Common use of Telephony Clause in Contracts

Telephony. EarthLink will not provide any IP telephony that could reasonably cause or causes TWC to become subject to regulation as a provider of a telecommunications service by any state public utilities commission or the FCC or other governmental or judicial authority or agency. TWC shall not be required to provide any quality of service commitments for any IP telephony. If TWC incurs a tax or fee as a result of any provision of IP telephony by EarthLink on the EarthLink High-Speed Service, EarthLink, at its sole discretion, will either (a) cease offering IP telephony on the EarthLink High-Speed Service to the extent necessary to avoid such tax or fee, or (b) pay its share (pro-rata with other Online Providers offering IP telephony services) of such tax or fee assessed on TWC or its facilities as a result of such IP telephony services.