Last edited on Jan 1, 2025

Digital Home Services Agreement

Mediacom Home Automation, LLC (“we,” “us,” “our,’ or “Mediacom”) will provide you (“you,” “your,” or the “Customer”) with a certain system, including equipment and related accessories (collectively, the “System”) and any home control and/or alarm monitoring service (the “Service” or “Services”) ordered by you for your personal use at the residential premises identified below (the “Premises”) in accordance with the terms of this Digital Home Services Agreement (“Service Agreement” or “Services Agreement”), any addendum thereto, and the Mediacom Residential Customer and User Agreement. Capitalized terms not otherwise defined herein have the meanings given to them in the Mediacom Residential Customer and User Agreement.

You acknowledge that the monthly rate, contract term and service description were disclosed to and agreed by you.

1. Acceptance of this Service Agreement; Term

1.1 This Services Agreement shall be binding upon the earlier of: (a) your signature on a Work Order; (b) your acknowledgement or acceptance of this Customer. Agreement electronically, (b) the date of any installation of System at your Premises or (c) your use of the Services.

1.2 Month-to-Month Service Term.

This Services Agreement shall continue on a month-to-month basis unless (a) you entered into a new contract with a minimum term requirement, or (b) this Services Agreement is terminated in accordance with Section 7.

2. Services; Access to Services

2.1 Home Automation: Self-monitored cameras and home automation Services.

Home Automation offers self-monitored cameras and/or home automation Services. YOU ACKNOWLEDGE AND UNDERSTAND THAT HOME AUTOMATION SERVICES ARE NOT Intended for security. accordingly, MEDIACOM will NOT systematically MONITOR any SIGNALS generated by HOME AUTOMATION EQUIPMENt AND WILL NOT DISPATCH EMERGENCY AUTHORITIES OR PROVIDE EMERGENCY NOTIFICATION OR OTHER VERIFICATION SERVICES COMMONLY PROVIDED WITH SECURITY ALARM SYSTEMS.

2.2 Home Security: Professionally monitored alarm Service.

Home Security is a professionally monitored alarm service. IF YOU ARE A HOME SECURITY SERVICE CUSTOMER, Mediacom or its SUPPLIERS will monitor signals from your alarm system and, IF IT HAS REASON TO BELIEVE AN EMERGENCY CONDITION EXISTS, will USE REASONABLE EFFORTS TO REQUEST A dispatch OF emergency authorities or provide EMERGENCY notification or other verification services. If you have subscribed to Home Security Service, Mediacom’s Alarm Monitoring Service Addendum (the “Addendum”), attached hereto in Schedule 1, also applies to the Service and is adopted and incorporated into this Service Agreement.

2.3 Mediacom Suppliers.

You agree and acknowledge that Mediacom may use one or more agents, representatives, service providers, subcontractors, suppliers, vendors or licensors and/or cellular or broadband service providers (collectively, “Suppliers”) to provide installation, repair, monitoring, communications or other services. To the extent permitted by law, the limitations set forth in this Agreement, including, but not limited to, the Limitation of Liability, Limitation on Lawsuits, Waiver of Subrogation, Indemnification from Third-Party Actions, Jury Waiver and other contractual limitations contained herein shall apply to the work, products or services that our Suppliers provide, and shall apply to them and protect such Suppliers in the same manner as it applies to and protects us.

You expressly understand and agree that you have no contractual relationship whatsoever with the suppliers, and that you are not a third-party beneficiary of any agreement between those Suppliers and MEDIACOM. In addition, you acknowledge and agree that the Suppliers and Their affiliates and contractors shall have no legal, equitable, or other liability of any kind to you and you hereby waive any and all claims or demands therefor.

2.4 Mediacom High-Speed Internet Service Required.

To be eligible for the Services, you are required to subscribe to and maintain Mediacom high-speed internet service (“HSD”), at an additional monthly cost, during the Term.

2.5 System Communication.

You understand that: (a) the System communicates over one or more transmission methods , as determined by Mediacom or its Suppliers in its sole discretion; (b) transmission methods are maintained and serviced solely by the applicable provider, which may include an affiliate OR Supplier of Mediacom; (c) such transmissions may be affected by faulty or failed equipment, weather conditions, power outages, upgrade or maintenance work, or other interruptions in service; and (d) any such conditions or changes made to these transmissions may disrupt communications to or from the System. In some cases, Mediacom may be aware of ongoing issues and may contact you regarding the issue so that it may attempt to resolve the issue; in other cases, Mediacom may not be aware of these sort of transmission issues. In such a case, you understand that it is your responsibility to notify Mediacom. YOU AGREE TO COOPERATE WITH MEDIACOM TO RESOLVE ANY ISSUES WITH YOUR SYSTEM AND THAT If you do not contact Mediacom or respond to attempts by Mediacom to address the issue, your System may not operate as intended, SIGNALS FROM THE SYSTEM MAY NOT BE TRANSMITTED, RECEIVED AND/OR MONITORED, EMERGENCY AUTHORITIES MAY NOT BE DISPATCHED, AND NOTIFICATION AND OTHER VERIFICATION SERVICES MAY NOT BE PROVIDED.

