Last edited on Wed Oct 25, 2023

Customer Agreements

THIS AGREEMENT HAS A “BINDING ARBITRATION CLAUSE” REQUIRING YOU AND MEDIACOM TO RESOLVE CERTAIN DISPUTES THROUGH ARBITRATION. SEE  “ARBITRATION” SECTION 17 BELOW.

Mediacom Residential Customer and User Agreement

Subsidiaries of Mediacom Communications Corporation (“MCC”) offer television, Internet access, telephone, home security and automation and other services to residential subscribers.  As used in this document, the term:

“Customer,” “you” or “your” refers to any person who subscribes to any of those services;
“Service” means, for any Customer, any of those services subscribed to by that Customer;
“Mediacom,” “we,” “us” or “our,” means, for any Service of any specific Customer, the subsidiary or subsidiaries of MCC that provide such Service.

1. There Are Several Sources of the Terms that Create Your and Our Rights and Obligations Regarding Services.

By subscribing to or using a Service, you, and each person who uses that Service through your account or connection, agree that your subscription and usage will be governed by Mediacom’s relevant “Customer Agreements,” as in effect and modified from time to time.  That will be true even if one or more aspects of the Service subsequently change.  Depending on the particular Service involved, those agreements will consist of a combination of the following: 

• Residential Customer and User Agreement. This is the document you are now reading.  It contains the general terms and conditions governing your use of any of the Services. It applies to all Services.
• Addenda to the Residential Customer and User Agreement.  For certain Services offered by MCC, a separate Addendum may apply.  The Addendum contains important terms and conditions to which you agree and are bound.
• 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.  
• Privacy Notice. This describes how Mediacom collects, uses and discloses personal information about you. It is given to you at or around the time of installation or activation of a Service and periodically thereafter. It is also available online at https://mediacomcable.com/legal/privacy-notice/. It applies to all Services.
• Acceptable Use Policy (AUP). This explains Mediacom policies on use of Mediacom’s Service. It is given to you at or about the time of installation or activation. The AUP applies to all users of Mediacom’s Service, even if not a party to your Agreement for that Service. It is also available online at https://mediacomcable.com/legal/acceptable-use-policy/
• Tariffs:  These are terms that apply to Mediacom’s telephone service.  They are contained in documents we file with Federal or State agencies that regulate telephone service providers.  They are usually made publicly available by the agency either at an office or, in some cases, online. 
• 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 subscribers. 
• Other Terms. These are additional terms that apply to Purchased Equipment (as defined below) or 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.

You may at any time obtain a copy of the terms for your Service(s) by contacting Mediacom Customer Service or as otherwise instructed online at www.mediacomcable.com.

The Customer Agreements that apply to any of your Services are, together, called “your Agreement” for that Service and

• are the entire agreement regarding that Service between Mediacom and you or any person using that Service through your account or connection; and
• replace and supersede (override) all discussions, proposals or prior written or oral agreements between you and Mediacom, any of its affiliated companies or any predecessor company.
• are entered into without any expectation, reliance or promise (explicit or implicit) on your part that any particular programming service or set or programming services shall be or continue to be included as part of the Service.

Written or oral statements made by Mediacom’s representatives before or after a Customer opens an account are not binding or enforceable. Mediacom has no obligations not expressly stated in your Agreement.

A capitalized term used in your Agreement has a special meaning given to it in your Agreement, usually the first time that capitalized term is used.

What Happens If There are Conflicting Terms:

If there seems to be a conflict between the terms in different Customer Agreements, the terms that are most specific to the Service or issue in question will govern. Statements regarding your Services or the terms and conditions that apply to you by or on behalf of Mediacom or any of its affiliates on a Website, in promotional or marketing materials, in a telephone conversation or otherwise than in an express provision of this Agreement are not part of this Agreement, do not change the express terms of this Agreement or any of the other applicable terms, conditions or policies, are not representations, warranties or commitments and do not create obligations or liability on the part of Mediacom. In the event of a conflict between an Addendum and the Mediacom Residential Customer and User Agreement, the terms of the Addendum shall control.  In the event of a conflict between a Work Order and the Mediacom Residential Customer and User Agreement, the terms of the Work Order will control.

What Happens if Your Agreement Has a Term that Conflicts with State Law:

If any provision of your Agreement conflicts with a mandatory provision of applicable state law that cannot be waived or varied, then that mandatory legal requirement will take priority.

2.     Only Adults May Subscribe to Mediacom Services.

Subscribers 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 subscriber.

3.     Some Basic Terms that Apply to Your Services.

Initial Service Characteristics: 

When you order a Service, we will tell you the initial price and material characteristics of that Service (such as the channels initially included in a video Service, the speed or bandwidth allowances initially applicable to an Internet access Service or features initially included with a telephone Service).  The initial price and characteristics of a Service may change as provided in Section 7 below.

Other Customers May Have Different Terms for the Same Services: 

You agree that Mediacom may offer different configurations (versions) or levels of any of its services that have varying prices, eligibility requirements, restrictions, features, functionalities, specifications, terms and conditions.  In addition, you agree that other customers who purchase the same or a similar version or level of a service as you may have different pricing or other terms. You waive any claim based on such differences, including a claim that you are entitled to the benefit of any more favorable prices or other terms extended to others.

Authorized Use and Users of Services; You Must Pay for All Orders Made Through Your Account: 

Services are provided only for ordinary and reasonable residential and non-commercial use as determined by Mediacom in its sole discretion. Unless your Agreement expressly says something different, a Service may be used only at the physical location where Mediacom installs or activates the Service (your “Premises”).  Authorized users of the Service are you, members of your household and your guests. You are responsible for all usage of Services whether you have authorized or know of such usage, including unauthorized use of a Service because you fail to apply adequate security measures.  So, for example, if someone you allow to use Mediacom’s Internet access Service in your home violates Mediacom’s Acceptable Use Policy, we may hold you responsible for that violation.

You authorize us to accept (and charge you for) any orders or requests made through your Services or using your account or connection. For example, if someone in your home uses Mediacom telephone service for an international telephone call or orders a pay TV channel like HBO, you are responsible for the resulting charges.  If you knowingly use any service or feature that you have not paid for, or allow any unauthorized person to use a Service (whether or not paid for), you will have violated your Agreement and possibly subjected yourself to payment of damages, fines or imprisonment.

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 your neighbors and for any other reasons associated with normal system operation or the provision of Services. If you stop receiving all Services, 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. You further grant Mediacom all necessary easements to provide Services to you and others in the same cable system.  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.

Mediacom Reserves the Freedom to Decide the Kind and Amount of Resources Devoted to Each 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 any Service. Mediacom will have no obligation or liability for its decisions, even if Service performance or other parameters are adversely affected.

Your 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:

• 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, including sending your two-factor authentication messages to allow you to access your Mediacom online account(s);
• 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);
• 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;
• Use any dialing method, including automated dialing systems or artificial or prerecorded voices and messages;  and
• 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.

4.     Service Interruptions may Occur because of Power Outages or for Other Reasons.

Service Interruptions May Occur:

 Scheduled or unscheduled Service interruptions for maintenance, testing or other purposes may occur at any time, with or without notice.

Power Outages May Interrupt Services:  

The Services do not have their own power source.  You are responsible for obtaining a power source for each service. A POWER OUTAGE AFFECTING YOUR PREMISES OR MEDIACOM’S NETWORK MAY INTERRUPT AVAILABILITY OF OUR SERVICES.  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.

Battery back-up units:

Battery backup units are available for purchase through Mediacom. These units are designed to power the Mediacom-provided phone modem during a commercial power outage. These units do not guarantee the Mediacom network will remain available during a power outage or other causes of network interruption. They also do not guarantee that phones purchased or used by the customer with this service will remain operational, particularly if such devices require commercial power. Although the battery sizing is designed to support 8hrs or 24hrs of standby power, actual battery performance may be impacted by several factors including, but not limited to, (i) whether the battery was fully charged before use, (ii) battery age, maintenance and previous uses, (iii) any other items connected to the battery beside the Mediacom-provided phone modem and (iv) the amount of time spent actively using any services provided by the device including internet access, WiFi and phone usage.

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 12 below, you will not be entitled to any refund or credit because of any such loss or unavailability.

5.     Prohibited Use of Services

You may not:

• Receive or use, or assist others in receiving or using, any Service or Service feature without authorization;
• resell, distribute or duplicate the Service; or
• 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:

• restrict, suspend or terminate your access to one or more Services;
• report the matter to law enforcement; and
• 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. 

6.     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:

• 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

• 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 of further the best interests of Mediacom and its affiliates and/or subscribers 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.

7.     Changes to Services or Terms 

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:

• Institute new or increase or otherwise change fees and charges for the Service.
• 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.  
• Make changes affecting equipment or software as referred to in Section 8 or 10 below.
• Institute new or change the features, functionalities, characteristics and specifications of the Service, including by
• instituting or changing limits and restrictions that affect Service features and functionality, such as changing upstream or downstream speed or calling features, 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
• changing the number, kinds or parameters of included features or services, such as the number of minutes or other measures of long-distance or international calls, if any, included in a calling plan or other level of telephony service or the amount of bandwidth that may be used in a given level of Internet access service.
• 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. 

Without limiting the generality of the foregoing, Mediacom makes no guarantee or promise that all television programming or other content that may be part of any Service at any time will continue to be included. Mediacom may rearrange, add, delete, change the format of or otherwise change the networks, programs or other components of any video service.    In addition, certain programming, including sports events, may be "blacked out" in your area as required by law or for other reasons and the owners of television networks or services may from time to time discontinue or change the network’s theme or available content. The availability of one or more programs, networks, channels, websites or other content or resource may be permanently or temporarily interrupted because of weather, a dispute with a third party, inability to obtain rights at all or on terms that Mediacom deems acceptable, a determination by Mediacom to refrain from acquiring or renewing a distribution license or other legal right, or some other reason. Any of these changes or events may happen without notice or consent or any reduction of your fees or charges, except as mandated by law.  Unless otherwise specifically required by an express term of your Agreement or applicable law, Mediacom will not be obligated to replace or provide a substitute for any such program, network, channel, website or other content or resources or, unless expressly required by Section 12 below, to provide a refund or credit. 

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.

8.       Equipment.

Mediacom May Supply Equipment:

The Services may require use of special equipment or software at your Premises.  In some cases, Mediacom may provide the equipment, including power cords and any associated accessories, or software (“Mediacom Equipment”), with or without a separate charge. Except for any equipment purchased by you from Mediacom (“Purchased Equipment”), all Mediacom Equipment issued to you remains property of Mediacom. If Mediacom does not supply necessary equipment, you are responsible for obtaining it at your own cost.  If you decide to obtain Purchased Equipment, you agree to pay Mediacom for the amount as disclosed to you by Mediacom at the time and in the manner established by Mediacom.  Title in the Purchased Equipment shall pass to you at the time of installation by Mediacom or upon shipment to you in the case of a self-installation at which time such equipment shall cease to be Mediacom Equipment and becomes Customer Equipment (as defined below) for purposes of this Agreement.  In the event of a defect in workmanship or materials in the Purchased Equipment, your sole remedy is to return the defective Purchased Equipment to Mediacom within 90 days of purchase and Mediacom’s sole liability and obligation shall be to provide you with a replacement of the same or the functional equivalent, as determined in Mediacom’s sole discretion, of the returned item at no charge to you

Customer Equipment: 

If you choose to provide your own equipment, whether purchased from Mediacom or a third party, in connection with a Service (“Customer Equipment”), you should call Mediacom Customer Service to find out if it meets our technical, security and other requirements. You are responsible for all costs of installation, maintenance or repair of Customer Equipment and Mediacom will not be obligated to provide Service or support for any Customer Equipment. Additionally, Mediacom may manage the firmware on all devices connected to Mediacom’s network.

We May Change Mediacom Equipment: 

Mediacom has the right, but not the obligation, to upgrade, replace or otherwise change the Mediacom 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 Mediacom 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 Purchased Equipment or other Customer Equipment is not guaranteed or warranted by Mediacom.  Additionally, any such changes may impair or eliminate the functionality of Purchased Equipment or other Customer Equipment.  Mediacom has no obligation to upgrade, repair, modify or accommodate any Purchased Equipment or other Customer Equipment.  Any changes to or replacement of Purchased Equipment or other Customer Equipment will be your obligation and at your sole cost.

Do Not Tamper With or Relocate Mediacom Equipment: 

You are responsible for securing and protecting all Mediacom Equipment. You may not tamper or otherwise interfere with any Mediacom Equipment and you must prevent others at your Premises from doing so.  Without limitation, you may not use any unauthorized software on or in connection with the Mediacom Equipment or use the software contained or provided in connection with Mediacom Equipment for any purpose other than your authorized use of the Mediacom Equipment or in the case of Purchased Equipment as authorized by your license to use the software.  Mediacom may not be removed from your Premises or used in another location without Mediacom’s express permission, even if you have moved to that other location and continue to pay us for Services. 

Network Interface Device:

Installation of a Service may require Mediacom to modify or disconnect a Network Interface Device (“NID”) or other equipment already installed at your Premises in order to switch to Mediacom from your previous service provider.  Should you subsequently terminate a Service with Mediacom, you may incur charges from your new service provider to reconnect or modify the NID.  Mediacom is not liable for any such charges. 

Changes in Items Required for a Service:

Mediacom may periodically change the requirements for equipment, software or other items needed for a Service. Mediacom does not have to continue to support previously acceptable items including any Purchased Equipment or other Customer Equipment.  If the requirements change, you may need to acquire, at your own expense, new or additional items in order to continue to use the Service.

Your Responsibility for Lost or Damaged Equipment:

You must reimburse us, by paying us “liquidated damages,” for any unreturned, lost, stolen or damaged Mediacom Equipment (excluding Purchased Equipment), even if you are not at fault. The liquidated damages amount is available on request from your local Mediacom office. You agree that this approach is reasonable because it would be difficult to accurately set the value of the equipment or our losses if someone else used it to gain unauthorized access to our Services. If, within three (3) months of reimbursing Mediacom, you recover lost or stolen Mediacom Equipment, you will return it to us and we will refund the money you paid to us, if it is in good condition, reasonable wear and tear excepted

9.     You do not Acquire Ownership of Telephone Numbers or E-Mail Addresses.

You do not have any property rights in the Services, including any telephone number, other call number designation, IP address (whether static or dynamic) or email address assigned by Mediacom. Mediacom may change and reassign any of the foregoing assigned to you, whenever Mediacom deems it necessary or desirable. Mediacom may also reclaim and reassign any and all such items if Service has been cancelled or terminated, regardless of the reason for such cancellation or termination.  Unless Mediacom otherwise agrees in writing, IP addresses will be dynamically assigned, and will not be static or “sticky” IP addresses.

10.   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.

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. 

11.   Billing and Payment for Services; Credit Checks, Deposits and similar matters.

Credit Checks:

You agree that Mediacom may verify your credit standing, including through credit reporting agencies.

Deposit Requirements for Services:

Mediacom may require a deposit as a condition to providing a Service or Mediacom 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.

