XO Communications

From: M***, Ester Sent: Thursday, September 21, 9:AMTo: [redacted] Subject: Revdex.com Complaint # [redacted] *** XO Communications ("XO") received complaint # [redacted] filed by [redacted] on behalf of [redacted] [redacted] ***(Complainant") regarding the refund of $ In the effort to resolve this matter, XO reached out to the Complaint via telephone to advise him of the delay due to system migration XO will remain in contact with the Complaint until receipt of the check is confirmed Sincerely, Regulatory Grievances Team XO Communications [redacted]

XO hereby responds to the request for additional information for Complaint ID # [redacted] for P [redacted] B [redacted] Please see the attached Service Order Agreement (“SOA”) for XO product, IP Flex 3Mbps, with an effective service start date of 5-10- for year renewable terms Complainant has not completed the initial term of this agreement, however, XO has agreed to offer a 50% discount for applicable Early Termination Liability (“ETL”) charges should Complainant decide to disconnect services before the end of the current term of 5-10- Please reference section of XO’s Terms and Conditions that can be located at AGREEMENT TERM, TERM RENEWAL, AND TERMINATION/DEFAULT Termination of Agreement by Either Party; Renewal: The initial term of Service shall be as set forth in the SOA, MSOA or WMSOA (“Initial Term”) and shall begin on the Start of Service DateIf no Initial Term is set forth in an SOA, MSOA or WMSOA, the initial term of Service shall be one (1) yearIf neither: Company notifies Customer of its intent not to renew the Agreement or any Service(s) provided pursuant to the Agreement, nor the Customer requests disconnection of Service(s) before the end of the Initial Term or any renewal term, then the Agreement and Service(s) provided pursuant thereof, unless otherwise provided in a SOA, MSOA or WMSOA, shall automatically renew for an identical term pursuant to the rates, terms and conditions contained in the AgreementCompany, from time to time, will notify Customer in writing by bill message insert or otherwise of the automatic renewal pertaining to the Agreement and Service(s)Except as set forth below, if Customer elects not to renew the Agreement or any Service provided pursuant to the Agreement for an identical term, Customer must, at least forty-five (45) days prior to the expiration of the then current term: (1) execute a new Agreement; or (2) request disconnection of Service(s)In the event Customer elects to disconnect Service(s), Customer will continue to be billed for such Service(s) up to and including the requested disconnection date, but for no less than forty-five (45) days from the date of Company’s receipt of Customer’s disconnection request, except as set forth belowCustomer may not place a disconnection request more than ninety (90) days prior to an actual disconnection date and will be responsible for all charges incurred up to and including the date of disconnectionIf Customer is committed to subscribe to Service for a minimum term or for a minimum committed usage amount, and Customer terminates the Agreement (and Service) by requesting disconnection of such Service(s) before the end of the Initial Term or any renewal term or prior to satisfying the minimum commitment, Customer will be subject to any applicable termination or underutilization chargesIn addition, if the Agreement and Service(s) are terminated for cause by Company, Customer will be required to pay any applicable early termination or underutilization chargesIf the term of the Agreement is month-to-month, either party may terminate the Agreement (and Service) by providing the other party with written notice of termination at least thirty (30) days prior to the intended termination dateExcept as otherwise limited by state law, a thirty (30) day notice period will apply in lieu of the forty-five (45) day notice period to: (1) Wholesale Services Customers; (2) tariffed services provided in Minnesota, New Jersey, Pennsylvania and Washington; and (3) customers of tariffed or non-tariffed services in California Sincerely, [redacted] XO Communications [redacted]

[A default letter is provided here which indicates your acceptance of the business's response If you wish, you may update it before sending it.] Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and find that this resolution is satisfactory to me provided the check is, in fact, mailed to me within the time-frame specified by XO Communications Regards, [redacted]

Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this does not resolve my complaint For your reference, details of the offer I reviewed appear below The company did not provide competitive rates or offer higher bandwidth at all They wanted $fee to reduce the bandwidth They offered no solution and wanted us to pay a $fee to terminate the agreement They do not value customer service and were very difficult Regards, [redacted] ***

XO Communications (“XO”) hereby responds to Complaint ID # [redacted] filed by [redacted] on behalf of P [redacted] B [redacted] Complainant contracted for services with XO via multiple service order agreements (“SOAs”) Complainant has upgraded and extended the term of services with XO three times since 2006, and the current SOA was effective 5-10-with a year renewable term ending on 5-10- XO provides services at contracted rates significantly reduced from its monthly rates for customers that commit to longer terms, and per the terms and conditions of the SOA, Early Termination Liability fees (ETLs) apply if the SOA is terminated prior to the end of the contracted term XO values its customer relationship with Complainant and strives to provide excellent service XO’s records show no evidence of extensive troubles or outages reported with Complainant’s services, with only trouble tickets entered in during the current term of the SOA Upon Complainant’s request, XO has provided multiple competitive rate proposals for increased bandwidth for Complainant’s service; however, Complainant has declined these offers In addition, due to Complainant’s good standing as a customer, XO has offered to reduce the applicable ETLs by 50% should Complainant decide to terminate the SOA prior to the end of the term XO stands ready to discuss these options further with Complainant Sincerely, [redacted] XO Communications [redacted]