1115-Bright House-Internet Acce0(3\1) V 1
bright
house
NETWORKS_
Bright House Networks
M"
Ilk
OR
Sanfor+&,e.&
Dedicated (Fiber) Internet Access Proposal
BHN PROPRIETARY & CONFIDENTIAL
119795 ^,e
bright '
house
w[Twonws
June 2, 2006
John Stuart
300 North Park Avenue
Sanford, Fl. 32771
John Stuart
Thank you for the opportunity to bid on your Dedicated Internet access We appreciate you
considering Bright House Networks for such an important project. We believe that the
technology, pricing, and support you will receive from us will exceed your expectations. The
pricing included in the quotation portion of the proposal is confidential. We feel a tremendous
obligation to offer you a solution that is cutting edge now, and scalable to your needs in the
future.
When you are ready to proceed, simply print 2 copies of the "Dedicated Access Service
Agreement," sign (in blue ink) them both, and mail both originals back to:
Brighthouse Networks
Attention: David Velez
65 South Keller Road
Orlando, Fl. 32810
Once we have received the signed Service Agreement, we can begin the construction process.
The construction process takes approximately 60 -75 days and starts upon receipt of the signed
contract. Thanks again for the opportunity and we look forward to working with you!
Sincerely,
David A. Velez
Bright House Networks
65 South Keller Road
Orlando, Fl. 32810
DAVID.VELEZ -mybrighthouse.com
P: 407.215 -5884
F: 407.215 -5789
BHN PROPRIETARY & CONFIDENTIAL 1 /
119795 !!
bright ,
house 4
NETWORKS
Dedicated Access Service Agreement
Elki
This Dedicated Access Service Agreement (the " Agreement ") is entered into as of this
15th day of June, 2006 (the " Effective Date "), by and between The City of Sanford with
offices located at: 300 North Park Avenue Sanford, Fl. 32771 ( "Customer ") and the
Central Florida division of Bright House Networks, LLC, with offices located at 65
South Keller Road Orlando, Fl. 32810 ( "BHN "). In consideration of the mutual
promises and agreements made herein and intending to be legally bound, the parties
agree as follows:
1. SERVICE. Subject to the terms and conditions of this Agreement, BHN shall
provide City with a dedicated "Dedicated Access" service connection between City's
facility and BHN's (or a BHN affiliate's) facility as further described on Exhibit A
attached hereto (the " Service "). BHN shall diligently use commercially reasonable
efforts to provide the Service 7 days a week, 24 hours a day, excluding scheduled
maintenance, required repair and events beyond BHN's reasonable control. BHN's
provision of the Service is subject to availability which BHN represents to the City
exists.
2. INSTALLATION. City shall obtain and maintain throughout the Term (as defined
in Section 5 below) such consents (including without limitation landlord and land
owner consents) as are necessary to timely permit, and shall timely permit, BHN
personnel to install, deliver, operate and maintain the Service and Equipment as
contemplated herein at City's facilities. City shall permit BHN to access the City
facilities at any reasonable time as needed to install, configure, upgrade, maintain or
remove the Equipment and other service components collocated at City's facilities.
City shall make and maintain throughout the Term all site preparations reasonably
necessary to permit the installation, maintenance, and operation of the Service and
any Equipment (as defined below) as specified by BHN. Provided that City properly
performs all necessary site preparation and provides BHN with all required consents,
BHN shall use commercially reasonable efforts to install the Service in accordance
with a mutually agreed upon schedule. BHN shall provide City with a completion
notice ( " Completion Notice ") upon completion of the installation of the Service.
Interconnection of the Service and Equipment with City's equipment will be performed
by City
3. SUPPORT & MAINTENANCE. BHN shall use commercially reasonable efforts to
maintain the BHN provided and installed cabling, routers and other BHN- installed-
equipment, if any, (collectively, the " Equipment ") used by BHN to provide the Service.
Performance levels are outlined in Appendix 1: Bright House Network Operations SLA.