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.  If you cancel an order for phone Service prior to scheduled initiation, Mediacom is not responsible for any consequences, which may include inability to make telephone calls using your home phone and loss of the use of the assigned telephone number.

Fees and Charges You Must Pay: 

You agree to pay our recurring charges for the Services you receive 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 Services provided to you. Ordinarily, recurring charges for a Service will be payable monthly in advance.

• Non-recurring Charges: Charges such as installation, equipment delivery and return, service calls not caused by Mediacom’s network failure, services provided on a per-programming or per-call basis and other non-recurring charges ordinarily will be billed in arrears.

• 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.

• 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.

You Must Pay for Services Even if Unavailable Due to Your Acts or Omissions or Other Causes: 

Except as expressly provided under “Section 12 REFUNDS” below, your obligation to pay for a 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. 

Payment by Credit or Debit Card: 

You authorize Mediacom to charge your credit or debit card on file for all amounts you owe.  You agree to inform Mediacom promptly of any change in credit or debit card information including cancellation of any card use for payment or inadequate balance to make a committed payment.  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.

Timing for Payments/Late Payments: 

A late charge may be assessed and the Services 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. 

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.

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 this Agreement, unless you opt out of arbitration.

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.

12.  Refunds:

Any prepayment for Service not received will first be applied to offset termination charges, fees or other amounts you may owe.  

No refund or credit will be required because of any interruption or change referred to in Section 4 or 7 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 or any applicable tariff, 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 22 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, no change, event or circumstance within the intended scope of Section 7 above shall be an “interruption” or “failure of a Service” for purposes of the foregoing or any other purpose.

13.   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:

• 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;
• unauthorized use of any Mediacom service through any equipment or connection at your Premises or otherwise through your account; or
• your or any Service user’s:
•  breach or violation of your Agreement relating to any Service;
•  uploading or downloading of content, communication or   transmission;
•  violation of law; or
•  other act or omission.

14.   Our Services are Not Guaranteed and We Make No Warranties.

THE SERVICES, MEDIACOM EQUIPMENT, PURCHASED 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:

• continuous, uninterrupted or secure access to any Service;
• that a Service will be available on a specified date or time or that our network will have the capacity to meet demand during specific hours;
• any particular download or upload speed for any Internet access service or any other characteristic of that or any other kind of Service,
• compatibility of any Service with your computers, telephone or video equipment, operating systems or software; or
• that any Service will work as intended 

15.     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:

• if any such advice or recommendation does not produce the benefits claimed or expected;
• if any such item has defects or causes problems; or
• 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.

16.   Limitations 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.

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, PURCHASED EQUIPMENT, AND/OR CUSTOMER 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. 

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.

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.

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.

Services Rely on Third Parties:

In providing Service(s), 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.

17.   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.

A. Federal Arbitration Act.

You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these provisions.

 B. 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’ concern.

C. 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 https://www.adr.org/Rules. 

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.

D. 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. 

E. 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.

F. 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.

G. Severability.

Should any term or provision in this Section 17 beinvalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section 17 or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision in this Section 17 is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Section 17 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.

18.   Privacy.

Subject to law and Mediacom’s Privacy Notice & Subscriber Policies:

• Mediacom may from time to time collect, monitor, use and disclose your personal information and transmissions over Mediacom’s facilities; and
• 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:

• lack of privacy or access to your information or transmissions by any third party that may result from your use of the Services, or
• act or omission by any third party. 

19.   Termination of Service or Your Agreement.

Termination by You:

You may terminate any Service at any time by giving Mediacom at least seven days’ prior notice, but if you have subscribed to a Service for a fixed period of time, to a bundle of Services at discounted pricing dependent upon your continued subscription to all of the bundled services or on some other special terms, your right to terminate will be governed by the terms of that subscription. 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.

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. 

Your Obligations upon Termination: 

Upon termination of any Service for any reason, you must:

• immediately cease using that Service and associated Mediacom Equipment (exclusive of Purchased Equipment) and software;
• 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;
• pay any applicable termination fees or charges; and
• 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. If you terminate an equipment based Service (for example, DVR service), Mediacom may continue to charge you for the Service until the Mediacom Equipment associated with that Service is returned.

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. 

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. 

20.   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.

21.   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.

22.   Miscellaneous:

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.

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.

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.

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.  

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.

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 unenforce­able, 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.

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. 

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.

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.

ADDITIONAL TERMS OF SERVICE FOR MEDIACOM INTERNET ACCESS SERVICE:

23.   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.

24.   Mediacom 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.

25.   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.

26.   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. 

27.   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.

28.   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.

29.   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:

• 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

• 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 https://mediacomcable.com/openinternet .

30.  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.

ADDITIONAL TERMS FOR MEDIACOM PHONE SERVICE:

31.   No Use Outside of Your Premises; Circumstances Impairing the Ability to Make 911/E911 Emergency Calls.

Use of phone Service outside of your Premises is a violation of your Agreement.  It may also result in inaccurate location information being provided to emergency authorities if you make a 911 call while away from your Premises.  Mediacom is not responsible for any such inaccurate information or any resulting damage or harm.  Calls, including calls to 911/E911, may not be completed if there is a problem with System or network facilities, including network congestion, network/equipment/power failure, or another technical problem. The Service, including 911/E911, will be disabled if your account is suspended or terminated. Listing your address with 911 databases normally takes between 24 and 120 hours from the time that you subscribe to our phone Service. Enhanced 911 service (which includes your address information) will not be available until such databases are updated.  As noted above, power failures at your Premises or Mediacom’s facilities may prevent you from being able to complete 911 or E911 calls.  See “Section 4” above.

32.   Home Security and Medical Monitoring Systems May Not Be Compatible. 

Certain models of alarm and home security systems, not provided by the Mediacom Parties, medical monitoring devices and TDD or TTY devices for the hearing impaired may not be compatible with the Service. If you intend to use a Mediacom Service with an alarm or home security system not provided by the Mediacom Parties, medical monitoring TDD or TTY system or device, you are responsible for making sure it works properly and for the cost of doing so.  Mediacom does not guarantee or offer emergency services compatible with any TDD/TTY or other hearing-impaired devices. As noted above, power failures at your Premises or Mediacom’s facilities may prevent the operation of alarm and home security system not provided by the Mediacom Parties, medical monitoring and TDD or TTY devices.  See “Section 4” above.

33.   Calling Plans. 

You agree that the Service may be a bundled service and you may not have the option of subscribing to a "local only", “local toll only” or "long-distance only" service.  You might not be able to subscribe to a separate local, toll or long-distance provider for use in conjunction with Mediacom’s telephone Service.

34.   Mediacom Not Liable for Directory Listing Errors or Disclosure of Non-Published Numbers.

Mediacom will not be responsible for directory listing errors or omissions.  For an additional fee, you may choose to have a non-published telephone number, but in no case will Mediacom be liable should such number or other personal information be divulged.

35.   Switching From Mediacom to Another Provider.

You have a right to port your telephone number to a different carrier in accordance with federal guidelines.  To transfer your phone number from Mediacom to another service provider, you must place the order to transfer the service through your new service provider and not through Mediacom.  If you cancel phone service with Mediacom, the phone number cannot be ported, and your number might no longer be available to be assigned to you

Mediacom Communications Corporation Residential Acceptable Use Policy (AUP)

This Residential Acceptable Use Policy (“AUP”) is part of your Agreement for Mediacom Internet access service (the “Service”) and supplements the Mediacom Residential Customer and User Agreement. Your use of the Service can affect other users and Mediacom’s network; the following policies provide guidance on how you are expected to use the Service so that Mediacom can provide high-quality Internet access service and ensure the integrity, security and reliability of Mediacom’s network.

The policies in this AUP are not meant to be exhaustive. If any example is given (through the use of the words "such as," "for example," "e.g." or otherwise) of the meaning, intent or operation of such 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 or other entity. The headings used in this AUP shall not affect in any way their meaning or interpretation.

VIOLATION OF THIS AUP BY YOU MAY RESULT IN SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SERVICES OR YOUR SERVICE ACCOUNT AND OTHER CONSEQUENCES AS DETAILED UNDER “CONSEQUENCES IF YOU VIOLATE THIS AUP” BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP USE OF THE SERVICE

1. Mediacom's Rights

Including statements regarding Mediacom’s rights in this AUP is intended solely to confirm that you agree that Mediacom may take any of the actions stated without violating your rights and without incurring any liability to you as a result of any such action we take or its consequences. The fact that we reserve these rights does not mean that Mediacom has, and we disclaim, any control over or responsibility or liability for your postings, messages, content, actions or omissions or those of any other user of your account, any other Mediacom customer, any operator of any Website or Internet resource or any other third party. The fact that we reserve these rights with respect to you or other Service users does not create any obligation to exercise them, 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. Mediacom further disclaims any obligation or liability to customer or user because Mediacom may have chosen not to exercise such rights with respect to another customer or user.

The failure of Mediacom to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, if any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

Revisions to the AUP. Mediacom may at any time and from time to time modify, supplement, replace or otherwise change this AUP, in whole or in part, effective when posted here or on any Mediacom Website. Notice may also be provided via electronic mail, regular mail or other appropriate method. Accordingly, you should consult this AUP regularly to ensure that your activities conform to the most recent version. In the event of a conflict between the express terms of your applicable Agreement and the express terms of this AUP, the terms of this AUP shall govern. 

Prohibit or stop use. Mediacom reserves the right to prohibit or take action to stop or prevent activities that, in its sole discretion, harm or may harm the Service, Mediacom’s network, or Mediacom or its commercial reputation and goodwill. Mediacom has included examples of uses and activities that are prohibited in the section “Prohibited Uses and Activities” below.

Require change in use of Service or change in Service Level; Implement programs to ensure network security and integrity. Where use of the Service is not characteristic of a typical user of the Service, as determined by Mediacom in its sole discretion, Mediacom may require you to alter the manner in which you are using the Service or require you to change your Service Level so that your use does not have a negative impact on Mediacom’s network or impair or impede others’ use of the Service. In addition, Mediacom may implement programs designed to ensure its network security and integrity and place you in any such program, with or without notice to you.

Monitor Use.  Except for determining monthly data bandwidth consumption as detailed in Section 4 below, Mediacom does not routinely monitor the activity of individual Service accounts and Mediacom has no obligation to monitor the Service and/or its network but it reserves the right to:

• Monitor your use of the Service in order to operate the Service; identify violations of this AUP; and/or protect the network, Service and other users of the Service.
• Take any action we deem necessary or appropriate in our sole discretion if we believe a user's conduct violates this AUP, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for Mediacom.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
• Terminate or suspend your access to all or part of the Service for any violation of this AUP.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone who accesses or uses the Service. YOU WAIVE AND HOLD HARMLESS MEDIACOMAND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Investigate suspected or reported violations. Mediacom reserves the right to investigate suspected violations of this AUP, including the gathering of information from the user or users involved. During an investigation, Mediacom may suspend the account or accounts involved and/or remove or block material that potentially violates this AUP. You expressly authorize and consent to Mediacom and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this AUP. Upon termination of your Service account, Mediacom is authorized to delete any files, programs, data, e-mail and other messages associated with your account (and any secondary accounts).

Suspend Service or access to Service account; Terminate Service. Mediacom reserves the right to suspend or terminate Service or access to Service accounts during investigations of suspected or reported violations of this AUP and after determination that any violation has occurred.

Use third parties in providing the Service. In providing the Service, Mediacom may use the services, equipment and infrastructure and content of affiliates, software licensors, network "backbone" providers, and other contractors, suppliers and third parties. Each such person is expressly made a third-party beneficiary of this AUP and the disclaimers, exclusions and limitations of warranties and liabilities, and Your indemnification obligations, stated in this AUP and in your applicable Customer and User Agreement. This means that each is entitled to directly assert and enforce against you this AUP and those disclaimers, exclusions, limitations and obligations in its, his or her own name and right. Otherwise, there are no third-party beneficiaries of this AUP.

 2. Use: Customer and User Obligations

In using the Service, in addition to this AUP, you must comply with all applicable federal, state, local and international laws, regulations and other governmental requirements as well as all terms of use and policies of any websites you may visit or online services that you may use or access.

Residential Use. The Service is designed for residential use only. Generally, typical residential use involves more downstream usage than upstream usage (information flows to your device more than from it--for example, streaming videos is downstream usage while uploading documents or pictures to cloud storage is upstream usage). Therefore, Mediacom has designed the Service considering such usage patterns. You will not use, or enable others to use, the Service to operate any type of business or commercial enterprise. Authorized users of the Service are you (the customer), members of your household and your guests. You are responsible for all use of the Service whether you have authorized or know of such use, including unauthorized use of the Service because you fail to apply adequate security measures.

Bandwidth Usage. Mediacom has implemented monthly bandwidth usage allowances for each of its levels of internet service. Bandwidth refers to the total amount of data transferred, both downstream and upstream, over an internet connection. Mediacom’s monthly bandwidth usage allowance is not a cap, meaning that you may exceed your monthly bandwidth usage allowance, but you will be charged for such overage in accordance with our policy detailed under the “Data Bandwidth Consumption” section below. Please note that in using the Service you may be under your total bandwidth usage allowance but still have a negative impact on Mediacom’s network. Mediacom reserves the right to suspend or terminate Service accounts where bandwidth consumption is not characteristic of a typical user and/or where use causes a negative impact on Mediacom’s network. Mediacom may implement necessary network programs to address such misuse.

Securing Devices. We do not have control over the behavior of our customers or other third parties. Accordingly, by publishing this AUP, we do not promise you that all of our customers will abide by the policies contained herein. You are required to secure any device you connect to the Service, including any data stored or shared on the device.  You must also secure Customer Equipment or programs not provided by Mediacom that connect to the Service from unauthorized access, viruses, spam, bot nets and other security threats and restrict access by your children to content you think is inappropriate. You should also consult the user manuals or other literature that was included with your Customer Equipment or visit the manufacturer's website for security information. Your failure to appropriately secure your devices can have a direct negative impact on the Service and Mediacom’s network and such failure will be deemed a violation of this AUP.

Without limiting the generality of the foregoing, each computer or other device used with the Service must be maintained in accordance with generally accepted security principles. Without limitation, each user must:

• Keep computer operating system up to date with the latest service packs and operating system patches.
• Implement standard anti-virus practices which include but are not limited to:
  • Using security software with up-to-date virus definitions;
  • Performing a full scan of each hard disk for viruses at least weekly; and
  • Exercising reasonable judgment about handling email and other files that are likely virus carriers. (Do not open email or email attachments that come from unknown sources or that have unexpected subject headings or that show evidence of multiple forwarding.)
• Enable the firewall built into your operating system or a third-party firewall program.
• Scan each computer at least once weekly with a Spyware detection and removal tool.
• Immediately resolve any known security problems with your computer, software or stored data.

