Lightpath Services:  All services ordered by Customer from Lightpath shall be subject to Lightpath’s acceptance of the Service Agreement listing the services and fees associated with the requested service.  All product and technical descriptions may be viewed at: www.optimumlightpath.com. Optimum Lightpath services are subject to the following terms and conditions, including those documents identified below and included in these terms and conditions by reference. All Lightpath services are subject to availability and credit approval.

Term:  The term (“Initial Service Term”) shall be the period of time listed on the Service Agreement. Upon expiration of the Initial Service Term, the term shall continue on a month-to-month basis until 30 day notice of termination is sent by one party to the other party.

Payment Terms:  Customer will be responsible for the rates listed in the Service Agreement and all applicable local state and federal taxes, charges and assessments and other applicable charges. Payment for services is due within thirty (30) days of the invoice date. Failure to pay may result in discontinuance of service. In addition, Customer shall be subject to a finance charge of 1.5% per month on late payments over sixty (60) days. The provision of Service is subject to Lightpath’s continuing approval of Customer’s credit-worthiness and Lightpath may request a deposit or other assurances of payment from Customer.

New Build:  A “New Build” is a site to which service originates or terminates and to which Lightpath must build or construct new facilities or equipment in order to provide service. New Build installation shall be subject to, including but not limited to: Completion of Site Survey, Municipal Permits, Right-of-Way Pole licensing, Landlord Consent, Facility/Property Access, and conditions outside of Lightpath’s control.

Early Termination - New Build:  If Customer terminates any service prior to the installation date, Customer shall reimburse Lightpath for all reasonable direct costs incurred by Lightpath prior to Customer cancellation of such Service, including any Network Extension charges listed on the Service Agreement form. In addition, Customer shall be liable for: (a) 100% of the monthly recurring charges times the number of months remaining in the Initial Service Term if the Customer terminates in the first year of the Initial Service Term; (b) 75% of the monthly recurring charges times the number of months remaining in the Initial Service Term if the Customer terminates in the second year of the Initial Service Term; or (c) 50% of the monthly recurring charges times the number of months remaining in the Initial Service Term.

Early Termination - Non-New Build:  If Customer terminates any service prior to the Start of Service Date, Customer shall pay the Installation Fees listed on the Service Agreement. If Customer terminates any service prior to the expiration of the Initial Service Term after the Start of Service Date, Customer shall pay a termination charge equal to the applicable monthly recurring charges for the balance of the 12 month minimum service period, or in the event that Customer has agreed to an Initial Service Term in excess of one year, Customer shall be liable for a termination charge equal to 50% of the monthly recurring that charges for the remainder of the Initial Service Term.

Customer Not Ready/Service Delivery Delay:  In the event that Customer is not ready “CNR” for Lightpath to deliver Service and/or complete installation to the Lightpath demarcation point on the projected installation date, Customer must reschedule delivery of Service with Lightpath no later than ten (10) business days from the original due date. If the Customer does not allow Lightpath to complete installation within ten (10) business days from the original due date, Lightpath will invoice the Customer, a “Customer Not Ready Fee” equivalent to the monthly recurring charges for the Services under this Agreement.

Service Level Agreement: The Service Level Agreement (“SLA”) for Lightpath Services sets forth the Customer’s sole remedies for any claim relating to the Service including any failure to meet any guarantee. The Service Level Agreements (“SLA”) for specific Lightpath Services are set forth at www.optimumlightpath.com/media/sla.pdf

Customer Proprietary Network Information: Lightpath's Privacy Policy is found at www.optimumlightpath.com/media/A_PrivacyNotice.pdf. Lightpath’s procedures for implementing this policy are attached in the Security Procedures Document.

Acceptable Use Policy:  Use of Lightpath services must comply with the most current version of the Lightpath Acceptable Use Policy which is incorporated into and made part of this Agreement may be viewed here.

Additional Terms and Conditions for Non-Tariffed Services:  Service purchased pursuant to this Service Agreement, specifically Lightpath Internet Services, Service delivered with IP trunking, Hosted Service and any other Service not currently offered pursuant to the state tariffs filed by Lightpath (or its affiliates as appropriate) or the Regulations and Schedule of Charges posted on Lightpath’s website are subject to the terms and conditions found under the "Additional Terms and Conditions for Non-Tariffed Service" here.

All other Services, including the Voice portion of the voice Bundle, are subject to the terms and conditions set forth in Optimum Lightpath’s Regulations and Schedule of charges (including affiliates as appropriate) and state tariffs, found at:

Regulations and Schedule of Charges

New Jersey tariff

New York tariff

Connecticut tariff

Entire Agreement: The Service Agreement including the terms and conditions listed above, Statement of Work Attachment and those documents identified above constitute the entire agreement between the parties concerning Lightpath services and supersede all other representations, understandings or agreements which are not fully expressed herein, whether oral or written. No amendment to this Agreement shall be valid unless in writing and signed by all parties.