BHN shall provide a telephone number and email address for inquiries and remote
problem support for the Service. All such City support shall be provided to City's help
BHN PROPRIETARY & CONFIDENTIAL
119795 ! V /�
-!i'nV/
bright Jfr i
house
NETWORKS
desk personnel only. City is responsible for interfacing with its employees and end
users. In no event shall BHN be responsible for providing such support for any
network, equipment or software not provided and installed by BHN under this
Agreement or for issues or problems beyond its direct control. City agrees to provide
routine operational Service support for Equipment and service components collocated
at City's facility, including without limitation by performing reboots, as requested by
BHN.
4. OBLIGATIONS. City's use of the Service and BHN's provision of the Service
(including all content transmitted via the Service) shall comply with all applicable laws
and regulations, the terms of this Agreement, and any Terms of Use (which are
incorporated herein by this reference). " Terms of Use means all Service policies,
including without limitation acceptable use policies, and other terms and conditions
established by BHN and available on the BHN web site,
[ http:// cfl. mybrighthouse .com /useragreement.aspl as may be modified from time to
time by BHN. City agrees not to resell or make any use of the Service other than for
City's internal business purposes. City agrees to use the Service solely for data
services. City shall maintain the Equipment free and clear of all liens and
encumbrances and shall be responsible for loss or damage to the Equipment while at
City's facilities. As between the parties, City is solely responsible for (a) all use
(whether or not authorized) of the Service, which use shall be deemed City's use for
purposes of this Agreement; and (b) all content that is stored or transmitted via the
Service. City shall not upload, post, transmit or otherwise make available on or via
the 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 or regulation.
BHN may remove, or demand the removal of, content that in its judgment violates
these standards. City agrees to conform its equipment and software to BHN's then -
current network specifications and system requirements for the Service.
5. TERM. The Agreement shall be in effect for the Initial Term of Service only.
6. PAYMENT. City agrees to pay BHN the one -time Service installation fee and
monthly recurring Service fees (collectively the " Service Charges ") set forth on Exhibit
A in accordance with the following payment terms: Service Charges will be billed to
City monthly in accordance with BHN's regular billing schedule and are payable within
thirty (30) days after the date of invoice. City shall be responsible for all use, sales and
other taxes and governmental charges applicable to the Service (which taxes and
charges are not included in the Service Charges), except for taxes payable on BHN's
net income. BHN may charge a late fee for all overdue amounts. The late fee will be
the lesser of 1'/2% or the highest rate chargeable by law. City shall also be responsible
BHN PROPRIETARY & CONFIDENTIAL ^�/
C � 119795 "!/�jn'/
bright ' 4.
house
NETWORKS
w
for all costs of collection (including reasonable attorneys' fees) to collect overdue
amounts.
7. PROPRIETARY RIGHTS AND CONFIDENTIALITY. (a) BHN's Proprietary Rights
All materials, including, but not limited to, any Equipment (including related
firmware), software, data or information developed or provided by BHN, any identifiers
or passwords used to access the Service or otherwise provided by BHN, and any know -
how, methodologies or processes including, but not limited to, all copyrights,
trademarks, service marks, trade names, patents, trade secrets, any other proprietary
rights inherent therein and appurtenant thereto, used by BHN to provide the Service
(collectively ` BHN Materials ") shall remain the sole and exclusive property of BHN or
its suppliers. City shall acquire no interest in the BHN Materials by virtue of the
payments provided for herein. City may use the BHN Materials solely for City's use of
the Service. City may not reproduce, modify or distribute the BHN Materials, or use
them for the benefit of any third party. All rights in the BHN Materials not expressly
granted to City are reserved to BHN. City will not open, alter, misuse, tamper with or
remove the Equipment as and where installed by BHN, and will not remove any
markings or labels from the Equipment indicating BHN (or its suppliers) ownership or
serial numbers. (b) Confidentiality City agrees to maintain in confidence, and not to
disclose to third parties or use, except for such use as is expressly permitted herein,
the BHN Materials and any other information and materials provided by BHN in
connection with this Agreement that are identified or marked as confidential or are
otherwise reasonably understood to be confidential. (c) Software If software is
provided to City hereunder, BHN grants City a limited, non - exclusive and non-
transferable license to use such software, in object code form only, solely for the
purpose of using the Service for City's internal business purposes during the Term.
