Important Information From Charter Communications

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1 Important Information From Charter Communications GENERAL TERMS AND CONDITIONS APPLICABLE TO CHARTER RETAIL TELECOMMUNICATION SERVICES IN CALIFORNIA Please read this important message carefully. Effective March 1, 2010, subject to approval of the California Public Utilities Commission ( CPUC ), the prices, service descriptions, terms and conditions for most retail services provided by Charter Fiberlink CA-CCO, LLC ( Charter ) will no longer be on file with the CPUC. Instead, the prices, service descriptions and terms and conditions applicable to these services will be set forth in a Service, Price and Terms Guide. Some services are not affected, such as basic residential service, 911 service and your choice of a long distance provider. Your use of Charter Services (as defined below) will constitute your agreement to be bound by the charges, terms and conditions set forth in the Service, Price and Terms Guide (as defined below), including the general terms and conditions set forth below. For customers already subscribing to Charter Services, you will no longer be governed by tariffs on file with any regulatory commission, but instead will be governed by the Service, Price and Terms Guide. If you do not accept the provisions of the Service, Price and Terms Guide, your option is to cancel your services subject to this agreement by calling for residential customers or for business customers, or writing to Charter at Powerscourt Drive, St. Louis, Missouri You will be responsible for all usage charges, non-recurring charges, early termination charges (if applicable) under other agreements for Charter products or Services, and the pro rata portion of monthly recurring charges incurred prior to the effective date of the cancellation. This document does not include the complete Service, Price and Terms Guide, which contains additional terms, including the description, charges, and conditions applicable to each of the Services in the Guide. The following general terms and conditions apply to all Services in the Service, Price and Terms Guide. If you are looking for additional terms and conditions applicable to Services, please refer to the Service, Price and Terms Guide on Charter s Website via 1. Application The Service, Price and Terms Guide sets forth the terms and conditions under which Customers ( Customer, you or your ) agree to use the Services (as defined below) and under which Charter Fiberlink CA-CCO, LLC (Charter, Company or we ) agrees to provide the Services to Customers, unless otherwise noted. The Service, Price and Terms Guide is set forth on the Charter website (the Website ) via and you may request a printed copy of the terms and conditions applicable to the ordered Service by calling Charter at for residential customers or for business customers or writing Charter at Powerscourt Drive, St. Louis, Missouri 63131, Attn: CA Service, Price and Terms Guide. Translation services are available upon request. The Service, Price and Terms Guide becomes a binding contract following your acceptance of the terms and conditions applicable to the ordered Service. You are deemed to have accepted the terms of the Service, Price and Terms Guide applicable to your Service upon your use of the Service following notification to you of the availability of the Service, Price and Terms Guide. Unless expressly stated otherwise, the Service, Price and Terms Guide applies to Customers who have entered into a separate agreement for Services for a specified time period;

2 provided, however, in the event of a conflict between the terms in the separate agreement and the terms in the Service, Price and Terms Guide, the terms in the separate agreement shall control with respect to Services subject to that agreement. 2. General Terms and Conditions Services. Service or Services means all retail telecommunications and/or Voice over Internet Protocol products or services offered by Charter in California. Services do not include non-telecommunication services, such as High Speed Internet, which were not included in Charter s California intrastate tariff prior to March 1, 2010 and which are provided pursuant to federal tariffs or other oral or written agreements. Service is installed by arrangement between Charter and the customer. Applications for initial or additional services may be made to the Company verbally or in writing. Unless otherwise specified herein or elsewhere in the Service, Price and Terms Guide, the minimum period for service is one (1) month. Customers are responsible for notifying the Company of their desire to discontinue service on or before the date of termination. The customer shall ensure compliance with any applicable laws, regulations, orders or other requirements of any governmental entity relating to services provided by the Company. Bills and Prices. Bills are due and payable on the date of presentation. The customer is responsible for payment of all charges for service furnished including all taxes, usage charges, telecommunications surcharges (e.g., Universal Service Fund fees) or other applicable governmental charges due on account of the Services. Such taxes, fees and/or surcharges are subject to change without notice to customer, except as may be required by law. Charges for ancillary services, including but not limited to, charges for installation, change orders and directory assistance used by customer will be imposed at Charter s current rates and such charges are also subject to change without notice to customer, except as may be required by law. Promotional pricing and terms will expire in accordance with the terms applicable to each promotion, without further notice to you. The Company reserves the right to assess a late payment charge to customers whose accounts have an unpaid balance from the prior billing period. Credit Check. During the application process, Charter may check commercial credit services, other acceptable credit references and past telephone/affiliate account information in order to establish a credit risk assessment. Charter reserves the right to refuse service to any applicant who is found to be indebted to the Company and its affiliates for services previously furnished until satisfactory arrangements have been made for the payment of all such indebtedness. Service Use. The Service is furnished only for use by the customer or employees, the customer s family or persons residing in the customer s household, except as the use of the Service may be extended to persons temporarily subleasing a customer s residential premises. Use of the services and all charges incurred therein shall be the sole responsibility of the customer. Charter shall not be liable for any damages, including charges for Services that the customer may incur as a result of the use of the Services by customer s family, guests, employees, third parties or the public. Facilities furnished by the Company to provide transmission service on the premises of a customer (except for inside wiring and inside jacks) are the property of the Company. In the event of an interruption to service not due to i) the negligence or willful act of the customer, customer s family, guests, employees, third parties or the public, or ii) customer premises equipment, a day-for-day credit allowance will be made if the interruption continues for more than twenty-four (24) hours from the time it is reported to or detected by Charter, upon customer request. No credit allowance will be made for:

3 Interruptions due to the negligence of, or noncompliance by the customer, authorized user, joint user, or other common carrier providing service connected to the service of the Company. Interruption due to the failure or malfunction of non-company equipment. Interruptions of service during any period in which the Company is not given access to the premises for the purpose of investigating and correcting interruptions. Interruptions of service during any period when the Customer, authorized user, or joint user has released service to the Company for maintenance purposes or for implementation of a Customer order for a change in service arrangements. Interruption of service due to circumstances or causes beyond the control of the Company. Service may be used by the Customer for any lawful purpose for which the service is technically suited. Service shall not be used to make unlawful expression, to impersonate another person with fraudulent or malicious intent, or to call another so frequently or at such times of day or in any other manner so as to annoy, abuse, threaten, or harass. Indemnification. Customer agrees to indemnify and hold Charter, including our directors, officers, employees, affiliates and agents (collectively, the Company), harmless from losses, claims, demands, damages, expenses (including reasonable attorneys fees), or any liability whatsoever arising from any use of the Services by you or any person you permit to use the Services, including without limitation, liability resulting from the content of communication such as defamation, fraud or invasion of privacy, libel or slander, or any combination of the Services with other products or services not provided by Charter, any modification of the Services or any infringement of intellectual property. Except where the events, incidents or eventualities set forth in this sentence are the result of the Company s gross negligence or willful misconduct, the customer agrees to release, indemnify and hold harmless the Company against any and all loss, claims, demands, suits or other action or any liability whatsoever, whether suffered, made, instituted or asserted by the customer or by any other party or person, for any personal injury to or death of any person or persons, or for any loss of or damage to any property, whether owned by the customer or others. The customer shall reimburse the Company for all costs, expenses and fees, including reasonable attorneys fees, incurred by the Company in its defense against such actions The customer indemnifies and saves the Company harmless (including costs and reasonable attorneys' fees) against acts or omissions of other companies when their facilities are used by Customer or any person you permit to use the Services in connection with the Company's facilities to provide service. The customer also agrees to release, indemnify and hold harmless the Company for any infringement or invasion of the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, occasion to use E911 service features and the equipment associated therewith, or by any Services furnished by the Company in connection therewith, including but not limited to, the identification of the telephone number, address or name associated with the telephone used by persons accessing 911 service thereunder, and which arises out of the negligence or other wrongful act of the Customer, its user, agencies or municipalities, or the employees or agents of any one of them. The customer also agrees to release, indemnify and hold harmless the Company in using a Multimedia Terminal Adaptor (MTA) or a telephone modem that requires electrical power in the event of failure. Continued telephone service in the event of a power outage is not guaranteed. To ensure 911 calls and emergency personnel are properly routed Company equipment must not be moved by the customer. Additionally, the Company recognizes one