Mediacom is not obligated to provide any type of security hardware or software to subscribers or users for the purpose of preventing unauthorized access. If Mediacom does provide any such hardware or software, it is not responsible or liable if it does not work as intended or is otherwise ineffective. Mediacom is not responsible or liable if use of any security method, software, tool or other measure that Mediacom requires, recommends or provides does not prove to be adequate to prevent damage to or loss or destruction of any software, files or data resulting from any virus, ransomware/bots, worm or other harmful item or unauthorized access to or use of your computer or other equipment, account, files or data. You assume all risk of accessing content through the Service. Mediacom and its affiliates, licensors, contractors and suppliers do not assume any responsibility for the content contained on the Internet or otherwise available through the Service and they shall not have any liability for any claims relating to access to such content. Content questions or complaints should be addressed to the content provider.

3. Prohibited Uses and Activites

It is a violation of this AUP to use the Service in a manner that is illegal, infringes the rights of others, interferes with or diminishes the use and enjoyment of the Service by others, or harms or may harm Mediacom’s network security or integrity. Should Mediacom determine, in its sole discretion, that you are misusing the Service, Mediacom may terminate or suspend your access to the Service or to your Service account. In addition, certain uses and activities may result in criminal or civil liability.

For example, prohibited uses and activities include, but are not limited to, using the Service, Mediacom Equipment or Customer Equipment to:

• Disrupt, degrade or otherwise adversely affect Mediacom’s network or equipment owned by Mediacom or other Mediacom customers or tamper or modify hardware or software provided by Mediacom.
• Excessively using bandwidth, whether upstream or downstream, that in Mediacom’s sole opinion, places an unusually large burden on the network or goes above normal usage. Mediacom has the right to impose limits on excessive bandwidth consumption via any means available to Mediacom.
• Directly or indirectly interfere with or gain or attempt to gain access to our or any other person's network, network access or control device, system, server, computer, software or data without the knowledge and consent of us or such other person (as the case may be), including conducting security research and vulnerability testing or the use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools.
• Directly or indirectly  host, access, download, store, post, disseminate, transmit or re-transmit offensive or seditious materials, including, without limitation, threatening, harassing, malicious, racist, defamatory, libelous, treasonous, excessively violent, obscene, pornographic, indecent or hateful materials or materials constituting or encouraging conduct that violates any law, regulation or order, or provides guidance, or provides guidance, information or assistance with respect to causing damage or security breaches to Mediacom's network or to the network of any other Internet service provider.

• Violate the copyrights, trademarks, trade secrets, patents or other property rights of any person, including, but not limited to, by downloading, 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.

  You should be aware that many music and movie files found on the Internet today are pirated copies of copyrighted materials, and the use or distribution of such pirated files is a violation of this AUP and copyright law, including the Digital Millennium Copyright Act (“DMCA”).

• Directly or indirectly use the Service to send mass or other duplicative unsolicited e-mail messages (commercial or other) or to send any other unsolicited e-mail that provokes or, in Mediacom's opinion, is likely to provoke complaints.

  A message is unsolicited if sent to a recipient who has not requested or invited the message. Mediacom reserves the right to decide, in its sole discretion, whether duplicative or mass e-mail messages are unsolicited. A complaint by the recipient is presumptive evidence that the message was unsolicited.

• Directly or indirectly restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the Service or the Internet including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to use, send, or retrieve information.
• You may not mislead anyone as to your identity, including, without limitation, by pretending to be someone else, falsifying address information or modifying headers to conceal your true identity. This AUP is not intended to disallow the use of screen-names, aliases or anonymous remailers for any legitimate purpose.
• Without limiting the scope of this AUP, you may not use the Service to engage in any form of activity commonly called "phishing," such as sending emails that falsely claim to be from a legitimate enterprise in an effort to induce recipients to surrender private information that will be used for raiding bank accounts, identity theft or other illegal or illegitimate purposes.
• Use or run dedicated, stand-alone equipment or servers from your premises that provide network content or any other services to anyone outside of your premises. Examples of prohibited equipment and servers include, but are not limited to, email, Web hosting, file sharing, and proxy services and servers.
• Use the Service for any purposes other than personal and non-commercial use, including to resell the Service or otherwise make available to anyone outside your premises the ability to use the Service (for example, though Wi-Fi or other methods of networking), in whole or in part, directly or indirectly. The Service is for personal residential use only and you agree not to use the Service for operation as an Internet service provider.
• Connect the Service or Mediacom Equipment to any device not located in your home premises.
• Interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, over loading the Service, improper seizing and abusing operator privileges, and attempts to "crash" a host.
• Access or use the Service with anything other than a dynamic Internet Protocol ("IP") address that adheres to the dynamic host configuration protocol ("DHCP"). You may not configure the Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless you are subject to a Service plan that expressly permits you to do so.
• You must not 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 unless and to the extent you are expressly and specifically authorized to do so by a written agreement with us or the owner of such name, logo or mark.

4. Network Management

Mediacom manages its network with one goal: to deliver the best possible broadband Internet experience to all of its customers. High-speed bandwidth and network resources are not unlimited. If the company did not manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of service. By engaging in responsible network management, Mediacom can deliver the best possible broadband Internet experience to all of its customers.

The company uses reasonable network management practices that are consistent with industry standards. While Mediacom tries to use tools and technologies that are minimally intrusive, its network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet. The tools and techniques that Mediacom uses to manage its network can and do change frequently. For example, these network management activities may include, but may not be limited to: (i) identifying spam and preventing its delivery to customer e-mail accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) temporarily delaying or terminating traffic to or from high-bandwidth users during periods of high network congestion, and (iv) using other tools and techniques that Mediacom may be required to implement in order to meet its goal of delivering the best possible broadband Internet experience to all of its customers.

 5. Data Bandwidth Consumption

Mediacom applies a monthly bandwidth usage allowance (“Monthly Usage Allowance”) to each of its internet service levels. Customers to one of the following service levels shall be subject to the stated Monthly Usage in the table below:

The Mediacom Bolt Internet Monthly Usage Allowances currently in effect are:

Service levels, the amount of any Monthly Usage Allowance or whether a Monthly Usage Allowance is associated with any particular Service level are subject to change at any time in Mediacom's sole discretion. The Monthly Usage Allowance does not: (a) give Customers or any user a right to any bandwidth at any particular moment in time; or (b) carry-over from month to month. Measurement of the Monthly Usage Allowance resets on the first day of the billing cycle, regardless of actual usage during the prior billing cycle. Bandwidth usage is measured for each monthly billing cycle, not by calendar month. The amount of bandwidth usage of Customer's account is the sole responsibility of Customer, whether or not such usage was by Customer or authorized by Customer. You can check your bandwidth usage by logging into your Mediacom “My Account” at https://support.mediacomcable.com/#!/Log/In.

If bandwidth usage of an account exceeds the amount of the applicable Monthly Usage Allowance, Mediacom may charge and Customer agrees to pay an additional monthly usage fee equal to ten dollars ($10) for each additional whole or partial block of 50 GB of usage (“Additional Monthly Usage Fee”). For example, if the Monthly Usage Allowance is 150 GB and 151 GB are actually used, the Additional Monthly Usage Fee would be $10. If the actual usage was 201GB, then the Additional Monthly Usage Fee would be $20. Additional Monthly Usage Fees are not prorated for partial billing cycles. The amount of the Additional Monthly Usage Fee does not include any applicable fees and taxes. The amount of the Additional Monthly Usage Fee and any limits on such amounts are subject to change at any time by Mediacom in its sole discretion. Additional Monthly Usage Fees will not appear on Customer's bills until the billing cycle after the Monthly Usage Allowance was exceeded. Any waiver of its right to bill, or rescission of any Additional Monthly Usage Fees in whole or in part by Mediacom, shall not constitute a future waiver of its right to charge and Customer's obligation to pay future Additional Monthly Usage Fees. Although Mediacom may attempt in the ordinary course of business to inform Customer prior to exceeding a Monthly Usage Allowance, whether or not Mediacom undertakes such attempt, or whether or not such attempt is successful, shall not affect Customer's obligation to pay any Additional Monthly Usage Fees. In addition to charging an Additional Monthly Usage Fee, Mediacom may reduce transmission speed or other Service parameters, limit, suspend or terminate the Service or take other actions.

6. Copyright Infringement

Mediacom provides a method for copyright owners to notify Mediacom if they believe that a user of the Service has infringed their rights and a process to inform customers of alleged infringements. You may receive notices or alerts if your Service account is identified by a copyright owner as having been used in connection with acts of alleged copyright infringement. Please note that as an account holder, you are responsible for all use and misuse of the Service, including copyright infringement claims even if such misuse was done by a guest in your home.  In addition, if Mediacom has a contract with owners or managers of multiple dwelling units (“MDU”) to provide internet service to the residents of that MDU, the owner or manager is the Mediacom customer and would be the party to receive notice from Mediacom of such alleged infringement.     Please visit our Copyright and Trademark Policy for more information.

7. Consequences if you Violate this AUP

You are contractually obligated to abide by this AUP when using the Service and, if you are a subscriber to the Service, to ensure that other individuals who use the Service through your account likewise comply.

Any violation of any of this AUP may result in a demand for immediate removal of offending material, temporary or permanent filtering, blocked access, suspension or termination of all or part of the Service, or other action appropriate to the violation, as determined by Mediacom in its sole discretion. When appropriate in Mediacom's sole judgment, it is Mediacom's preference to give notice so that violations may be addressed voluntarily; however, Mediacom reserves the right and the sole discretion to act without notice. Mediacom may involve, and cooperate with, law enforcement if criminal or other illegal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law.

Neither Mediacom nor any of its affiliates, licensors, contractors or suppliers shall have any liability for any such responsive actions. Mediacom is not responsible for the forwarding of e-mail sent to any account that has been suspended or terminated. Such e-mail will be returned to sender, ignored, deleted, or stored temporarily at Mediacom's sole discretion.

If you or any person using the Service through your account violates this AUP, the foregoing shall not in any way limit Mediacom's rights or remedies under law, your applicable Customer and User Agreement or otherwise available. In addition, you agree to reimburse and indemnify Mediacom and its affiliates, employees, licensors, contractors, suppliers and agents for all claims, suits, proceedings, investigations, liabilities, damages, judgments, costs and expenses, including reasonable attorneys' fees, that directly or indirectly resulting from, arising out of or related to any such violation.

8. How You Can Report Suspected Violations

Any complaints regarding violations of this AUP by any Mediacom customer should be directed to your local Mediacom cable system at the address and telephone number stated on your bills for the Service. Where possible, include details that would assist Mediacom in investigating and resolving the complaint (i.e., expanded headers and a copy of the offending transmission).

* * * * 

Questions regarding this AUP can be directed by you or, if you are not a subscriber to the Service, by the subscriber whose account you use to access the Service to the appropriate local Mediacom cable system at the address and telephone number appearing on the bills for the Service.

ADDITIONAL TERMS AND CONDITIONS-MONTHLY USAGE ALLOWANCE

MEDIACOM INTERNET SERVICE PLAN OFFERINGS

UPDATED JULY 18, 2018 

Use of the Mediacom Internet service (“Service”) is subject to limits as set forth in the Mediacom Residential Customer and User Agreement (“Customer Agreement”), including limits to use of the Service for residential purposes and a monthly data usage allowance (“Monthly Usage Allowance”). Customers to one of the following service plans shall be subject to the Monthly Usage Allowance amount for their service plan as set forth in the table below as well as all other terms and conditions of the Customer Agreement and these Additional Terms and Conditions. By using the Service, Customer agrees to the Customer Agreement and to these Additional Terms and Conditions. Terms capitalized that are not defined below shall have the same meaning as defined in the Customer Agreement.

The Monthly Usage Allowances currently in effect for each Service plan are:

 

   ** Limited availability.

 *** Ultra Plus 3T Internet service is no longer available for new subscriptions.

Service plans, the amount of any Monthly Usage Allowance or whether a Monthly Usage Allowance is associated with any particular Service plan are subject to change at any time in Mediacom's sole discretion. The Monthly Usage Allowance does not: (a) give Customers or any user a right to any bandwidth at any particular moment in time; or (b) carry-over from month to month. Measurement of the Monthly Usage Allowance resets on the first day of the billing cycle, regardless of actual usage during the prior billing cycle. Bandwidth usage is measured for each monthly billing cycle, not by calendar month. The amount of bandwidth usage of Customer's account is the sole responsibility of Customer, whether or not such usage was by Customer or authorized by Customer.

If bandwidth usage of an account exceeds the amount of the applicable Monthly Usage Allowance, Mediacom may charge and Customer agrees to pay an additional monthly usage fee equal to ten dollars ($10) for each additional whole or partial block of 50 GB of usage (“Additional Monthly Usage Fee”). For example, if the Monthly Usage Allowance is 150 GB and 151 GB are actually used, the Additional Monthly Usage Fee would be $10. If the actual usage was 201GB, then the Additional Monthly Usage Fee would be $20. Additional Monthly Usage Fees are not prorated for partial billing cycles. The amount of the Additional Monthly Usage Fee does not include any applicable fees and taxes. The amount of the Additional Monthly Usage Fee and any limits on such amounts are subject to change at any time by Mediacom in its sole discretion. Additional Monthly Usage Fees will not appear on Customer's bills until the billing cycle after the Monthly Usage Allowance was exceeded. Any waiver of its right to bill, or rescission of any Additional Monthly Usage Fees in whole or in part by Mediacom, shall not constitute a future waiver of its right to charge and Customer's obligation to pay future Additional Monthly Usage Fees. Although Mediacom may attempt in the ordinary course of business to inform Customer prior to exceeding a Monthly Usage Allowance, whether or not Mediacom undertakes such attempt, or whether or not such attempt is successful, shall not affect Customer's obligation to pay any Additional Monthly Usage Fees.

All of the Service plans listed above are for "residential accounts" only as described in the Customer Agreement. All usage of the Service shall remain subject to Mediacom's Acceptable Use Policy and the Customer Agreement. Without limitation, Customer's usage of the Service cannot restrict, inhibit, interfere with or otherwise disrupt or cause disruption, performance degradation of other users or impair or threaten to impair the operation of Mediacom's systems or network.

MEDIACOM OPEN INTERNET DISCLOSURE STATEMENT 

The Federal Communications Commission ("FCC") requires broadband Internet providers, like Mediacom, publish the following information regarding our mass-market retail broadband Internet access services, which the FCC defines as “a service marketed and sold on a standardized basis to residential customers, small businesses and other end-user customers such as schools and libraries.” This document provides information regarding any network management practices that we employ, the performance characteristics of our services, and the commercial terms of our service offerings.  These disclosures relate solely to that portion of our overall network devoted to providing mass-market retail broadband Internet access service and are intended to be relied upon by current and prospective subscribers to that service as well as by the providers of "edge" products (i.e., providers of applications, devices, services, and content accessed over or connected to Mediacom's broadband Internet access service).

Other portions of our network may be used to provide cable service, phone service, or other information or specialized services, each of which is subject to its own terms and conditions of service.  In addition, Mediacom may enter into arrangements to provide Internet service to third party establishments (such as coffee shops, bookstores, hotels, libraries, etc.) who then may offer such service to their customers, guests, or others.  Nothing herein is intended to address the network management practices, performance characteristics, or commercial terms that may be adopted by such third -party premises operators in connection with their provision of Internet service to others.

