Acceptable Use Policy of WWW.XO.COM and all related sites owned, operated or controlled by XO Communications and Nextlink. ("XO website")

This site provides you the ability to learn about XO® and its products and services as well as the ability to access our network and services ("XO Services"). By using this site, and any other site owned and operated by XO, you signify your agreement to the terms, conditions and notices of this policy. "You" when used in this statement shall mean the XO Customer of record and XO Customer end users.

This Acceptable Use Policy is used in conjunction with the terms of your service agreement. Violating any of these policies grants XO the authority to take action to restrict or terminate your access to XO Services. We reserve the right, at our discretion, to update or revise this policy, any other policy or statement on any XO website, and any product offerings or programs described on any XO website. Please check back periodically to review any changes to this policy.

XO disclaims, to the maximum extent permitted by law, all warranties, representations or other endorsements, express or implied, with regard to the information accessed from, or through, this service, the systems which provide it and the Internet, including all warranties of merchantability or fitness for a particular use, or non-infringement of any third-party rights. XO does not assume any liability for the completeness, accuracy or usefulness of any information disclosed or materials accessed. In no event shall XO (or any persons or entities related thereto) be liable for any special, indirect, or consequential damages associated with or arising from use of this service in any way, including any loss of use, data or profits, regardless of the form of action. Any failure by XO to enforce this policy in every instance in which it might have application does not amount to a waiver of XO's rights

You must use this site and the XO Services in accordance with the terms of this policy and your XO Service Agreement, and in accordance with all federal, state and local laws, ordinances, and regulations.

In order to maintain an informative and valuable service that meets the needs of the users of this site and XO Services, the following rules have been established to protect against abuse.

Use of this site or XO Services for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of this site, the XO Network or XO Services or any other party's use or enjoyment of this site, the XO Network or XO Services, is strictly prohibited.

Specifically, you may not:

• Attempt to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any XO Services or those of any other party
• Interfere with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system
• Forge any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting
• Falsify address information or otherwise modify e-mail headers to conceal the sender's or the recipient's identity
• Use this site or XO Services to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider

Additionally, you may not, by use of any XO Service or another service, upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that, in XO's discretion:

• Infringes the intellectual property rights of any entity or individual
• Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason
• Is posted in violation of a newsgroup charter
• Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer
• Has a negative effect on XO or its network (including, without limitation, overloading servers on the XO Network; causing portions of the XO Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of XO, impose an unreasonable administrative burden on the company; etc).
• Constitutes unsolicited duplicative e-mail (commercial or otherwise)

• This prohibition extends to the sending of unsolicited and/or mass e-mailings from any XO account, or via another service which in any way (i) implicates the use of this site or XO Services, XO equipment or any XO e-mail address; (ii) that is relayed from any XO or third party's mail servers without permission; (iii) which employs techniques to hide or obscure the source of the e-mail; (iv) which are sent, or caused to be sent, to or through the XO Network that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing may be deemed to be counterfeit.
• A communication may be unsolicited if: (1) recipients' email addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from sender, or (3) recipients have opted out of receiving communications from sender when given notice of the opportunity to do so.
• Senders should: (i) confirm that the actual owner of each email address, particularly email that are part of a list, agreed to receive email and/or bulk email from the sender; (ii) include their email and/or physical address in any bulk mailings; and (iii) provide recipients with an effective means of removing their email from lists.

PLEASE NOTE: The transmission of unsolicited bulk e-mail, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, including those provided by the federal Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM") (P.L. 108-187) or Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.); the Virginia Computer Crimes Act (Va. Code Ann. § 18.2-152.2 et seq.) (amended effective July 1, 1999); the Washington Commercial Electronic Mail Act ( Wash. Rev. Code Chapter 19.190 et seq.); and any other applicable statutes and regulations.

XO reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the XO Network. XO reserves the right, without prior notice, to perform vulnerability tests on systems residing on IP address space belonging to XO which may be allocated for Customer use. The purpose of such testing includes, but is not limited to, testing of mail servers or proxy servers for unrestricted third party relaying. XO will use commercial reasonable efforts to ensure that such testing will not adversely affect Service provided to Customer or compromise the security of Customer's network. Customer may be required to correct any system vulnerability upon notification and/or suspend or terminate operations of a known compromised system.

Your participation in online communication or use of any XO service is not edited, censored or otherwise controlled by XO. However, XO reserves the right to monitor content on this site and any XO Services and to remove content, disable sites, or suspend or terminate services if XO, in its discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.

XO makes no representation that materials available on this site or any or through any XO service are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who access this site or any site hosted by XO from other locations are responsible for compliance with local law.

