Spectrum Business TV Service Terms ("TV Service")

Spectrum Business TV Service: Spectrum Business TV Service includes television programming services, including the package of channels and music programming purchased by Customer. Customer must notify Spectrum Business if Customer's use of the Service will be for private or public viewing. If purchased, Spectrum Business will provide to private-view Customers premium programming such as HBO, Showtime, TMC, Cinemax, STARZ, Encore, or MGM+, and Consumer Equipment such as DVRs (collectively, "Premium Services").

Unless specifically set forth herein, capitalized terms shall have the meaning set forth in the Spectrum Business Services Agreement.

1. Music Programming. Customer is responsible for and must secure any music rights and/or pay applicable fees required by the American Society of Composers, Authors & Publishers (ASCAP), Broadcast Music, Inc. (BMI) and SESAC, Inc. (SESAC) or their respective successors, and any other entity, person or governmental authority from which a license is necessary or appropriate relating to Customer's transmission, retransmission, communication, distribution, performance or other use of the Services. Customer shall not, and shall not authorize or permit any other person to, do any of the following unless Customer has obtained a then-current music license permitting such activity: (i) charge a cover charge or admission fee to any Service Location(s) at the time the TV Services are being displayed or are to be displayed; or (ii) permit dancing, skating or other similar forms of entertainment or physical activity in conjunction with the performance of the TV Services.

2. Equipment. Spectrum Business owns and shall at all times have the exclusive right to access, control, maintain, upgrade, use and operate its TV Service, Network, and Spectrum Business Equipment, 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 Network or Equipment is located that are owned by Customer or a third party, in which case (as between Customer and Spectrum Business) Customer shall own such items and Customer hereby grants to Spectrum Business the non-exclusive right to access and use such space during the Order Term as provided in the Agreement. The inside wiring and Connections shall be provided and installed by Customer, at its sole expense, in consultation with Spectrum Business and any specifications provided by Spectrum Business to Customer in writing. Spectrum Business shall not be responsible for an outage that may be due to a fault or failure with respect to any inside wiring, Connections or any systems, equipment or facilities of Customer or any third party, including but not limited to, instances where such outage is due to the Customer's failure to promptly provide Spectrum Business with access to the Service Location to inspect, monitor, repair, and/or replace the TV Service or Spectrum Business Equipment. If changes in technology require the use of specialized equipment to continue to receive Spectrum Business TV Services, Spectrum Business shall provide such Equipment, and Customer shall pay for such Equipment at the same rate charged by Spectrum Business to commercial customers in the same service area as the Service Location.

3. Provision of Service. Spectrum Business may, in its discretion, preempt, rearrange, delete, add, discontinue, modify or otherwise change any or all of the advertised programming comprising, packaging of, channel line-ups applicable to, and/or distribution of its TV Services. Spectrum Business may make certain Services available via mobile applications or third party hardware to Customer and its End Users, which may be subject to additional terms and conditions.

4. Restrictions. Customer shall take all necessary precautions to ensure that the TV Service is received only by authorized parties, and that no part of the TV 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. Customer shall not and shall not authorize or permit any other person to (i) copy, record, dub, duplicate, alter, make or manufacture any recordings or other reproductions of the TV Services (or any part thereof); (ii) transmit the TV Services by any television or radio broadcast or by any other means or use the TV Services outside the Service Location; (iii) move the TV Service to another location after installation; or (iv) insert any commercial announcements into the TV Services or interrupt any performance of the TV Services for the making of any commercial announcements. Customer acknowledges that such duplication, reproduction or transmission may subject Customer to criminal penalties and/or civil liability and damages under applicable copyright and/or trademark laws. TV Service is available for use at commercial establishments and other non-residential buildings (such as a bar, restaurant, hospital, or commercial building). In commercial establishments with public viewing, only the TV Service lineup(s) that is approved for public viewing may be used. Customer may not order or request pay-per-view (PPV) programming for receipt, exhibition or taping in a commercial establishment; or exhibit nor assist in the exhibition of PPV programming in a commercial establishment unless explicitly authorized to do so by agreement with an authorized program provider and subject to Spectrum Business' prior written consent.

5. Service Inspection. Customer shall permit Spectrum Business reasonable access to the Service Locations to inspect the Service Location at periodic intervals as needed to ascertain, among other things, the number of television outlets receiving the TV Service or verify the estimated viewing occupancy. If any Spectrum Business inspection reveals that Customer's usage of the TV Service exceeds Customer's rights under these Service Terms or the Service quantities purchased and paid for by Customer and, without abrogating or otherwise affecting Spectrum Business' right to consider such activity a breach of the Services Agreement, Customer shall pay Spectrum Business an amount equal to one and a half times the MRCs 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 MRCs for such additional usage.

6. Noninterference. Customer shall not interfere with, alter or substitute any of the programs, information or content offered as part of the TV Service, which are transmitted over any of the channels provided hereunder without the prior written consent of Spectrum Business. Under no circumstances shall Customer have any right to encode, alter, reformat, delete or otherwise modify the TV Service, including without limitation delivery method and any programming contained within the TV Service, without the express written consent of Spectrum Business.

7. Charges. Notwithstanding anything to the contrary in these Service Terms, the MRCs for TV Service: (i) do not include applicable taxes, regulatory fees, franchise fees or public access fees; and (ii) are subject to change in accordance with commercial rate increases applied to commercial customers.