The information provided herein may be revised from time to time as Mediacom deems appropriate.  In addition, the following disclosures should be read in conjunction with Mediacom's "Acceptable Use Policy" ("AUP"), available online at https://mediacomcable.com/legal/acceptable-use-policy/  and with our "Terms of Service," a copy of which is provided to customers at time of installation or which may be obtained by calling 1-855-633-4226.  For further information regarding the services offered by Mediacom in your area, please see www.mediacomcable.com  .

NETWORK PRACTICES: 

Congestion Management:  The bandwidth and network resources used to deliver broadband Internet access service are limited and shared among users.  The FCC allows broadband Internet access service providers such as Mediacom to engage in "reasonable network management practices" to ensure that our customers enjoy a high quality online experience.  The use of network management tools and techniques to conserve bandwidth may cause certain users to notice slower Internet performance, such as longer download and upload times or slower responses while surfing the Internet or playing games.  The effects of network management typically will be noticeable only for a brief period of time, if at all.

At the present time, Mediacom has not found it necessary to deploy any network management tools specifically designed to address the effects of network congestion; however, consistent with the FCC's rules, Mediacom reserves the right to employ the types of "reasonable network management" practices commonly used in the industry to protect consumers from activity that can unreasonably burden our network and cause service degradation.  If and when we deploy specific network congestion management tools, we will update this disclosure statement accordingly.

Usage Allowances: In addition to reserving the right to manage network usage to ensure that the activity of a small number of subscribers at a particular point in time does not degrade, inhibit or interfere with the use of our network by others, Mediacom also maintains a usage allowance policy that addresses total usage of an account in a billing month. 

Customers to one of the following service tiers (certain tiers are not available in all areas) shall be subject to a monthly usage allowance (“Monthly Usage Allowance”) amount for their service plan as set forth in the table below:

The Monthly Usage Allowance does not: (a) give Customers or any user a right to any bandwidth at any particular moment in time; or (b) carry-over from month to month. Measurement of the Monthly Usage Allowance resets on the first day of the billing cycle, regardless of actual usage during the prior billing cycle. Bandwidth usage is measured for each monthly billing cycle, not by calendar month. The amount of bandwidth usage of Customer's account is the sole responsibility of Customer, whether or not such usage was by Customer or authorized by Customer.

If bandwidth usage of an account exceeds the amount of the applicable Monthly Usage Allowance, Mediacom may charge an additional monthly usage fee equal to ten dollars ($10) for each additional whole or partial block of 50 GB of usage (“Additional Monthly Usage Fee”). For example, if the Monthly Usage Allowance is 150 GB and 151 GB are actually used, the Additional Monthly Usage Fee would be $10. If the actual usage was 201GB, then the Additional Monthly Usage Fee would be $20. Additional Monthly Usage Fees are not prorated for partial billing cycles. The amount of the Additional Monthly Usage Fee does not include any applicable fees and taxes. For more information regarding the Monthly Usage Allowance, please see “Additional Terms and Conditions-Monthly Usage Allowance” at  https://mediacomcable.com/legal/additional-terms-and-conditions/.

 Please see our Acceptable Use Policy (“AUP”) at  https://mediacomcable.com/legal/acceptable-use-policy/ for more information regarding customer use of Mediacom's Internet access service.

Application-Specific Behavior:  Mediacom does not discriminate against or prevent users of its broadband Internet access service from sending and receiving the lawful content of their choice; running lawful applications and using lawful services of their choice; or connecting their choice of legal devices, provided that such applications and services do not harm the network or the provision of broadband Internet access service, facilitate theft of service, or harm other users of the service.  Similarly, Mediacom does not impair or degrade particular content, applications, services or non-harmful devices so as to render them effectively unusable, subject to the reasonable network management practices outlined herein.

Mediacom reserves the right, in accordance with applicable law, to employ reasonable network management practices to prevent certain harmful or illegal activity such as the distribution of viruses or other malicious code or the transfer of child pornography or other unlawful content.

Device Attachment Rules: Mediacom broadband Internet access service customers can either lease a modem from Mediacom or purchase their own modem at retail. Customers who choose to purchase the modem are required to use a tested and certified DOCSIS 3.0, 3.1 or other compliant modem to connect to Mediacom’s network which is capable of achieving the speed and other features and functionalities associated with the particular tier of service a customer has purchased.  Use of an incompatible retail modem may cause a service interruption. Information regarding compatible retail modems can be found at https://mediacomcable.com/compatible-retail-modems. Mediacom recommends that customers replace incompatible equipment with a compatible device.

Security:  Mediacom employs certain practices to protect the security of our customers and network from unwanted and harmful activities.  These include practices designed to protect our servers against Denial of Service attacks and to prevent viruses, worms, spyware, spam and identity theft.  In order to ensure the effectiveness of our security practices, we do not publicly disclose specific information detailing the levels and types of activities that may trigger our deployment of security protection measures. When security measures are employed, they may affect performance characteristics of service or the ability to access certain suspicious websites, but such measures are employed in a manner designed to have non-discriminatory impact on all similarly-situated customers.

Mediacom makes available certain security tools for use by our customers at no additional charge.  For more information, contact Mediacom.

PERFORMANCE CHARACTERISTICS:  

Service Description: Mediacom provides what is known as a "fixed broadband" Internet access service that is designed to provide the capability to transmit data to and receive data from all or substantially all Internet end points.  Mediacom offers multiple packages (or "tiers") of broadband Internet access service for residential or commercial use with varying speeds, features and bandwidth usage allowances that may affect the suitability of such service for real-time applications.  The features, pricing and other commercial terms of our service offerings are modified from time to time, and not all packages are available in all areas.  Each package is priced to reflect the particular speed, features and bandwidth usage allowances of that package.  Full descriptions of currently available packages, including pricing information and information about the suitability of particular packages for particular online activities can be found on the Mediacom's website at www.mediacomcable.com.

Performance Metrics: The FCC requires that we disclose information regarding the actual upstream and downstream speeds users can expect to experience with their service.   Our advertised speeds are estimates (i.e., "up to" the specified speed) and our Internet access service is provided on a best efforts basis and cannot be guaranteed.  The actual speed a subscriber experiences may vary based on a number of factors including, but not limited to (i) variances in network usage; (ii) the capabilities and capacities of the customer's computer and/or local area network (LAN) devices such as wireless routers; (iii) latency (i.e., the time delay in transmitting or receiving packets as impacted in significant part by the distance between points of transmission); (iv) the performance of the content and application providers the consumer is accessing, such as a search engine or video streaming site; and (v) performance characteristics of transmissions over portions of the Internet that are not subject to Mediacom's control.

There are a number of publicly available sources of information regarding actual broadband performance, each of which uses a different methodology and thus may produce different results. For instance, along with various other broadband providers and the FCC, Mediacom participates in an ongoing study of mass-market broadband services in the United States in which information regarding broadband performance is compiled for different regions across the country. The results of that study in 2018 can be found on the FCC’s website at  https://data.fcc.gov/download/measuring-broadband-america/2018/2018-Fixed-Measuring-Broadband-America-Report.pdf.

This study measured the ratio of median download speed to advertised download speed (as a national average) during peak times for Mediacom service tiers.[1]

The study also measured the ratio of median upload speed to advertised upload speed (as a national average) during peak times for Mediacom service tiers.[2]

Mediacom offers several other speed tiers but the FCC’s test did not measure all. However, the results from that study are illustrative of what can be expected using these methodologies with the speed tiers that were not tested. In addition, because those test results reflect nationwide averages, the actual speeds users will experience in their specific locations may differ.

In addition, this study attempted to account for many of the factors that can impact users’ actual, experienced end-to-end broadband speeds, unlike many other speed measurement tests, it is important for consumers to realize that online speed tests rely on a different testing methodology than that used in the FCC study discussed above, and results may therefore differ. Moreover, because speed tests measure performance at that particular time, the results may vary depending on when the test is run.

We also are required by the FCC to provide information regarding "latency." Latency is a measurement of the average time that it takes for a data packet to travel from one point on a network to another.  Latency is typically reported based on "round-trip" time and expressed in milliseconds.  While the impact of latency generally is not noticeable by customers, it can have an impact on networks and on certain types of Internet applications.  For example, according to the FCC, high round-trip latencies can have a perceptible impact on the quality of voice services.  High definition multiplayer online games also may be sensitive to latency.     

The FCC study noted above also included data on latency[3]. For Mediacom, the average latency (measured in milliseconds) for all tested service tiers was as follows:

Impact of Specialized Services:  The FCC's "Open Internet" rules distinguish between our mass market retail broadband Internet access services and "specialized services" that share capacity with our broadband Internet access service over our last-mile facilities.  Examples of such "specialized services" may include Mediacom's voice over IP phone ("VoIP") service.  Such services, which are not subject to the same rules as our broadband Internet access services, share bandwidth with our Internet access service and because of their nature sometimes receive priority; thus, increased use of our phone service may temporarily impact our broadband Internet access service at particular times.  We routinely monitor any such services to minimize their impact on our broadband Internet access service.

COMMERCIAL TERMS:

Pricing:  As noted above, Mediacom offers multiple tiers of broadband Internet access service.  The current pricing and other terms and conditions of these tiers (including information regarding fees for early termination or additional network services) can be found at www.mediacomcable.com or www.mediacomtoday.com or obtained by calling our customer service center at 1-855-633-4226.  The pricing and other commercial terms of our broadband Internet access services are subject to change and the information provided in this disclosure statement is not intended to supersede or modify any of the terms and conditions of service as applicable to a particular customer.

Privacy Policies: Your privacy is very important to us.  Personal information you provide to Mediacom is governed by the Mediacom's Privacy Policy, which is posted on Mediacom's Website at https://mediacomcable.com/legal/privacy-notice/ and is subject to change from time to time.  Personal information provided by you to the Mediacom is used primarily to provide a customized experience as you use our services, and is generally not shared with third parties.  Mediacom reserves the right, as required or permitted by law, to provide account and user information, including email, to third parties and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter.  Such cooperation may include, but is not limited to, monitoring of Mediacom's network consistent with applicable law.

Redress Options:  For immediate assistance with issues or complaints involving your broadband Internet access service, please contact our customer service centers at 1-855-633-4226.  We have agents available 24 hours a day, seven days a week.   Customers can also email us at https://support.mediacomcable.com/#!/About/Contact/Customer  or can contact our social media group at our Twitter and Facebook sites.  Written complaints can also be sent via U.S. mail to:  Mediacom Communications Customer Service Department, One Mediacom Way, Mediacom Park, NY 10918.   The FCC has established procedures for addressing informal and formal complaints relating to its "Open Internet" rules.  For information concerning these formal and informal complaint procedures, please refer to the FCC's website at https://www.fcc.gov/guides/getting-broadband.

 

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CABLE SERVICE NOTICE

This Cable Service Notice (“Notice”) provides certain information regarding Mediacom’s cable service and the policies and procedures Mediacom has instituted in providing this Service. More detailed information is found in Mediacom’s Residential Customer and User Agreement, which can be found at https://mediacomcable.com/legal/residential-customer-and-user-agreement/ (“Customer Agreement”).  The disclosures in this Notice do not modify any provisions of the Customer Agreement.

CABLE PRODUCTS AND SERVICES

Mediacom makes a variety of video programming services (individually “Service” and collectively “Services”) available.  Services available in your community and pricing information for each can be found by looking up your zip code at:   https://mediacomcable.com/rate-card (“Rate Card”).

Basic Service Tier: The Basic Service Tier, Local PlusTV, is the lowest level of video service provided and includes off-air broadcast stations (ABC, CBS, NBC, FOX, etc.) and may include any public, educational and government access channels.  The Basic Service Tier may vary for each community and is subject to change.   Cable subscribers must subscribe to the Basic Service Tier to subscribe to any other cable Service.  In all-digital systems, a digital receiver or CableCARD is needed to view the Basic Service Tier.

Optional Cable Services: Where available, the following are Optional Cable Services in addition to the Basic Service Tier.  Each of these Services may vary from community to community and is subject to change.  Optional Cable Services are encrypted and need additional equipment to view.  You can lease this equipment from Mediacom or you may be able to purchase certain equipment at retail, which will need a CableCARD to work with Mediacom’s cable systems (see Equipment section below). 

TV Essentials: Similar to Family TV, TV Essentials consists of general entertainment, local channels, news and information programming but does not include sports programming. TV Essentials is available in select areas.

FamilyTV: Mediacom’s Expanded Basic Service consists of general entertainment, sports, news and information programming. The channels included in FamilyTV vary by community.

Digital Paks: Subscription to FamilyTV  required.  Consult your local Rate Card for package availability.

Premium Channels:  You may subscribe to premium channels (e.g., HBO, Showtime) for an additional monthly fee. Not all video service features may be available based on your equipment choice.

Pay-Per-View (“PPV”): Mediacom may make available for purchase pay-per-view programs and special events.  Check your local listings.

Video OnDemand (“VOD”): Certain cable networks make available some of their programming to view on-demand at your convenience.  

DVR Service: For a monthly fee, subscribers of FamilyTV may separately subscribe to Mediacom’s digital video recorder (“DVR”) Service, which allows you to record your favorite shows.  In addition to the DVR Service fee, DVR Service requires a DVR, which you can lease for a monthly fee.  In communities where TiVo® DVR Service is available, you also have the option to purchase a retail TiVo® DVR, for which you will need a CableCARD; certain features, such as VOD and PPV are not available when using retail TiVo® DVRs and TiVo® receivers. To view your recorded programs on other TV sets, you will need to subscribe to Mediacom’s Multi-Room DVR Service, as well as have an additional TiVo® receiver for each TV set, also available for lease from Mediacom or retail purchase.  More details regarding TiVo® DVR features are available below.

EQUIPMENT

Many modern digital devices are certified as “digital cable ready” and may connect directly to the cable system to receive unencrypted digital channels, and if equipped with a Mediacom-issued CableCard (discussed below), encrypted standard and HD digital television signals without a digital receiver.  If you do not have a “digital cable ready” device or if you would like to receive access to Mediacom’s two-way features, including our interactive program guide, PPV and/or VOD, additional equipment is needed.

Equipment Availability: Mediacom makes equipment available for lease, and some equipment may be available for purchase at retail (as outlined below).  Retail devices currently do not support two-way features, including Mediacom’s interactive program guide, as well as PPV or VOD.   Retail devices require lease of a CableCARD to work with Mediacom’s cable systems. Before purchasing any retail equipment, please contact Mediacom Customer Service to make sure it meets our technical, security and other requirements.

Installation:  Installation of Mediacom or customer-owned equipment may require a service call subject to an additional fee.  Equipment and related fees are outlined in your Rate Card.   You may request cable service by either calling Mediacom at 1-844-987-3260 or by visiting Mediacom’s website at https://shop.mediacomcable.com or your local Mediacom store.

Types of Equipment: Specific equipment availability varies by community.

Digital Receiver (includes remote):  A digital receiver is needed if (1) you have older TV sets or other equipment that are not capable of receiving all Mediacom channels, including some broadcast stations that are carried above channel 13, or if your equipment experiences interference; (2) you would like to access certain programming that Mediacom encrypts for security reasons; (3) you would like to take advantage of the interactive features Mediacom offers, such as our interactive program guide, OnDemand or Pay-Per-View or (4) if you would like to set certain parental controls.

