Last edited on Nov 1, 2023
THIS AGREEMENT HAS A “BINDING ARBITRATION CLAUSE” REQUIRING YOU AND MEDIACOM TO RESOLVE CERTAIN DISPUTES THROUGH ARBITRATION. SEE “ARBITRATION” SECTION 18 BELOW. |
Mediacom Bolt Fixed Wireless Internet Service Customer and User Agreement
Mediacom Wireless LLC, through its subsidiaries, provides "Fixed Wireless Internet Service" to Customers. As used in this document, the term:
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"Customer," "you" or "your" refers to any person who subscribes to the Service;
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"Fixed Wireless Internet Service," "Fixed Wireless Internet" or "Service" provides Customers and users Internet access service using fixed wireless equipment instead of hybrid coaxial-fiber cable.
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"Mediacom," "we," "us" or "our," means, for any Service of any specific Customer, the subsidiary or subsidiaries of MCC that provide such Service.
In addition to those terms contained in the body of this Agreement, the following additional terms apply to Customers purchasing and/or receiving the Service (together, this Agreement and these additional terms may be referred to as your "Bolt Customer Agreement"). Where applicable, and except as otherwise specified, these additional terms will modify the terms contained in the body of the Agreement solely with respect to Fixed Wireless Internet Service. In the event of a conflict between these additional terms and terms contained within the body of this Agreement, the terms that are most specific to the Service or issue in question will apply.
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Work Order. This identifies the Services you order and when they are installed or activated. It may be a service order, receipt, confirmation or other document given to you upon installation, an email, or a recording or written confirmation of a telephone conversation during which you order a Service or it may take some other form. The Work Order contains important terms and conditions to which you agree and are bound.
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Mediacom Bolt Privacy Notice. This describes how Mediacom collects, uses and discloses personal information about you. It is available online at https://mediacomcable.com/bolt-legal/bolt-privacy-policy.
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Mediacom Bolt Acceptable Use Policy (Bolt AUP). This explains Mediacom policies on use of Mediacom's Internet access service. The Bolt AUP applies to all users of Mediacom's Fixed Wireless Internet access service, even if not a party to your Agreement for that Service. It is available online at https://mediacomcable.com/bolt-legal/bolt-acceptable-use-policy.
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Mediacom Policies: These are Mediacom policies and practices that apply to one or more Services that we publish on a website or otherwise make available to our Customers.
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Other Terms. These are additional terms that apply to your Service, such as the price and characteristics of your Service. If you subscribe to a Service for a fixed minimum term, your commitment would be included in this category. This category may also include requirements imposed by third parties we rely upon to supply equipment, software or other items related to a Service.
If you also subscribe to Mediacom phone service, the provision and receipt of that service is governed by Mediacom's Residential Customer and User Agreement, which can be located online at https://mediacomcable.com/legal/residential-customer-and-user-agreement/. You should make sure that you read and understand these terms as well.
Subject to law and any express exceptions that we agree to in writing when you subscribe to a Service, Mediacom may, at any time and periodically:
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Institute new or increase or otherwise change fees and charges for the Service.
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Modify, supplement or replace the terms of this Agreement or any of its components or any other terms, policies, practices and procedures relevant to the Service.
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Make changes affecting Equipment or software as referred to in Section 3 below.
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Institute new or change the features, functionalities, characteristics and specifications of the Service, including by
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instituting or changing limits and restrictions that affect Service features and functionality, such as changing upstream or downstream speed, limiting the number and storage capacity of e-mail accounts, limiting usage of bandwidth or other resources or imposing additional charges if limits are exceeded; and
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changing the number, kinds or parameters of included features or services, such as r the amount of bandwidth that may be used in a given level of Internet access service.
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Make any other change relating to any Service contemplated or not expressly prohibited by your Agreement or applicable law.
Mediacom will give Customer at least ten days' advance notice of any such changes that materially adversely affect Customer's rights or obligations under your Agreement, except that shorter advance notice or no notice may be given if Mediacom believes that Mediacom or the Service might be adversely affected if longer notice were given.
SUBJECT TO ANY EXPRESS EXCEPTION REFERRED TO ABOVE, CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVENESS OF ANY SUCH CHANGE WILL BE YOUR ACCEPTANCE OF THAT CHANGE.
If you receive a Service under a promotion or fixed-term commitment with a set price for some specified period of time, we may modify the price only if and to the extent allowed by the terms of the promotion or commitment, but you will be subject to changes of the other kinds described above.
Any required or voluntary notice of any changes may be given by a posting at http://www.mediacomcable.com (or another web location of which you are informed) or via e-mail, postal mail or another appropriate means. You are responsible for periodically checking our website for any changes.
1. Some Basic Terms that Apply to your Service.
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1.1. Only Adults May Subscribe to Service: Customers must be at least eighteen years of age, or, if older, the age of legal majority in the state where the Services are received. An account must be opened in the legal name of the Customer.
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1.2 Our Right to Access Your Premises: You will allow us to enter your Premises to install, maintain or replace wiring or equipment and to make sure our services are properly operating and being delivered to you and for any other reasons associated with normal system operation or the provision of Services. If you stop receiving the Service, and Mediacom does not have an independent right to enter your property, you may terminate this access right by giving us one year’s advance notice. If you do not own the Premises, you must promptly obtain the consent of the owner and, upon request, give Mediacom evidence of that consent. After we install or remove equipment or wiring, you are responsible for any repairs or cosmetic corrections you desire. We have an obligation for repairs only if we cause damage because we performed our work negligently.
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1.3 Mediacom Reserves the Freedom to Decide the Kind and Amount of Resources Devoted to the Service: Subject to law, Mediacom reserves the right to determine and change, on an ongoing basis, the nature and extent of the facilities and resources devoted to support the Service. Mediacom will have no obligation or liability for its decisions, even if Service performance or other parameters are adversely affected.
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1.4 You Consent to Phone and Email Contact: You understand, consent and agree that Mediacom (and its authorized agents) may call, text or otherwise communicate with you for any lawful purposes, such as to talk to you about your account, about collecting any unpaid amounts due to us or about recovering any of our equipment you are obligated to return. Subject to applicable law, Mediacom may for such purposes:
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Contact you, during and after the term of this Agreement, using any telephone number (including a cell phone), email account or other physical or electronic address or means of contact that you provide to us, that we issue to you or that you use at any time to communicate with us regarding your Mediacom services or account;
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May make such contacts even if use of the particular method we choose results in extra charges for you (for example, charges for incoming text messages on your wireless phone);
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Make such contacts even if your numbers or accounts are included on state, federal or Mediacom’s own internal “do not call” or similar lists;
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Use any dialing method, including automated dialing systems or artificial or prerecorded voices and messages; and
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Leave messages, whether live or prerecorded, on any answering machine or recording function activated by a telephone call to any of your telephones with any of the numbers indicated above (including your cell phone).
