MEDIACOM WEBSITE TERMS OF USE

This website is provided by Mediacom Communications Corporation and its controlled affiliates ("Mediacom”).

Your use of and access to this website (or any replacement, successor or mirror website, if any) are subject to the following Website Terms of Use (“these Terms”). You acknowledge that you have read and understand these Terms and agree to be bound these Terms with respect to your use of and access to this website, or any replacement, successor or mirror website.

If you do not wish to be bound by any or all of these Terms, you may not use or access this website.

Mediacom reserves the right to modify, supplement, replace or otherwise change these Terms, in whole or in part, at any time and periodically. Such modifications, supplements, replacements or changes shall be effective immediately when posted on this website. You agree to be bound by any such modifications, supplements, replacements or changes if you use or access this website after Mediacom has posted notice of such revised terms. You should regularly review these Terms to be sure that you are aware of, and are in compliance with, the most recent version.

Mediacom reserves the right, in its sole and absolute discretion, to deny access to, or use of, this website, in whole or in part, to anyone for any reason at any time. Mediacom reserves the right, in its sole and absolute discretion, to discontinue this website (or any replacement, successor or mirror website, if any) and to change or supplement these Terms at any time and from time to time, without notice to you or your consent.

Use of Website

This website is intended for use by persons who are at least 18 years old, for personal and non-commercial use and for legal and legitimate purposes only. Without limiting the generality of the foregoing, you may not use or access this website to directly or indirectly:

• Violate (or be in violation of), any federal, state, local, foreign or international law, regulation or other governmental requirement.
• Misappropriate the funds, property or data of any person.
• Violate the copyrights, trademarks, trade secrets, patents or other property rights of any person, including, but not limited to, by downloading, reproducing, using or distributing any music or other audio files, video, photographs, or other visual material or any article, publication or other content without the permission of the owner.
• Use any of the corporate or business names, logos or trade or service names or marks of Mediacom or any of its affiliates, licensors, contractors or suppliers without the specific and express authorization to do so by a written with Mediacom or the owner of such name, logo or mark.
• Defraud, slander or defame any person. Fraudulent activities include, but are not limited to,  impersonating any person or entity or forgoing anyone else’s digital or manual signature.
• Violate any person’s privacy rights or use any person’s name, image or likeness in violation of that person’s so-called “publicity rights” or other legally protected rights.
• Threaten, harass or intimidate any person or create any nuisance.
• Violate any other legal rights of any person.
• Transmit, receive or store child pornography or any other illegal material.
• Intentionally spread any computer virus or other harmful software or programming.
• Conduct or participate in illegal gambling or lotteries.
• Run a “pyramid” scheme, commit other fraud or engage in other acts of deceptive acts or practices.
• Engage in theft or unauthorized use of funds, property or credit card or other personal information.
• Gain or attempt to gain access to or use any person’s network, system, computer, services, servers, resources, software or data without knowledge and consent of Mediacom or such other person (as the case may be). Examples of prohibited activities include, but are not limited to, hacking, cracking into, monitoring or using networks, systems or Internet resources without authorization or accessing or using data not intended for you.
• Use or attempt to use this website in any manner that could damage, disable, overburden, impair or otherwise harm the services, data, servers, systems, network, software or resources of Mediacom or other person.
• Use, make available or distribute tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools.
• Access, download, store, post or disseminate offensive or seditious materials, including, without limitation, obscene, pornographic, indecent or hateful materials or materials constituting or encouraging conduct that violates any law, regulation or order.
• Send mass (spam) or other duplicative unsolicited email messages or advertisements (commercial or other), including without limitation, offers of products or services, investment opportunities, charity requests, petition for signatures, chain-mail or other solicitations. Conduct which directly or indirectly encourages, permits or relies on spamming or other duplicative unsolicited email, including without limitation, providing spam “support services” such as email dropboxes or sales of spamware.
• Restrict, inhibit or otherwise interfere with the ability of any other person to access, use or enjoy this website.
• Intentionally release any virus, worm or other harmful programming or item.
• Engage in any form of “denial of service” attack, as from time to time is generally understood within the Internet service provider industry, including, without limitation, flooding of a network, overloading a service, attempting to “crash a host or “mailbombing” or engage in other abusive practices.
• Mislead anyone as to your identity, including, without limitation, by pretending to be someone else, falsifying personal information or concealing your true identity.
• Harvest or otherwise collect information about others, including without limitation, email addresses.
• Solicit, attempt or help any person to do any of the foregoing, whether or not successful.

If you complete any order, registration or similar form on this website, the information you provide must be true, accurate and complete.

You agree that you will not impersonate any person or entity or misrepresent your affiliation or relationship with any person or entity.