8. MONITORING AND MODIFICATIONS. BHN shall have the right, but not the
obligation, to reasonably monitor traffic and content on its network including through
the use of automatic content filters (including without limitation Spam, virus, and
adult language sniffers and filters). BHN shall have the right, but not the obligation,
to upgrade, modify and enhance the Equipment (including related firmware) and the
Service and take any action that BHN deems appropriate to protect the Service and its
facilities. BHN also shall have the right to add to, modify or delete any provision of the
Terms of Use or any Service descriptions. BHN will notify City of any material adverse
change in the Terms of Use or Service descriptions by posting notice of such change
on the BHN web site or by email. City's continued use of the Service after such notice
shall constitute City's acceptance of such change. BHN shall have the right to monitor
City's service level usage outlined in Exhibit A, which is a burstable service above the
subscribed level. Upon the event that the City's usage exceeds the contracted speed
for 20 hours per month for 2 months within the contracted period the City will have 2
options: (Option 1) BHN will limit City's speed to the subscribed speed level outlined in
Exhibit A or (Option 2) BHN will move the City to the next tiered speed level outlined in
Exhibit A to be reflected in the following billing cycles.
Z
BHN PROPRIETARY & CONFIDENTIAL
/ � 119795
bright
f (O
house
NETWORKS
9. TERMINATION. Either party may terminate this Agreement upon thirty (30) days
written notice of the other party's material breach, provided that such material breach
is not cured within such thirty (30) day period. This Agreement may be terminated by
either party upon written notice to the other party for cause in the event that:
The other party makes an assignment for the benefit of creditors;
(a) The other party becomes insolvent or commences voluntary proceedings under any
bankruptcy or insolvency law. Recurring fee is not paid and /or is 90 days past due.
(b) Involuntary proceedings are instituted against the other party under any bankruptcy or
insolvency law and such proceedings are not terminated within ninety days, or
(c) A receiver is appointed for such other party; and, the other party fails to perform any
material provision of this Agreement and does not cure such failure within a period of sixty
days after receipt of written notice specifying such failure and stating an intention to
terminate this Agreement if such failure is not cured.
(d) In the event BHN doesn't meet the SLA stated, City shall receive a full month's credit. In
addition, upon the determination of a chronic service failure, which equates to 3 consecutive
months of SLA failure, City will no longer be liable to the contract and able to terminate with
written notice.
In addition, in the event that City fails to comply with any applicable laws or
regulations, the terms of this Agreement, or the Terms of Use, BHN may suspend or
discontinue City's Service in whole or in part without advance notice. In the event of a
suspension, BHN may require a reconnect charge to restart the suspended Service.
Upon the termination or expiration of this Agreement: (a) BHN's obligations hereunder
shall cease; (b) City promptly shall pay all amounts due and owing to BHN for Service
delivered prior to the date of termination or expiration and any applicable
deinstallation fee, if any; (c) City promptly shall cease all use of any software provided
by BHN hereunder, and shall return such software to BHN; and (d) City shall return to
BHN or permit BHN to remove, in BHN's sole discretion, the Equipment in the same
condition as when received, ordinary wear and tear excepted. City shall be responsible
for reimbursing BHN for the repair or replacement, at BHN's discretion, of any
Equipment not returned in accordance with this section. In addition, notwithstanding
anything to the contrary herein, upon early termination of this Agreement by City, City
shall promptly pay BHN a termination fee equal to the Service Charges that would
have been due for the remainder of the Initial Term or the then - current renewal term,
as applicable, and any unpaid portion of the Installation Fee set forth on Exhibit A.
The foregoing shall be in addition to any other rights and remedies that BHN may have
under this Agreement or at law or equity relating to City's material breach.
10. EXPENSES. Except as otherwise described herein, each of the parties shall pay
its own costs and expenses associated with the transactions contemplated by this
Agreement.
BHN PROPRIETARY & CONFIDENTIAL
119795
r
bright ' �'`
house , NETWORKS
11. RELATIONSHIP OF PARTIES. Nothing in this Agreement shall be construed to
create a joint venture, partnership or agency relationship between the parties. Neither
party is authorized to represent, bind, obligate, or contract on behalf of the other
party, nor is this Agreement intended to create an exclusive relationship between the
parties.