You understand, consent and agree that Mediacom (and its authorized agents) may monitor or record any conversation or other communication with you.
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1.5 Monitoring Service Usage:You and each user of a Service (by his or her use) agree that Mediacom or our contractors have, to the maximum extent permitted by law, the right, but not the obligation, to:
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monitor usage of any Service, including monitoring the content viewed, uploaded, downloaded, posted or stored, or email or other communications made or received using your account or connection; and
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disclose any information as necessary or we believe to be prudent to satisfy any law or governmental request, to operate the Service or to protect or further the best interests of Mediacom and its affiliates and/or Customers generally.
Subject to law, Mediacom may refuse to permit you or any user to post, transmit, receive or store, and also may remove, any content, message or material that Mediacom deems unacceptable, undesirable, offensive or in violation of your Agreement, law or third-party rights.
Mediacom may require specific equipment, software or configurations to monitor Customer use.
The foregoing is intended solely to confirm your agreement that we may take these actions. Our possession of the rights granted under this section, our exercise or failure to exercise any such right or our action or failure to act on the basis of anything we observe does not mean that we have control over or responsibility for the content, communications, actions or omissions of Customer, other customers or other users or create any obligation or liability to you or any other person.
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2. Service, Requirements; Availability and Limitations.
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2.1 Service Requirements: To qualify for Fixed Wireless Internet Service, you must reside in an area where we provide the Service. The Service requires an outdoor antenna that is professionally mounted on or near the exterior of your service location. Other equipment may be required, see Section 3 “FIXED WIRELESS EQUIPMENT” below.
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2.2 Service Availability and Limitations:The Service will not be available in all areas at all times. Many factors can affect the availability and quality of your Service, including, but not limited to, network capacity, terrain, buildings, foliage, and weather. In addition, moving or changing the original location or position of the Fixed Wireless Equipment can affect the receipt and quality of the Service. The Service is delivered wirelessly to your home via towers in Mediacom’s network. Mediacom’s network is a shared resource and various factors can affect your use of the Service; please read Mediacom’s Open Internet Disclosure Statement at https://mediacomcable.com/legal/open-internet-disclosure/ for full details. These limitations may mean that the Service may be identified as available at the time of ordering but may not prove to be available at the time scheduled for installation or at some time after installation.
The Service is not compatible with analog services, including, but not limited to, wireless messaging services, alarm and security systems, fax machines, medical alert and monitoring services, credit card machines, IP/PBX Phone systems, or dial-up Internet. The Service may not be compatible with DVR/Satellite systems; check with your provider. Public IP addresses are not used or available through the Service. Services like Web hosting, or hosted services, such as cameras, gaming systems, peer-to-peer file sharing, etc., that require a public IP address are not supported.
THE SERVICE MAY BE INTERRUPTED, DELAYED, OR OTHERWISE LIMITED FOR A VARIETY OF REASONS, INCLUDING ENVIRONMENTAL CONDITIONS, UNAVAILABILITY OF RADIO FREQUENCY CHANNELS, SYSTEM CAPACITY, NETWORK MANAGEMENT, PRIORITY ACCESS BY NATIONAL SECURITY AND EMERGENCY PREPAREDNESS PERSONNEL IN THE EVENT OF A DISASTER OR EMERGENCY, COORDINATION WITH OTHER SYSTEMS, EQUIPMENT MODIFICATIONS AND REPAIRS, AND PROBLEMS WITH THE FACILITIES OF INTERCONNECTING CARRIERS. MEDIACOM IS NOT LIABLE FOR ANY SUCH INTERRUPTION, DELAY OR LIMITATION.
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2.3 Service Interruptions May Occur: Scheduled or unscheduled Service interruptions for maintenance, testing or other purposes may occur at any time, with or without notice
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2.4 Power Outages May Interrupt Services: The Service and Equipment do not have their own power source. You are responsible for obtaining a power source. A POWER OUTAGE AFFECTING YOUR PREMISES OR MEDIACOM’S NETWORK MAY INTERRUPT AVAILABILITY OF OUR SERVICE. THAT WILL ALSO RESULT IN AN INTERRUPTION IN THE AVAILABILITY OR FUNCTIONING OF DEVICES AND SERVICES THAT DEPEND ON OUR SERVICES, SUCH AS ACCESS TO 911 EMERGENCY SERVICES AND HOME ALARM OR HEALTH MONITORING DEVICES OR SERVICES.
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2.5 Ordinarily, You Will Not Be Entitled to a Refund, Credit or Other Compensation for an Interruption: Unless your Agreement expressly says something else, Mediacom will not be liable for any loss or unavailability of a Service due to any power failure, any scheduled or unscheduled interruption of Service, any act or omission by you or any third party not controlled by Mediacom, or any other reason, including failure of your equipment or software to be compatible with the Services, your failure to acquire new or additional equipment or software necessary for continued enjoyment of Services, or any loss or theft of or damage to any equipment. Except as expressly provided in Section 14 below, you will not be entitled to any refund or credit because of any such loss or unavailability.
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2.6 Changing Service Location: You may not use the Service at any address other than your Service address or move any of the Equipment to another address while you remain a Mediacom Bolt Customer. If you are moving to a new residence at which the Service is available, and you wish to continue using the Service, you may request that Mediacom install the Service and the Equipment at, and change your Service address to, your new residence, although we may require additional fees for any such installation and change
3. Fixed Wireless Equipment
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3.1 Depending on your Service address, your Service will include some or all of the following Equipment (the “Fixed Wireless Internet Equipment” or “Equipment”):
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Outdoor Antenna. The Outdoor Antenna provides an interface to Mediacom’s network. The Outdoor Antenna and the APS (described below) require electrical power from your service location to operate, which you are responsible for providing. Mediacom or its contractors will install your Outdoor Antenna. Once the Outdoor Antenna has been installed by Mediacom, you may not move the Outdoor Antenna to a different location or reposition at your address or any other address while you continue to receive the Service.
