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Commercial Service Aareement
<br />TERMS OF SERVICE APPLICABLE TO ANY AND ALL SERVICE(S):
<br />Customer, idenUfied in the Service Order (defined in paragraph 1 below), understands and agrees that this Commercial Service Agreement, together with the
<br />Annex,(collectively, the "AgreemenY~ applies to each and every communication service provided to Customer by Suddenlink Communications ("Suddenlink'l
<br />("Service(s)'% which may include, without limitation, cable television service ("Video Service'% high speed data service ("High Speed Internet Service'), voice service
<br />("Phone Service'l and Suddenlink equipment ("EquipmenY'). This Commercial Service Agreement, along with the Annex, each as may be updated from time to time,
<br />can be found on our website at www.Suddenlink.com
<br />1. Aareement. This Agreement shall be effective upon execution by the
<br />parties, and Services shall be provided for the term set forth Commercial
<br />Service Order. Customer agrees to be bound to this Agreement by: (i)
<br />executing a copy of the Commercial Service Order presented to Customer at
<br />the time of installation ("Service Order'l, (ii) ordering a Service, or (iii) using
<br />one or more Services at Customer's location. Suddenlink may, in its sole
<br />discretion, change, modify, add or remove portions of this Agreement at any
<br />time by giving Customer notice in accordance with Sedion of this Agreement.
<br />Customer's continued use of the Services following such notice shail be
<br />deemed as Customer's acceptance to any revision in this Agreement. If
<br />Customer dces not agree to the revised Agreement, Customer must
<br />immediately notify Suddenlink of Customer's intent to terminate Service and
<br />return all Equipment. Service and Installation.
<br />2. Services and Use. Suddenlink shall use reasonable efforts to make the
<br />Services available by any requested service date. Suddenlink shall not be
<br />liable for any damages whatsoever resulting from delays in meeting any
<br />service dates due to delays resulting from construdion or for reasons beyond
<br />its control. The parties acknowledge and agree that, except for Web hosting,
<br />if applicable, and as otherwise set forth ion the Commercial Services Order,
<br />Customer may only use the Services for its own commercial purposes and not
<br />that of any third party. Customer shall not resell the Services. Customer shall
<br />be responsible for any software and content displayed and distributed by
<br />Customer or Customer's web hosting customers, if any. Unless otherwise
<br />expressly set forth in the Commercial Service Order, Customer acknowledges
<br />that pay per view events and premium video and audio services may not be
<br />available, and, ff provided, may be subject to additional charges beyond the
<br />base rate. Suddenlink shall provide Customer with the Services and
<br />Equipment identifled on Customer's Commercial Service Order; provided,
<br />however, if Suddenlink determines that Customer's location is not serviceable
<br />under Suddenlink's normal installation guidelines, Suddenlink may terminate
<br />this Agreement. Unless provided otherwise herein, Suddenlink shall use
<br />reasonable efforts to maintain the Services in accordance with applicable
<br />performance standards, however, Suddenlink shall have no responsibiliry for
<br />the maintenance or repair of networks, facilities and equipment not furnished
<br />by Suddenlink.
<br />3. Pavment. Customer shall pay all monthly service charges, plus non-
<br />recurring, one-time set-up, installation and/or construdion charges as set
<br />forth on the Commercial Service Order. Unless stated otherwise on the
<br />Commercial Service Order, Monthly Recurring Charges/Access Charges
<br />("MRCs'l for services provided hereunder ("Services') shall begin upon, and
<br />Non Recurring Charge/One-time Activation and Set-up Fees ("NRCs'l if any
<br />shall be due upon, the commencement of Services. Any amount not received
<br />by the due date will be subject to additional fees as set forth below. If
<br />applicable to the Service, Customer shall pay sales, use, gross receipts,
<br />excise, access, universal service fund assessments, 911 fees, franchise fees,
<br />bypass or other local, state and Federal taxes or charges imposed on the use
<br />of the Services. Taxes will be separetely stated on the Customer's invoice.
<br />Unpaid balances shall be subject to interest or late charges at the maximum
<br />rate allowed by law. Failure to pay the total balance when due may be
<br />grounds for Suddenlink to impose an administrative fee ("Administrative
<br />Fee') in accordance with applicable law. Any Administrative Fee imposed on
<br />Customer is intended to be a reasonable advance estimate of costs of
<br />managing past due accounts. Suddenlink does not extend credit to
<br />Suddenlink's Customers and the Administrative Fee is not interest, a credit
<br />service charge or a finance charge. Failure to receive a bill does not release
<br />Customer from Customer's obligation to pay. Failure to pay the total balance
<br />when due shall constitute a breach of this Agreement and may be grounds
<br />for termination of Service, removal of Equipment from Customer's premises
<br />and/or imposition of an administretive fee ("Administretive Fee'~ in
<br />accordance with applicable law.
<br />4. Additional Fees. In addition to MRCs, NRCs, late charges, interest,
<br />and any Administretive Fee, additional fees may be imposed, including fees
<br />for returned checks, charge card chargeback, eariy termination, reconnection
<br />and service calls. Additional charges, including attorney fees, may also be
<br />imposed if collection activities are required to recover past due balances.