Digital Adapter:A pared-down digital receiver that only allows viewing of live, linear programming.  Does not support Mediacom’s interactive guide, VOD/PPV or premium channels.

DVR (includes remote):  A digital receiver that is capable of recording and storing video programming.  Use of Mediacom’s DVR Service requires a DVR. If you would like to access stored programming on a TV other than the TV connected to your DVR, you will need additional digital receivers (contact Mediacom Customer Service to discuss your specific equipment needs).  Some communities offer TiVo® DVR Service.

Digital Gateway:   You will need a Mediacom digital gateway for Mediacom’s interactive guide and VOD and PPV access. The digital gateway may not be compatible with all retail devices and certain features may not be available due to your equipment choice.

CableCARD:   If you buy retail equipment, you will need to lease a Mediacom CableCARD for a nominal monthly fee.  Each separate retail device may require its own CableCARD.  Currently, no CableCARD-enabled device available at retail is capable of accessing Mediacom’s interactive services, such as Mediacom’s interactive program guide, PPV, or VOD. You may, however, contact Mediacom to order a PPV movie or event.

Remote Controls: Mediacom provides a remote control with the digital receivers and DVRs it leases.  Remote controls that come with other equipment you have may also work with certain Mediacom equipment, and “Universal” remotes may be available for retail purchase that work with some but not necessarily all features of Mediacom’s digital receivers.  Contact Mediacom Customer Service to learn more about remote control compatibility. 

Other:  For your convenience, Mediacom may make available for purchase other equipment subject to a one-time fee.

INSTRUCTIONS ON HOW TO USE THE CABLE SERVICE

Mediacom Remote^: Your Mediacom digital receiver or DVR includes a remote that helps you navigate through all your TV functions.  A yellow highlight is your indicator as you use your remote to see what’s on TV. As you navigate listings using your remote, the highlight appears on screen to indicate your current selection.

• Press the (Up, Down, Left, Right) buttons on your remote to move the highlight.
• Press OK to make your selection.
• Press the EXIT button on your remote to return to watching TV.

^ Other remotes may work with Mediacom’s cable systems.  See Equipment section above for more details.

 i-Guide:  In i-Guide, Mediacom’s interactive program guide, yellow is the highlight color. To navigate the i-Guide, use the Up, Down, Left, Right arrows on your remote control. The highlight appears on-screen to indicate your current selection. Press OK/SELECT to confirm your selection. Press EXIT on your remote to return to watching TV.

OnDemand

Accessing OnDemand:  You can access OnDemand programming by pressing the OnDemand button on your remote or going to Channel 1.

Premium OnDemand: When you have a subscription to a premium channel, such as HBO or Showtime, you will receive access to its library of available titles, including movies currently playing, new original programming, older episodes and special features.

TiVo® DVR Service and TiVo Multi-Room DVR Service

TiVo® Remote & Guide: At the top of yourTiVo remote is the TiVo button; when pressing the TiVo button, you will be taken to the TiVo Central screen, which is the starting point for most of what you do with TiVo. You can see a list of your recordings and streaming videos, find new shows to watch, see OnDemand choices, and more. To get to the TiVo Central screen from live TV or any other TiVo screen, just press the TiVo button at the top of your TiVo remote. Use the UP, DOWN, LEFT, and RIGHT arrows on the remote to move around, then press the SELECT button on an option that interests you.

Television Picture Quality

If you experience problems with the quality of the television signals you receive, please call us at 855-633-4226.  Often, we can help resolve your problem over the phone but if we cannot, we will set up an appointment for a skilled technician to come to your home.  If you feel the visit did not resolve your problem satisfactorily, please call us again and we will review the actions taken, further try to resolve it and, if we cannot, explain why not.

Parental Controls

There are a variety of tools to help you make sure your family has access to only those shows and/or channels you want them to watch, including parental controls offered by Mediacom, the V-Chip on your TV set and the TV Parental Guidelines ratings system. With Mediacom parental controls, you can set limits based on movie and TV ratings, lock specific channels, prevent unauthorized purchases, and prevent viewing of recorded shows that violate the settings you choose. Contact Mediacom Customer Service to discuss your individual needs or visit www.famfriendly.com or www.tvguidelines.org  for more information. 

V-Chip and TV Parental Guidelines:  Using the TV Parental Guidelines (also known as TV Ratings), which provide you information about the content of television programs and appear in the upper left control of your TV screen at the beginning of a program, you can use the V-Chip, a device found in most newer TV sets, to control the programs your family watches. Details about the TV Parental Guidelines can be found at www.famfriendly.com or www.tvguidelines.org. 

i-Guide: There are several ways to access parental controls in the i-Guide. Press the Lock button on your remote (not all remotes have this button); select the lock icon from the Quick Menu; select the lock icon from any program info screen to lock a specific program; or click on parental controls from the Main Menu or Setup Menu.

TiVo®:  From the TiVo® Central screen, choose Settings & Messages, then Parental Controls.

CHANNEL POSITIONS AND PROGRAMMING CARRIED ON THE SYSTEM

The channel lineup for your community can be found by looking up your zip code at: https://mediacomcable.com/products/television/channel-lineup/. Mediacom may rearrange, add, delete, change the format of or otherwise change the TV stations and/or cable networks, programs or other components of any of its Service. Not all channels are available in all areas; available channels, including HD channels, will vary depending on the level of Service to which you subscribe and the availability of individual channels or programming in HD. Mediacom provides notice to its customers at least 30 days in advance of any addition, deletion or channel repositioning of programming within its control, or rate changes.

BILLING PROCEDURES

Credit Checks: Mediacom may verify your credit standing, including through credit reporting agencies.

Deposit Requirements: As outlined in your Customer Agreement, Mediacom may require a deposit as a condition to providing Service or Mediacom equipment.  A deposit does not relieve you of responsibility for the prompt payment of bills when due. As outlined in the Customer Agreement, you have authorized us to use the deposit as payment of any amount owed to Mediacom.

When Billing Begins; Order Cancellation:  Charges for any Service(s) will begin as of the date Mediacom makes such Service(s) available for use.  Even, if you cancel before the Service(s) commence, you may be obligated to pay termination fees and expenses. 

Fees and Charges You Must Pay:  Your monthly bill will include recurring charges for the Services to which you subscribe, along with any non-recurring charges, taxes and other applicable charges and additional fees.

Recurring Charges:  Periodic, continuing charges for the Services and leased equipment. Ordinarily, monthly recurring charges for the Services and leased equipment are billed in advance.

Non-recurring Charges: Charges such as installation, equipment subject to a one-time charge, equipment delivery and return, service calls not caused by Mediacom’s network failure, Services provided on a per-program basis and other non-recurring charges ordinarily will be billed in the following month.

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, unless applicable law requires otherwise.

Additional Fees:  Additional fees or charges may apply, including late fees, fees for returned checks, charge card chargeback, early termination, reconnection, service calls subject to a fee as outlined in our Rate Card, and fees and costs associated with collecting past due balances.

You Must Pay for Services Even if Unavailable Due to Your Acts or Omissions or Other Causes Beyond Mediacom’s Control: Unless as otherwise stated, if a Service is unavailable or its quality is degraded because of any act or omission by you or any third party, or due to reasons beyond Mediacom’s control, your obligation to pay for such Service continues without reduction.

Bill Disputes:  You must notify Mediacom of any billing dispute within thirty (30) 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 the Customer Agreement, unless you have opted out of arbitration at the time you entered into the Customer Agreement.

Refunds: Any prepayment for Services not received will first be applied to offset termination charges, fees or other amounts you owe. No refund or credit will be required because of any interruption in Services or change to Services or Service terms, or for any other reason, except as expressly required by legal requirements that cannot be changed by agreement of the parties.

Unless otherwise required by law, if there is a complete failure of Service for 24 consecutive hours or more, excluding any interruption that is scheduled or due to a power outage, inclement weather or any other force majeure event, you are entitled, upon request, as your sole and exclusive remedy, to a prorated credit of monthly recurring charges for the affected Service for the period that such failure continues beyond the first 24 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 30 days.

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 Customer 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.

PAYMENT OPTIONS

Mediacom accepts the following forms of payment:  cash, check, credit card, debit card, one-time Electronic Funds Transfer or Auto-Pay set up through our Electronic Bill Payment Procedures.  Payments can be made by mail, in person at your local Mediacom customer office, online at www.mediacomcable.com (go to Account > Pay Bill) or by calling Mediacom at 855-633-4226, or other Mediacom payment locations.

Payment by Check and Money Orders: Payment by check or similar instrument is considered timely only upon processing by Mediacom or our third-party processing agents on or before the due date.   Please make sure to allow sufficient time when mailing your payment to ensure it is processed by the due date.  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.

Payment by Credit or Debit Card:  Mediacom charges your credit or debit card on file for all amounts you owe.  You must notify Mediacom promptly of any change in credit or debit card information, including cancellation of any card used for payment or inadequate balance to make a committed payment. 

Electronic Bill Payment Service: You may choose to enroll in Mediacom’s electronic bill payment service to make either a one-time payment or to sign up for automatic recurring payments (“Autopay”). Payments will be made by either electronic funds transfers made directly from your bank account or through use of your debit card (each an "EFT") or by charging your credit card account. By using Mediacom’s Electronic Bill Payment Service (“EBP”) Service for a one-time payment of a billing statement, you authorize Mediacom to obtain payment in the amount due for such billing statement from your designated bank or credit card account. By using the EBP Service for AutoPay, you authorize Mediacom to obtain payment in the amount of the total due for each monthly billing statement from your designated bank or credit card account on a recurring basis until you terminate the authorization.

Please visit    https://mediacomcable.com/legal/electronic-payments for the full terms and conditions of Mediacom’s Electronic Bill Payment Service.

COMPLAINT PROCEDURES

In the event you experience a problem with your bill or Services, you can call Mediacom at 855-633-4226, which is available 24 hours a day. If a complaint remains unresolved, you may elect to write a brief explanation of the complaint and actions taken, and bring them to the attention of Mediacom's corporate office by mailing to Mediacom, Attention: Legal Department, 1 Mediacom Way, Mediacom Park, NY 10918. During this dispute period, we will not terminate Service provided you pay the undisputed portion of any outstanding or future bills.

If, after first contacting Mediacom, your dispute remains unresolved, local governments may designate individuals, councils, boards, committees, or commissions to assist in resolving complaints and ensure compliance with all laws and regulations. Please consult the local franchise authority listed on your monthly billing statement. If you reside in one of the following states, you may contact the state agency applicable to the state you live in.

Iowa customers may request assistance from the Iowa Utilities Board (IUB) by calling 877-565-4450, emailing customer@iub.iowa.gov or sending a letter to Customer Service, 1375 E. Court Avenue, RM 69, Des Moines, Iowa 50319-0069.

Michigan customers may request assistance from the Michigan Public Service Commission (MPSC) by calling 1-800-292-9555 or visiting www.michigan.gov/mpsc.

North Carolina customers may request assistance from the Consumer Protection Division of the Attorney General's Office of the State of North Carolina at ncdoj.gov/protecting-consumers/mail-cable-tv/cable-tv/.

CUSTOMER EQUIPMENT NOTICE

Mediacom Services are provided in accordance with Mediacom’s relevant “Customer Agreements” as in effect and modified from time to time; the Customer Agreements can be found online at https://mediacomcable.com/legal. Capitalized words used herein shall have the meaning ascribed to them in the relevant Customer Agreement.

Mediacom Services may require use of special equipment at your Premises. If you choose to provide your own Customer Equipment, whether purchased from Mediacom or a third party (retail), in connection with a Service, you should ensure that the device is compatible with Mediacom’s network. If Customer Equipment is not compatible with Mediacom’s network, you may not receive the full features, functionality or speed for which you are paying. Mediacom suggests that you choose an appropriate device for your Mediacom Services or downgrade your Service accordingly so that you are not paying for capacity that you cannot use.

MODEMS

Mediacom’s Internet Service requires the use of either a DOCSIS 3.0 or DOCSIS 3.1 modem, depending on your service level, to ensure You are experiencing optimum Internet speed performance. You may choose to purchase your own modem, whether from Mediacom or at retail.  The list below contains retail modems that: (1) have been tested by Mediacom for compatibility with Mediacom’s network; and (2) based on manufacturer specifications, should be capable of provide the wired download speeds indicated. There may be other retail modems that are compatible with Mediacom’s network, please call 1-855-633-4226 to speak with a customer service representative.

Once you know your Internet plan’s download speed, choose a device below that can accommodate that speed (see, https://mediacomcable.com/openinternet for information on factors that could cause speeds to vary). Keep in mind, modems capable of providing speeds higher than your Internet plan are fine, but modems only capable of providing speeds lower than your Internet plan will result in poor performance and you will not receive the full speed for which you are paying.

Vendor	Model	DOCSIS Version*	Wired Download Speed Capability**	Compatible Mediacom Internet Plans ***
				Internet 60	Internet 100	Internet 200	Internet 500	1Gig
ARRIS Group, Inc.	SB6190	3.0	60mbps-200mbps	x	x	x
ARRIS Group, Inc.	SB8200	3.1	500mbps +	x	x	x	x	x
Motorola Corporation	SB6141	3.0	60mbps -200mbps	x	x	x
Motorola	SB6121	3.0	60mbps-200mbps	x	x	x
Motorola Corporation	SB6183	3.0	60mbps -200mbps	x	x	x
Netgear	CM1000	3.1	500mbps +	x	x	x	x	x
Netgear	CM1100	3.1	500mbps +	x	x	x	x	x
Zoom Telephonics, Inc.	MB7220	3.0	60mbps -200mbps	x	x	x
Zoom Telephonics, Inc.	MB7420	3.0	60mbps -200mbps	x	x	x
Zoom Telephonics, Inc.	MB8600	3.1	500mbps +	x	x	x	x	x

 *DOCSIS is an acronym for Data Over Cable Service Internet Specification. It’s the international standard used for hardware that provides internet service over a cable system.

** Your wired download speed refers to how fast your modem pulls data from the Internet via wired connection. Actual plan speeds may vary, see, https://mediacomcable.com/openinternet for information on factors that could cause speeds to vary.

***Internet plans are subject to a monthly data usage allowance. Please see https://mediacomcable.com/usageallowance for more information.

The above listed retail modems will not work with voice service; if You subscribe to Mediacom voice service, there may be retail modem/eMTAs available for purchase which are compatible with Mediacom’s network. Please call 1-855-633-4226 to speak with a customer service representative.

CABLE BOXES

You may purchase a CableCARD compatible device, such as TiVo, and rent a CableCARD from Mediacom. A CableCARD is a device, roughly the size of a credit card, that can be used with a compatible retail device to access Mediacom TV Services.   Not all video service features may be available based on your equipment choice.

You may always call Mediacom at 1-855-633-4226 and a customer service representative can help you determine whether your Customer Equipment is compatible with our network.