12. INDEMNIFICATION. Each party agrees to defend, indemnify and hold harmless
the other party, its affiliates, its service providers and suppliers and their respective
officers, directors, employees and agents, from and against all claims, liabilities,
damages and expenses, including attorneys' and other professionals' fees, arising out
of or relating to (i) the use of the Service including, but not limited to, a breach of
Section 4 herein; or (ii) personal injury or property damage caused by the negligence or
willful misconduct of the party or its employees or agents.
13. DISCLAIMER OF WARRANTY. CITY ASSUMES TOTAL RESPONSIBILITY FOR
USE OF THE SERVICE AND THE INTERNET AND ACCESSES THE SAME AT ITS OWN
RISK. BHN EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY
WHATSOEVER FOR THE CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE
SERVICE OR THE INTERNET OR ACTIONS TAKEN ON THE INTERNET AND BHN
EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT OR ACTIONS.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SERVICE AND RELATED
EQUIPMENT AND /OR OTHER MATERIALS USED IN CONNECTION WITH THE
SERVICE, IF ANY, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE,
NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET
ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO
ADVICE OR INFORMATION GIVEN BY BHN, ITS AFFILIATES OR ITS CONTRACTORS
OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. BHN DOES
NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET CITY'S
REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES,
WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM
TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CITY
ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY
NOT BE SECURE. CITY FURTHER ACKNOWLEDGES AND AGREES THAT ANY
MATERIAL AND /OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT CITY'S OWN DISCRETION AND
RISK AND THAT CITY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CITY'S
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING,
DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND /OR DATA.
IN ADDITION, CITY ACKNOWLEDGES AND AGREES THAT BHN'S THIRD PARTY
SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CITY UNDER THIS
AGREEMENT, AND BHN DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH
SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON - INFRINGEMENT,
BHN PROPRIETARY & CONFIDENTIAL
119795 q
bright
house
NETWORKS "�.,,, �y
SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.
NOTWITHSTANDING THE FOREGOING, BHN UNDERSTANDS THAT THE CITY IS A
GOVERNMENTAL ENTITY THAT REQUIRES SERVICE IN EMERGENCY AND OTHER
CRITICAL SITUATIONS AND CIRCUMSTANCES.
14. LIMITATION OF LIABILITY. IN NO EVENT SHALL BHN BE LIABLE TO CITY OR
TO ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL,
SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS
AGREEMENT, REGARDLESS OF WHETHER BHN HAD BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
15. NOTIFICATIONS/ PUBLIC RECORDS. City's privacy interests, including City's
ability to limit disclosure of certain information to third parties, are addressed by,
among other laws, the Federal Cable Communications Act (the " Cable Act ") and the
Electronic Communications Privacy Act. Personally identifiable information that may
be collected, used or disclosed in accordance with applicable laws is described in the
Subscriber Privacy Notice provided by BHN in writing, which is incorporated herein by
reference. City acknowledges receipt of the Subscriber Privacy Notice
( http: / /cfl.mybrighthouse.com /privacy.asp). In addition to the foregoing, City hereby
acknowledges and agrees that BHN may disclose City's and its employees' personally
identifiable information as required by law or regulation or by the American Registry
for Internet Numbers ( " ARIN ") or any similar agency. In addition to actions and
disclosures specifically authorized by law or statute or authorized elsewhere in this
Agreement, BHN shall have the right (except where prohibited by law notwithstanding
City's consent), but not the obligation, to disclose any information to protect its rights,
property and /or operations, or where circumstances suggest that individual or public
safety is in peril. City hereby consents to such actions or disclosures. The City is an
entity of Florida government which is subject to the Public Records Laws of the State
of Florida.
16. FORCE MAJEURE. Neither party shall have any liability to the other party
hereunder due to circumstances beyond its control including, but not limited to, acts
of God, terrorism, flood, fiber cuts, acts or omissions of other carriers, natural
disaster, regulation or governmental acts, fire, civil disturbance, strike, weather, any
unauthorized access to or destruction or modification of the Service, in whole or in
part, any failure of heat, air conditioning, or power supply, or act or failure to act of
the other party or any third party using the Service.
