XO Communications

I. General Principles:

Personal privacy is important to XO. We respect the privacy of every individual and take reasonable measures to protect the privacy of information provided to XO by others. The personal information collected by XO falls into two basic categories: (1) information collected from and/or provided by web-site visitors to the XO Sites; and (2) information collected about Customers. Third-party service providers or those whose sites may appear on the XO Sites may also collect personal information; however, their practices are not necessarily within the control of XO.

XO employees are subject to the XO Business Ethics Guidelines which include, among other things, compliance with legal requirements and company policies relating to the privacy of communications and the security and privacy of Customer records. XO employees are expected to abide by this policy and follow applicable laws, rules, regulations, and court or commission orders that apply to our business. Employees who fail to meet the standards embodied in the Guidelines may be subject to disciplinary action, up to and including dismissal.

A. Information Collected Via the Internet

The information available to XO when a web visitor is on an XO Site helps XO to improve the quality and usefulness of our sites. In general, XO gathers some generic information automatically to make the XO Sites more helpful to visitors. Generic information does not reveal the identity of a visitor, and usually consists of the Internet address assigned to the visitor's computer, the number and frequency of visitors, the XO Sites visited, etc. XO accomplishes this by using certain technologies, such as web log analysis, data-tagging tools and/or "cookies. " These technologies can be used to provide the visitor with tailored information about XO services and help make our sites more responsive by helping to personalize each visitor's experience. XO does not combine information collected in this way with any personally-identifiable information. If you don't want to accept cookies, you can set your browser to notify you when you receive a cookie and so that it can be refused or accepted. Refusing cookies may, however, make certain features on XO Sites unavailable.

Of course, some activities require personal information -- when making a purchase, enrolling for a referral program, using a credit card to pay for services, submitting a resume, requesting certain types of information, sending an e-mail to an XO Site, etc. (when provided by web visitors who are or become Customers as a result of their visit to an XO Site, such information will thereafter be treated as Customer information, see below). On those sites where visitors voluntarily submit questions, comments, feedback, suggestions, ideas or the like, XO will treat that portion of the information as non-confidential and non-proprietary and assumes no obligation to protect such information from disclosure.

Whenever personal information is provided on an XO Site, it will be used for the specific purpose or to respond to the specific request for which it was given. In most cases, there is the opportunity to select whether XO may, or may not, use this information for additional purposes. Individuals may also request that XO not use their information for certain purposes by clicking on http://www.xo.com/contactpreferences/ and updating contact preferences. XO continues to have, and reserves the right to send Customers service updates, bulletins and other important information about their XO services.

Absent any instructions limiting the use of a visitor's information, XO may use the contact information provided by visitors to XO Sites to provide information about additional services and products offered by the XO family of companies, XO authorized agents, and other goods and services providers with whom XO has relationships and whose offerings might be of interest to visitors. XO will not, however, sell or trade a visitor's personal information unless we are authorized by you or legally required to do so, or in the case of imminent physical harm to the visitor or others.

Information disclosed in a public space, including on any bulletin board, chat room, or website XO hosts for Customers as part of XO services is available to anyone else who visits that space. XO cannot safeguard any information that is disclosed or stored in these locations. Additionally, XO websites contain links to sites that belong to third parties unrelated to XO. XO assumes no responsibility for the content accessible on such sites or the privacy practices of those content providers and recommends that visitors to those sites review the privacy policy statements of those sites.

B. Information Collected from Customers

1. Customer Information Collected by XO

When enrolling for or purchasing services from XO, or participating in a business referral program, Customers may be required to provide some or all of the following information in order to establish an account and order services: Name; Service Delivery Location/Address; Billing Address; Account Number; Credit card number; Phone or Fax Number; and Email Address. For account security, verification or tax purposes, XO may also request: Date of birth, Social Security Number or Driver's license number of the person placing the order or making a service request. For corporate accounts, XO may also request the Company/Customer name, Federal Tax ID, and other information a company Customer/employer may ask XO to collect, such as purchase order number, employee number and job title of the individual responsible for business account administration.

2. How XO Uses Customer Information

XO needs the Customer information it collects from telephony and data Customers to process orders, provide and bill for services. XO may also share necessary information with outside parties, such as third party vendors or shipping companies, to complete an order.

In the normal course of providing local and long distance telephone services, XO collects and maintains this information which, when matched with detailed Customer call activity, calling patterns, class or type of service, technical characteristics, long distance and local service billing records, directory assistance charges, and other information is known under Federal Communication Commission ("FCC") regulations as Customer Proprietary Network Information ("CPNI").

Absent any restrictions on our use of CPNI or instructions from you otherwise, XO may use Customer information and/or CPNI to provide information about additional services and products offered by the XO family of companies, XO authorized agents, and other goods and services providers with whom XO has relationships and whose offerings might be of interest to Customers. XO will not, however, sell or trade CPNI or other contact information unless we are authorized by a Customer or legally required to do so. You may update your contact information and/or request that XO refrain from using your CPNI or other contact information for commercial purposes by contacting your Customer Care representative (information on contacting Care can be found at http://www.xo.com/forms/Campaign/Care/ContactCustomerCare/ContactCustomerCare.aspx. Restricting use of CPNI or opting out of receiving commercial communications from XO will not eliminate all XO marketing or other contacts about the Services provided to a Customer. Additionally, XO and its agents can and will use Customer contact information to get in touch with Customers if XO has trouble processing an order or needs to contact a Customer about a service or billing related matter. XO may also, where permitted by law or authorized by a Customer, provide this information to credit bureaus, or provide information and/or sell receivables to collection agencies, to obtain payment for XO-offered products and services.