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Antenna Power Supply ("APS"). The APS provides power supply for the Outdoor Antenna; your unit has integrated lightning surge protection and two LED Indicators: Power and Outdoor Antenna connectivity. Mediacom or its contractors will install your APS. Once the APS has been installed by Mediacom, you may not move the APS to a different location or reposition at your address or any other address while you continue to receive the Service.
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Wi-Fi Router ("Router"). The Router is installed inside your premises and is required for you to receive Wi-Fi service within your home; it is not needed for the Service to function (to receive Internet access service). You may either rent a Router from Mediacom or purchase your own at retail. A Router allows multiple devices to connect and communicate to the Internet wirelessly. Smartphones, tablets and laptops are common devices that access the Internet through a Router. A Router resides indoors and has a power cord that plugs into a common electrical outlet. A battery backup is recommended in case of a power outage. Some Routers have an external battery backup while others have an internal battery backup. Mediacom or its contractors will install the Router. Once the Router has been installed by Mediacom, you may not move the Router to a different location or reposition at your address or any other address.
You agree that, while you continue to receive the Service, neither you nor a third party will move the Equipment within your premises or to any other physical location outside of the premises where it was installed by Mediacom. Mediacom Bolt Service is not designed to be nomadic and may not function properly if the Equipment is moved or altered by a non-Mediacom employee. If you require the Equipment to be moved while you continue to receive the Service, you must contact Mediacom. Failure to do so may result in a failure of the Service and/or in Mediacom’s termination of your Service.
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3.2 We May Change the Equipment: Mediacom has the right, but not the obligation, to upgrade, replace or otherwise change the Equipment. You agree that such changes may be made without advance notice or your specific consent and agree that they may be performed at your Premises or, if technically possible, remotely through downloads, at our option. In some instances, you may need to exchange or pick up new or additional Equipment. If you do not cooperate in making changes, the availability or quality of the Services may be adversely affected, up to and including loss of Service. The functionality of any equipment purchased at retail is not guaranteed or warranted by Mediacom. Additionally, any such changes to the Equipment may impair or eliminate the functionality of purchased equipment. Mediacom has no obligation to upgrade, repair, modify or accommodate any purchased equipment. Any changes to or replacement of purchased equipment will be your obligation and at your sole cost.
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3.3 Software: Mediacom grants you a limited, nonexclusive and nontransferable license to use software (including software from third party licensors) (collectively "Licensed Software") solely in connection with the Service. Software for mobile applications may only be used by an authorized user on a wireless device that is owned or controlled by such user. We may modify the Licensed Software at any time and for any reason, without notice, including through uploads. Your use of the Licensed Software is governed by this Agreement and Other Terms that may be provided to You by Mediacom or the third-party Licensor. Your right to use the Licensed Software terminates upon termination of this Agreement or upon written termination by Mediacom. Any software license granted to you herein is for the object code version of the Licensed Software only, is without the right to sublicense and shall terminate immediately upon any termination of this Agreement or the applicable Service. Without limiting your obligations under law, you agree not to copy, modify, adapt, alter, translate, create derivative works, reverse engineer (except to the extent allowed under applicable law), disassemble, decompile, or otherwise attempt to reconstruct, obtain or perceive the source code from which any component of the Licensed Software is compiled or interpreted, and you hereby acknowledge that nothing in this Agreement shall be construed to grant you any right to use or otherwise obtain access to, any such source code. You may not take any steps to defeat any security measures in the Licensed Software. You may not make any unauthorized use of any content available through any Licensed Software. Any reproduction, distribution, sale, sublicense, transfer or use of the Licensed Software not expressly permitted by this Agreement or any other applicable terms is expressly prohibited. The Licensed Software is licensed and not sold to you. Mediacom and its suppliers retain title to and ownership of the Licensed Software and other intellectual property rights in and to the Licensed Software.
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To the extent required by the license for the open source components of any Licensed Software (“Open Source Software”): (i) the terms of such license will apply to such Open Source Software instead of the terms of the license grant in this Agreement; and (ii) any restrictions prohibited by such license that are contained in this Agreement will not apply to such Open Source Software. Acknowledgements, licensing terms, and disclaimers for such Open Source Software are contained in a “Legal Notices” or similar screen.
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3.4 Responsibility for and Return of Equipment: Upon termination of your Service for any reason, Mediacom shall remain the owner of the Router (if rented from Mediacom), and you must return the Router, undamaged, within 30 business days to Mediacom. If the Router is not returned within 30 business days, or is returned damaged, you will be charged for the replacement value of the Router.
Although the Outdoor Antenna and APS will constitute Equipment while you subscribe to the Service, you will be considered the owner of the Outdoor Antenna and APS for all other purposes and you will not need to return the Outdoor Antenna and APS to Mediacom upon termination of your Service. Upon termination of your Service for any reason, the Outdoor Antenna and APS will remain where installed at your location and you will be solely responsible for any and all future service, care, maintenance and removal of the Outdoor Antenna and APS. Service, care, maintenance and removal of the Outdoor Antenna and APS should be performed only by an experienced professional; you should not attempt to perform such activities yourself. Mediacom shall have no ongoing duty, obligation, or responsibility to perform any service, care, or maintenance on the Outdoor Antenna and/or APS or to uninstall or remove the Outdoor Antenna and/or APS after termination of the Service. Mediacom shall have no liability to you or any other person or entity related to or arising out of the Outdoor Antenna and/or APS. You agree to indemnify and hold Mediacom and its subsidiaries, affiliates, officers, agents, licensors, employees, sub-contractors, and partners harmless from any claim or demand, made after termination of Service, arising out of or related to the Outdoor Antenna and/or APS, including, but not limited to, claims for personal injury, property damage, wear and tear, or equipment degradation.
4. You are Responsible for Third Party Charges you Incur.
The Service allows access, through the Internet, to third parties who offer goods, services, content and information. All charges incurred as a result are your responsibility. You also are responsible for protecting the security of identity, credit card or other information provided in connection with such transactions. Mediacom is not responsible for the websites, products, services, content, acts or omissions of third parties.
5. Medicom is not Liable for Loss of Data, However Caused.
Mediacom shall have no liability whatsoever for any damage to or loss or destruction of any of your software, files or data resulting from any cause.
