Bright House Networks, LLC

EASYPay Online Service Terms and Conditions of Use

Last Revised: May 21, 2004

Definitions:

As used in these Terms and Conditions (the "Agreement"), the following terms shall have the following meanings:

"BHN" or "Company": means Bright House Networks, LLC, Michigan and Tampa Bay Divisions.

"Business Day": means Monday through Friday, excluding Federal Reserve holidays and Bright House Networks holidays.

"Customer": means the person, at least 18 years of age, who ordered BHN services and signed the BHN Customer Agreement at the time those services were installed. "Customer Service Hours": means 24 hours a day, seven days a week.

"Cutoff Time": means 10 p.m. Eastern Time on any Business Day and is the time by which you must transmit Payment Instructions to have them considered entered on that particular Business Day.

"Equipment": means any or all of the following: Channel Selector(s), Remote Control(s), DCR Adaptor(s), High Speed Modem(s), Software, Network Interface Card(s), Multimedia Terminal Adaptor(s), and any other equipment installed in or on Customer's premises by BHN. Equipment does not include any items owned by Customer or purchased by Customer from BHN.

"Payment": means the information provided by you to the Service for one or more bill payments to be made to BHN.

"Payment Account": means your checking, savings or credit card accounts from which your bill payments will be made.

"Payment Instructions": means the banking instructions you enter with respect to the Payment.

"Payment Send Date": means the Business Day(s) of your choice upon which your bill payment(s) will be made through your Payment Account (a Payment Send Date of a non-Business Day will be considered to be the previous Business Day).

"Service" or "EASYPay Online Service": means the Internet bill payment and online ordering service offered by BHN.

"Service Provider": means any third party providing the Service on behalf of BHN.

Bill Payment

When initiating a Payment, you authorize BHN to remit funds on your behalf from your Payment Account in accordance with your Payment Instructions.

• A particular bill payment is "Pending" starting from the time you enter a Payment until the payment is "Processing".
• particular bill payment is "Processing" starting at the Cutoff Time of the date selected by you as the "Payment Send Date" until confirmation is received by the Service that the payment was successful.
• A particular bill payment is considered "Paid" after the Service receives a remittance file from the payment processor indicating a successful payment.
• You may cancel or edit any Pending Payment by following the directions within the Service.
• There is no charge for canceling or editing a Pending Payment.
• Payment Instructions entered after the Cutoff Time or on non-Business Days will be considered entered in the Service on the next Business Day.
• In any other event, including, but not limited to, choosing a Payment Send Date less than two (2) Business Days before the actual due date, the risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by you.
• BHN will provide up to six (6) months of account history through the Service. You may request account history beyond six (6) months in writing or by contacting a BHN office.
  
  BHN will use commercially reasonable efforts to make all your payments properly. However, BHN shall incur no liability if it is unable to complete any payments initiated by you through the Service because of the existence of any one or more of the following circumstances:

1. If, through no fault of BHN, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your credit card or overdraft account, or your Payment Account does not otherwise permit the transaction to be executed;
2. The Service is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
3. BHN or the Service Provider mishandles or delays a payment sent by the Service;
4. You have not provided the Service with the correct BHN account information to process your payment accurately; or,
5. Circumstances beyond the control of BHN or the Service Provider (such as, but not limited to, fire, flood, Internet delays, interruption or malfunction, or interference from an outside force) prevent the proper execution of the transaction.
   
   Provided none of the foregoing five (5) exceptions are applicable, if BHN or the Service Provider causes an incorrect amount of funds to be removed from your Payment Account, BHN or the Service Provider shall be responsible for returning the improperly transferred funds to your Payment Account.
   
   THE FOREGOING SHALL CONSTITUTE BHN'S AND THE SERVICE PROVIDER'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL BHN OR THE SERVICE PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF YOUR USE OF THE SERVICE.

Online Ordering and Upgrading

Only the primary account holder named on the BHN cable bill may order or upgrade services through the EASYPay Online Service.

Persons establishing new service must be 18 years of age or older and must be present during the scheduled time for installation in order for services to be installed. Proper identification may be required.

Persons establishing new service may be required to pay installation fees and prorated fees for the first few weeks of service before services can be installed.

