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VOW,/ Business
<br />WOW! network for delivering services to a Customer location. Unless otherwise specifically agreed to by WOW! in writing, locations served by these "off -net"
<br />facilities are not eligible for service level guarantees (SLAB) or credits in the event of a disruption or interruption of services attributable to the off -net facilities.
<br />WOW!'s ability to provide off -net services is determined by WOW! in its sole discretion.
<br />7. CPNI Approval. Customer has a right, and we have a duty, under federal law, to protect the confidentiality of customer proprietary network information (CPNI).
<br />CPNI includes information such as the quantity, technical configuration, type, destination, location and amount of use of a telecommunications service. We desire
<br />to use your CPNI (or disclose or permit access to our agents and affiliates that provide communications related services) to market communications related
<br />services (such as Internet and cable services) to you. IF YOU APPROVE, YOU DO NOT HAVE TO TAKE ANY ACTION. HOWEVER, YOU DO HAVE THE RIGHT
<br />TO RESTRICT OUR USE OF YOUR CPNI. You may deny or withdraw our right to use your CPNI at any time by calling us at 1-888-969-4249. If we do not hear
<br />from you within 30 days of this notification, we will assume that you approve our use of CPNI for the purpose of providing you with information about other
<br />communications -related services. Denial of approval will not affect the provision of any services to which you subscribe. Approval or denial of approval for use of
<br />CPNI outside of the service to which you subscribe is valid until you affirmatively revoke or limit your approval or denial.
<br />S. Porting of Telephone Numbers. Until your telephone number is ported to us, your existing local exchange carrier will be responsible for providing access to
<br />emergency services such as 911. You agree that, during this porting process, we assume no responsibility and have no liability for the accuracy of the local
<br />exchange carrier records or its ability to provide access to 911 services.
<br />9. Telephone Authorization and New Telephone Numbers. To complete a phone order, you must execute a Letter of Agency ("LOA") and submit it to WOW!, or
<br />otherwise complete a third party verification process. New Telephone numbers are subject to change prior to the install.
<br />10. Directory listings. Our liability for any errors or omissions in any directory listings (including liability for failing to publish a listing or publishing an "unlisted"
<br />listing) is limited to the amounts paid by you to WOW! for the listing service.
<br />11. Term and Termination; Early Termination Fee. The term of this Agreement begins an the Commencement Date and continues for the term specified in the
<br />Service Order and is subject to automatic renewal in accordance with the General Terms. The then current General Terms, Service Policies and pricing will apply
<br />during any renewal Term. Rates for the Services and associated discounts are based on Customer's agreement to purchase such Services for the entire applicable
<br />Term. The Agreement may be terminated in accordance with the General Terms. Notwithstanding anything in the Agreement to the contrary, Customer's
<br />termination of the Agreement or Customer's reduction of Services ("downgrade") before the expiration of the agreed upon Term without cause (including a
<br />termination for convenience) or WOW!'s early termination of the Agreement for cause, will require that Customer pay to WOW! an early termination fee (ETF)
<br />calculated as follows: (a) all unpaid amounts for Services provided through the date of termination; plus (b) all related reasonable expenses of WOW! including, but
<br />not necessarily limited to, construction and installation costs, discounts, credits or competitive contract buyout charges and/or all previously waived non-recurring
<br />charges for the Services; plus (c) 75% of the monthly recurring charges at the rates stated in an applicable Service Order form or, in the case of a downgrade, the
<br />difference between the monthly recurring charges (MRC) at the rates stated in the original Service Order form and the MRC at the rates for the downgraded
<br />service, for all months remaining in the applicable Service Order Term. Customer agrees that WOW!'s damages for early termination would be difficult to determine
<br />and the termination charges specified herein constitute liquidated damages and are not a penalty. Month-to-month service agreements may be terminated on thirty
<br />(30) days prior written notice. If Customer provides notice of termination as specified in this Section but retains WOW! Service, the Customer will be converted
<br />automatically to a month to month agreement at the end of the current term, and Customer's pricing for the Service will be modified to reflect WOW!'s current
<br />month to month pricing schedule. To terminate this Agreement in accordance with this Section, Customer must notify WOW! Customer Care by written notice to
<br />WOW! at WOW! Internet, Cable 8 Phone, Attn: VP of Business Operations, 7887 E Belleview Ave, Suite 1000, Englewood, CO 80111-6015. The rights and
<br />remedies set forth herein shall be in addition to any and all other legal, equitable and administrative rights and remedies available to WOW!.