2.6 Licenses, permits and compliance with law.

You shall comply with all applicable federal, state and local laws, statutes, regulations and ordinances required for installation, use or monitoring of the Service. If the law in your area requires that you hold a license or permit for the installation, use or monitoring of the System, you agree to maintain such a license or permit and provide Mediacom with the applicable license or permit number if Mediacom so requests it. In some areas, Mediacom may be able to obtain a required license or permit on your behalf. You will be responsible for the cost of any license or permit required to install and/or operate the Service.

2.7 Remote and Wireless Access.

The Services may include certain remote viewing, access and control features and functionality, including through the use of a Supplier provided mobile applications or website. The ability of those features and functionality to work with the System and Services will be dependent upon various factors, some of which may be outside the control of Mediacom, including, but not limited to, faulty equipment or software, faulty transmission systems, limitations inherent in wireless services, power outages, and other factors. Mediacom is not liable if Supplier applications and related features and functionalities fail to work. Access to the Services via wireless device is dependent upon the capabilities of your wireless device and network. Mediacom shall not be liable for issues arising from your access to the Services via a wireless device. Your access to the Service from your wireless device is subject to your agreement with your wireless carrier. You are responsible for reviewing and responding to any signals transmitted by the System which are sent to your wireless or other devices, including, but not limited to, contacting emergency authorities directly if you believe that an emergency condition exists at the Premises.

You may be required to create an account through a Supplier app or website which will require you to provide certain information, including personal information, to the Supplier (such as name, address, email address) and agree to the Supplier’s terms and privacy policy.

2.8 Passcodes.

Customer must create a passcode for the Service. Customer will be asked for the passcode when making changes or inquiries with regard to Customer’s account, and in connection with alarm events. If Customer shares its passcode with others, they will have the ability to make changes to Customer’s account, including address updates, changes to emergency contact information and THE ABILITY TO CHANGE THE PASS CODE, WITHOUT CUSTOMER’S KNOWLEDGE. Accordingly, Customer should not share its passcode with others.

2.9 Cameras/Video.

At Customer’s request, Mediacom may install and connect at least one video camera at the Premises. Customer acknowledges and agrees that: (a) any such video camera is being installed at Customer’s specific request and is for the safety and security of the residents, invitees, and other persons at the Premises, and for no other purpose; (b) any such video camera will only be installed in public areas within the Premises, and will not be installed or utilized in any area where persons have a reasonable expectation of privacy, such as bedrooms, bathrooms, etc.; and (c) Customer will provide adequate illumination under all operational conditions for the proper operation of each such camera and will provide the 120 AC power supply where required.

Some cameras connected to the system may be configured to provide remote viewing and storage of video data via the Internet. Customer acknowledges that broadband and cellular networks are subject to interruptions in service which may cause the video services to fail to operate as intended.

Customer further acknowledges and agrees that video content may be received and stored on computer servers maintained by Mediacom’s and/or its affiliates. Customer consents and agrees that Mediacom and/or its affiliates may store video content from the Premises for such time as is needed at Mediacom’s sole and exclusive discretion. While Mediacom agrees to keep said video content confidential, Customer expressly agrees that Mediacom may disclose such video content to third parties without further notice to Customer: (a) in connection with any law enforcement investigation or proceeding; (b) in a legal proceeding to which Mediacom or its affiliates is a party; and/or (c) pursuant to a court order or subpoena.

Customer is solely responsible for the video content and the consequences of posting or publishing videos. Customer agrees that it will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless Customer is the owner of such rights or has permission from the rightful owner to post the material and to grant Mediacom requisite license rights. Customer further agrees that it will not purposefully allow video content which is indecent, offensive, or pornographic, that is defamatory or constitutes an invasion of privacy, that otherwise violates any legal duty under criminal or civil law, or that otherwise violates any applicable local, national, and/or international laws and regulations, to be transmitted over Mediacom‘s broadband network via the video camera(s) installed with the security system. Mediacom reserves the right to remove any video content, without notice to Customer, if notified that such content infringes on another's intellectual property rights.

3. Equipment

3.1 Equipment included with Service.

Each of the Services come with equipment necessary to use the Service (the “Equipment”). Except for the Smart Gateway (which is required for Home Automation and is owned by and must be returned by you to Mediacom), the Equipment belongs to you; you do not need to return it to Mediacom at the end of the Term or, if you terminate this Service Agreement before the end of the Term. Mediacom may change the Equipment included in the Services at any time, in its discretion, and may require the installation or removal of Equipment.