MEDIACOM 90-DAY SATISFACTION GUARANTEE

Mediacom Services are provided in accordance with Mediacom’s relevant “Customer Agreements” as in effect and changed from time to time; the Customer Agreements can be found online at https://mediacomcable.com/legal. Capitalized words have the meaning given to them in the relevant Customer Agreements. When subscribing to Mediacom Services, you agree to the terms and conditions in our Customer Agreements.

The 90-day Satisfaction Guarantee covers the delivery of Service(s) and any equipment that you receive from Mediacom. Mediacom may change these terms or discontinue the money-back guarantee at any time without notice.

If within the first 90 days after installation of your Service(s) you are not completely satisfied, you may cancel your Service(s) and Mediacom will refund, as described in the “Refund” section below, the monthly charges you actually paid to Mediacom and which are not listed as non-refundable below.

Refund: Unless otherwise provided by law, one-time installation and activation fees, transactional TV purchases (Pay-Per-View or OnDemand) transactional phone purchases (per-minute domestic and/or international long-distance, directory assistance, and operator assistance charges) and any data usage overage fees will not be refunded. Any refund will come in the form of a credit first; if you continue to receive other Services with Mediacom, you will receive a credit for the cancelled Services on your next billing statement. If you cancel all Mediacom Services, you will first receive a credit to be applied against any outstanding financial obligations and then receive a check for any remaining amount.

TiVo REMOTE

 

Subscriber Privacy Notice

This Subscriber Privacy Notice (“Notice”) applies to subscribers of services provided by cable systems controlled by Mediacom Communications Corporation or its affiliates and subsidiaries (“Services”). Services are our:

• Cable television service, including video-on-demand and pay-per-view service
• Internet access service
• Phone service
• Home or premises security or monitoring services

In providing Services, we obtain information about you and your use of those Services. This Notice tells you our policies regarding the collection, retention, use and disclosure of that information. It applies to all kinds of accounts, including residential, commercial and governmental.  If you are a non-residential subscriber, you may have a separate agreement with us that has terms that differ from these policies.  If so, that separate agreement will govern.

We sometimes use the word “customer,” “you” or “your” to refer to any subscriber to a Service and to the operator of the relevant cable system as “Mediacom” “we,” “our” or “us.”

We sometimes try to help you understand a statement we make by giving an illustration using the words “for example,” “such as,” “includes,” “including” or something similar.  When doing this, we do not intend to limit the scope of the statement to just the specified items or situations.

Some information is obtained when a Service is used, but we typically cannot tell if the actual user is you (the account holder) or someone else using your account, such as a spouse, child, employee or visitor/guest. Because such usage is through devices associated with or logged into your account, we attribute all usage data to you and treat it in the same way as we describe for information about your personal usage. You should assure that people who use the Services through your account are aware of the policies in this Notice.

In general, our policies apply to your interaction with us as a customer, whether “online” (such as when you subscribe to a Service on our website) or “offline” (such as when you subscribe using the phone or at one of our offices).  For our Mediacom Websites, our Website Privacy Policy, which covers topics relevant to website visitors, such as the use of “cookies,” applies. You can find our Website Privacy Policy by going to https://mediacomcable.com/legal/website-privacy-policy

The Services may allow you to interact with companies and individuals who Mediacom does not control. By doing so, you may enable them to independently learn information about you. In addition, cable boxes, DVRs, modems and other devices used to provide our Services are manufactured and supplied to us by third parties that we do not control. In theory, the devices could be set up to gather information about usage or even monitor activities at your service location and report the data back to some third party. The policies in this Notice do not apply to information that you independently provide to any third party; Mediacom is not responsible or liable for any third party’s collection, use or disclosure of any such information.

Special Rules Apply to “Personal Information,” “Personally Identifiable Information” and “Consumer Proprietary Network Information”

Some of the information Mediacom obtains from you or your use of our Services is “personal information,” meaning it is information that can be associated with you. If you are a California customer, the California Consumer Privacy Act (CCPA) expands the definition of “personal information” and grants California consumers the right to know what personal information a business collects, sells, or discloses about them. Please read our Privacy Notice for California Consumers located at https://mediacomcable.com/legal/ccpa-privacy-notice/.

Some information about you and your account that Mediacom knows or learns is “personally identifiable.” Information is “personally identifiable” if it identifies or can reasonably be used to figure out the identity of a specific customer, such as name and street address, telephone number or email address. It can also include other information that is linked to an identified customer. Information that is not linked to personal identifiers, such as your name or address, is not “personally identifiable.” Information can begin as personally identifiable, but become “de-identified” or anonymous because it is separated from your name or information that identifies you as a person.  Sometimes data that is anonymous could be made personally identifiable if we link it to other information that identifies you as a person.

To illustrate, your gender and age would be “personally identifiable” if combined with your name or other information that can readily be used to identify you. Similarly, television viewing, Internet navigation or phone usage data would be “personally identifiable” if linked with your name or address. However, none of these kinds of information would be “personally identifiable” if separated from your name and other identifying data.

The distinction between information that is or is not personally identifiable is important because two sets of provisions in a Federal law, the Communications Act of 1934, impose specific obligations upon us with respect to personally identifiable customer information:  (1) Section 631 of the Communications Act, which applies to cable television and certain other services offered by cable companies (we call this the “Cable Privacy Law”) and (2) Section 222 of the Communications Act, which applies to telecommunications services (we call this the “Telecommunications Privacy Law”).

Our privacy policies for all of our Services are based at least in part on the Cable Privacy Law. The Cable Privacy Law imposes restrictions on cable operators’ collection and disclosure of personally identifiable information related to the relevant Services.  As described in more detail in this Notice:

• A cable system generally may be used to collect personally identifiable information concerning a subscriber only:
• with his or her prior written or electronic consent;
• in order to render cable or other services to that subscriber; or
• to detect unauthorized reception.
• Subject to certain exceptions, cable operators may not disclose personally identifiable information about a subscriber except:
• as necessary to render Service to that subscriber or conduct a related, legitimate business activity; or
• with the subscriber’s consent. 
•  Before complying with a demand by someone for information about you, we may have to notify you and you may have the right to contest the disclosure in a court. There are exceptions, such as some requests by law enforcement.

Our obligations and your rights under the Cable Privacy Law do not apply to information that is not “personally identifiable.”

If you subscribe to Mediacom phone Service or any other Service classified as a “telecommunications service,” the Telecommunications Privacy Law creates certain additional customer rights and obligations on our part with respect to a category of information known as "customer proprietary network information" or "CPNI."CPNI generally relates to the quantity, technical configuration, type, destination, location and amount of your use of the relevant Service and that is made available to us solely by virtue of our customer relationship with you.  CPNI also includes information in your bills pertaining to your phone Service.  Individual elements of CPNI in isolation may or may not be personally identifiable information depending upon whether or not that element personally identifies you. CPNI does not include so-called “subscriber list information,” which is any information that (1) identifies the listed names of our phone subscribers and their phone numbers, addresses and “primary advertising classifications” and (2) that we have published, caused to be published, or accepted for publication in any directory format.  Our obligations and your rights under the Telecommunications Privacy Law do not apply to information that is not “CPNI.”  Pursuant to an order of the Federal Communications Commission (FCC), our Internet access service is scheduled to become classified as a “telecommunications service” subject to the Telecommunications Privacy Law in June 2015, but not to the FCC’s related rules implementing that law, many of which were designed specifically for telephone service.  We will take reasonable, good faith steps to protect the CPNI of our broadband customers in accordance with the Telecommunications Privacy Law, as applicable and as described in this Notice.

If your rights under the Cable Privacy Law or the Telecommunications Privacy Law are violated, then you have certain rights and remedies, as discussed under the caption “Remedies If Your Rights Are Violated” below.

The Cable Privacy Law requires that each subscriber to a relevant service be furnished with a separate, written statement about the cable operator’s privacy policies concerning personally identifiable information at the time of entering into an agreement for the service and at least annually thereafter.  This Notice is intended to be Mediacom’s required statement.  Accordingly, in following sections of this Notice, we describe our policies regarding the following six topics required by the Cable Privacy Law:

• The kinds of personally identifiable information we collect.
• How we use that information.
• The nature, frequency and purpose of any disclosure we may make of that information and the types of persons and entities to which the disclosure may be made.
• The period during which we will keep that information.
• The choices available to you regarding collection, use and disclosure of that information, the times and places at which you may have access to that information.
• Certain rights you may have regarding that information.

 The Kinds of Personally Identifiable Information We Collect And How We Get It

We obtain various kinds of information about you or the use of your Services in a number of different ways.  Subject to our policies in this Notice and applicable law, this may include any or all of the following:

Information You Furnish or Other Basic Account Information.

When you sign up for a Service or during the course of your customer relationship with us, you may give us information we use to set up and manage your account and related purposes.  Such information may include your name, service address, billing address, work address, email address, home telephone number, work telephone number, mobile phone number, date of birth, social security number, driver’s license number, credit card, debit card and bank account information and other financial and non-financial information.  

Depending on the Services we provide, we may collect other information, such as the Service options you have chosen; the features and functionalities of our Services and equipment that you access or use; the number, location within your home and configuration of television sets, converters, modems, personal computers, telephones or other Service-related equipment; equipment maintenance and repair records; a record of whether you rent or own your service location; a record of any violations and alleged violations of Service terms or policies; complaints or requests or legal demands for information made by third parties.

We record and store written, email, telephone or other communications with you, such as your inquiries or complaints or responses to customer satisfaction surveys or other inquiries we initiate.  

Virtually all of these kinds of information can be or become personally identifiable because the data are or can be linked to your name, address or other identifiers. In fact, because of the nature of the sorts of information referred to above and what we use it for, it ordinarily will be in personally identifiable form.  However, when we no longer need it in personally identifiable form, we can make it anonymous by delinking it from your name, address or other information that identifies you as a person. 

Data from Our Records and Third Parties. 

We may use the data we have about you to gather additional information from our records or third parties.  For example, when you order a Service, we may check our records to see if you were previously our customer, if so, whether there is an outstanding balance.  As another example, we may obtain information about your credit record from a credit reporting agency or other source in order to assess your creditworthiness. As discussed more below, we may also obtain data about you or your household, business or organization from marketing, consumer research and other companies that sell demographic or other information about individuals or businesses they independently collect. Because we use identifying information to gather these kinds of data, it may initially be personally identifiable unless and until we anonymize it by delinking it from such identifying information.

Data Collected Through Our Systems.

Our Services require us to connect our facilities with devices that you use to receive Service, such as television cable boxes, DVRs or modems for Internet or phone Service.  These connections and your use of them results in the automatic collection by our systems of certain kinds of information.  We may also be able to remotely access those devices in your service location to obtain information for network management, diagnostic, troubleshooting or other purposes. The kinds of information we may collect by these means differs depending on the nature of the Service and the technology used to provide it:

• Cable Television Service. If you subscribe to cable television Service, we may automatically collect viewing information when you interact with our systems, such as by changing your television channel, reviewing listings in an electronic program guide, interacting with your DVR or ordering on-demand programming. For example, the cable box or DVR may collect information like guide searches and the selection of a channel to view, program to record or video-on-demand movie or show to watch, in each case including additional data like the date, time and duration of each viewing selection. We sometimes call information of this kind “television viewing data.”

• Internet Access Service.  If you subscribe to our Internet access Service, our systems may automatically collect information about your Service usage, such as when you log onto or off of the Internet. They are also capable of recording data about your Web usage of the type that is captured by the third parties that own the browsers, search engines and other online resources that you use. We sometimes call these kinds of information “Internet navigation data.” We also collect information about resource consumption, such as the amount of “bandwidth” you consume in uploading, downloading and streaming content.  In addition, if you take advantage of our offer of email accounts, then we know your email addresses for those accounts and know or have the ability to learn about their use, including the other email addresses with which you communicate and email content.  It is our policy not to access email content unless required by law.

• Phone Service.  If you subscribe to our phone Service, our systems may automatically collect information about use of that Service, such as the numbers you call or that call you, the duration of calls and the Service features and functions you use and frequency of such use. We sometimes call information of these kinds “phone usage data.” 

• Security or Monitoring Service.  If you subscribe to our  Mediacom home or premises security or monitoring Service, we may collect information about your use of the Service, including alarm status, system activations and deactivations, alarm detail and history and status history of any monitored devices such as thermostat settings and internal temperatures.  If we provide you with video monitoring Services, we may view video feeds from your service address during installation, while troubleshooting, when performing maintenance and during emergencies (as determined by us in our reasonable discretion).

• Device Identifiers. In general, each cable box, modem or other device at your service location through which we provide a Service has a unique code or other identifier that we need to know in order to provide that Service.  Similarly, we assign a separate “Internet Protocol” or “IP” address to each computer, tablet or other personal device that is used to access the Internet through our Internet access Service, and this is different from the device identifier. We keep records that allow these identifiers to be traced to your account.

• Application Usage.  If a device you employ for one of our Services comes with or allows you to install user applications or “apps,” our systems may be able to determine the apps you use and collect usage information such as date, time and duration of use.

Ordinarily, television viewing, Internet navigation and other information we collect through service devices or connections is not personally identifiable because it is associated with an anonymous device identifier, IP address or similar code, and not with your name, address or other identifying information.  Although we have records that allow us to link the devices to your account, and so we have the practical ability to make such data personally identifiable, we will not do so unless it is for a purpose permitted by the Cable Privacy Law or the Telecommunications Privacy Law (as applicable), such as rendering a Service to you, responding to a subpoena or a purpose for which we have obtained your written or electronic consent. For example, if you buy a video-on-demand or pay-per-view event, we need to match your order through your cable box with your account for billing purposes; therefore, your viewing selection and related information like the date, time and location of viewing will be known to us and personally identified to your account. 

If certain usage information about Mediacom’s phone Service is combined with data that can be used to identify you, then it will be considered CPNI for purposes of the Telecommunications Privacy Law.  The same will be true for our Internet access service once its reclassification as a telecommunications service becomes effective. Please consult the caption “Use and Disclosure of CPNI” below.

The Purposes For Which Mediacom Uses Personally Identifiable Information That’s Not CPNI

General Uses

Subject to applicable law, the provisions of this Notice and your “opt-out” rights described below, we use personally identifiable information, that’s not CPNI, as necessary to render our Services to you; for related business activities such as account set-up, billing, collection, marketing and customer support; to detect and address unauthorized reception of cable programming; and for tax, legal, accounting and other purposes related to our business, including:

• Ensure you receive the Services for which you have subscribed and perform troubleshooting;
• Improve the quality and attractiveness to you of our Services and the ads you see when using some of them;
• Make sure you are being billed properly and pay for the Services you receive;
• Assess your creditworthiness;
• Send you pertinent announcements about the Mediacom Services you receive;
• Respond to your questions, issues, orders or requests;
• Provide our third-party vendors, agents, consultants and legal, accounting and other advisors with information reasonably necessary for them to perform their obligations, duties and functions;
• Obtain additional information about you or your household, business or organization from third parties;
• Send promotional material to you about other products and Services available from Mediacom or others and determine which such products or Services are most likely to be of interest to you;
• Obtain additional information, perform data analyses and work with third parties in order to enhance the value to you and consistency with your perceived or expressed interests and preferences of the programming, content, advertising and Services that are made available to you, including through delivery to you of customized content and targeted advertising and personalized offers for products and Services that may be of interest to you;
• Protect our rights and enforce our terms and policies regarding our Services; and
• Investigate and respond to complaints, inquiries or legal process from government, law enforcement, copyright owners or other third parties.