3. Directory Information and Caller ID

Customers that subscribe to XO local telephone service are given the opportunity to request that their name, number and address be or not be published in directories, be made available through directory assistance or appear in "Yellow Pages" or other similar business directories. Such requests may require payment of additional fees. Please contact your local XO service representative for more information. Telephone service Customer's name and number may be, where available, transmitted and displayed on a Caller ID device unless caller has elected to block such information. Please note that Caller ID Blocking does not prevent the display of your number when dialing certain business numbers, 911, 900 numbers, or toll-free 800, 888, 877.

II. Email Addresses

XO collects email address information from Internet visitors and Customers (where voluntarily provided or required). XO will use your email address to respond to any email inquiry sent to XO, or to follow up on your visit to the XO Sites. From time to time, XO may send emails about XO products and services, or offers that XO believes will be of interest. XO may also share your email address with providers whom XO has a relationship with and who either provide XO-offered services or whose products or services may also be of interest. In all cases, we hope recipients will find this information useful, but if you do not wish to receive such email from XO, please indicate that you'd prefer not to receive such information or offers from XO when you provide your email address. You can always change your preferences by visiting http://www.xo.com/contactpreferences/ to update your contact preferences or by clicking on the "unsubscribe" link that we include in all of the commercial emails we send.

III. Exceptions and Limitations

There are times when, in order to comply with applicable laws, regulations, court or administrative orders, subpoenas or other matters, XO must disclose information. XO cooperates fully with state, local, and federal officials in any investigation relating to any content (including personal or private electronic communications transmitted to XO) or purported unlawful activities of any user of any XO Site or XO service, and takes reasonable measures to protect the proprietary rights of the XO Companies. If necessary to comply with law or cooperate with law enforcement activity, XO may disclose personally identifiable information of web visitors and/or Customers. XO reserves the right to, and will, share information when it believes, in its sole discretion, it is necessary to prevent unlawful use of communications services, when necessary to repair or restore network outages, in emergency situations (e.g. 911 calls; matters of public safety, etc) or to protect the security or integrity of the XO Sites or the XO Companies. In addition, XO may monitor the areas of communication of any kind (i) to satisfy any law, regulation, or government request (e.g. response to private or law enforcement-issued subpoena); (ii) if such disclosure is necessary or appropriate to operate XO (e.g. recording of Customer Care calls); or (iii) to protect the rights or property of XO or others (e.g. to prevent fraud, infringement of rights, etc).

Additionally, in connection with the potential sale or transfer of any of its interest in any XO Affiliate or XO Site, XO reserves the right to sell or transfer visitor or Customer information to a third party that (i) concentrates its business in communication products or services; (ii) agrees to be XO's successor in interest with regard to the maintenance and protection of information collected and maintained by XO; and (iii) agrees to the material obligations of this policy statement.

IV. Security

XO utilizes technological and business efforts to keep Customers' personal information secure and confidential through safeguards such as the use of secure encryption technology during transmission of certain data, or by restricting physical access to systems on which personal information is stored by appropriate logon and/or password controls. Information collected from visitors and Customers is stored in databases XO controls directly or through contracts with service providers. Credit card information is used only to bill Customers for the products and services they receive. XO does not share credit card information except as may be necessary to process Customer transactions. On those XO Sites where you may provide XO with credit card or other ordering information via the web, XO employs customary web-based security and encryption protocols, examples of which include Secure Socket Layer (SSL) and Secure Electronic Transaction (SET), to secure transmission of that information. If your browser does not support use of such secure connections, or if you prefer not to send your credit card number over the Internet, you can place your order by calling us at the toll free number listed at www.xo.com/contact/sales (US only). However, as effective as modern security practices are, no physical or electronic security system is impenetrable. XO cannot guarantee the security of databases, nor can XO guarantee that information supplied by you will not be intercepted while being transmitted over the Internet.

V. Protecting the Privacy of Children

Protecting the privacy of the very young is uniquely important, particularly on the Internet. XO Sites are designed to provide commercial business information and allow service ordering and management by adults. XO Sites are not designed to attract minors, in particular children under the age of 13. XO does not market to or knowingly collect information from anyone under the age of 13. Children should always get permission from their parents before sending any information about themselves (such as their names, email addresses, and phone numbers) to anyone over the Internet.

rev. 09/28/05

Should you have any questions about this policy or your information held by XO, please contact the appropriate Customer Care representative. Information on contacting Care can be found at http://www.xo.com/forms/Campaign/Care/ContactCustomerCare/ContactCustomerCare.aspx. We will gladly address any questions you may have.
XO Customer Care