READ THIS SERVICE AGREEMENT CAREFULLY BEFORE USING THE EARTHLINK CABLE INTERNET ACCESS SERVICE.

1. AGREEMENT

This Service Agreement ("Agreement") is between EarthLink, Inc. ("EarthLink") and you for EarthLink's Cable Internet access service ("Service"). This Agreement consists of the terms and conditions below, the specific terms of your billing plan for the Service, the EarthLink Privacy Policy and the EarthLink Acceptable Use Policy, which are found at www.earthlink.net/about/policies, all of which are incorporated herein.

By establishing an account with EarthLink, using the Service, or indicating agreement to subscribe to the Service through the EarthLink website, you agree to be bound by this Agreement and to use the Service in compliance with the terms of this Agreement.

2. TERM OF THIS AGREEMENT

The effective date of this Agreement begins on your account billing start date, as indicated on your first invoice from your area's cable provider ("Cable Provider"). If the billing plan for the Service has a specific term commitment (for example, 12 months), this Agreement will continue on a month-to-month basis after such term commitment is over until you notify us otherwise. EarthLink reserves the right to change any of the features, content or applications of the Service at any time with or without notice to you. Current Service prices and features may be obtained by visiting our website www.earthlink.net or by calling (888) 327-8454.

EarthLink may terminate this Agreement, your password, your account, or your use of the Service for any reason, including, without limitation, if EarthLink, in its sole discretion, believes you have violated this Agreement or if you fail to pay any charges when due. Termination notice will be sent to you via email or U.S. Mail to the address you provided when subscribing to the Service. This Agreement terminates upon the termination of the Service. Sections 4, 5, 10, 11, 13 and 15 of this Agreement will survive termination of this Agreement.

3. INSTALLATION

The Cable Provider in your area will supply you with a cable modem and everything else needed ("Equipment") for the installation. Some Cable Providers may provide the professional installation at no additional charge. Other Cable Providers may charge a professional installation fee. In the event that you prefer to use your own cable modem that you purchased previously or that you used with another Internet service provider, check with the Cable Provider to verify if this is possible.

If you prefer to install the Equipment yourself, ask the Cable Provider if this self-installation option is available for your area. If self-installation is available from the Cable Provider and elected by you, the Cable Provider will supply self-installation kits and instructions and any related installation services as described in the list of charges. You authorize the Cable Provider to make any preparations to the premises necessary for the installation, maintenance, or removal of the Equipment.

The Cable Provider may require an initial payment at the time of installation of the Service. The Cable Provider's list of charges should describe the installation services and related Equipment that will be available for a standard installation. Any Equipment provided by the Cable Provider to you (other than any Network Interface Card ("NIC") installed in the computer) will remain the property of the Cable Provider except as otherwise required by applicable law. Neither EarthLink nor the Cable Provider will have any obligation to install, support, maintain, repair, or replace (i) any computer or (ii) any cable modem or cabling or other equipment that is provided by a company other than EarthLink or the Cable Provider. If EarthLink or you cancel the Service, the policies of the Cable Provider will govern how to return the Equipment provided by the Cable Provider.

4. SERVICE

The Service speed may vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of EarthLink. EarthLink does not guarantee upload or download speeds. Some line stabilization may be necessary for the Service. Stabilization could include the lowering of provisioned line speed. Should this occur, EarthLink will NOT be able to increase the line speed once the connection is stabilized. The Service may be limited by specific geographic location.

When using the Service, you are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or any other charges, including simultaneous login charges. EarthLink does not guarantee that any dial-up access numbers we provide will be a local call from your location. EarthLink is not responsible for any long-distance, toll, or other charges you incur. Toll-free (800, 888, 877), international, and simultaneous login access costs will be extra. Current prices are listed on the EarthLink homepage at www.earthlink.net. EarthLink may change its POP numbers at any time. EarthLink reserves the right to direct you to use certain numbers to access the Service or to restrict use of specific access numbers.

Usernames, passwords, email addresses and IP addresses are EarthLink's property and EarthLink may alter or replace them at any time. If your inbox is approaching the storage limit for that Service, it also will be noted visually on your web mail and EarthLink also will send you email notices to your EarthLink email address notifying you that you are approaching your email storage limit. Email accounts exceeding allotted email space may, depending on the Service and at EarthLink's discretion, be suspended and be transferred to a compressed temporary file or storage or may be deleted.

The Cable Provider may limit the amount of data that you can upload and/or download each month. The installation, use, inspection, maintenance, repair, and removal of the Equipment may result in service outage or potential damage to your computer. You are solely responsible for backing up all of your existing computer files and data. EarthLink and its employees, officers, directors, agents, contractors, and representatives will have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals. You assume responsibility for impacts to or loss of any warranty associated with the opening of your computer for installation purposes.

