Spectrum Business High-Speed Internet Service Terms

Spectrum Business High-Speed Internet Service*: Internet access service implemented using a hybrid fiber/coax ("HFC") or a fiber access network. The Customer interface to the data network is via Ethernet connection. Spectrum Business Internet Service enables a variety of upstream and downstream rates. If Customer elects to receive Spectrum Business Internet Service, Spectrum Business shall provide connectivity from the Customer site(s) to the Customer's data network.

Certain Internet Services, or features of Internet Services, may not be available in all service areas and may change from time to time, in Spectrum Business's sole discretion. In addition, certain non-facilities-based services provided by third parties may be offered to Customer by Spectrum Business ("Third Party Services"). Third Party Services may be subject to additional terms and conditions. Except to the limited extent described in these Service Terms, Spectrum Business makes no warranties of any kind (express or implied) regarding third party services and hereby disclaims any and all warranties pertaining thereto (including implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose). Spectrum Business does not have title to and is not the manufacturer of any software or hardware components of any third party services nor is Spectrum Business the supplier of any components of such software or hardware. IN NO EVENT SHALL SPECTRUM BUSINESS BE LIABLE FOR ANY DAMAGES ARISING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY THIRD PARTY SERVICES. Unless specifically set forth herein, capitalized terms shall have the meaning set forth in the Spectrum Business Services Agreement. Customer's use of the Internet Service is subject to the following additional terms and conditions:

1. Minimum Equipment Requirements. Customer shall maintain certain minimum equipment and software to receive the Internet Service (see www.business.spectrum.com for the current specifications). The minimum configuration standards may change, and Spectrum Business will make reasonable efforts to support previously acceptable configurations; however, Spectrum Business is not obligated to continue to provide such support. Spectrum Business may supply Spectrum Business Equipment such as modems, gateways, routers, or wireless cards, for a fee, to operate the Internet Service. Spectrum Business reserves the right to provide service only to users with Spectrum Business-approved equipment. Customer acknowledges that such Spectrum Business Equipment may require updates and/or changes to the software resident in the Spectrum Business Equipment and that Customer may be required to perform such updates and/or changes. Customer hereby authorizes Spectrum Business to perform updates or changes, on-site or remotely from time to time as Spectrum Business deems necessary, in Spectrum Business's sole discretion. Customer will not connect any equipment, other than equipment authorized by Spectrum Business, to the Spectrum Business Network. When Spectrum Business installs the Internet Service, Customer will need a network interface card or adapter providing an Ethernet connection. Alternatively, Customer may connect to a networking device (commonly referred to as a router or gateway).

2. Software. At the time of installation of the Internet Service, Spectrum Business may provide Customer with common Spectrum Business or third-party software (e.g., a browser and plug-ins) to enable and enhance the Internet Service, subject to the license terms and restrictions in the Spectrum Business Services Agreement. Subscriber hereby represents and warrants to Spectrum Business that Subscriber owns the operating system software and associated use/license rights thereto for the computers that are connected to the Spectrum Business Network.

3. Internet Service Speeds. Spectrum Business shall use commercially reasonable efforts to achieve the Internet speed attributable to the bandwidth for the Internet Service selected by Customer, however, actual speed, also known as throughput rate, may vary. Many factors affect speed experienced by Customer as outlined in Spectrum's Network Management Practices.

4. Security. Customer shall take commercially reasonable security measures when using the Internet Service and assumes sole responsibility for use of the Internet Service and for access to and use of Customer Equipment used in connection with the Internet Service and Spectrum Business Network.

5. Electronic Addresses; Mailboxes. All non-vanity e-mail addresses, e-mail account names, and IP addresses ("Electronic Addresses") provided by Spectrum Business (and not through Customer's domain) are the property of Spectrum Business. Customer may not alter, modify, sell, lease, assign, encumber or otherwise tamper with the Electronic Addresses.

a. Mailboxes. Spectrum Business owns any and all mailboxes associated with the Internet Service and may reclaim such mailboxes at any time for any reason. Spectrum Business may also limit the number of new email addresses available per account and the number of email messages that may be sent within a 24-hour time period. Spectrum Business may lock inactive mailboxes and prohibit the mailbox from receiving new email messages. Customer acknowledges that upon termination of Internet Service, Spectrum Business will suspend all accounts associated with the Internet Service and delete the contents of all mailboxes, if any. Deleted content cannot be recovered. Email addresses are not permanently retired and become eligible to be reused at Spectrum Business's sole discretion.

b. Mail Storage. In no event will Spectrum Business be responsible for maintaining, and Spectrum Business will not guarantee storage of, email for any period of time. Spectrum Business also reserves the right to enforce email storage limits.

c. Cookies. Customer may access their Spectrum Business email account at www.spectrumbusiness.net or by using the Customer's software application (e.g., Outlook, Outlook Express, and Apple Mail). When accessing email at www.spectrumbusiness.net Customer must have its Internet browser configured to accept cookies. Spectrum Business will notify the End User if the browser is not configured to accept cookies.