3.2 Additional Equipment.

You may choose to purchase an additional equipment package to use with your Service (“Additional Equipment”). Equipment packages may require that you subscribe to a certain Service in order to purchase. As with Equipment, any Additional Equipment also belongs to you.

3.3 Use of Equipment.

You agree to use the Equipment and Additional Equipment (together, the “Equipment”) in accordance with this Service Agreement and with the Services provided to you. The Equipment is intended only for your personal use in the Premises. YOU UNDERSTAND AND ACKNOWLEDGE THAT IF YOU ATTEMPT TO INSTALL OR USE THE EQUIPMENT OR SERVICES AT A LOCATION OTHER THAN THE PREMISES, THE SERVICES MAY FAIL TO FUNCTION OR MAY FUNCTION IMPROPERLY.

You understand that some Equipment may need to be replaced, AT YOUR COST, so that the System and Services CONTINUE TO operate as intended. you acknowledge that if you do not respond to Mediacom’s RECOMMENDATIONS AND/OR attempts to replace YOUR Equipment, your System may not operate as intended, SIGNALS FROM THE SYSTEM MAY NOT BE TRANSMITTED, RECEIVED AND/OR MONITORED, EMERGENCY AUTHORITIES MAY NOT BE DISPATCHED, AND NOTIFICATION AND OTHER VERIFICATION SERVICES MAY NOT BE PROVIDED.

3.4 Firmware and Software.

The Equipment, including any firmware or software embedded in, or “downloaded” from time to time to the Equipment or used to provide the Services, are protected by trademark, copyright, patent and/or intellectual property laws and international treaty provisions. You are granted a revocable license to use such firmware and software in object code form (without making any modification thereto) strictly in accordance with this Service Agreement. You agree not to take any action nor allow anyone else to take any action to remove any copyright notices, attributions, trademarks, service marks, trade names, logos and the like from any Equipment.

3.5 Battery-powered Devices; Customer’s Testing Obligation.

Some of the Equipment, such as motion detectors, smoke detectors, thermostats, door and window contact transmitters, and other detection sensors may be battery-powered and not connected to the electrical system of the Premises. Such detection sensors require batteries to operate. THESE BATTERY POWERED DEVICES WILL NOT OPERATE IF THE BATTERIES ARE LOW OR DEAD. You are responsible for maintaining and replacing the batteries in these battery-powered devices and you should regularly inspect and test all Equipment weekly to ensure that the System is operating properly and in accordance with your preferences. MEDIACOM STRONGLY RECOMMENDS THAT YOU READ THE OWNER'S MANUAL FOR ALL EQUIPMENT AND LEARN ABOUT ITS FUNCTIONALITY. THE OWNER'S MANUAL CONTAINS VERY IMPORTANT INFORMATION SUCH AS OPERATING INSTRUCTIONS AND EQUIPMENT TESTING AND MAINTENANCE INFORMATION. YOU SHOULD ALSO READ ALL INSTRUCTIONS, WARNINGS AND OTHER INFORMATION ON THE EQUIPMENT ITSELF.

3.6 Touchscreen device.

A touchscreen device is required for Home Security service. The touchscreen allows you to, among other things, operate and control the System. The touchscreen device will permit you to access and use certain features and applications which will be made available to you subject to a revocable license either by Mediacom, its Suppliers or another third party. You agree to comply with all applicable license terms and conditions associated with the touchscreen device and any such applications, and any use of the touchscreen device and any such applications shall constitute your acceptance and agreement to such license terms. Mediacom may remotely activate or disable any feature or application on the touchscreen device with or without notice to you. You agree to pay all charges assessed with respect to the downloading, license or use of any feature or application with the touchscreen device.

The touchscreen device contains software that consists of interactive applications that perform a variety of communications over the Internet as part of their normal operation. Some of these communications features are automatic and are enabled by default. By installing and/or using the touchscreen device, you consent to such communications features. Once you use the touchscreen device, user information including your User ID may be transmitted with communications to Mediacom’s or its Supplier’s servers. This information is used to access your account and to provide the Services.

3.7 Customer Equipment.

“Customer Equipment” means any software, hardware, household appliance, HVAC unit, electrical or communications wiring, mobile device, Equipment purchased/owned by you, or other services that you elect to use in connection with the Services. You agree to allow us and our Suppliers the right to attach to and or integrate with the Customer Equipment, send software and/or “downloads” to the Customer Equipment and install, configure, maintain, inspect and upgrade the Customer Equipment and Equipment. You warrant that you are either the owner of the Customer Equipment or that you have the authority to grant us the rights to the Customer Equipment set forth in this Section. If you are not the owner of the Customer Equipment, you are responsible for obtaining any necessary approval from the owner to grant us and our Suppliers the right to access the Customer Equipment. In addition, you agree to supply us or our Suppliers, if we ask, the owner’s name, address and phone number and/or evidence that the owner has authorized you to grant such access.