17. REGULATORY AND LEGAL CHANGES; TARIFFS. In the event of any change in
applicable law, regulation, decision, rule or order, including without limitation any
increase in universal service fees or other government imposed charges, that increases
the costs or other terms of delivery of Service to City, City acknowledges and agrees
that BHN may pass through to City any such increased costs. Further, in the event
that BHN is required to file tariffs with the appropriate regulatory agency or otherwise
publish rates in accordance with regulatory agency rules or policies respecting the
delivery of the Service or any portion thereof, then the terms set forth in the applicable
BHN PROPRIETARY & CONFIDENTIAL
119795 4
bright
house
NETWORKS
tariff or published rates shall govern BHN's delivery of, and City's consumption or use
of, the Service. In addition, if BHN determines that offering or providing the Service, or
any part thereof, has become impracticable for legal or regulatory reasons or
circumstances, then BHN may terminate this Agreement as to any or all of the Service
without liability by giving City thirty (30) days prior written notice (or such shorter
notice as is required by law or regulation) of such determination.
18. ENTIRE AGREEMENT. This Agreemenincluding, without limitation, all exhibits
that are attached hereto and incorporated herein by this reference, sets forth the
entire agreement between the parties with respect to the subject matter hereof and
supersedes all previous written or oral agreements or representations between the
parties with respect hereto. In the event that BHN permits a City to use its own
standard purchase order form to order the Service, the parties hereby acknowledge
and agree that the terms and conditions hereof shall prevail notwithstanding any
variance with the terms and conditions of any purchase order submitted by City, and
any different or additional terms contained in such purchase order shall have no force
or effect.
19. MISCELLANEOUS. This Agreement shall be governed and construed in
accordance with the laws of the State of Florida excluding its conflicts of law
principles. In the event that any portion of this Agreement is held to be invalid or
unenforceable, the invalid or unenforceable portion shall be construed in accordance
with applicable law as nearly as possible to reflect the original intentions of the parties
set forth herein, and the remainder of this Agreement shall remain in full force and
effect. No waiver of any breach or default hereunder shall be deemed to be a waiver of
any preceding or subsequent breach or default. City may not assign this Agreement
without the prior written consent of BHN, and any assignment in violation of this
Section shall be null and void. BHN may assign its rights and obligations under this
Agreement,including, without limitation, in whole or in part, to any Bright House
Networks, LLC affiliated party without the prior written approval of or notice to City.
Neither party shall make any press release, public announcement or other public
statements regarding this Agreement without the other party's prior written consent.
All claims under this Agreement must be initiated not later than two years after the
claim arose. There are no third party beneficiaries to this Agreement. City
understands and agrees that, regardless of any such assignment, the rights and
obligations of BHN herein may accrue to, or be fulfilled by, any BHN affiliate. The
parties to this Agreement are independent contractors. Any notice under this
Agreement shall be given in writing and shall be deemed to have been given when
actually received by the other party. Notices shall be delivered to City and BHN at the
respective addresses set forth above, or to such other address as is provided by one
party to the other in writing. The provisions of Sections 6, 7, 9, 10, 11, 12 and 17
shall survive the termination or expiration of this Agreement. No modification of any
provision of this Agreement shall be valid unless set forth in a written instrument
signed by both parties. This Agreement may be executed in counterparts, each of
which shall be deemed an original and all of which together shall constitute one and
BHN PROPRIETARY & CONFIDENTIAL
119795 M
4i`
bright
house ; ��
NETWORKS _
the same instrument. Notwithstanding anything herein to the contrary, any party to
this Agreement (and each employee, representative, or other agent of such party) may
disclose to any and all persons, without limitation of any kind, the tax treatment and
tax structure of the transaction and all materials of any kind (including opinions and
other tax analyses) that are provided to the party relating to such tax treatment and
tax structure.
CITY:
BHN:
By. ` L.
Name: Linda Kuhn
Title: Mayor
Date: O l9 la L
Attest:
City Clerk
BHN PROPRIETARY & CONFIDENTIAL
119795
9,
N
T:1.1.
Date: li - /c/ -r
bright '
house
Appendix I: Bright House Network Operations SLA
Bright House Networks (BHN) "raises the bar" on superior network performance and high quality care for BHN business
customers in the Central Florida market. This Service Level Agreement (SLA) has been developed to respond to our
customers' service needs and requests in a competitive market. The parameters defined in this SLA document assist in setting
expectations for products and services that BHN offers. The Terms and Conditions defined in this SLA only apply to
customers who have a valid Service Contract for BHN network services.