Mediacom has no obligation to monitor or control postings, messages or transmissions made or accessed or received on this Website and expressly disclaims any responsibility for any offense or injury arising out of your or others’ access or dissemination of any content or material posted or transmitted. To the maximum extent permitted by applicable law, Mediacom reserves the right, without notice to you, to monitor content, material and transmissions periodically on this website and to disclose any information it learns as a result to governmental authorities or other third parties.

To the maximum extent permitted by law, Mediacom also reserves the right, without notice to you, to block, filter, remove, move or edit any postings that Mediacom deems unacceptable, undesirable or offensive or otherwise with or without cause.

The fact that Mediacom reserves the foregoing rights does mean that Mediacom has, and Mediacom disclaims, any control over or responsibility for or liability to you or any third party relating to your postings, messages, content, material, actions or omissions or those of any third party. The fact that Mediacom reserves the foregoing rights does not create any obligation to any third party to exercise them with respect to you or to you to exercise them with respect to any third party, nor does any exercise of any such right in any one or more instances create any obligation to exercise them in similar or other instances.

You acknowledge and agree that Mediacom may take any of the actions stated above without violating your rights and without incurring any liability to you as a result of any such action Mediacom takes or its consequences.

Privacy

Please see Mediacom’s “Website Privacy Policy” relating to the collection and use of personally identifiable information. Mediacom’s Website Privacy Policy is incorporated by reference herein. To read Mediacom’s Website Privacy Policy, click here.

Security

Users of this website are responsible for maintaining the basic security of their systems to prevent their unauthorized use or access by others. You agree that you are solely responsible for protecting the security of (i) any computer or device you use and any data stored or software installed on that computer or device and (ii) your identity, user names, passwords, credit card information or other information provided in connection with any use of this website.

You also agree that you are solely responsible for all activities that occur under your password or other credentials or account, and will keep your password(s) and other credentials and account information confidential. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

Software, email or other electronic messages or other content or material opened, downloaded or otherwise received through or by means of this website or linked websites may contain viruses or other harmful elements and you agree that it is your sole responsibility to take appropriate precautions to protect against damage to your computer, software, files and data. You agree that Mediacom shall have no liability whatsoever for any damage to or loss or destruction of any software, files or data resulting from any virus, bomb, worm or other harmful item. We recommend that you obtain and use reliable commercially available antivirus software; however, Mediacom does not warrant the effectiveness of any such software.

Copyright and Trademark Matters

The entire contents of this website are copyrighted under the United States copyright laws and may also be protected under the copyright laws of other jurisdictions and other United States and foreign laws. Mediacom reserves all rights regarding this Website and its contents.

The name “Mediacom Communications Corporation” and the corporate, limited liability company or other names of Mediacom’s affiliates are the property of Mediacom and its affiliates, respectively. “Mediacom” is a registered trademark and “Mediacom Digital,” “Mediacom Online,” “Mediacom Phone” “Mediacom OnDemand” and all other trademarks, service marks, trade names and logos that appear on this Website and incorporate the word “Mediacom” are owned by Mediacom or its affiliates. All other trademarks, service marks, logos and trade names appearing on this website are the property of their respective owners and may be protected by United States or foreign laws. No right or license to use any trademark, service mark, trade name or logo appearing on this website is granted, whether expressly, by estoppel, implication, usage or otherwise.

Users of this website or any Mediacom services are required to respect the intellectual property of others. Mediacom, in its discretion, may disable use and/or terminate the accounts of users who infringe the intellectual property rights of others, who any third party alleges has infringed or is infringing any such rights or who we believe in good faith has infringed or is infringing any such rights. You agree to promptly provide information that Mediacom reasonably requests related to any claim that your content or activities infringe the rights of any third party.

If you are a copyright or trademark owner and you believe that any materials posted on this website infringe your copyright or trademark, please consult Mediacom’s “Copyright and Trademark Policy” for instructions on how to file a notice with Mediacom. To read Mediacom’s Copyright and Trademark Policy, click here.

Except as may be expressly and specifically authorized by Mediacom, you may not modify, copy, distribute or create derivative works based on this website or any of its content, in whole or in part.

You may link to the homepage of our website provided that the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by Mediacom.  Mediacom reserves the right in its sole discretion to withdraw permission to such linking.  Mediacom does not permit framing or deep linking to this website or any portion of it.