Copyright: All XO web site design, text, graphics and the selection and arrangement thereof are the copyrighted work of XO Communications. © 2000-2003. All rights reserved. If any pages, information or content is copied, it may only be copied for non-commercial uses and XO shall, in any event, retain all copyright and other proprietary interests therein.

Trademark: XO; the XO design logo; XOFFERINGS; XOPTIONS; XO NOT JUST TALK; XO TECHNOLOGY; EVERYTHING YOU WANT, EXACTLY WHAT YOU NEED; THEY CAN'T, WE DO; REMOTEHANDS; FULL-CHANNEL; FLEX-CHANNEL; MAGIC NUMBER; CONCENTRIC; NEXTLINK, and all other related names, design marks, product or feature names are either registered trademarks or trademarks of XO Communications. in the United states and/or other countries. XO marks may not be used without the express written permission of XO. All other products and services referenced in this site are the trademark or services marks of their respective owners.

Patents: Components of certain services provided by XO are subject to United States Patent No. 6,611,861

You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws protect all content and materials available on this site or through any XO service. Nothing on any XO website shall be interpreted or implied in such as way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to XO by virtue of it being displayed or made accessible on any XO website. Except as expressly authorized, you agree not to use this site or any XO Services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you may access, receive or make available through this site or any XO Services.

If you use a domain name or content in connection with the XO web hosting, or any other web hosting service, you must not use that domain name or content in any way which violates any trademark, service mark, or similar rights of any third party.

By posting or submitting content to any XO website, you:

• Grant XO the right to use, reproduce, display, adapt, modify, distribute and have distributed the content in any form, anywhere and for any purpose, subject to the XO Privacy Policy, which is incorporated in and made a part of this Policy; and,
• Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by XO will not infringe or violate the rights of any third party.

You must not use any programs that may or will interfere with another's use of this site or XO Services. You must not run any Internet Relay Chat ("IRC") robot on any IRC server which might interfere with the Services or otherwise violate this AUP. When logged into any IRC server, you must comply with the rules and policies established by that IRC's service administrator.

When accessing XO Services via dial-up, you must not use XO Services to operate server programs, including but not limited to, mail, IRC, ftp or Web servers. You must not use dial-up access on a standby or inactive basis in order to maintain a connection. The use of automated electronic or mechanical processes to maintain a constant connection, such as the use of an auto-dialer, persistent checking of e-mail or "pinging" the host, are prohibited.

This Authorized Use Policy is subject to, and shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia without regard to its choice of law principles, and any disputes hereunder shall be brought in the United States District Court for the Eastern District of Virginia.

The XO Terms of Service Agreement and Acceptable Use Policy prohibit acts of copyright and trademark infringement and other unlawful behavior by XO subscribers. XO takes subscriber violations seriously and will investigate complaints and, where appropriate, may remove content, disable sites, suspend or terminate services, or take other action as necessary. XO assumes no responsibility for costs incurred for defending or asserting a violation of the XO Terms of Service Agreement or Acceptable Use Policy.

General Complaints: Please send reports of any activity in violation of this Acceptable Use Policy to abuse@xo.com. XO will reasonably investigate incidents involving such violations. XO may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may result in criminal and civil liability.

Copyright/Trademark Infringement Complaints: If you believe that your copyright or trademark has been used by an XO subscriber without permission, such that the use may constitute infringement of your intellectual property rights, please see the instructions on how to send your claim.

Fraud Complaints: XO recognizes that acts of fraud can be and are committed over the Internet. XO encourages all Customers and Internet users to be vigilant about protecting their personal information, account numbers, id's, passwords, etc. As with non-Internet fraud, fraud complaints are best and most appropriately made to law enforcement authorities. If you believe you have been the victim of Internet fraud (either via the web or through email), XO encourages you to contact your local or state consumer protection authority, or one among several U.S. agencies that handle complaints about Internet fraud, including:

• Federal Trade Commission (FTC) Complaints about consumer fraud (e.g. related to retail, banking and other on line activity) can be filed with the FTC at https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=PU01;
• Internet Fraud Complaint Center (IFCC) is a joint effort of the FBI and the National White Collar Crime Center; complaints about Internet fraud may be filed with the IFCC at http://www.ifccfbi.gov/index.asp;
• Securities and Exchange Commission (SEC) complaints related to buying and selling of securities, and related on line activity, can be filed with the SEC Enforcement Division Complaint Center at http://www.sec.gov/complaint.shtml, as well as, your state securities regulators (to locate your state securities regulator, go to http://www.nasaa.org/QuickLinks/ContactYourRegulator.cfm)

Rev. 05/06/08