6. Changes of Address. Spectrum Business may change addressing schemes, including e-mail and IP addresses provided by Spectrum Business.

7. Acceptable Use Policy. Customer shall comply with the terms of Spectrum Business's Acceptable Use Policy ("AUP") found at www.business.spectrum.com and that policy is incorporated by reference into this Service Agreement. Customer represents and warrants that Customer has read the AUP and shall be bound by its terms as they may be amended, revised, replaced, supplemented or otherwise changed from time-to-time by Spectrum Business with or without notice to Customer. Spectrum Business may suspend Service immediately for any violation of the Spectrum Business AUP.

8. Spectrum Business WiFi. Spectrum Business WiFi supported by a Spectrum Business-provided wireless router is a service available to certain Customers and provides wireless access to the Internet Service within the Service Location ("WiFi Network"), for which Customer may be charged a fee consistent with Spectrum Business's then-current practices. Customer must purchase Spectrum Business Internet Service in order to receive Spectrum Business WiFi. The Spectrum Business-provided WiFi router comes programmed with certain default settings and configurations for the WiFi Network. Customer may modify the default settings and configurations on the Spectrum Business-provided WiFi router although Spectrum Business recommends maintaining the default configuration and settings. Spectrum Business does not guarantee the security of the Spectrum Business-provided WiFi router and Customer's connection to the Internet Service via the WiFi Network. Customer understands and agrees that Customer is solely responsible for the security of its WiFi Network and must enable and use encryption in order to access Spectrum Business-provided applications. Customer understands that this service is intended to be used by the Customer and its End Users and that Spectrum Business accepts no liabilities for any third-party usage.

The Spectrum Business-provided WiFi router will collect and maintain certain information regarding access to and use of the WiFi Network, which information shall include but not be limited to device identifiers, device name, device type, applications and protocols, connections, and traffic flows. Such information will be used by Spectrum Business to provide the Internet Service and support, as well as for Spectrum Business' internal business analytics regarding the use of the Internet Service. Customer acknowledges and agrees that Spectrum Business shall have access to the network name and password associated with the Spectrum Business-provided WiFi router in order to provide support and diagnostic services. Spectrum Business reserves the right to modify the WiFi network name and password for the Spectrum Business-provided WiFi router in order to safeguard Internet security, the security and privacy of Customer's information, where required by law, or for other good cause to provide, upgrade, and maintain the Internet Service, and protect the network, other users of the Internet, or our customers and subscribers. Abusive, vulgar, offensive, inappropriate or profane WiFi Network names are prohibited and may be modified in Spectrum Business' sole discretion. Customer acknowledges that the Spectrum Business-provided WiFi router is Spectrum Business Equipment.

9. Spectrum Business WiFi Hotspot. Spectrum Business reserves the right to preconfigure the Spectrum Business-provided WiFi router to distribute a wireless Internet access point (i.e., a Spectrum Business WiFi Hotspot) separate from the WiFi Network. Any use of bandwidth from such wireless access point by third parties will not be considered to be use by the Customer for any purpose. Customer shall have the right to disable such WiFi Hotspot, and shall not be responsible for the security of the WiFi Hotspot.

a. To be eligible to receive the WiFi Hotspot, Customer must be receiving Spectrum Business Internet Service. Subject to the foregoing, Spectrum Business will, and Customer grants Spectrum Business permission to, attach, install, maintain, operate, and upgrade WiFi-related equipment, cables and devices ("WiFi Equipment") on and within the Service Location. The WiFi Equipment will be operated by Spectrum Business, at no cost to Customer, in order to provide the WiFi Hotspot at the Service Location(s). Customer agrees to provide a standard power source for operation of the WiFi Equipment.

b. Customer's use of the Spectrum Business WiFi Hotspot is subject to the following additional terms and conditions:

i. The WiFi Hotspot made available at Service Location(s) may be accessed by Customer and its End Users through their Spectrum Business accounts for no additional charge.
ii. To access the WiFi Hotspot, Customer and its End Users and patrons must have a WiFi-enabled device that meets the technical specifications for the WiFi Hotspot.
iii. Customer grants Spectrum Business the right to advertise, market and otherwise promote Customer's location(s) as a WiFi Hotspot access point(s), in any and all forms of media now known or hereafter developed, in Spectrum Business' sole discretion, and Customer grants Spectrum Business a license to use Customer's names, trademarks and logos in connection with such advertising, marketing and promotion.
iv. Customer will not be entitled to receive any refunds or credits should the WiFi Hotspot be interrupted or fail, regardless of the length of time during which the WiFi Hotspot is unavailable.
v. All WiFi Equipment constitutes Spectrum Business Equipment. Customer may not relocate or disconnect the WiFi Equipment.