<br />12. Access to Premises and Installation of System. Customer grants WOW! the rights to install, inspect, replace, repair, relocate, alter, operate, remove and
<br />maintain its equipment (the "system") in, under and upon the premises at the designated service location(s). Customer, at no cost to WOW!, shall secure and
<br />maintain all necessary rights of access to the service location(s) for WOW! to install, operate and remove its equipment and provide the Services. WOW! in its
<br />discretion may use any, existing cable, conduit or other facilities located within the premises. Customer shall pay any agreed upon custom installation fee. If
<br />WOW!'s access rights to the service location are terminated or restricted, early termination fees will apply.
<br />13. Limitation of Liability, Warranty Disclaimers, Pricing, Indemnification and Arbitration. You acknowledge that the applicable General Terms and Service
<br />Policies contain, among other terms and conditions, limitation of liability, warranty disclaimer, pricing, indemnification and arbitration provisions.
<br />14. Commercial Use Restrictions on Video. Customer shall not, and shall not authorize or permit any other person to: order or request pay-per-view, VOD or
<br />premium programming for receipt, exhibition or taping in a commercial establishment, nor may Customer exhibit or assist in exhibiting pay-per-view, VOD or
<br />premium programming in a commercial establishment, unless expressly authorized in writing to do so, in advance, by both WOW! and our program provider.
<br />Customer shall indemnify and hold WOW! harmless against and from any violation of this provision.
<br />15. Miscellaneous. All modifications to this Agreement, if any, must be in writing, executed by an authorized WOW! Director or Vice President and the Customer.
<br />All other attempts to modify this Agreement shall be void and non-binding on WOW!. This Agreement shall be governed by and construed in accordance with
<br />federal law, the regulations of the FCC and the internal laws of the state and locality in which the service is provided, without regard to any conflicts of law
<br />provisions. Customer may not assign or otherwise transfer this Agreement in any manner without WOW!'s prior written consent. The parties acknowledge that
<br />WOW! is subject to the provisions of its local and/or state franchise agreements, and applicable federal, state and local laws and regulations ("Applicable Law").
<br />Any duty or promise of WOW! under this Agreement that conflicts with any provision of Applicable Law is to that extent void. Notwithstanding, the terms of this
<br />Agreement are considered severable, and in the event that any term is rendered unenforceable due to any such conflict or is otherwise found to be invalid or
<br />unenforceable, the parties shall replace the invalid or unenforceable portion with another provision that, as nearly as possible, reflects the original intention of the
<br />parties, and the remainder of this Agreement shall remain in full force and effect.
<br />16. Satisfaction Guarantee for High Speed Internet and Hosted VolP Services. Notwithstanding the forgoing, if you are not satisfied with WOW!'s (i) High
<br />Speed Internet Service and/or High Speed Internet Service bundled with Business phone and/or video, or (ii) Hosted VoIP Service, for any reason, you may
<br />terminate this Agreement and/or disconnect or downgrade your High Speed Internet or Hosted VoIP Services for any reason without incurring the MRC portion of
<br />the ETF during the first sixty (60) days of the initial Term of this Agreement (the "Cancellation Period") without incurring the MRC portion of the ETF (as it relates to
<br />the disconnected or downgraded Service) by contacting WOW! in writing before the end of the Cancellation Period and notifying WOW! of your decision to
<br />terminate this Agreement or disconnect or /downgrade your High Speed Internet or Hosted VoIP services. You will be responsible for: (i) paying for the WOW!
<br />Services you received and all other charges and fees that you incurred prior to exercising your rights under this subsection through the date the WOW! Services
<br />are disconnected or downgraded; and (ii) construction and installation costs, discounts, credits or competitive contract buyout charges and/or all previously waived
<br />non-recurring charges for the Services.
<br />IN WITNESS WHEREOF, the Parties hereto have executed and delivered this Agreement to be effective on the latest date that either party signed this Agreement, as shown below.
<br />WOW! INTERNET, CABLE AND PHONE CUSTOMER
<br />Signature:
<br />Sales Rep: Susan Kyle - 440-973-4510 2,106/2020 3 / 5
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