1/30th) of the MRC for each percentage point above the one-half percent (0.5%) average maximum.

Attachment J

OnSite Technical Service, Managed Wireless Network and One-time Fix (collectively, “OnSite Services”)

OnSite Technical Service (OTS): If Customer selects to receive OTS, BHN shall deliver specific remote and on-site technical assistance for a specific number of Customer’s computers and Customer’s data network, as stated in the applicable Order.

Managed Wireless Network (MWN): If Customer selects to receive MWN, BHN shall deliver specific remote and on-site technical assistance for Customer’s computers, printers and wireless data network, as stated in the applicable Order.

One-time Fix (OF): If Customer selects to receive OF, BHN shall deliver specific remote and/or on-site technical assistance for a specific Customer’s computer or Customer’s data network, as stated in the applicable Order.

Customer’s use of OnSite Services is subject to the following additional terms and conditions:

J1            Upon request, Customer shall provide documentation of valid software licenses that Customer requests BHN to support.

J2            BHN may require Customer to install certain software to assist BHN in the provision of OnSite Services. BHN reserves the right to terminate this Agreement if Customer (i) does not agree to install the software on the supported computers; or (ii) alters, modifies or disables the software or its settings or configurations.

J3            BHN may suggest that Customer acquire, install and use certain third party software ("Third Party Software"). Customer shall be solely responsible for acquiring and maintaining valid licenses to any Third Party Software, even if BHN assists Customer in the acquisition, installation, and/or use of such Third Party Software. BHN shall not be deemed to provide or license Third Party Software to Customer, and makes no representation or warranty with respect to any Third Party Software, including but not limited to any warranty with respect to the effectiveness, availability or security of any third party software.

J4            BHN may use any tools it reasonably deems necessary or advisable to perform OnSite Services, including obtaining remote access to Customer’s computer(s) and related network and peripherals.

J5            BHN does not guarantee or warrant that OnSite Services will be free of, prevent or eliminate any or all defects, infection or viruses, worms, Trojan horses or other code that manifest contaminating, malicious or destructive properties. Customer is responsible for implementing adequate procedures to satisfy particular requirements for accuracy of data input and output and for maintaining a means external to OnSite Services for the reconstruction of any lost data.

J6            OnSite Services shall be available at the times set forth in the applicable service offering documentation, to the extent commercially reasonable.

J7            Notwithstanding anything to the contrary in this Agreement, (a) BHN may change the specific service offerings included within OnSite Services at its reasonable discretion, and (b) Customer shall not terminate its subscription to OnSite Services on such basis.

J8            Customer acknowledges and agrees that the Internet is not a secure network and that third parties may be able to intercept, access, use, or corrupt the information Customer transmits or receives over the Internet. BHN shall not be responsible for invalid destinations, transmission errors, or corruption or security of your data.

J9            During the Term and for six (6) months thereafter (collectively, the “Non-Solicitation Period”), Customer shall not directly or indirectly solicit, induce away, hire, engage as a contractor or recommend for employment by any third party any “Covered Resource” (as defined below).  If Customer breaches the foregoing provision, then Customer shall pay to BHN an amount equal to the applicable Covered Resource’s annual monetary compensation by BHN for the prior calendar year, inclusive of any bonus or other monetary benefits.  “Covered Resource” means any then-current or then-former employee of BHN or of any affiliate of BHN (with Advance/Newhouse Communications deemed an affiliate of BHN for such purpose), to the extent such person is or was directly involved in the performance of this Agreement.

J10         If Services are to be performed on a computer, Customer shall specifically designate each computer for which it wishes BHN to provide the applicable Services, such as by providing model number, serial number, operating system product ID, and/or MAC address.  BHN will not support computers that have not been designated by Customer.

J11         To the extent that BHN provides technical assistance and support for Third Party Software or equipment, Customer must ensure that it complies with the terms and conditions under which it was licensed such Third Party Software or purchased such equipment. BHN makes no warranty that it is an authorized service provider for Third Party Software or for any equipment; it is Customer’s sole responsibility to determine if it requires additional rights for BHN to provide such support and if so, to acquire such rights. Customer acknowledges that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the author or supplier of such Third Party Software or equipment.

J12         BHN may provide Customer, via download or other delivery method, the use of certain Software, including but not limited to client and/or network security software, for use in connection with OnSite Services.  BHN reserves the right to update or change such Software from time to time, and Customer shall cooperate in performing such steps as may be necessary to install any updates or changes to such Software.  Customer’s license to use such Software shall remain in full force and effect until the earlier of (a) termination of such license by BHN or its third party licensors, providers or suppliers, or (b) termination of the applicable Services for Customer. Upon termination of the applicable license or Services for Customer for any reason, Customer shall cease all use of such Software and immediately delete such Software from Customer’s hardware.