6. You are Responsible for Protecting your System from Viruses.
Websites visited or data received through the Service may contain viruses. It is your sole responsibility to take appropriate precautions to protect against damage to or destruction of hardware, software, files and data. Mediacom may, but is not obligated to, run third party virus check software on your computer prior to installing software related to the Service. Mediacom does not represent or warrant that doing so will detect or correct any or all viruses. Mediacom may, but is not required to, suspend or terminate availability of the Service if a virus is found to be present on any user’s system or in any communications sent or received through the Service.
7. Unauthorized Access to your Computer and Files May Occur.
Inherent in Internet access is the risk that unauthorized persons will use your Service or gain access to your computer and to the software, files, personal information and other data stored or transmitted by you, install a “bot” on or otherwise “hijack” your computer“ or harm or misappropriate your computer, systems and files in some other way . Usage of the Service is at your sole risk, and you are responsible for the security of your computer, equipment, information and data traffic. Mediacom shall have no liability whatsoever if third parties intercept data transmissions by or to you or otherwise gain access to or misuse your computer, other equipment, files or account.
8. Mediacom May Act to Protect the Security of Mediacom's Network.
Mediacom reserves the right to take actions to protect the security and integrity of its network and resources that are consistent with applicable law.
9. You and your Family may be Exposed to Inappropriate Content.
There may be content available through the Internet which is illegal, violates third party property or other rights or is offensive. Mediacom is not responsible for the content contained on the Internet or otherwise available through the Service. Mediacom shall not be liable for any claims, losses, actions, damages, suits or proceedings arising out of, or otherwise relating to, such content. If you send or post materials using the Service, you are responsible for the material and confirm that you have all necessary rights to do so. You grant us, with no obligation to pay you, all rights we need to complete your transmission or posting and otherwise deal with the material in operating and administering our network and business. If we determine that the transmission or posting violates your Agreement, we may (but have no duty to) delete the materials, block access to them, cancel your account and pursue all other legally available rights and remedies.
10. Your Use of the Service may be Subject to Bandwidth, Data Storage and Other Limitations.
Mediacom may manage its network consistent with applicable law. Without limiting the generality of the foregoing or our rights under other provisions of your Agreement, we may at any time and from time to time, put in place and change:
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maximum throughput rates (sometimes referred to as upload or download “speed”), bandwidth usage limits or other defining characteristics of the Service, which may be different for each Service level, and
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additional terms to address usage that is not consistent with the limits or other characteristics of each Service level. For example, if we set or change a bandwidth-usage limitation that applies to your Service level and you exceed the limit, we may suspend your Service, charge you for your excess usage or take other specified measures. If you consistently exceed limits that apply to your Service level, you may need to subscribe to a higher-cost level to avoid these consequences.
We may monitor your bandwidth usage patterns and your compliance with your Agreement and our usage terms and policies. For further information please visit mediacomcable.com/bolt-legal/bolt-acceptable-use-policy/.
11. We do not Guarantee Speed or Other Service Characteristics.
The Service and the Internet utilize shared network facilities and not all facilities are owned or operated by Mediacom. The Service will attain the applicable maximum throughput rate (speed) only in bursts and not on a guaranteed or consistent basis. Mediacom does not guarantee or warrant speed, latency, bandwidth, access to particular content or Internet sites or compatibility of the Service with your or any user’s devices, operating systems or software. The foregoing does not limit the generality of any other disclaimer, exclusion or limitation of warranties or liability in your Agreement.
12. Prohibited Network Uses
Our network is a shared resource, which we manage for the benefit of all of our Customers. To ensure the activities of some users do not impair the ability of our Customers to have access to reliable services provided at reasonable costs, certain activities and uses are prohibited (Prohibited Network Uses). These Prohibited Network Uses are in addition to and not in lieu of the requirements set forth in Mediacom Bolt Acceptable Use Policy (Bolt AUP). We may take any and all reasonable actions necessary to restrict any Prohibited Network Uses, including those addressed in the Bolt AUP and/or any use in a manner that:
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Hinders other Customers' access to the wireless network;
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Involves the installation or similar mechanism to originate, amplify, enhance, retransmit or generate a radio frequency signal without our permission;
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Negatively affects our network or compromises network security or capacity;
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Excessively and disproportionately contributes to network congestion;
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Adversely impacts network service levels or legitimate data flows;
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Degrades network performance; or
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Causes harm to the network or other Customers.
You may not:
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Receive or use, or assist others in receiving or using, any Service or Service feature without authorization;
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Resell, distribute or duplicate the Service; or
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Use the Service in any way that may violate law, your Agreement, third party property or other rights or Mediacom policies.
If you do any of the foregoing or you or any user of any Service violates your Agreement in any other way, Mediacom may:
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Restrict, suspend or terminate your access to one or more Services;
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Report the matter to law enforcement; and
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Pursue any other lawful right or remedy.
We may do any of this without prior notice to you (unless mandated by law) and shall not be liable to you or any other Service user for any consequences.
13. Billing and Payment for Services: Credits, Checks, Deposits and Similar Matters.
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13.1 Credit Checks: You agree that Mediacom may verify your credit standing, including through credit reporting agencies.
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13.2 Deposit Requirements for Services: Mediacom may require a deposit as a condition to providing a Service or Equipment. A deposit does not relieve you of responsibility for the prompt payment of bills when due. You authorize us to use the deposit as payment of any amount owed to Mediacom.
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13.3 When Billing Begins; Order Cancellation: Charges for any Service will begin as of the date Mediacom makes Service available for use. If you cancel before the Services are made available, you may be obligated to pay termination fees and expenses.
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13.4 Fees and Charges You Must Pay: You agree to pay our recurring charges for the Service when and as required by our pricing terms from time to time in effect, along with any non-recurring charges, taxes and other applicable charges and additional fees. Recurring Charges: Periodic, continuing charges for the Service provided to you. Ordinarily, recurring charges for the Service will be payable monthly in advance.
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Non-recurring Charges: Charges such as installation, equipment delivery and return, service calls not caused by Mediacom’s network failure and other non-recurring charges ordinarily will be billed in arrears.
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Other Charges: Applicable surcharges, governmental fees and taxes will be added to each bill. You waive your right to a refund of any sums that we collect from you and pay to any government or agency, even if erroneously calculated or paid.
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Additional Fees: Additional fees or charges may apply, including fees for returned checks, charge card chargeback, early termination, reconnection, service calls and fees and costs associated with collecting past due balances.