Software

In connection with some or all of Mediacom’s subscription-based services or otherwise, Mediacom may periodically require or permit subscribers to any such service or users of this Website to download, install or use software, firmware or computer programs and related documentation or technical information that is (or is claimed as) the intellectual property of Mediacom or one of its affiliates, licensors or suppliers (“Software”). Each such subscriber’s or user’s use of any such Software is governed by the terms of Mediacom’s applicable customer, subscriber or user agreement and any additional terms or end-user license agreement with Mediacom or third party who supplies such Software, or component of Software, that accompanies or is included with any Software or that may be specified by Mediacom, as they be periodically modified or replaced ("Additional Terms"). An end-user may not download, install or use any such Software unless he or she agrees to be bound by the terms of such customer, subscriber or user agreement and the applicable Additional Terms, if any.

Linked Websites; Content of Third Parties

These Terms only govern your use of and access to this website and no other website. The fact that Mediacom, through this website or its other websites, periodically provides link(s) to non-Mediacom websites or offers, advertises or promotes the products or services of third parties does not mean that Mediacom endorses or accepts responsibility for the content or use of such website or such products or services or assumes any liability for the acts or omissions of any such third party. The provision of such links, offers, advertisements or promotions are for your convenience only and you access them at your own risk. Mediacom may, at its sole discretion, at any time discontinue the provision of any such link, offer, advertisement or promotion, without notice to you and without any liability to you.

Without limiting the generality of the foregoing, your correspondence or business dealings with, or participation in promotions or offers of, advertisers or other third parties found on or through this website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party. You agree that Mediacom shall not be responsible or liable for any claim, loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on this website.

You assume all risk of accessing content on or through this website. Mediacom does not assume any responsibility for the content of any third party contained on or accessible through this website or for removing or preventing access to any harmful, inaccurate, unlawful or objectionable content originating with or provided by any third party, and Mediacom disclaims any liability for any claims relating to such content or any failure to remove or prevent access to any such content. Questions or complaints about such content should be addressed to the content provider.

DISCLAIMER OF WARRANTIES

UNLESS OTHERWISE EXPRESSLY AGREED BY MEDIACOM IN WRITING, THIS WEBSITE, ITS CONTENTS AND ALL SOFTWARE OR OTHER MATERIALS POSTED ON OR OBTAINED THROUGH THIS WEBSITE ARE PROVIDED "AS IS." USE OF AND ACCESS TO THIS WEBSITE, ITS CONTENT AND SUCH MATERIALS ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDIACOM AND ITS AFFILIATES, AGENTS, LICENSORS, CONTRACTORS, SUBCONTRACTORS AND SUPPLIERS, AND THE RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OF EACH OF THE FOREGOING (“MEDIACOM PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES:

• OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
• AS TO LACK OF VIRUSES OR OTHER HARMFUL EVENTS OR COMPONENTS,
• AS TO ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR SECURITY OF DATA, INFORMATION, RESPONSES OR RESULTS,
• OF TITLE OR NON-INFRINGEMENT,
• OF ADEQUACY OR SUITABILITY OF THIS WEBSITE TO MEET YOUR OR ANY PERSON’S NEEDS OR DESIRED EFFECTS,
• THAT THE WEBSITE, CONTENT, MATERIALS OR ANY RELATED EQUIPMENT, FUNCTIONS, SOFTWARE, PROGRAMMING OR OTHER ITEM, SYSTEM, NETWORK, SERVER (S) OR RESOURCE WILL BE ERROR FREE, AVAILABLE, FUNCTIONAL, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED,
• THAT ANY COMMUNICATION, DATA, FILE SENT BY OR SOUGHT TO BE ACCESSED BY YOU OR ANY OTHER PERSON WILL BE TRANSMITTED OR RECEIVED SUCCESSFULLY, AT ANY PARTICULAR SPEED, WITHIN ANY PERIOD OF TIME, WITHOUT INTERRUPTION OR IN UNCORRUPTED FORM, IMPLIED OR RESULTING FROM COURSE OF DEALING OR COUSRE OF PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

EXCLUSIONS AND LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE MEDIACOM PARTIES ARE RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON OR ENTITY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR FOR ANY OTHER DAMAGES (HOWEVER DENOMINATED) FOR OR BASED ON OR MEASURED BY HARM TO BUSINESS, LOST REVENUES, LOST SAVINGS, LOSS OF OR ON ANY INVESTMENT, LOST PROFITS, LOSS OF OPPORUTNITY, LOSS OF USE, LOSS OF DATA, LOSS OF GOODWILL, COSTS OF REPLACEMENT GOODS OR SERVICES OR OTHER INDIRECT OR CONSEQUENTIAL LOSS, HARM OR DAMAGES.