Uses with Your Consent

The Cable Privacy Law allows us to use personally identifiable information for other purposes with your consent.  In addition, our written or electronic terms of service for each relevant Service contain a provision constituting your consent to the collection, use and disclosure of information about you and your account as described in this Notice.   

Use in Connection with Creating De-Identified Data

 Access to aggregate and non-identified data about the users of our Services can be beneficial to us and our customers.  For example, information about the relative popularity of channels can help us make decisions about which television networks we should carry, enhance our ability to sell commercial time on those channels or enable us to generate additional revenues by providing that information on an anonymous basis to third parties for their own marketing and other purposes. This might benefit our customers by allowing us to tailor our channel lineup to better match subscriber preferences or to reduce the need for subscriber fee increases by growing non-subscriber revenues.

For these reasons, we may create anonymous pools of data about all or subsets of our subscribers derived from a variety of sources. We might also supplement the information that we already have about our customers with additional data available from independent parties that have accumulated it using their own sources and already identified it with specific individuals without our assistance or involvement.

To illustrate, we could obtain demographic information about you or your household, business or organization from third parties that independently gather and maintain it;  anonymize it by stripping away all personally identifying information; combine it with anonymous television viewing or Internet navigation data associated with your account; aggregate the resulting anonymous data with similar anonymized data obtained for other subscribers; and analyze the data in order to learn information about the interests, needs and preferences of various “audience segments” that are based on common characteristics like age, gender or income.  As an alternative to doing this directly or through contractors, we might assist third party advertisers, marketers or consumer data aggregators in compiling pooled, anonymous information through similar processes.

The Cable Privacy Law and the Telecommunications Law do not restrict our discretion in collecting, using and disclosing information that is not personally identifiable. Without limiting that discretion, we might collect, use and disclose the data for internal purposes, such as improving our Services and sales and providing targeted advertising or other communications or content, or we might give third parties access to the data for their own purposes, such as improving the placement of their ads or messages, enhancing the focus of their marketing efforts and increasing sales of their own products and services. For example, if the data indicates that Mediacom’s customers, as a whole, who are between the ages of 21 and 25, fall within a certain income range and live within a particular geographic area are more interested in video gaming than golf and watch the Military History channel more than the Golf channel, that information would allow video game sellers to concentrate their ad buys where they would have the most impact and ensure that our customers who like gaming see more relevant ads. 

Besides creating pools of aggregated anonymous data, we may sometimes use internally or provide to third parties de-identified data about particular customers’ Service usage and characteristics in non-aggregate form, subject to contractual commitments by the third parties designed to protect its anonymity.  For example, we might provide individual anonymous information to third parties to analyze for audience measurement and analysis, media research and program rating purposes. 

In some cases, it is possible that a third party to whom we make available anonymous data will be able to independently accumulate sufficient additional information to enable your identification from the totality of that data (so-called contextual identification). However, where we have a direct contractual relationship with recipients of anonymous data we provide, we generally seek a commitment that the recipient will not attempt to re-identify our customers. Such a commitment, if obtained, does not guarantee that contextual identification will not occur or that the third party will comply with its commitment.

Disclosure By Mediacom Of Personally Identifiable Information That’s Not CPNI

Under this caption, we state our policies regarding disclosures to third parties of personally identifiable information that’s not CPNI.  Disclosure of CPNI is covered below under the caption “Use and Disclosure of CPNI.”

We may disclose personally identifiable information about you with your prior written or electronic consent. Mediacom from time to time may also disclose, without such consent, personally identifiable information about you if necessary to render a cable or other Service to you, or conduct a related, legitimate business activity. The kinds of persons or entities to which we may make such disclosures include the following:

• Mediacom’s “affiliates,” which are individuals or entities that control, are controlled by or under common control with Mediacom;
• Accountants, lawyers, consultants and other professionals we or our affiliated companies use in our businesses;
• Credit reporting and collection agencies;
• Third parties that furnish us with services or otherwise assist us in connection with aspects of Mediacom’s business of providing our Services, including, for example, installation and repair, billing, call center, sales and marketing, market research, fulfillment, mailings, data storage, data scrubbing, data analytics and data processing;
• Sources of third-party data that is used to compile anonymized, aggregate data as described above; or
• Government agencies in connection with complaints that you make to them or for other government purposes.

In addition, Mediacom or its affiliates may disclose such information in connection with an actual or potential direct or indirect transfer of ownership of all or part of Mediacom’s business to the potential or actual purchaser, investor or other party and its respective attorneys, accountants and advisors. If we complete a transaction in which a third party gets ownership or control of the cable system that provides your Services, we will ordinarily transfer the personally identifiable information we have to that third party and its privacy policies, not ours, will apply to that information after the transfer.

The Cable Privacy Law also permits us to from time to time disclose lists of our subscribers to third parties for purposes other than those referred to above. Those lists may contain your name and address, so long as we have given you the opportunity to prohibit or limit such disclosure and we do not also directly or indirectly reveal, in personally identifiable form, the extent of any viewing or other use of our cable or other Service subject to the Cable Privacy Law. This permits us, among other things, to disclose your name and address to charities, advertisers, direct mail marketers and telemarketers for use in phone or mail solicitations, market research or other purposes. It also allows us to provide your name and address to third parties in the business of selling information about consumers from a variety of sources to charities, advertisers, marketers and others. 

You have the right to require us to not include your name and address on such a list by “opting out.” In order to opt-out, you may complete the “Opt-Out Form” included with this Notice or downloadable at www.mediacomcable.com/privacy or call 1-800-747-8021.  If you do opt out, your choice will become effective after we have been allowed reasonable processing time. Opting out impacts only disclosure to third parties of your personally identifiable information for their own marketing or business purposes unrelated to your Mediacom Services and not for any other purpose—for example, it would not prohibit disclosure to third parties of de-identified or aggregate information for their own purposes. It also would not prevent Mediacom from using your information to market our own and third-party products and services to you.

If you use Mediacom’s Internet access Service to send or receive an e-mail message or other electronic communication or use our phone Service to store voicemails, a Federal law, the Electronic Communications Privacy Act of 1986 (the “ECPA”), permits us to access the content of those communications. It also permits us to disclose such information to an addressee or intended recipient (or his or her agent); to a person involved in forwarding the information to its destination or when necessarily incident to providing service or protecting our rights or property; or to any one with the consent of the subscriber or an addressee or intended recipient (or his or her agent).

We reserve the right to notify or disclose information to law enforcement or a responsible government official if we believe in good faith there to be an emergency or other exigent circumstances that may make disclosure necessary to protect one or more persons from an imminent danger of death, injury or harm (including self-inflicted). 

Finally, disclosures to governmental entities as required by law or a subpoena or legal process are discussed below under the caption “Disclosure to Governmental Agencies or Otherwise Required by Law or Legal Process.”

Timing and Frequency of Disclosures

Information we disclose for purposes relating to billing and levels of Service usage is generally provided on a monthly basis. Disclosure for another purpose is provided as and when necessary or convenient in light of the nature of that purpose. 

Use And Disclosure Of CPNI

If you are a subscriber to a Mediacom telecommunications Service, then we may only use, disclose and permit access to your individually identifiable CPNI:

• In providing the Service from which the CPNI is derived or other Services necessary to, or used in, providing that Service;
• To initiate, render, bill and collect for phone Services;  
• To protect our rights or property;
• To protect users of our Services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such Services;
• As required by law; or
• With your approval.

We are required to disclose CPNI to any person you designate upon your affirmative written request; however, we will not provide you with records that we otherwise do not create, maintain and furnish in the ordinary course of business (for example, as part of a bill) or which are available only from our archives, without valid legal process such as a court order.  Also, if you are a Mediacom phone customer and a third party makes a request that we furnish information for purposes of publishing a directory, we are obligated by the Telecommunications Act to furnish your name, telephone number, address and your “primary advertising classification,” as well as any other information that we or an affiliated company has published or caused to be published in any directory format. However, we offer our phone customers the ability to designate their listings as non-published within print or electronic directories or directory assistance services. If you do not exercise that right, your name, address and telephone number may be printed in such directories and with such services.  Because of the complexity of this process and the involvement of other entities in the publication, errors may occur from time-to-time.

Your name and/or phone number may also be transmitted and displayed on a Caller ID device unless you have elected to block such information.  Please note that Caller ID blocking may not prevent the display of your name and/or phone number when you dial certain business numbers, 911, 900 numbers or toll free numbers. 

We may use CPNI generated in furnishing phone Services to you (which we sometimes call “phone CPNI”) to market to you, communications-related products or services that are within the same category of Service to which you already subscribe. For instance, we may use phone CPNI to market other telephone Service offerings to you.

 We also may use phone CPNI to market to you communications-related products or services that are outside of the category of Service to which you already subscribe. For instance, we may use phone CPNI to market Internet access Service to you. You have the right to restrict our use of your phone CPNI for such purposes. If you wish to do so, please notify us by completing the “CPNI Opt-Out Form” included with this Notice. If you do not notify us within 30 days of this notification that you wish to restrict our use of your phone CPNI for purposes of marketing unrelated services to you, we will assume that you approve of our use for this purpose.

Without your permission, we will not use your phone CPNI to offer products or services to you that the FCC classifies as non-communications related (including video services) or that are offered by other companies or by joint ventures in which we have an interest.

Please note that if you opt-out or otherwise deny or restrict our use of your phone CPNI, it will not affect our provision to you of any of our Services.  Any permission or denial of permission to use your phone CPNI remains valid until such time as your Mediacom phone service is discontinued or we receive your notice withdrawing permission.

As noted above, we may disclose your CPNI to the extent authorized or required by law.  Disclosures to governmental entities as required by law or a subpoena or other legal process are discussed below under the caption “Disclosure to Governmental Agencies or Otherwise Required by Law or Legal Process.”

We are also allowed by the Telecommunications Law to use CPNI with your approval.  Subject to any provisions of applicable law that cannot be varied, if you use any of our telecommunications Services, then continued use after this Notice is made available to you constitutes your consent to the collection, use and disclosure of information about you and your account as described in this Notice.

Disclosure To Governmental Agencies Or Otherwise Required By Law Or Legal Process

Mediacom will disclose personally identifiable information about you and your use of Services when and in the manner required by law or legal request such as a warrant, subpoena or order issued by a court or an administrative subpoena or national security letter.

In the case of information subject to the Cable Privacy Law, our legal obligations will differ depending on whether the person or entity seeking the information is a governmental authority or not. If a person or entity that is not a governmental agency seeks personally identifiable information, then the Cable Privacy Law permits us to disclose certain information only if there is a court order authorizing or requiring such disclosure and only if we notify you of the order.

If a governmental agency seeks personally identifiable information about you, then the rules are different depending on (1) the nature of the information and (2) the specific Federal laws that apply to the disclosure. If a government agency only wants to know “subscriber record information,” then it can require us to furnish it by serving us with an “administrative subpoena” that it issues itself, without the need for approval or other action by a court.  Subscriber record information is limited to:

• Subscriber name and address;
• Records of local and long distance phone connection and Internet session times and duration;
• Length of Service (including start date) and types of Service utilized;
• Phone number, instrument number or other subscriber number or identity, including any temporarily assigned network address; and
• The means and source of payment by the subscriber (including any credit card or bank number).

If the governmental agency wants additional information beyond subscriber record information, then it generally needs a warrant or other court order.  For example, under the Cable Privacy Law, a governmental agency can obtain information about your selection of video programming only by court order.  It can obtain such an order only if the government demonstrates to the court by clear and convincing evidence that you are reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case against you. As an absolute precondition to such disclosure, you must be given the opportunity to contest in court any claims made in support of the court order sought by the governmental agency.  If the additional information sought by the governmental agency is not records revealing video programming choices, then it must obtain a court order, but it does not have to meet the two special requirements applicable to video viewing records.

The Electronic Communications Privacy Act (ECPA) allows the government to require us to disclose the content of your e-mails and other electronic communications to the extent stored on our network.  For communications we have stored for 180 days or less, the government must obtain a criminal warrant from a court. For communications stored for more than 180 days, we have to disclose them (i) without prior notice to you if the government obtains a criminal warrant or (ii) with prior notice to you if the government obtains a warrant, subpoena or order from a court, obtains a grand jury or trial subpoena or issues an administrative subpoena. If the government wants us to disclose your subscriber record information but not the content of your communications, then it may require us to do so, without prior notice to you or your consent, by obtaining a criminal warrant or a subpoena or order from a court or by issuing an administrative subpoena.

Other Federal law authorizes the government to obtain, without notice to you or your consent, a court order requiring us to capture, record and disclose to the government the phone numbers, e-mail addresses and similar identifiers that you call or send communications to or that call you or send you communications using any Mediacom phone or Internet access Service. A federal or state governmental agency may obtain the order upon the certification by the appropriate government lawyer or officer that the information likely to be obtained is relevant to an ongoing criminal investigation.

In addition to the above, if you subscribe to our Internet access or phone Service, the ECPA permits us to disclose the contents of your e-mail or other communications to a law enforcement agency if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of the information without delay. We may do so without prior notice to you, without your consent and without being required to do so by a warrant, subpoena, court order or law. Examples of situations in which we might make such disclosures are where we reasonably believe that there is an immediate risk of suicide or terrorist activity.

We are required by law to notify the National Center for Missing and Exploited Children of information concerning child pornography of which we become aware through the provision of our Services and disclose identifying data.

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 provides that state welfare agencies may obtain from our subscriber lists the addresses of individuals who owe or are owed child support and the names and addresses of their employers. The law says that this information can be obtained through an administrative subpoena issued by a state’s welfare agency, without a court order, and does not require that a customer be given notice of and the opportunity to contest the disclosure.

Sometimes, a copyright owner believes that his or her copyright has been infringed by an Internet user. The owner may know some information, such as the user’s e-mail or IP address, but may not know the user’s personal identity. The Digital Millennium Copyright Act provides for a copyright owner, under certain circumstances, to obtain a subpoena seeking disclosure from an online service provider of the identity of a user who is believed to have infringed the copyright. If we receive a valid subpoena, we are required to expeditiously identify the alleged infringer.

How Does Mediacom Protect Personally Identifiable Information And CPNI?

We follow industry-standard practices designed to protect against unauthorized access to personally identifiable information or CPNI. However, we cannot guarantee that these practices will prevent every unauthorized attempt to access, use or disclose such information.

Time Period During Which We Retain Personally Identifiable Information

We keep personally identifiable information about you related to a Service in our regular business records while you are a subscriber. We also keep it for a period of time after you are no longer a subscriber if necessary for the purposes for which it was collected,  to satisfy legal requirements, or to exercise legal rights. These purposes typically include business, legal or tax purposes. If these purposes no longer apply, we will destroy or de-identify the information according to our internal policies and procedures.