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13.5 You Must Pay for Service Even if Service is Unavailable Due to Your Acts or Omissions or Other Causes: Except as expressly provided under “Section 14 REFUNDS” below, your obligation to pay for the Service continues without reduction even if the Service is unavailable or its quality is degraded because of any act or omission by you or any third party whom Mediacom does not control or any other event.
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13.6 Autopay & Paperless Billing Required: To receive the Service, you must enroll in Mediacom’s Electronic Bill Payment Service for automatic recurring payments (please visit https://mediacomcable.com/legal/electronic-payments/ for full terms) and elect to receive electronic bill statements. You agree to the Terms and Conditions of Mediacom’s Electronic Bill Payment Service, as amended from time to time. If you terminate your participation in Mediacom’s Electronic Bill Payment Service, your Service will be automatically terminated [either immediately or upon the end of any period for which Service had been prepaid]. Any communication from You on or accompanying a check or any other form of payment will not be effective as notice to Mediacom, and such statements as “payment in full” or similar language will not bind Mediacom.
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13.7 Timing for Payments/Late Payments: A late charge may be assessed, and the Service may be suspended or terminated, if any payment is not received on time. You will be liable for costs associated with collection of amounts owed (which might include the costs of a collection agency, reasonable attorneys’ fees or arbitration costs, as well as interest). Failure to receive a bill does not release you from your obligation to pay.
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13.8 Returned Payment Fees: You may be charged the maximum amount permitted by applicable law if a banking institution: (i) dishonors a check or draft presented for payment; (ii) returns an electronic funds transfer for insufficient funds; (iii) reverses any credit or debit card charge; or (iv) prevents payment in any other manner.
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13.9 Bill Disputes: You must notify Mediacom of any billing dispute within thirty days of the date of the disputed bill. Your failure to do so will mean you waive (give up) your right to a refund or credit. If Mediacom determines that a credit is due, it will appear on the next monthly bill. Mediacom will not terminate Service until an investigation of the dispute is completed and you are informed of the findings. Unresolved disputes will be handled in accordance with the binding arbitration terms set forth in Section 18 of this Agreement.
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13.10 Termination for Payment Default: Subject to law, Mediacom may terminate Services if you fail to pay any charges when due. Upon termination by you or by Mediacom, you must pay all charges incurred through the date of termination or any later date specified in your Agreement. If we permit reconnection, you may be required to pay a reconnect fee in addition to all past due charges and satisfy any other requirements we may establish.
14. Refunds
Any prepayment for Service not received will first be applied to offset termination charges, fees or other amounts you may owe. You pay monthly, in advance, for the Service. You may terminate the Service in accordance with Section 20.1 below but since you will continue to receive the Service until the end of your billing month, no partial or prorated service refunds will be provided.
No refund or credit will be required because of any interruption or change referred to in Section 1.3 or 3.2 above , or for any other reason, except as expressly required by legal requirements that cannot be changed by agreement of the parties or except as expressly provided in this Section or some other provision of your Agreement.
Unless otherwise required by law, if there is a complete failure of a Service for twenty-four consecutive hours or more, excluding any interruption that is scheduled or due to a power outage, inclement weather or any other “Force Majeure” event contemplated by Section 23.2 below, you are entitled, upon request, as your sole and exclusive remedy, to a prorated credit of monthly recurring charges for effected services for the period that such failure continues beyond twenty-four hours. If there is an outage during a live or special pay-per-view event ordered by you, you are entitled, upon request, as your sole and exclusive remedy, to a prorated adjustment of the event fee based upon the number of minutes of the outage. Unless otherwise specifically provided by law, you must request credit for Service interruptions within thirty days. For the sake of clarity, YOU ARE OBLIGATED TO PROTECT US AGAINST CLAIMS AND COSTS WE INCUR BECAUSE OF YOUR ACTS AND OMISSIONS AND OTHER CAUSES RELATED TO YOUR SERVICES.
You agree to indemnify Mediacom and its affiliated companies, together with their respective officers, directors, employees, agents, contractors and third party vendors (the “Mediacom Parties”), for any and all actions, claims, judgments, damages, demands, liabilities, losses and expenses, including reasonable attorney’s fees, arising out of or resulting from:
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any injury or damage to person or property or loss of life or property resulting from our installation of wires or equipment at your Premises in connection with provision of any of your Services or our acts or omissions in connection with providing you with any Service, unless caused by our gross negligence or willful misconduct;
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unauthorized use of any Mediacom service through any equipment or connection at your Premises or otherwise through your account; or
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your or any Service user’s:
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breach or violation of your Agreement relating to the Service;
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uploading or downloading of content, communication or transmission;
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violation of law; or
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other act or omission.
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15. The Service is not Guaranteed and we Make no Warranties
THE SERVICE, EQUIPMENT AND SOFTWARE ARE PROVIDED “AS IS” AND “IF AND AS AVAILABLE.” NO ORAL OR WRITTEN STATEMENT, SERVICE DESCRIPTION, ADVICE, RECOMMENDATION OR INFORMATION GIVEN OUTSIDE OF YOUR AGREEMENT, WHETHER BEFORE OR AFTER THE AGREEMENT BECOMES EFFECTIVE, WILL CREATE A WARRANTY OR OTHER OBLIGATION ON THE PART OF MEDIACOM OR ANY OF ITS AFFILIATES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDIACOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF PERFORMANCE, AVAILABILITY, QUALITY OF SERVICE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR AS TO THE PROPER OR TIMELY DELIVER OR SECURITY OF YOUR COMMUNICATIONS OVER OUR FACILITIES. IF THE LAW WHERE YOUR PREMISES ARE LOCATED DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEN THE AFFECTED EXCLUSIONS DO NOT APPLY TO YOU.
Without limiting the scope or extent of the foregoing paragraph, Mediacom does not guarantee or warrant:
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continuous, uninterrupted or secure access to the Service;
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that the Service will be available on a specified date or time or that our network will have the capacity to meet demand during specific hours;
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any particular download or upload speed for any Internet access service or any other characteristic of that or any other kind of Service,
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compatibility of any Service with your computers, telephone or video equipment, operating systems or software; or
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that any Service will work as intended
16. We are not liable if our Advice or Recommendations do not Produce Promised or Anticipated Results.
Subject to provisions of law that cannot be varied by agreement of the parties, if Mediacom recommends or requires that you purchase or use, or provides to you, any software, equipment or other item, whether proprietary to Mediacom or a third party, or gives you any advice, Mediacom does not thereby make any representation or warranty of any kind, express or implied. Mediacom also does not assume any obligation or liability because of your use or failure to use such item, your following or not following such advice or recommendation or your compliance or non-compliance with such requirement. Without limiting the scope or extent of the foregoing, Mediacom will not be responsible or liable:
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if any such advice or recommendation does not produce the benefits claimed or expected;
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if any such item has defects or causes problems; or
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for any adverse consequence of following such advice or recommendation or using such item.