4 address for all lines on the same account and will not be responsible for multiple address location information. Therefore, the customer is responsible for directing emergency personnel to the specific location of the person in need and to any other physical location if all telephones are not located at the address on the account. Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SERVICE, PRICE AND TERMS GUIDE OR OTHER WRITTEN AGREEMENT WITH CHARTER, CHARTER DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR ARISING BY COURSE OF PERFORMANCE, DEALING, CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE KNEW OR SHOULD HAVE KNOWN SUCH PURPOSE) AND NON-INFRINGEMENT. YOU AGREE THAT THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. CHARTER DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR NEEDS, WILL BE UNINTERRUPTED, OR ERROR-FREE. Limitation of Liability. In view of the possibility of errors and difficulties occurring in the transmission of messages by telephone the customer assumes all risks connected with the service. Charter's liability to you for damages due to failures or disruptions in the services arising from our negligence or breach of our obligations under the Service, Price and Terms Guide shall be limited to the charges for the services affected by the failure for the period of such failure. This liability shall be in addition to any amounts that may otherwise be due you under the terms of the Service, Price and Terms Guide as an allowance for interruptions. You may also file a complaint with the CPUC online at or by calling , or in writing to: Consumer Affairs Branch, 505 Van Ness Ave., San Francisco, CA No liability shall attach to the Company by reason of any defacement or damage to the customer s premises resulting from the existence of the Company s facilities and associated wiring on such premises, or by the installation or removal thereof, unless such defacement or damage is the direct result of the sole negligence of the Company. The customer s sole remedy for such damage shall be repair of such damage. The Company shall allow for errors or omissions in alphabetical telephone directories an amount limited to a credit of one month s basic service. The customer indemnifies and holds the Company harmless against any and all claims for damages caused or claimed to have been caused, directly or indirectly, by the publication of the listing which the customer has requested be omitted from the telephone directory or the disclosing of such a listing to any person. Termination of Services. Charter may discontinue or limit use of the Services by a Customer without liability and without notice, for the following reasons: a) The Services are being used in violation of any applicable law or regulation; b) The Services are being used in an unauthorized or fraudulent manner; c) The use of the Services adversely affects Charter s equipment or its service to others; d) Such action is necessary to meet the exigencies of an emergency. Charter may discontinue the Services without liability and with notice as required by law if i) Customer fails to pay undisputed charges for Services provided; ii) Customer fails to perform any other material obligation or violates any material term or condition of the Service, Price and Terms Guide, and such failure or violation is not cured within thirty (30) calendar days following notice by Charter; or iii) Charter has other good cause to terminate Service. Termination of the Services, for any cause, shall not release Customer from any liability which at the time of termination had already accrued to Customer or which thereafter accrues for any act or omission occurring prior to the termination or from an obligation which, by its nature, survives termination.

5 Performance Excused. Charter s performance shall be excused if said performance is delayed or prevented due to events known as force majeure (i.e., acts of God), acts of any third party, or any cause(s) beyond our reasonable control, including, but not limited to, fire, vandalism, floods, storms, natural disasters, cut cable, terrorism, war, power failures or labor difficulties. Customer Responsibilities. You agree to provide us with the access and support required to allow us to implement, maintain and provide the Services. You shall ensure that the facilities or equipment provided by you are properly interconnected with the Services, facilities and equipment provided by Charter. Miscellaneous. Charter may revise the terms and conditions of the Service, Price and Terms Guide. We may decrease prices without prior notice. Increases to the prices or material changes to the Service, Price and Terms Guide shall be effective no sooner than thirty (30) days after written notice is provided. If you do not agree to the revision(s), you must terminate your Service(s) immediately by contacting Charter at for residential customers or for business customers or writing to Charter at Powerscourt Drive, St. Louis, Missouri 63131, subject to the termination provisions of the Service, Price and Terms Guide. By continuing to use the Services subject to this agreement after revisions are in effect, you are accepting and agreeing to all revisions. If you have an agreement, the terms and conditions of the agreement prevail over the Service, Price and Terms Guide. Either party s failure to enforce any of the provisions of the Service, Price and Terms Guide or to exercise any right or option is not a waiver of any such provision, right, or option, and shall not affect the validity of the Service, Price and Terms Guide. Any waiver must be written and signed by the Parties to be legally binding. The invalidity or unenforceability of any part of the Service, Price and Terms Guide will not affect the other parts thereof, and the remaining terms and conditions of the Service, Price and Terms Guide shall continue to apply as necessary to reflect the original intention of the parties. Customer shall not transfer, assign or resell the Services without the prior written consent of Charter. Charter may freely assign or transfer all or part of our rights under the Service, Price and Terms Guide without notice. Services are offered in locations where made available by Charter in its sole discretion. The Service, Price and Terms Guide shall not provide any third party with a remedy, claim or right of reimbursement. No waiver of any breach of the Service, Price and Terms Guide will be deemed a waiver of any future breach. Company Contact: Telephony Manager Customer Care 941 Charter Commons St. Louis, MO

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