The Bright House Networks SLA contains service offerings with a set of guarantees that customers can rely on. A secondary
goal of the SLA is to guarantee a timely installation and service turn-up for business customers. In order to achieve the
reliability and guarantees contained therein, a standard set of product service offerings for the customers must exist. Therefore,
the BHN SLA is only valid and applicable to the Service offerings outlined in the Contract
The SLA provides six general commitments to Network service:
• 99.99% percent availability
• Minimal latency
• High packet delivery levels
• Expedited installations
• Customer Service
• Pro - active monitoring and outage detection
This applies to BHN- operated Network equipment within the BHN backbone. BHN Network Engineering deploys and
maintains the wide -area network for Central Florida area for multiple services. In order to provide and maintain the service
levels defined in this document, BHN will proactively monitor the service connection, providing historical information.
Prompt notifications will be provided in the event of a service disruption.
SLA Parameters
The Bright House Networks SLA is comprised of three key quality guarantees:
Network Quality
Service Quality
Customer Care Quality
Network Quality
• Average monthly latency of no more than 65 ms (roundtrip) within BHN network
• Average packet delivery of 99% percent or greater within BHN Networks (over 30 Day consecutive period).
• Proactive Network Monitoring of end to end" network connectivity points and network traffic performance on all BHN
equipment.
Network Traffic Engineering:
In order to ensure data delivery, Bright House Networks provides a proactive traffic engineering process and methodology that
prevents congestion and over utilization of backbone network resources in order to ensure data delivery. This process provides
BHN business customers with the highest network performance and network availability within the BHN serving markets.
Proactive Network Monitoring:
BHN PROPRIETARY & CONFIDENTIAL
119795
bright
house ,
NETWORKS .,
Bright House Networks provides complete proactive network monitoring and availability checks for
connections and customer circuits. This constant monitoring provides both real -time and historical network statistics,
are used to determine Network performance, packet latency and data packet delivery.
which
Network Latency Guarantee Scope:
BHN's latency guarantee is average round -trip transmissions of 65 ms, or less, between BHN designated inter - regional transit
backbone in the Central Florida area. BHN does not guarantee latency outside BHN network identified as Internet and other
regional or national transports.
Packet Delivery:
BHN Packet Delivery rate is 99 percent or greater between BHN - designated hubs in the Central Florida area. Service
unavailability will exclude Network unavailability resulting from:
• Network maintenance
• Circuits provided by Telco's or other common carriers
• An external Internet Service Provider or an Internet exchange point
• Acts or omissions of Customer or an authorized user Behavior of Customer equipment, facilities or applications
• Acts of God, civil disorder, natural cataclysm or other occurrences beyond the reasonable control of BHN.
Service Ouality
• 99.99% percent availability* that covers the BHN backbone, and the BHN- ordered customer access circuit on Fiber
• Scheduled maintenance, whereby BHN guarantees scheduled maintenance will take place from 1:00 a.m. to 6:00 a.m.
Monday through Friday; with at least 48 hours advance notice.
• In the event that there is a circuit outage or declared network connection failure to a CPE located on the customer's site,
BHN support teams have an on -site service guarantee for having a technical representative on -site within 6 hours. This 6
hour period begins after customer is contacted to validate the outage is a BHN related outage.
Service Availability Guarantee Scope:
• BHN's Service Availability Guarantee will have BHN's Network (as defined above) available 99.99% of service over a
defined period of time, 30 days and or monthly billing cycle.
On -Site Service Restoration:
• BHN's support teams provide an on -site service guarantee of having a technical representative onsite within 6 hours in the
event there is a local BHN- provided circuit outage or declared network connection failure due to a BHN for a customer's
site.
Scheduled Maintenance Scope:
Scheduled Maintenance shall mean any maintenance at the BHN hub to which Customer's circuit is connected:
• For which Customer is notified at least two business days in advance. Notice of Scheduled Maintenance will be provided
to Customer's designated point of contact by method elected by Customer.
• That is performed during a standard maintenance window between Monday and Friday from 1:00 am to 6:00 am.