Access To Our Records About You

Under the Cable Privacy Law, cable customers have the right to inspect our records that contain personally identifiable information about them and to have a reasonable opportunity to correct any errors in such information. If you wish to exercise this right, please notify us at the local Mediacom office specified on your bill and we will contact you to arrange a mutually convenient time during our regular business hours.

If you make an affirmative, written request for a copy of your CPNI, we will disclose the relevant information that we have collected to you, or to any person properly designated by you, if we reasonably believe the request is valid. Subscribers to our phone Service should be aware that we cannot correct any errors in customer names, addresses or phone numbers appearing in, or omitted from, our or our vendors’ directory lists until the next scheduled publication of those directory lists. Further, we may have no control over information appearing in the directory lists or directory assistance services of directory publishers or directory assistance providers which are not owned by us or our subsidiaries.

Remedies If Your Rights Are Violated

If Mediacom violates the Cable Privacy Law, the Telecommunications Privacy Law or other applicable privacy law, you may have remedies that include seeking actual, liquidated and/or punitive damages, attorneys’ fees and costs in a lawsuit.  Mediacom’s subscriber, customer or other service agreement applicable to your Services may provide that, to the extent permitted by law, (i) any claims that you have will be decided in arbitration and attorneys’ fees and punitive damages will not be available and (ii) such claims must be brought on an individual basis so that a “class action” on behalf of all of our customers who may have similar claims are not allowed. 

Use And Disclosure Of Information That Is Not Personally Identifiable Information Or CPNI.

As noted above, we obtain by a variety of methods and from a variety of sources information that pertains to you or your use of our Services but that is not personally identifiable information or CPNI because it is not associated with your name or other identifying information or any such association has been removed.  Mediacom believes that neither the Cable Privacy Law nor the Telecommunications Law imposes any restriction upon our collection, use or disclosure of such anonymous, de-identified or aggregate information and so its collection, use and disclosure is entirely within our discretion.  Any statement or disclosure we make in this Notice regarding how we collect, use or disclose such information is a voluntary disclosure that does not limit our discretion, create any commitment or liability with respect to such collection, use or disclosure or prevent us from changing the policies or practices disclosed without notice or consent.

Updates To This Notice

We may change this Notice periodically as we deem appropriate.  We will notify you of any material changes affecting personally identifiable information or CPNI by posting the revised notice on our website or by written or electronic correspondence. Your use of any of the Service(s) following the notification shall constitute your acceptance of and consent to the revised Privacy Notice.

Contact Your Local Mediacom Office If You Have Questions

If you have any questions about our policies described in this Notice, please contact your local Mediacom office at the address and telephone number listed on your bill (or, if you have not yet been billed, on the service order you signed to subscribe to the service).

Your California Privacy Rights

California Civil Code §1798.83 permits residents who have provided personal information to us to request information about our disclosure of personal information to third parties for their own direct marketing purposes. To make such a request or to opt-out of such disclosures in the future, please contact us at:

Mediacom Communications Corporation 
PO Box 1360
Marshalltown, IA 50158
Telephone: 1-800-747-8021

As a California consumer, you have the right, under the CCPA, to request that Mediacom disclose certain information to you about our collection and use of your personal information over the past 12 months. You also have the right to request that Mediacom delete any of your personal information that we collected from you and retained, subject to certain exceptions. In order to exercise your access and deletion rights, please submit a verified consumer request to us by either: (1) calling us at 833-998-2824; or (2) visiting https://support.mediacomcable.com/ccpa. In addition, please visit https://mediacomcable.com/legal/ccpa-privacy-notice/ to read our full Privacy Notice for California Consumers.

 CUSTOMER COMPLAINT PROCEDURES

Mediacom maintains offices and trained maintenance staff to be promptly available to customers upon request. Our toll-free customer service number is 1-855-MEDIACOM. Technical personnel will be dispatched as warranted. Mediacom strives to resolve any complaints concerning its Services as expeditiously as possible. Should a customer have an unresolved complaint regarding quality of Service, equipment malfunctions, or similar matters, the customer may write a brief explanation of the complaint and actions taken, and bring them to the attention of the corporate office by mailing to Mediacom, Attention: Legal Department, One Mediacom Way, Mediacom Park, NY 10918. If you are a customer in Michigan and have attempted to resolve any dispute through the processes above, you may file a complaint with the Michigan Public Service Commission. The Commission’s toll-free customer service number is 1-800-292-9555 and the website address is www.michigan.gov/mpsc. In addition, your local franchise authority contact information is listed on your monthly statement.

Mediacom Communications Corporation Privacy Notice for California Consumers

This Privacy Notice for California Consumers applies solely to consumers who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined.

If you are a California consumer, but not a Mediacom customer, and you visit one of Mediacom’s Websites, Mediacom’s Website Privacy Policy, which can be found at https://mediacomcable.com/legal/website-privacy-policy, applies to you. The Website Privacy Policy explains the kinds of personal information, if any, that Mediacom collects when you visit the Mediacom Websites, how Mediacom collects and uses it and when we may disclose it to third parties.

If you are a California consumer and a Mediacom customer, in addition to the Mediacom Website Privacy Policy, which would apply to you if you visited one of our websites, Mediacom’s Subscriber Privacy Notice, which can be found at https://mediacomcable.com/legal/privacy-notice also applies. This notice describes Mediacom’s polices regarding the collection, retention, use and disclosure of information obtained about you and your use of your Mediacom Services.

This Privacy Notice for California Consumers is intended to supplement both the Mediacom Website Privacy Policy and the Mediacom Subscriber Privacy Notice for California consumers only. In the event of a conflict between the terms of this Privacy Notice for California Consumers and the Website Privacy Policy or the Subscriber Privacy Notice, this Privacy Notice for California Consumers controls.

What Personal Information Do We Collect?

In general, Mediacom collects information about its customers and users of its websites. In some cases, it may collect information about non-customers. For example, if Mediacom conducts a sweepstakes or contest, the eligibility to enter those may extend to non-customers; or, if Mediacom wants to send offers for its Services to non-customers in the areas that it provides Service, Mediacom may obtain a list of addresses in the area and send the offer to the homes that are not in its system as subscribing to Mediacom Services.

Mediacom, either directly or through its service providers, collects certain kinds of “personal information” which is information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device.

Under the CCPA, personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA, such as:
  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

Mediacom has collected the following categories of personal information from California consumers within the last twelve (12) months:

 

CATEGORY OF PERSONAL INFORMATION		EXAMPLES OF SPECIFIC PIECES OF PERSONAL INFORMATION (NOT ALL PIECES MAY ACTUALLY BE COLLECTED)	COLLECTED FROM CONSUMERS
			Customers	Non-Customers
A:	Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, social media names or handles, or other similar identifiers.	YES	YES
B:	Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	YES	YES
C:	Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	YES	NO
D:	Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES	NO
E:	Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO	NO
F:	Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement, including reviews or message posted on social media.	YES	YES
G:	Geolocation data.	Physical location or movements.	NO	NO
H:	Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	YES	YES
I:	Professional or employment-related information.	Current or past job history or performance evaluations.	YES*	YES*
J:	Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	YES*	YES*
K:	Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	YES	NO

Mediacom obtains the categories of personal information listed above from the following sources:

• Directly from you. Mediacom, or its service providers on Mediacom’s behalf, collects certain personal information from you through direct interactions with you, such as:
  • From forms you complete, whether in paper or electronic format, including when you create an online account with Mediacom.
  • From telephone conversations, in-person conversations, emails, online chats or SMS-text with you.
  • From your use of the products and Services that you purchase from Mediacom (please read our Subscriber Privacy Notice for more details).
  • From optional services Mediacom provides to you for use, such as Mediacom’s mobile app.
• Indirectly from you. Mediacom, or its service providers on Mediacom’s behalf, collects personal information from you automatically in certain circumstances, including:
  • Information collected when you interact with the Mediacom Websites, such as your IP address, your device ID, how long you spend on our Websites, which products you view on our Websites, what you search for on our Websites and other analytics data. (please read our Website Privacy Policy for more details).
  • Information generated when you interact with our Services, such as Cable Service viewing information, data usage and internet navigation data, and call detail records (CDRs).  
  • Geolocation data collected when you use Mediacom’s mobile app (if your device settings permit this) (please review our Mobile App Privacy Policy).
• Automatically Generated. Certain information is automatically generated when you connect devices to the Mediacom network so that we may provide our Services, maintain our systems and network and for network security, such as:
  • An IP Address.
  • Customer device data, which is device performance metrics generated from the customer’s use of devices on the Mediacom network. This information describes how a device is operating on our network so that Mediacom can prevent, identify and solve network or device issues.
  • Network data, which is technical data about our network that is produced because a device is interacting with Mediacom’s network used for network analytics and network security purposes.

Although both the c ustomer device data and the network data are technical in nature and describe how Mediacom's network is operating, this information is considered personal information under the CCPA because it can be associated with or is capable of being linked back to a California consumer. 

How Do We Use Personal Information?

Generally, Mediacom uses, discloses or may sell the personal information it collects to fulfill or meet the reasons for which you provided the information. For example, if you share your name and contact information to request a service offer or ask a question about our products or services, we will use that personal information to respond to your inquiry; or, if you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery of the products or services. In some cases, Mediacom may use the personal information it collects for internal business purposes (for example, to produce reports or maintain our services) or disclose the personal information to our service providers so that they can perform services on Mediacom’s behalf.

Mediacom uses, discloses or may sell personal information it collects for one or more of the following business purposes:

• To audit the interaction with the consumer and concurrent transactions, including counting ad impressions and verifying quality of ad impressions.
• To detect or prevent security incidents or other illegal activity and prosecute the responsible parties.
• Debugging.
• Short-term, transient use where the personal information is not disclosed to a third party or used to build a profile or otherwise alter an individual consumer’s experience outside the current interaction.
•  To perform services or allow our service providers to perform services, such as:
• customer service
• order fulfillment
•  payment processing
•  financing
•  advertising and marketing
•  analytic services

• To create internal business and marketing reports to analyze effectiveness of marketing campaigns and to improve our product and service offerings.

• To undertake internal research for technological development and demonstration, including to improve our website, products and services.

• To verify or maintain quality or safety or improve or upgrade service or device owned, manufactured, or controlled by or for Mediacom.

• To provide, support, personalize, and develop the Mediacom Websites, products, and services.
• To create, maintain, customize, and secure your account with us.
• To personalize your experience on the Mediacom Websites and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through the Mediacom Websites, third-party sites, and via email or text message (with your consent, where required by law).
• To help maintain the safety, security, and integrity of the Mediacom Websites, products and services, databases and other technology assets, and business.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• For any other purpose permitted by the CCPA, including to exercise or defend legal claims.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Mediacom’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Mediacom about our Subscribers or the Mediacom Website users is among the assets transferred.
• For any other purpose with your consent.

Mediacom will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

If you are a Mediacom customer, please read our Subscriber Privacy Notice regarding the information Mediacom collects when you use your Services and how we use it.

How Do We Share Personal Information?

Mediacom may disclose your personal information to service providers so that they may perform a service on our behalf.  When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We may also sell your personal information in certain circumstances, subject to your right to opt-out of those sales (see Personal Information Sales Opt-Out and Opt-In Rights below). Under the CCPA, the “sale” of information means any communication or transfer of a consumer’s personal information to a third party for monetary or “other valuable consideration”. Other valuable consideration means any type of benefit and is not limited to a cash transaction. While Mediacom is not in the business of selling information, some of its relationships with its vendors may be characterized as a “sale” under the CCPA.

Disclosure of Personal Information to Service Providers

In the preceding twelve (12) months, Mediacom has disclosed the following categories of personal information for a business purpose:

 

We disclose your personal information for a business purpose to the following categories of service providers:

• Billing and collection providers, such as payment processors and organizations that assist us in assessing your credit and payment status.
• Marketing and advertising service providers.
• Technical service providers who help provide and deliver our cable, internet and phone Services.
• SaaS (software-as-a-service) service providers who help facilitate our business operations.
• HRIS (human resource information system) providers.
• Auditing, accounting, legal, and other professional services firms.
• Professional services consultants, such as firms that perform analytics, assist with improving our programming, provide legal services, or supply project-based resources and assistance.
• Analytics service providers, including entities that analyze traffic to and on our Websites, and assist with identifying and communicating with potential customers.
• Security vendors, such as entities that assist with security incident verification and response, service notification, and fraud prevention.
• IT vendors, such as entities that assist with website design, hosting, and maintenance, data and software storage, program development and network operations.

Sales of Personal Information

In the preceding twelve (12) months, Mediacom has sold the following categories of personal information:

We sell your personal information to the following categories of third parties:

• Advertising partners and website analytics providers.
• Data aggregators

What are Your Rights and Choices under the CCPA?

The CCPA provides California consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. ‌

Access to Specific Information and Data Portability Rights

You have the right to request that Mediacom disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights below), we will disclose to you: 

• The categories of personal information we have collected about you.
• The categories of sources for the personal information we have collected about you.
• Our business or commercial purpose for collecting or selling your personal information.
• The categories of third parties with whom we share your personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold your personal information or disclosed it to a service provider for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
• disclosures to service providers for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that Mediacom delete any of your personal information that we collected directly from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights below), we will delete (and, to the extent necessary, direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion is likely to render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Calling us at 833-998-1824
• Visiting https://support.mediacomcable.com/ccpa

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • In verifying your identity, if you are a Mediacom customer, Mediacom will match the identifying information provided by you to the personal information Mediacom maintains on your account. If you are not a Mediacom customer, Mediacom will use a third-party identity verification service which will ask you a series of questions to determine your identity. Mediacom requires that at least three (3) of the five (5) questions are answered correctly to meet a reasonably high degree of certainty that you are the consumer whose personal information may be accessed or deleted.
• Indicate your request so that Mediacom can properly understand, evaluate, and respond to it.

We cannot respond to your request if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. If you are making a request on behalf of a California consumer, you must provide a Power of Attorney or another similar notarized document showing that the consumer has given you authority to act on his or her behalf. You must also be registered with the California Secretary of State.

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights below.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.

We will deliver our written response to your Mediacom “MY ACCOUNT” if you have one or by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales Opt-Out and Opt-In Rights

If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (“opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (“opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following: https://support.mediacomcable.com/ccpa-optout.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by visiting https://support.mediacomcable.com/ccpa-optout.

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights, meaning that due to your exercise of those rights we will not, except in situations permitted by the CCPA:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can resultin different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write us at: PO Box 1360 Marshalltown, IA 50158.

What Happens if We Make Changes to This Privacy Notice?

Mediacom reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on our website and update the notice’s effective date. Your continued use of our website and our Services following the posting of changes constitutes your acceptance of such changes.

Who Can I Contact If I Have Questions or Comments Information

If you have any questions or comments about this notice, the ways in which Mediacom collects and uses your information described above, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 833-998-1284

Mediacom Communications Corporation

Attn: Legal Department

1 Mediacom Way, Mediacom Park NY 10918