Attachment D - Enterprise Internet Service

Download Attachment D – Enterprise Internet Service

Attachment D to Commercial Terms of Service (Enterprise)

Enterprise Internet Service (“EI Service”)

Enterprise Internet Service. EI Service provides Internet access service implemented using a hybrid fiber/coax or a fiber access network. Customer interface to the data network is via Ethernet connection. EI Service enables a variety of upstream and downstream rates. If Customer elects to receive EI Service, Spectrum shall provide Internet connectivity to the Customer Service Locations. Spectrum will also supply necessary equipment, which is Spectrum Equipment, at each site that will be capable of receiving the Service specified in the Service Orders.

EI Service, or features of EI Service, may not be available in all service areas. EI Service is “On-Net” if it is provided by Spectrum to Service Locations entirely through the Spectrum Network. Spectrum may, in its discretion, provide Customer with “Off-Net” services to geographic locations that are outside of Spectrum’s service area or are not currently connected to the Spectrum Network, through third-party service providers.

Customer’s use of the EI Service is subject to the following additional terms and conditions:

1. Internet Service Speeds. Spectrum shall use commercially reasonable efforts to achieve the Internet speed attributable to the bandwidth for the EI Service selected by Customer. However, actual speed, also known as throughput rate, may vary. Many factors affect speed experienced by Customer as outlined in Spectrum’s Network Management Practices.

2. Acceptable Use Policy. Customer shall comply with the terms of Spectrum’s Acceptable Use Policy (“AUP”) found at https://enterprise.spectrum.com (or applicable successor URL) and that policy is incorporated by reference into the Service Agreement. Customer represents and warrants that Customer has read the AUP and will be bound by its terms as they may be amended, revised, replaced, supplemented, or otherwise changed from time-to-time by Spectrum with or without notice to Customer. Spectrum may suspend Service immediately for any violation of the Spectrum AUP.

3. Static IP Service. Customer may elect to purchase static IP addresses from Spectrum. Delivery of static IP addresses may require additional equipment which Spectrum will supply. If Customer terminates an EI Service for which Customer has also subscribed to Static IP Service, then Customer shall be deemed to have terminated the corresponding Static IP Service and Customer shall pay any applicable Termination Charges in accordance with the Service Agreement.

4. DDoS Protection Services.

(a) This Section only applies if Customer elects to purchase Distributed Denial of Service (“DDoS”) Protection Service in conjunction with Spectrum EI Service or another provider’s internet access service (in the case of Always On Service as explained below), and Spectrum offers the following DDoS Protection Service options with respect thereto.

i. DDoS Protection – Detect and Mitigate. DDoS Protection - Detect and Mitigate Service is for use with Spectrum’s EI Service, Dedicated Fiber Internet (“DFI”) Service, or Secure Dedicated Fiber Internet (“SDFI”) Service. It enables detection of DDoS Attacks (defined below) and mitigation countermeasures. Spectrum monitors Customer Internet traffic entering the Spectrum Network to detect anomalies symptomatic of a volumetric DDoS attack, as reasonably determined by Spectrum (a “DDoS Attack”). Once a DDoS Attack is identified, countermeasures (including data scrubbing of “dirty traffic”) are initiated automatically, unless Customer directs Spectrum otherwise. Customer has access to a self-service portal to review after-event summary information.

ii. DDoS Protection - Detect and Mitigate for Enterprise Internet. DDoS Protection - Detect and Mitigate for Enterprise Internet Service is only for use with Spectrum’s EI Service. This service performs in the same manner as DDoS Protection – Detect and Mitigate, but Customer does not have access to a self-service portal. Instead, Spectrum provides summary reports to Customer via email following the end of each DDoS Attack mitigation. In the event Customer experiences (i) more than eleven (11) DDoS Attacks on a particular circuit in a rolling twelve (12) month period, or (ii) more than one (1) DDoS Attack on a particular circuit in a rolling twelve (12) month period that is equal to or greater than ten (10) times the circuit size, then DDoS Protection Service on that circuit will be automatically upgraded to the standard Detect and Mitigate Service described above, at Spectrum’s then existing standard rate.

iii. DDoS Protection – Always On. DDoS Protection – Always On Service is for use with Spectrum’s EI Service, DFI Service or SDFI Service, or with another provider’s internet access service (provided that Customer has at least one DFI or SDFI circuit with Spectrum). DDoS Protection – Always On Service enables continuous detection and mitigation of DDoS attacks on internet circuits to which it applies. All inbound traffic to Customer’s designated IP address block is routed through a DDoS scrubbing center to detect and deploy counter measures against volumetric or application-based DDoS attacks, as reasonably determined by Spectrum.

(b) General; Customer Requirements. DDoS Protection Service and countermeasures are designed to reduce disruption of Customer’s legitimate traffic. However, Customer may experience slower Internet traffic speed during a DDoS attack. Spectrum will remove countermeasures and restore normal traffic flow after determination that the DDoS attack has ended. DDoS Protection Services are not available in all locations. DDoS Protection Service is provided on a connection by connection basis and Customer must purchase at least one (1) static IP address for each connection. Spectrum’s ability to provide DDoS Protection Service is contingent on (i) Customer providing accurate and timely information to Spectrum, including IP addresses, and (ii) Customer-provided equipment and software being compatible with the DDoS Protection Service as determined by Spectrum in its sole discretion.

(c) Disclaimers. Customer acknowledges and agrees that:

i. DDoS mitigation only mitigates the effects of certain types of DDoS attacks and is not designed as a comprehensive security solution. When Customer Internet traffic is traveling over the Spectrum Network, Spectrum makes no guarantees that only DDoS attack traffic will be prevented from reaching the destination or that only legitimate traffic will reach Customer.

ii. Spectrum makes no warranty, express or implied, that: (1) with respect to DDoS Protection Service, all DDoS attacks will be detected; (2) DDoS Protection Service will successfully mitigate the incident, including without limitation if the DDoS attack generates a traffic volume that exceeds the amount of traffic that Spectrum can divert; or (3) the DDoS Protection Services will be uninterrupted or error-free.

(d) Termination. If Customer terminates an EI Service for which Customer has also subscribed to a DDoS Protection Service for any reason other than Spectrum’s material, uncured breach, then Customer shall be deemed to have terminated the corresponding DDoS Protection Service and Customer shall pay any applicable Termination Charges in accordance with the Service Agreement.