You represent that when you transmit, upload, post or submit any content, images or data using the Service you have the legal right to do so and that your use of such data or content does not violate the copyright or trademark laws or any other third party rights. You agree that EarthLink has no responsibility for the accuracy, completeness, value or usefulness of any content, advice or opinions contained in any emails, message boards, chat rooms, social networks or online services.

5. ACCOUNT REQUIREMENTS

In order to subscribe to and receive the Service, you acknowledge that you are 18 years of age or older, and you have legal authority to enter into this Agreement. The Service must be available in your location. You must provide EarthLink with your name, address, and contact telephone number. Your computer may have to meet certain minimum requirements, which may be found on the EarthLink homepage at: www.earthlink.net. You agree that you are responsible for the security of your computer and data including, but not limited to, the encryption of data and the protection of you usernames and passwords. You are solely responsible for the management of your information on your computer including back up and restoration of your data.

6. PAYMENT

You will be billed for the Service through your area's Cable Provider. The cable bill will show charges for the Service, and any applicable taxes, surcharges, and fees set by the government. Changing your plan's cable Internet speed, if available, may affect your monthly fee.

If you elected to purchase any EarthLink value added services, such as Attach Shield, charges for such value added services, plus and applicable taxes, surcharges and fees set by the government, will be billed to your method of payment on file with EarthLink. EarthLink is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by EarthLink. If you provided EarthLink with a valid credit card or debit card, you agree to maintain valid and current credit card or debit card information on file with EarthLink at all times. You acknowledge and agree that you authorize EarthLink and that EarthLink does not need to obtain any additional authorization from you for any recurring payments, automatic billing options or updated credit card or debit card information provided by your credit card or debit card company to EarthLink.

In the event that you change to a different EarthLink service or change the speed of your existing Service, consult with an EarthLink representative and the Cable Provider, if applicable, whether such change will affect your billing plan.

7. CANCELLATION

If you are dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, you can cancel the Service by contacting both EarthLink and the Cable Provider.

Upon cancellation, your email services will be terminated and you will no longer have access to your email, files or other information on EarthLink's servers.

EarthLink only accepts cancellation by phone, fax or U.S. Mail. We do NOT accept cancellations by email. Accounts are set to close at the end of the current billing period. When canceling by telephone, you will be

issued a confirmation number as your only proof of cancellation. We do not grant refunds or credits for any prior use including partial use during the last month of cancellation. If you cancel by one of the prescribed methods listed below and are mistakenly billed again, we will refund any erroneous charges upon proof of such cancellation. To cancel the Service you must do one of the following:

Phone Cancellation: (888) EARTHLINK (888-327-8454)

Fax Cancellation: Please include your account number and a current phone number and fax to 404-795-1034.

Mail Cancellation: Send registered or certified mail, return receipt requested to:

EarthLink, Inc.
Cancel Cable Service
1375 Peachtree Street
Level A
Atlanta, GA 30309

8. YOUR ACCOUNT, PASSWORD, AND SECURITY

Upon registration, you will receive a username, password, and other account information. You and members of your household (i) are the only authorized users of your EarthLink account and (ii) must comply with this Agreement.

You and members of your household who have access to your secure account information must keep your user ID and password confidential so that no one else may access your account information or ability to connect through your account. You must notify EarthLink immediately upon discovering any unauthorized use of your secure account information by calling (888) EARTHLINK (888-327-8454). In addition, you agree that you are solely responsible for maintaining the security of your computer(s) and data including the encryption of data. EarthLink recommends that you use commercial anti-virus, anti-spy and firewall software including appropriate updating of such software.

Unless the Service includes a Static IP, you will be allocated a Dynamic IP address. EarthLink reserves the right to timeout inactive connections. Your email and webspace may be inactivated if you exceed storage limits. You may reduce the size or purchase additional space. Usage and webspace exceeding the allotted amount of bandwidth may be billed for excess traffic. Email, webspace, and bandwidth limits are posted throughout our website at www.earthlink.net. These limits may also be obtained by calling (888) EARTHLINK (888-327-8454). EarthLink reserves the right to change limits at any time upon 30 days prior notice. Policies regarding use of the personal web pages are set forth in the EarthLink Acceptable Use Policy.

EarthLink technical support may be limited. Limitations may include, but are not limited to, certain software, certain operating systems, all original manufacturing hardware, and certain EarthLink-provided services that are no longer marketed by EarthLink.