Customer Care Quality
• BHN Customer Care representatives and Network Operations provide technical support as well as call support 24 hours
per day, 7 days per week, and 365 days per year
• Proactive outage notification guarantees customer notification from BHN within 30 minutes of an outage via fax, email,
phone, or pager.
BHN PROPRIETARY & CONFIDENTIAL
119795
4
bright
house
NETWORKS
• Installation by the quoted install date for Fiber is 10 business days after receiving the CCQ from the SE team and 5 days
after receiving the equipment that requires ordering and is not in stock.
Bright House Networks Technical Support For Services:
Bright House Networks will provide 24/7 support for customer initiated calls regarding issues impacting Business Networks
Connections.
NOTE: This call service is only provided to subscribers and/or customers.
Outage Reporting Guarantee:
BHN Outage Reporting Guarantee will notify Customer 30 minutes after BHN's determination that the Customer's service is
unavailable. BHN will deem the service unavailable, and will contact Customer's designated point -of- contact by method
elected by Customer
Outage Reporting Guarantee Process:
Customer is solely responsible for providing BHN with accurate and current contact information for Customer - designated
points -of- contact. BUN will be relieved of its obligations under this Outage Reporting Guarantee if:
• Customer fails to perform Network maintenance
• Issues regarding circuits provided by Telco's or other common carriers
• Issues regarding an external Internet Service Provider or an Internet exchange point
• Acts or omissions of Customer or an authorized user
• Behavior of Customer equipment, facilities or applications
• Acts of God, civil disorder, natural cataclysm or other occurrences beyond the reasonable control of BHN.
BHN Engineering can provide assistance for issues concerning connections that are deemed the responsibility of the BHN
service offering support for calls and issues regarding Business Network Connections. This does not include customer -
provided Equipment and Configurations.
* The period of Service Outage Time or `downtime' for the network connection(s) shall exclude:
• Outages planned by BHN to carry out emergency maintenance with as much notice as possible given.
• 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.
• 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
• Outages due to the malfunction of Customer equipment and wiring beyond the service demarcation point including LAN
equipment and outages due to or extended as a result of denial of access to any site
• Outages caused by Customer provided access facilities
• Outages due to changes made to services at Customer's request where BHN has informed Customer about the Outage in
advance and in writing.
• Outages due to Customer requested test - assists, provided that the testing is not required as a result of failure of an BHN
provided service
• Outages due to defined Force Majeure events as provided for in the agreement
• Outages cause by delinquent payment
• Outages resulting from failure of access circuits beyond BHN's control ring.
BHN PROPRIETARY & CONFIDENTIAL
119795
4
bright
house
NETWORKS
Exhibit A
Service
Subject to the terms and conditions of this Agreement, BHN shall provide Customer with a
dedicated circuit connection between Customer's data network located at;
Committed Rates
Location
Committed
Bandwidth
Description of Service
Monthly Fee
300 North Park Avenue
3 Mbps x 3 Mbps
Dedicated Internet Access
$806.00
Sanford, Fl. 32771
Burstable to 5 *SMbps
Dedicated Internet Access
$1,885.00
Total Monthly Fee
$806.0
Rates For Consistent Usage Beyond Committed Rates
Description
Committed Bandwidth
Description of Service
Monthly
Fee
Next Speed Tier Available
5 *5 Mbps (Bursting to 10* 10)
Dedicated Internet Access 11$1,151.00
Next Speed Tier Available
10* 10 Mbps (Bursting to 20 *20)
Dedicated Internet Access
$1,885.00
_ V
BHN PROPRIETARY &CONFIDENTIAL
119795
bright
house
NETWONXS
Initial Term of Service
For a period of three (3 years) from the date of BHN's Completion Notice.
Installation Fees
One Time Installation of $1000.00
Service Definitions
Metro Ethernet:
Metro Ethernet means an industry standard 10 /100Mb TCP/IP data interface ( "ETHERNET ") facility, limited to the aforementioned
bandwidths, connecting the Customer sites together with the ability for sharing, transmitting or receiving data.
Internet Access:
Internet Access means an industry standard 10/ 100Mb TCP /IP data interface ( "ETHERNET ") facility, limited to the aforementioned
bandwidths, connecting the Customer site to the Internet.