<br />5. Term, Earlv Termination. The term of the Service Order shall
<br />commence on the date that any Service commences and shall terminate upon
<br />then current Renewal Tertn. Effective at any time after the end of the iniGal
<br />Service Term and from time to dme therein, Suddenlink may, modify the charges
<br />for Phone, High Speed Internet and/or Video Services to reflect thentuRent
<br />prevailing pricing subject to thirty (30) days prior notlce. Customer will have
<br />thirty (30) days from receipt of such notlce to cancel the applicable Service
<br />without further Ilability. Should Customer fail to cancel within fhis timeframe,
<br />Customer will be deemed to have accepted the modified Service pricing for the
<br />remainder of the Renewal Tertn. If Customer cancels, terminates or downgrades
<br />the Service before the completion of the term shown on the Commercial Service
<br />Order (the "Term'D, or prior to the term of any promodonal ofFer, Customer
<br />agrees to pay Suddenlink all sums, which shall become due and owing as of the
<br />effective date of the cancellation or tertnination, Including: (i) all non-recurring
<br />charges reasonably expended by Suddenlink to establish service to Customer and
<br />not remunerated, (ii) any disconnection, early cancellatlon or tertninatlon charges
<br />reasonably incurred and paid by Suddenlink to third parties on behalf of
<br />Customer, and (iii) all recurring charges for the remaining balance of the Term or
<br />term of the promotional offer.
<br />6. Disouted Chames. Customer must notify Suddenlink in writing of
<br />billing errors disputes or requests for credit within thirty (30) days after
<br />Customer receives the bill for which correction of an error or credit is sought.
<br />The date of the dispute shall be the date Suddenlink receives sufficient
<br />documentation to enable Suddenlink to investigate the dispute. The date of
<br />the resolution is the date Suddenlink completes Its investigation and notifles
<br />the Customer of the disposition of the dispute.
<br />7. Default. If Customer fails to comply with any material provision of this
<br />Agreement, including, but not limited to failure to make payment as
<br />specified, then Suddenlink, at its sole option, may elect to pursue one or
<br />more of the following courses of action upon proper notice to Customer as
<br />required by applicable law: (i) terminate service whereupon all sums then
<br />due and payable shall become immediately due and payable, (ii) suspend all
<br />or any part of Services, and/or (iii) pursue any other remedies, including
<br />reasonable attorneys' fees, as may be provided at law or in equity, including
<br />the applicable termination Iiabilities.
<br />8. LIMITATION OF LIABILITY. EXCEPT FOR ANY REFUNDS OR
<br />CREDifS AS IXPRESSLY PROVIDED IN THIS AGREEMENT, SUDDENLINK, ITS
<br />OFFICERS, SHAREHOLDERS, DIRECfORS, EMPLOYEES, AFFILIATES,
<br />VENDORS, CARRIER PARTNERS, CONTENT PROVIDERS AND OTHER
<br />PERSONS OR ENTITIES INVOLVED IN PROVIDING THE SERVICES OR
<br />EQUIPMENT (COLLECTIVELY, THE "SUDDENLINK PARTIES'l SHALL NOT BE
<br />LIABLE FOR FOR ANY LOSS, DAMAGE, COST OR IXPENSE INCLUDING DIRECT,
<br />SPECIAL, INDIRECT, INCIDENTAL, TREBLE, PUNITIVE, EXEMPLARY OR
<br />CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO,
<br />LOSS OF PROFIfS, EARNINGS, BUSINESS OPPORTUNITIES, LOSS OF DATA,
<br />PERSONAL IWURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES
<br />AND DCPENSES, SOUGHT BY CUSfOMER OR ANYONE ELSE USING CUSTOMER'S
<br />SERVICE ACCOUNT, AND/OR USE OF THE EQUIPMENT OR OTNERWISE
<br />ARISING IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE,
<br />REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S
<br />RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WIfHOUT
<br />LIMITATION ANY LIABILITY THAT ARISES DIRECTLY OR INDIRECTLY OUT OF
<br />THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY
<br />TO ACCESS EMERGENCY 911 OR E911 SERVICES), MISZ'AKES, OMISSIONS,
<br />INTERRUPTIONS, FAILURE OR MALFUNCfION, DELETION OR CORRUPTION OF
<br />FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS
<br />IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF
<br />OPERATION, FAILURE TO DCERQSE REASONABIF SUPERVISION, DELAYS IN
<br />TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF
<br />THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR
<br />INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY
<br />ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES
<br />9. AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT,
<br />PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRNACY, OR
<br />OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY
<br />THIRD PARTY. SUDDENLINK'S MAXIMUM LIABILITY TO CUSTOMER ARISING
<br />UNDER THIS AGREEMENT SHALL BE THE LESSER OF $5,000.00 OR THE
<br />AMOUNT ACTUALLY PAID BY CUSTOMER FOR SERVICES HEREUNDER FOR
<br />THE RESPECTIVE REGUTAR BILLING PERIOD.
<br />the expiratlon or earlier termination of the Agreement Term set forth on the
<br />Service Order. If a Service Order does not specify a term of service, the 10. WARRANTIES. CUSTOMER AGREES THAT THE SERVICES AND
<br />Agreement Term shall be one (1) year from the date that any Service EQUIPMENT ARE PROVIDED BY SUDDENLINK ON AN "AS IS" AND "AS
<br />commences. Upon the expiration of the Term, each Service Order(s) shall AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXCEPT AS
<br />automatically renew for successive periods of one (1) year each ("Renewal VIDED HEREIN, THERE ARE NO AGREEMENTS, WARRANTIES OR
<br />Term(s)'), unless prior notice of non-renewal is delivered by either party to t~ ~~j ESENTATIONS, IXPRESS OR IMPLIED, EITHER IN FACT OR BY
<br />other at least thirty (30) days before the expiration of the Service Term orThe F RATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING
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