In the event of any conflict between the foregoing terms and any communication or statement regarding the features, functionality, benefits or merits of any item, the foregoing terms shall govern and prevail.
17. Limitation and Exclusions of Liability by Mediacom and Other Persons
THE FOLLOWING LIABILITY LIMITATIONS, DISCLAIMERS AND EXCLUSIONS ARE IN ADDITION TO, AND DO NOT NEGATE, MODIFY OR OTHERWISE LIMIT OR IMPAIR, ANY OTHER WARRANTY OR LIABILITY DISCLAIMER, EXCLUSION OR LIMITATION ELSEWHERE IN YOUR AGREEMENT. EACH LIMITATION OR DISCLAIMER, WHETHER IN THIS SECTION OR ELSEWHERE, IS AN ESSENTIAL ELEMENT OF YOUR AGREEMENT AND, BUT FOR EACH PROVISION, MEDIACOM WOULD NOT PROVIDE THE SERVICES AT ALL OR AT THE PRICES CHARGED.
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17.1 LIMITATION OF LIABILITY OF MEDIACOM PARTIES FOR DIRECT DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT, EXCEPT FOR CREDITS EXPRESSLY REQUIRED BY A SPECIFIC PROVISION OF YOUR AGREEMENT OR BY PROVISIONS OF LAW THAT CANNOT BE CHANGED BY AGREEMENT OF THE PARTIES, THE MEDIACOM PARTIES WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSSES, DAMAGES OF ANY KIND BASED ON BREACHES OF THIS AGREEMENT OR YOUR RELATIONSHIP WITH US OR ARISING FROM THE MEDIACOM EQUIPMENT (INCLUDING PURCHASED EQUIPMENT), REGARDLESS OF THE BASIS OF ANY CLAIM. IN NO EVENT WILL THE MEDIACOM PARTIES BE REQUIRED TO CREDIT YOU AN AMOUNT IN EXCESS OF YOUR SERVICE FEES FOR THE MONTH DURING WHICH YOU SUFFER ANY LOSSES OR DAMAGES.
IF, DESPITE THE INTENT OF THE PARTIES THAT THE FOREGOING PROVISIONS BE ENFORCED AS WRITTEN, IF SUCH PROVISIONS ARE FINALLY DETERMINED BY A COURT OR ARBITRATOR WITH JURISDICTION TO BE UNENFORCEABLE AS WRITTEN, THEN THE PARTIES INTEND FOR THE CUMULATIVE LIABILITY OF THE MEDIACOM PARTIES TO BE THE SMALLEST AMOUNT PERMITTED BY APPLICABLE LAW.
THE FOREGOING SHALL SURVIVE THE UNENFORCEABILITY OR OTHER FAILURE OF ANY OTHER PROVISION OF THIS AGREEMENT THAT PURPORTS TO EXCLUDE OR LIMIT REMEDIES OR LIABILITY.
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17.2 LIMITATION OF LIABILITY OF MEDIACOM PARTIES FOR INDIRECT OR CONSEQUENTIAL DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT THE MEDIACOM PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, SPECIAL OR PUNITIVE DAMAGES (OR SIMILAR DAMAGES, HOWEVER DENOMINATED) DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER, PERFORMANCE, NONPERFORMANCE OR BREACH, ANY EQUIPMENT (INCLUDING PURCHASED EQUIPMENT) OR SOFTWARE ASSOCIATED WITH A SERVICE OR ANY SERVICE, EVEN IF AWARE THAT THEY COULD RESULT. THE FOREGOING SHALL SURVIVE THE UNENFORCEABILITY OR OTHER FAILURE OF ANY OTHER PROVISION OF THIS AGREEMENT THAT PURPORTS TO EXCLUDE OR LIMIT REMEDIES OR LIABILITY.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. THE PARTIES INTEND THAT THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
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17.3 Limitations Apply Regardless of the Nature of the Claim Against Us, the Proceeding Based on that Claim or the Legal Theory Relied Upon: Each of the limitations, disclaimers and exclusions of liability contained in this Agreement will independently apply regardless of (i) the form of action (including any action in contract or based on warranty, negligence, tort, strict liability or statute); (ii) any claim or finding that any breach of or default under this Agreement was total or fundamental; (iii) the type of damages; (iv) any claim or finding with respect to the adequacy, failure, purpose or sufficiency of any remedy provided for under this Agreement; and (v) whether Mediacom was informed or aware of, or otherwise could have anticipated the possibility of, such damages or liability.
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17.4 You Agree to Limit the Time You Have to Bring a Legal Action: You waive (in other words, give up) the right to commence any proceeding against any of the Mediacom Parties if the relevant events occurred more than one year earlier. This waiver is not enforceable, and the normal statute of limitations in your area will apply, if you notified Mediacom in writing of the events giving rise to the proceeding within one year of their occurrence.
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17.5 Services Rely on Third Parties: In providing the Service, Mediacom may use products, services, equipment, networks, content and other items supplied by third parties whom Mediacom does not control. While it selects third parties thought to be reliable, Mediacom is not responsible for the acts or omissions of third parties, any Service defects or interruptions resulting from the performance or non-performance of the services, equipment or software they supply or the consequences of any of those defects or interruptions.
18. Arbitration:
YOU AND MEDIACOM ARE AGREEING TO RESOLVE CERTAIN DISPUTES THROUGH ARBITRATION.
THIS BINDING ARBITRATION PROVISION SAYS THAT YOU AND MEDIACOM AGREE TO RESOLVE CERTAIN DISPUTES THROUGH ARBITRATION. PLEASE READ THIS SECTION CAREFULLY TO UNDERSTAND OUR BINDING ARBITRATION AGREEMENT AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
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18.1 Federal Arbitration Act: You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these provisions.
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18.2 Initial Dispute Resolution: You and Mediacom agree to use best efforts to informally resolve any dispute, claim, question or disagreement (“Dispute”) that may arise between the parties. The term Dispute is to be given the broadest possible meaning that will be enforced. You may inform Mediacom of a Dispute by either calling 1-855-633-4226 or emailing mcc.legal@mediacomcc.com. Mediacom will strive to resolve all Disputes informally by responding quickly and conscientiously to Customers’ concerns.