Appointments for upgrades or installations may be cancelled or rescheduled through the EASYPay Online Service up to 72 hours before the scheduled appointment time. Appointments scheduled to take place in 72 hours or less can only be canceled by calling BHN. Office telephone numbers can be found on our website;

Michigan Division: http://michigan.mybrighthouse.com/services/customer_care/contact_us

Tampa Bay Division: http://tampabay.mybrighthouse.com/contact_us/default.aspx

If Customer is not the owner of the premises in which the Equipment is to be connected, Customer warrants that he or she has the consent of the owner of the premises to authorize access and modification to the premises by BHN to make the connection(s) and install the service(s) requested through the EASYPay Online Service.

BHN will assume no responsibility or liability for damages, destruction or alterations of Customer's computer hardware, software, or data, directly or indirectly related to (1) the installation of the Equipment, software and an approved Internet network interface card in the Customer Computer and (2) Customer's operation and use of the Software, equipment or services.

The Equipment may be capable of impulse pay-per-view (PPV) or Video-on-demand (VOD) ordering. Customer accepts full responsibility for all PPV and VOD product charges ordered on his or her account. Customer may block PPV or VOD ordering by using the parental control feature of the Equipment, or by calling BHN'S office to request that PPV or VOD ordering be restricted.

Exclusions of Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Password and Security

• To use the Service, you must complete the online registration process by providing BHN with complete and accurate information on the registration form.
• You will choose a user name and password (known as a PIN) to access your account through the Service. You agree not to give or make available your PIN or provide other means to any unauthorized individuals to access the Service.
• Except as provided herein, you are responsible for all bill payments, orders and upgrades made through the Service using your PIN.
• Except as provided herein, you are entirely responsible for any and all activities that occur through one's use of your PIN with the Service. You could be held liable for losses incurred by BHN or another party due to someone else's use of your PIN or account with the Service.
• Except as provided herein, BHN will not be responsible for any loss you may incur as a result of someone else's misuse of your PIN, banking information, credit card information or account through the Service either with or without your permission.
• Contact us AT ONCE by telephone during normal Customer Service Hours if you believe that your PIN or other means to access your Payment Account through the Service has been lost or stolen or that someone may attempt to use the Service with your PIN but without your consent or has transferred money using your PIN but without your permission. If you tell BHN within two (2) Business Days after you learn of the loss or theft of your PIN or Payment Account information, you can lose no more than $50 if someone used your Payment Account in connection with the Service without your permission. If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your PIN or Payment Account information, and BHN proves that it could have stopped someone from using your PIN or Payment Account information in connection with the Service if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, notify BHN at once by telephone during normal Customer Service Hours. If you do not notify BHN within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) days if BHN can prove that it could have stopped someone from taking the money if you had notified BHN within 60 days. Office telephone numbers can be found on our website;
  
  Michigan Division: http://michigan.mybrighthouse.com/services/customer_care/contact_us
  Tampa Bay Division: http://tampabay.mybrighthouse.com/contact_us/default.aspx

Errors and Questions

In case of errors or questions about your online transactions, you should contact us as soon as possible during normal Customer Service Hours.

If you think that your statement is wrong or you need more information about a transaction listed on the statement, BHN must hear from you no later than sixty (60) days after you received the FIRST statement on which the problem or error appeared. You must:

1. Tell BHN your name and account number;
2. Eescribe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and,
3. Tell BHN the dollar amount of the suspected error.

• If you tell BHN verbally, BHN may require that you send your complaint in writing within ten (10) Business Days after your verbal notification Office addresses can be found on our website;
  Michigan Division: http://michigan.mybrighthouse.com/services/customer_care/contact_us
  Tampa Bay Division: http://tampabay.mybrighthouse.com/contact_us/default.aspx
• BHN will tell you the results of its investigation within thirty (30) Business Days after we hear from you and will move to correct any error promptly.
• If BHN needs more time, however, BHN may take up to forty-five (45) days to investigate the complaint or question.
• If BHN decides there was no error, BHN will contact you with an explanation within three (3) Business Days after it finishes the investigation.