9. MONITORING THE SERVICE

EarthLink has no obligation to monitor the Service, but may do so if EarthLink, in its sole discretion, believes that to do so would be needed to: comply with laws, regulations, or governmental or legal requests; operate the technical aspects of the Service in a proper, effective, and reasonable manner; or protect itself, its employees, its customers or others as described in the EarthLink Privacy Policy. EarthLink would only disclose information to third parties regarding your use of the Service in a manner that is consistent with the EarthLink Privacy Policy. EarthLink may immediately remove your material or information from EarthLink's servers, in whole or in part, which EarthLink reasonably believes to infringe on another's property rights or to violate the EarthLink Acceptable Use Policy or federal, state or local laws, rules or regulations.

10. DISCLAIMERS AND WARRANTIES

YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EARTHLINK AND THE CABLE PROVIDER DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. EARTHLINK AND THE CABLE PROVIDER MAKE NO EXPRESS WARRANTIES AND WAIVE ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH EARTHLINK OR THE INTERNET GENERALLY.

NO ADVICE OR INFORMATION GIVEN BY EARTHLINK OR THE CABLE PROVIDER WILL CREATE A WARRANTY. EARTHLINK, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, CONTRACTORS AND THE CABLE PROVIDER (COLLECTIVELY REFERRED TO AS "EARTHLINK PARTIES") WILL HAVE NO LIABILITY FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, THE EARTHLINK PARTIES' CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM. EARTHLINK DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE CAN BE PROVISIONED TO YOUR LOCATION EVEN IF EARTHLINK HAS ACCEPTED YOUR ORDER FOR THE SERVICE.

THE EARTHLINK PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICE, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, CORRUPTION OF DATA, INVALID DESTINATIONS OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICE; THE USE OF THE EQUIPMENT OR SERVICE BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK,TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS,AND USEFULNESS OF THE SERVICES, PRODUCTS, AND OTHER INFORMATION; OR THE MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE USE OF THE SERVICE.

THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF THE EARTHLINK PARTIES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST ANY OR THE EARTHLINK PARTIES IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET FORTH THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS UNDER CERTAIN LAWS IN CERTAIN STATES WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

11. INDEMNIFICATION

You will defend, indemnify and hold the EarthLink Parties harmless from and against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that the EarthLink Parties may sustain or incur by reason of your use of the Service or the use of the Service by anyone else in your household (i) in violation of applicable laws, regulations or the terms of this Agreement, (ii) to transmit any messages, content, images or other information via the Internet, (iii) in connection with any claims for infringement of any intellectual property rights arising from or in connection with use of the Service, or (iv) in any manner that harms any person resulting in the personal injury or death of any person or in damage to or loss of any tangible or intangible (including data) property.

12. TECHNICAL SUPPORT POLICY

Please refer technical support questions to the Cable Provider.

13. JURISDICTION

This Agreement is governed by Georgia law without regard to conflict of law provisions. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be governed by Georgia law and will be held in Atlanta, Georgia. The arbitrator will be an expert in the field of Internet services. The arbitrator's award will be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There will be no class action arbitration pursuant to this Agreement.

California residents are entitled to the following information:

The Service is provided by EarthLink, Inc., 1375 Peachtree Street, Atlanta, Georgia 30309. Phone: (800) 890-6356.

Charges vary depending on the type of Service. Current pricing may be obtained from our website: www.earthlink.net. EarthLink reserves the right to change prices and institute new fees at any time upon 30 days prior notice.

Complaints and questions about the Service should be directed to EarthLink Customer Service at (800) 890-6356. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254.

Actions arising from this Agreement may be brought in an appropriate California small claims court.

14. REVISIONS TO THE AGREEMENT

EarthLink may revise, amend, or modify this Agreement from time to time. Notice of any revision, amendment, or modification will be posted on EarthLink's web site located at http://www.earthlink.net/about/policies and/or on your start pages and/or by email and/or in our various publications and mailings to your primary EarthLink email account and will be effective on the date noted in the posting. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of EarthLink. By continuing to use the Service after the amendments are effective, you accept and agree to abide by them.

15. MISCELLANEOUS

You may not assign your rights or delegate any of your duties under this Agreement without the prior written consent of EarthLink, and any attempted assignment or delegation without such consent will be void. If one or more provisions of this Agreement will be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired thereby. EarthLink will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of EarthLink as reflected in the original provision. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. EarthLink may subcontract any work, obligations or other performance required of EarthLink under this Agreement without your consent. EarthLink will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a government in its sovereign capacity, acts of war, terrorism, acts of a public enemy, fires, earthquakes, acts of God, labor disputes, strikes, work slow-downs or other labor-related activity.

Version 11-02-2009