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18.3 Binding Arbitration. If we cannot resolve a Dispute informally with you, then, except as described elsewhere below, each of us agrees to submit the Dispute to the American Arbitration Association (“AAA”) for resolution under its Consumer Arbitration Rules, which can be accessed at www.adr.org/Rules and which are hereby incorporated into this Agreement.
Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award, including injunctive relief.
YOU MUST CONTACT US WITHIN ONE YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE (EXCEPT FOR BILLING DISPUTES, ABOUT WHICH YOU MUST CONTACT MEDIACOM WITHIN SIXTY DAYS AS PROVIDED IN THIS AGREEMENT), OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
To initiate an arbitration pursuant to this Arbitration provision, the party initiating the arbitration proceeding may open a case with the American Arbitration Association - Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, 877-493-4185, www.adr.org under the Consumer Arbitration Rules of the American Arbitration Association "AAA".
Before you initiate an arbitration proceeding, you may request that we advance on your behalf (1) the arbitration filing fees and (2) the portion of the arbitrator's costs for which you would normally be responsible. If we win the arbitration, you will reimburse us for these advances. We will, of course, pay any fees or costs required under the law where you live.
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18.4 Right to Sue in Small Claims Courts: Notwithstanding anything in this Arbitration provision to the contrary, either you or we may elect to have an action heard in “small claims” court in the areas where you received the Service(s), if its rules permit it. If you bring an action in small claims court, you waive (unless local law prohibits such a waiver) discovery in that proceeding. In other words, unless local law prohibits you from doing so, you agree that you will not be able to depose Mediacom witnesses or seek non-public documents. Mediacom may choose to pursue, in small claims court, claims related solely to your payment obligations for services, equipment or facilities.
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18.5 Waiver of Jury Trial. Class Action Waiver: YOU AND MEDIACOM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU AND MEDIACOM FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Mediacom agree otherwise, the arbitrator may not consolidate any other person’s or persons’ claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
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18.6 Exceptions to Arbitration: NOTWITHSTANDING THE PARTIES’ AGREEMENT TO RESOLVE ALL DISPUTES THROUGH ARBITRATION, YOU AND MEDIACOM AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS; (2) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE; (3) ANY DISPUTE THAT ARISES BETWEEN MEDIACOM AND ANY STATE OR LOCAL REGULATORY AUTHORITY OR AGENCY THAT IS EMPOWERED BY FEDERAL, STATE, OR LOCAL LAW TO GRANT A FRANCHISE UNDER 47 U.S.C. § 522(9); AND (4) ANY DISPUTE THAT CAN ONLY BE BROUGHT BEFORE THE LOCAL FRANCHISE AUTHORITY UNDER THE TERMS OF THE FRANCHISE.
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18.7 Severability: Should any term or provision in this Section 18 be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section 18 or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision in this Section 18 is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Section 18 to affect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
19. Privacy.
Subject to law and Mediacom Bolt Privacy Notice & Customer Policies:
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Mediacom may from time to time collect, monitor, use and disclose your personal information and transmissions over Mediacom’s facilities; and
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Mediacom may (but has no duty to) disclose any information that it believes appropriate to protect its rights, comply with law or safeguard its personnel, property and operations, or where it believes that individual or public safety is in peril.
You are responsible for protecting the information needed to securely access your account and verify orders (for example, your account number, social security number or passwords that we may issue to you). If someone else acquires this information, we may assume that you have authorized that person’s use of the information and we may provide your personal information to that person as if he or she were you.
In some cases, mere usage of a Service may allow third parties to obtain information about you and access to your transmissions. Mediacom is not liable for or because of any:
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lack of privacy or access to your information or transmissions by any third party that may result from your use of the Services, or
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act or omission by any third party.
20. Termination of Service or your Agreement.
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20.1 Termination by You: You may terminate the Service at any time; since you pay for the Service in advance, you will continue to receive the Service until the end of your billing month and then the Service will be disconnected., Your Agreement will remain in effect for any Service not terminated. You may notify Mediacom by writing or calling to schedule a disconnection of Service and to arrange for the return of Mediacom Equipment (exclusive of Purchased Equipment). If you agreed to purchase a bundle of Services for reduced prices, and you cancel less than all of them, the price(s) for the continuing Service(s) may increase. In some cases, you may have to pay a termination charge.
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20.2 Termination by Mediacom: Mediacom may terminate any one or more of your Services and each related Agreement at any time with or without cause. Mediacom is not responsible for restoring or reconfiguring or reconnecting your computers, networks or systems after termination. Mediacom will provide notice of a pending disconnection if and as required by law.
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20.3 Your Obligations upon Termination: Upon termination of any Service for any reason, you must:
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immediately cease using that Service and associated Mediacom Equipment (exclusive of Purchased Equipment) and software;
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pay, in full, the fees and charges for your use of the Service and the Mediacom Equipment through the later of: (1) the effective date of termination of the Service or (2) the date when the associated Mediacom Equipment or software has been returned to Mediacom;
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pay any applicable termination fees or charges; and
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promptly return all Mediacom Equipment (exclusive of Purchased Equipment) in the same operating condition as when received (reasonable wear and tear excepted) directly to our local office, to a Mediacom representative, or by any other means reasonably requested by Mediacom. Mediacom may continue to charge you for the Service until the Equipment associated with that Service is returned.
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If Mediacom Equipment (excluding Purchased Equipment), including power cords and any associated accessories, is not timely returned, or is damaged or is not in good condition (reasonable wear and tear excepted), you agree to promptly pay us the full manufacturer’s retail price or the amount stated in Mediacom’s rate card and the incidental costs related to recovery or replacement. We may charge your credit card or bank account for unreturned Mediacom Equipment.
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20.4 We May Dispose of Your Stored E-Mails and Other Items Upon Termination: After a Service ends, e-mail, calls, voicemail or any other communication or content sent to or associated with your terminated account will not be bounced or forwarded to another account, or stored by Mediacom. We reserve the right, but will not be obligated, to delete any of your content or materials. Your right to use usernames, IP and e-mail addresses and URLs associated with your Service will end.