10. Hosting. Spectrum Business will provide to Customer Hosting Service in accordance with the specifications associated with the plan Customer has selected.

a. Hosting Software. The Hosting Service will permit access to a variety of resources available from selected third parties, including developer tools, communication forums and product information (collectively, "Hosting Software"). The Hosting Software, including any updates, enhancements, new features, and/or the addition of any new Web properties, may be subject to and Customer shall comply with applicable product use rights/end user license agreements between such third parties and Customer. Notwithstanding anything to the contrary in the Terms of Service, Spectrum Business (not the manufacturer) shall provide technical support for Hosting Service, except that version changes of any such software compatibility or suitability with any other Customer provided software shall be Customer's responsibility. Customer hereby consents to the disclosure to the provider of third party software, of Customer's name and any other necessary information for the limited purpose of licensing rights.

b. Content Liability and Use Restrictions. Spectrum Business exercises no control over the content of the information passing through Customer's site(s) and it is Customer's sole responsibility to ensure that Customer and Customer's users use of the Hosting Service complies at all times with all applicable laws and regulations and the AUP. Spectrum Business shall have the right to disclose any and all available information collected from Customer to law enforcement authorities upon written request by such authorities. Information that may be disclosed includes IP addresses, account history, and files stored on servers used to provide the Hosting Service. If Customer engages in any of the following prohibited activities or if Customer's use of the Hosting Service is causing an adverse impact on the Spectrum Business Network, Spectrum Business shall have the right to suspend or terminate the Hosting Services:

i. Customer shall not use Hosting Service for or in connection with any high risk use or activity such as aircraft or other modes of human mass transportation, nuclear, or chemical facilities, or Class III medical devices under the Federal Food, Drug, and Cosmetic Act.
ii. Copying or reproduction of the Hosting Software to any other server or location for further reproduction or redistribution is expressly prohibited, unless approved in writing by Spectrum Business.
iii. Hosting of unlicensed software.
iv. Use of software or files that contain computer viruses or files that may harm user's computers.
v. Any attempt or actual unauthorized access by Customer or through Customer Equipment to any Spectrum Business website or the website of any Spectrum Business customer.
vi. The collection or any attempt to collect personally identifiable information of any person or entity without his, her or its express written consent. Customer shall maintain records of any such written consent throughout the term of this Agreement and for three years thereafter.
vii. Any action or inaction which is harmful or potentially harmful to the Spectrum Business server structure.
viii. Running a banner exchange, free adult thumbnail gallery post and/or free adult image galleries on your website.
ix. Inclusion of sites with material, links, or resources for hacking, phreaking, viruses, or any type of site that promotes or participates in willful harm to Internet sites, users or providers.

c. Domain Names. Customer shall be solely responsible for registering for or renewing a desired domain name. Spectrum Business does not guarantee that Customer will be able to register or renew a desired domain name.

d. Specification Limitations. Individual websites may not at any time exceed the Hosting specifications for the Internet Service. If Customer's Hosting account exceeds the applicable specifications or is adversely impacting Spectrum Business' network or server(s), Spectrum Business may (i) contact Customer to resolve the issues; or (ii) suspend or terminate the Hosting Service if Customer has exceeded the then-applicable specifications in any given month.

e. Limitation of Spectrum-provided Services. Certain services are not provided by Spectrum Business as part of the Hosting Service (e.g., Spectrum Business does not provide nor offer webpage creation, development, design or content services).

f. Impositions on Customer's End Users. Customer is responsible for charging and collecting from its End Users any and all applicable taxes relating to use of the Customer site hosted by Spectrum Business. If Customer fails to impose and/or collect any tax from its End Users then, as between Spectrum Business and Customer, Customer shall be liable for such uncollected tax and any interest and penalty assessed thereon with respect to the uncollected tax. Customer shall indemnify and hold the Spectrum Business Indemnified Parties harmless for any costs incurred or taxes or fees paid due to actions taken by the applicable taxing authority to collect any such tax from Spectrum Business due to Customer's failure to comply with this Section.

11. Desktop Security Service. Desktop Security Service is made up of software and hardware components. Spectrum Business is not the manufacturer or supplier of any software or hardware components of the Desktop Security Service. Spectrum Business shall update the Desktop Security Service from time-to-time based on manufacturer-provided updates.