Earthlink 2008 Annual Report Download - page 228

9.3
Terms of Service.
Each Party may agree upon terms of service with each Service Subscriber with respect to the EarthLink High-Speed Service and
any other of such Party’s products or services; provided, however, that (a) EarthLink shall not warrant or guarantee to any Service Subscriber
any minimum throughput or performance level that is dependent upon the TWC HSS or the System Facilities without TWC’s written approval,
and (b) in the event of any inconsistency between such terms of service of the respective Parties, the Parties shall diligently work together to
resolve such inconsistencies and act accordingly in dealing with Service Subscribers. Either Party may terminate a Service Subscriber’s Service
Subscription for a violation of that Party’s terms and conditions, subscription agreements or acceptable use policies. Each Party’s terms of
service will be based on such Party’s generally applicable policies.
10.
NO EXCLUSIVITY.
Neither Party will have the obligation to provide services exclusively to or deal exclusively with the other Party with regard to the
subject matter of this Agreement. Without limiting the generality of the foregoing, (a) TWC shall have the right to offer, market, promote,
provide and distribute services through the TWC Cable Systems and System Facilities, on such terms and with such service levels and priorities,
as it shall determine in its sole discretion, and (b) EarthLink shall have the right to offer, market, promote, provide and distribute EarthLink
services through any other systems and facilities, on such terms and with such service levels and priorities, as it shall determine in its sole
discretion.
11.
REPORTING
11.1
By TWC
To the extent then available, TWC will provide, for any Launched TWC Division, monthly reports with the total number of Service
Subscribers for which TWC completed the sale during the preceding month. If available, such report will be delivered within 15 days after the
last day of the prior month. To the extent available, TWC will also provide usage reports of aggregate bit consumption by individual Service
Subscribers. TWC will provide information from TWC’s address log files in a format and manner to be mutually agreed upon. TWC will
provide EarthLink with reasonable advance notice of any scheduled outages of the System Facilities within the TWC Divisions where the
EarthLink High-Speed Service is offered. To the extent then available, EarthLink shall receive a monthly report of each TWC Division’s
EarthLink Service Subscriber billing activity (which may include, without limitation, orders, cancels, pending installs, installs completed and
disconnects from the billing system of each division, and product bundling detail). To the extent then available, EarthLink shall receive a
monthly report of each TWC Division’
s EarthLink Service Subscriber trouble tickets, and any credit or refunds issued to any Service Subscriber.
Notwithstanding the foregoing, TWC will provide to EarthLink those reports concerning TWC
’s provision of the EarthLink High-Speed Service
that EarthLink requires to comply with applicable law. To the extent that EarthLink requires any reports in order to comply with applicable law
which are different from or, in any material way, additive to those reports that TWC generates in the ordinary course of its business, EarthLink
shall reimburse TWC for its costs in producing such reports.
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