21. Mediacom not Liable for Third Party Transactions.
A SERVICE MAY ALLOW YOU TO INTERACT WITH THIRD PARTIES, INCLUDING BUYING GOODS AND SERVICES. YOU RELEASE THE MEDIACOM PARTIES FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH MEDIACOM’S REFERRAL OR TRANSFER OR YOU TO A THIRD PARTY OR ANY SUCH INTERACTION WITH A THIRD PARTY.
22. Residents of Apartment Buildings and Similar Properties
In some cases, Mediacom provides a Service to the owners or managers of apartment buildings, cooperative apartment buildings, condominium complexes, hotels, motels or other buildings, properties or complexes with multiple residential, dwelling or other units on a bulk-billed basis, and the owners or managers, in turn, provide the Service to units within the property. The provisions of this Agreement apply fully to each unit resident and each user through a unit resident, regardless of whether he or she has directly subscribed for or has a direct account with Mediacom.
23. Miscellaneous.
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23.1 Your and Our Rights to Transfer Your Agreement or Account to Another Person or Company: Mediacom may assign (transfer) to one or more other persons all or part of your Agreement without your consent or notice to you. You may not assign or transfer your account or Agreement or any of your rights, obligations or liabilities without Mediacom’s prior written consent.
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23.2 Mediacom Will Not Be Liable for Events Beyond Its Control: Mediacom will not be liable by reason of any failure in the performance of its obligations to the extent caused, directly or indirectly, by events beyond its reasonable control, including any and all acts of God, fire, floods, other catastrophes, insurrections, national emergencies, terrorism, wars, strikes, labor disputes, unavailability of rights-of-way, loss of utility service or power supply disconnection or unavailability of any other provider’s facilities, capacity or services, acts of third parties unrelated to Mediacom or related to Mediacom but acting beyond their scope of employment or agency, computer virus, hacking or other outside disruption, and any changes in law, regulations or other directives, actions or requests of any governmental authority claiming jurisdiction over Mediacom.
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23.3 Governing Law; Waiver of Jury Trial; No Class Actions: Your Agreement, and any claim, controversy or dispute arising under or related to a Service (whether based on contract, tort or other legal theory or cause of action), will be governed by the internal laws of the state where Services are provided. The Federal Arbitration Act, not state law, will govern the arbitrability of all disputes between Mediacom and you regarding your Agreement or a Service, as described above in Section 17 regarding Arbitration. Each party waives (that is, gives up), to the fullest extent permitted by applicable law, any right to a trial by jury in respect of any action, suit or proceeding arising out of or relating to this Agreement. To the maximum extent permitted by law, the parties agree that there will be no right to have any claim litigated or arbitrated on a class action basis or as a claim brought in a purported representative capacity on behalf of persons similarly situated or the general public.
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23.4 Third Parties Are Not Entitled to the Benefits of Your Agreement, But Some Third Parties Are Entitled to the Benefits of Provisions Protecting Mediacom: Except in any case where a provision of this Agreement states that it covers or otherwise is intended to benefit one or more third parties, there are no third party beneficiaries of this Agreement and this Agreement does not give any person, other than You, any rights or remedies or create any obligations or liabilities on the part of Mediacom. Each Mediacom Affiliate, supplier and contractor is expressly made a third party beneficiary of the disclaimers, warranties, limitation of liability, your indemnifications contained in this Agreement, the arbitration provision and waiver of jury trial and class-action rights, and, to the extent that any intellectual property of such Affiliate, supplier or contractor is made available to you, the provisions on this Agreement applicable to intellectual property and is entitled to directly assert and enforce those provisions in its own right.
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23.5 Notices to You: Mediacom may provide any notice required or permitted by this Agreement using any method we determine appropriate, including by electronic means (for example, email or online posting). We may ask you to provide consents or authorizations, including by electronic means (for instance, using your remote control to purchase a VOD movie, receive information regarding an advertiser’s products or “opt in” to a consumer study) or orally over the telephone, and we are entitled to assume that any consent or authorization we receive through your Services or from your location has been authorized by you.
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23.6 What Happens If a Court Finds Part of Your Agreement Invalid: If a court or similar body determines that a portion of your Agreement is invalid or unenforce¬able, the rest of your Agreement will stand. The invalid or unenforceable portion shall be interpreted as closely as possible (consistent with law) so as to reflect the intention of the original. The only exception to this is Section 17 regarding Arbitration.
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23.7 Some Terms of Your Agreement Continue in Effect Even After Termination: The following provisions will survive any termination of your Agreement: disclaimers, exclusions and limitations of warranties and liability and provisions regarding arbitration of disputes, indemnification and termination. Your payment obligations and any claims, rights and remedies arising from any violation of this Agreement by you, will also survive. Other terms of your Agreement that a prudent business owner would logically and reasonably be expected to want to continue in effect after termination will also survive.
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23.8 Surrender by Mediacom of a Right or Remedy Must be in Writing to be Effective: Mediacom’s failure to insist upon strict performance of any provision of your Agreement or failure to enforce a right or remedy does not mean that we waive (give up) any of Mediacom’s rights or remedies. To be effective, any waiver Mediacom grants must be in writing. If we do waive our rights in a specific situation, that does not mean that we also waive any right or remedy in any other situation or in the future.
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23.9 Certain Rules for Interpreting Your Agreement: Your Agreement shall be interpreted according to its fair meaning and not strictly for or against either party. All definitions apply equally to the singular and plural forms of the terms defined. The words "include," "includes" and "including" are deemed to be followed by the phrase "without limitation." If any example is given (through the use of the words “such as,” “for example,” “e.g.” or otherwise) of the meaning, scope, intent or operation of a provision, such example is intended to be illustrative only and not exclusive or limiting. Unless the context otherwise unambiguously requires, the word "or" means "and/or." The term "person" is to be broadly construed and includes any natural person or any corporation, trust, association, limited liability company, partnership, joint venture, governmental agency or other entity or body. Whenever the context requires, any pronoun shall include the corresponding masculine, feminine and neuter forms. The headings used in this Agreement shall not affect in any way the meaning or interpretation of this Agreement.
If any provision of this Agreement or any policies, terms, conditions or agreements related to the Service states that Mediacom "may" take or refrain from taking any action or that any action requires the consent, approval or agreement of Mediacom or otherwise gives Mediacom any right, option, election or discretion that is not expressly limited, then the decision as to whether, when and how to take or refrain from taking such action, give or withhold such consent or approval or exercise or refrain from exercising such right, option, election or discretion is within the sole and absolute discretion of Mediacom.