THE FOREGOING EXCLUSION SHALL SURVIVE THE UNENFORCEABILITY OR OTHER FAILURE OF ANY PROVISION OF THESE TERMS THAT PURPORTS TO EXCLUDE OR LIMIT LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE MEDIACOM PARTIES ARE RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON OR ENTITY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR FOR ANY OTHER DAMAGES (HOWEVER DENOMINATED) THAT DIRECTLY OR INDIRECTLY RESULT FROM OR ARISE OUT OF:

• ANY ALLEGATION, CLAIM SUIT OR OTHER PROCEEDING BASED ON A CONTENTION THAT USE OF THIS WEBSITE OR OTHER MEDIACOM WEBSITE BY YOU OR ANY THIRD PARTY INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY PERSON,
• THE PRESENCE, INTRODUCTION OR EFFECTS OR CONSEQUENCES OF ANY VIRUS OR OTHER HARMFUL EVENT OR COMPONENT,
• ANY PERSON’S ACCESS TO OR USE, MISUSE, THEFT OR DISCLOSURE OF THE COMPUTER, OTHER EQUIPMENT, DATA, FILES OR OTHER INFORMATION OF ANY PERSON,
• ANY WEBSITE, CONTENT, MATERIAL, ACTS OR OMISSIONS OF ANY PERSON (OTHER THAN THOSE OF THE MEDIACOM PARTIES),
• ERRORS OR DEFECTS IN OR DESTRUCTION OR DAMAGE TO ANY EQUIPMENT, SOFTWARE, DATA FILES, CONTENT OR OTHER ITEMS USED IN CONNECTION WITH THIS WEBSITE,
• THE COMPUTERS, EQUIPMENT OR SOFTWARE THAT YOU SELECT AND USE TO ACCESS THIS WEBSITE,
• INTERRUPTIONS, DELETIONS, DEFECTS, ERRORS, DELAYS OR OTHER MISTAKES RELATED TO YOUR USE OR MISUSE OF THIS WEBSITE,
• THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS,
• RELIANCE ON OR USE OF THIS WEBSITE OR DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE,
• ANY MATTER, ACTION RESULT CONSEQUENCE OR OTHER THING THAT ANY PROVISION OF THESE TERMS STATES IS YOUR RESPONSIBILITY OR RISK OR STATES THAT SOMETHING FOR WHICH MEDIACOM IS NOT RESPONSIBLE OR LIABLE OR DOES NOT HAVE AN OBLIGATION, OR
• ANY OTHER MATTER, ACTION, RESULT, CONSEQUENCE OR OTHER THING.

THE LIABILITY OF MEDIACOM, INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO MEDIACOM FOR THE USE OF THE WEBSITE.

THE FOREGOING EXCLUSION SHALL SURVIVE THE UNENFORCEABILITY OR OTHER FAILURE OF ANY PROVISION OF THESE TERMS THAT PURPORTS TO EXCLUDE OR LIMIT LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, MEDIACOM’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Each of the disclaimers of and limitations on liability or damages contained in these Terms shall independently apply regardless of (i) the form of action (including any action in contract or based on warranty, negligence, tort, strict liability, statute or otherwise) or (ii) whether a person was informed or aware of, or otherwise could have an

Claims Must Be Asserted Within One Year After They Arise

To the maximum extent permitted by applicable law, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website, these Terms, any Additional Terms or our privacy policy for this website must be filed within one year after such claim or cause of action arose or be forever barred.

Your Indemnification Obligations

You agree to indemnify, defend and hold harmless, each of the Mediacom Parties and any third-party information providers to this website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms. Mediacom reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Mediacom in asserting any available defenses.

Jurisdictional Issues

These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Mediacom brings to enforce these Terms or, in connection with, any matters related to this website shall be brought only in either the state or Federal Courts located in New York County, New York, and you expressly consent to the jurisdiction of said courts.

Severability

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable by a court with jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the intention of such provision, and the validity and enforceability of the other provisions of these Terms shall not be affected.

Entire Agreement

These Terms represent the entire agreement between the parties relating to the matters contained herein and may not be modified except in writing, signed by Mediacom.

You also may be subject to additional terms and conditions that may apply if you use any Software, content, products or services that Mediacom or a third party makes available on or through this website.

The failure of Mediacom to exercise or enforce any right or remedy or any provision of these Terms shall not constitute a waiver of such right, remedy or provision.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

Information About “Safe Surfing” and Children’s Use of the Internet

The Internet is a tremendous resource that is used responsibly by millions of people every day. Unfortunately, it is sometimes abused. Information from the Federal Trade Commission about tips to parents about protecting their children’s online privacy, click here: www.ftc.gov/kidzprivacy/adults.htm. While we are providing this link, we are not responsible for the content of any of the Commission’s publications and do not guarantee that the tips or suggestions made will be effective for the intended purposes.

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