Disclosure of Account Information to Third Parties

By completing the enrollment form, you are authorizing BHN to display billing and payment information on a secured Internet site. BHN will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

1. Where it is necessary for completing transactions;
2. In order to verify the existence and condition of your account to a third party, such as a credit bureau;
3. In order to comply with a governmental agency or court orders; or,
4. If you give us your written permission.
5. As permitted otherwise by this Agreement, the Customer Agreement, BHN's Website User Agreement set forth at;
   Michigan Division: http://michigan.mybrighthouse.com/privacy_policy/
   Tampa Bay Division: http://tampabay.mybrighthouse.com/customer_care/bright_house_basics/policies/user_agreement/default.aspx

Charges

There are no charges to you associated directly with the Service. Any fees associated with your Payment Account will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

In the Event a Service Transaction Is Returned

In using the Service, you are requesting the Service to make payments for you from your Payment Account. If BHN or Service Provider are unable to complete the transaction through the Service for any reason associated with your Payment Account (for example, there are not sufficient funds or credit in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from BHN. In such case, you agree that:

1. You will reimburse BHN immediately upon demand the transaction amount that has been returned to BHN.
2. You shall be liable for late payment charges, insufficient fund charges, or any other applicable charges.
3. BHN is authorized to report the facts concerning the return to a credit-reporting agency.

Alterations and Amendments

BHN reserves the right to change this Agreement from time to time, including without limitation, with respect to applicable fees and service charges. Further, BHN and/or the Service Provider may, from time to time, revise or update the programs, services, and/or related material that may render all such prior versions obsolete. You are responsible for regularly reviewing this Agreement. Your continued use of the Service shall constitute your agreement to all Terms and Conditions and all amendments to these Terms and Conditions of Use.

Address or Banking Changes

You agree to promptly notify BHN at least ten (10) Business Days in advance of any change in your Payment Account, or your banking status. This must be done through the EASYPay Online Service. You are responsible for keeping your correct and current e-mail address information in your user profile in the Service. Termination or Discontinuation In the event you wish to discontinue use of the Service, you can do so by un-enrolling through the Service or by contacting BHN's Customer Relations Center. Such notice of service discontinuance must be supplied ten (10) days prior to the actual discontinuance date.

BHN may terminate the Service or service to you at any time and/or revoke your right to use this Service for any or no reason. Neither termination nor discontinuation shall affect your liability or obligations under this Agreement.

Terminating your EASYPay Online Service account does not cancel your cable and/or other subscription services from BHN. If you cancel the Service, BHN will mail you a paper bill, which will be payable by mail or by visiting one of our payment offices. If you wish to terminate your cable and/or other subscription services from BHN, you will need to call BHN to make the necessary arrangements. Office hours, locations and telephone numbers can be found on our website;

Michigan Division: http://michigan.mybrighthouse.com/services/customer_care/contact_us
Tampa Bay Division: http://tampabay.mybrighthouse.com/contact_us/default.aspx

Information Authorization

Your enrollment in the Service may not be fulfilled if BHN and/or the Service Provider cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that BHN and/or its Service Provider reserve the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that BHN and/or its Service Provider reserve the right to obtain financial information regarding your account from a financial institution to resolve payment-posting problems.

Governing Agreements and Law

In addition to these Terms and Conditions, you agree to be bound by and will comply with the requirements of all other agreements that BHN provides you with, including, without limitation, the BHN Customer Agreement, Account Disclosure Statement, BHN's Website User Agreement and Privacy Policy, and all other rules and regulations incorporated or referenced in any product or service agreement between you and BHN and any funds transfer systems that BHN uses, such as the National Automated Clearing House Association (NACHA), and applicable state and federal laws and regulations.

Disputes

In the event of a dispute regarding any service or product of BHN, you and BHN agree to resolve the dispute by looking to the applicable Agreement. You agree that, with regard to the EASYPay Online Service, these Terms and Conditions and the Customer Agreement together constitute the complete and exclusive statement of the agreement between you and BHN and that they supersede any proposal or prior agreement, oral or written, and any other communications between you and BHN relating to the Service. If there is a conflict between what an employee of the Service Provider or BHN's Customer Relations Department says and these Terms and Conditions, these Terms and Conditions will prevail. If there is a conflict between the terms of any BHN agreements, the primary agreement for the particular product or service will prevail, as determined by BHN.

YOU SHOULD PRINT AND RETAIN THIS DOCUMENT FOR SAFEKEEPING AND REFERENCE AT ANY TIME DURING USAGE OF THE SERVICE.

I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS, AND ANY FUTURE AMENDMENTS WHICH MAY BE MADE TO THIS AGREEMENT FROM TIME TO TIME.