4. Installation

4.1 Mediacom agrees to install the Equipment comprising the System at the Premises in a workmanlike manner and in accordance with your preferences (“Installation”), and you agree to pay all applicable Installation and activation charges. You also agree to make the Premises available without interruption during Mediacom’s normal working hours to permit completion of the Installation. You understand that the Installation may require drilling into various parts of the Premises or other interior or exterior work that may require access to non-visible areas. You agree to provide Mediacom with such access and also with access to 110 AC electrical outlets for Mediacom’s Multimedia Hub. You must notify Mediacom, in writing, of any problems with the Installation within thirty (30) days after the completion of Installation or you will be deemed to have accepted it.

4.2 You understand and acknowledge that it is your responsibility to ensure that the Installation will not invalidate any existing home or product warranty of any kind and that Mediacom shall not be liable for the loss of any warranty coverage, for any reason.

5. Charges and Billing

5.1 Charges, Fees, and Taxes You Must Pay.

You agree to pay all charges associated with the Services, including, but not limited to, Installation, activation and Service charges, Equipment and Additional Equipment charges, false alarm charges, measured charges, third party charges, applicable federal, state, and local taxes (however designated), permitting and regulatory fees, and any other fees or assessments of any municipal, state and federal government imposed on Mediacom or the Services. You will be responsible for paying any government-imposed fees and taxes that become applicable retroactively. We will provide you with notice and an effective date of any change in our prices or fees applicable to your Services, unless the change in price is related to a change in governmental or quasi-governmental taxes, fees, or assessments, in which case we may elect not to provide notice except where required by applicable law. Not all fees apply to all Services.

5.2 How you will be billed.

You will be billed monthly, in advance, for recurring service charges, equipment charges (if any), and taxes and fees. YOU MUST PAY, ON OR BEFORE THE DATE OF INITIAL INSTALLATION OR SERVICE ACTIVATION, WHICHEVER IS EARLIER, FIRST MONTH’S SERVICE CHARGE, ANY ADDITIONAL EQUIPMENT CHARGE, INSTALLATION AND ACTIVATION CHARGES AND TAXES AND FEES. Your first bill may include pro-rated charges from the date you first begin receiving Services, as well as monthly recurring charges for the next month and charges for non-recurring services you received. If you receive Services under a promotional offer, after the promotional period ends, regular charges for the Service(s) will apply.

5.3 Alternative Billing Arrangements; Installment Agreement.

Mediacom may sell certain Additional Equipment under an installment agreement where you promise to pay Mediacom the total sales price over the course of a specified number of months. If you choose to purchase Additional Equipment in such a manner, you will be required to sign an installment agreement which will state, among other things, the amount of your monthly payment, the number of payments, the payment due date, any late charges that may be assessed, prepayment and any associated penalty and whether and under what circumstances Mediacom has the right to accelerate payments.

6. NO WARRANTY OR REPRESENTATION.

Mediacom does not represent or warrant that the Service cannot be compromised or circumvented or that the Service will prevent personal injury, loss of life, or property loss or damage or that the Service will in all cases provide the notification which is intended, and you have not relied upon any such representation or warranty. You acknowledge that any affirmation of fact or promise made by Mediacom or its Suppliers, agents, servants or employees, shall not be deemed to create an express warranty unless included in this Services Agreement or the Addendum in writing. MEDIACOM, ON BEHALF OF ITSELF AND ITS DIRECT AND INDIRECT SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MEDIACOM AND ITS SUPPLIERS MAKE NO REPRESENTATION THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

7. Termination

7.1 Mediacom’s Termination Rights.

Mediacom assumes no liability for delays in Equipment installation, interruption of Service due to terrorism, vandalism, lack of regular and/or proper maintenance of the Equipment, changes to the Equipment not made by Mediacom, regulations or governmental acts, civil disturbances, computer viruses, hacking, strikes, riots, floods, fires, acts of God, pandemics, mechanical or electrical Equipment failures or any cause beyond the control of Mediacom. Mediacom may terminate the Service and this Service Agreement if it cannot maintain transmission privileges or if it decides to no longer provide the Services and shall not be liable for any damages or penalties as a result of such termination. Mediacom may also terminate the Service, without previous notice, in the event its monitoring station is destroyed or damaged by a catastrophe and it is impracticable to continue or restore Service and/or your failure to follow Mediacom’s recommendations to repair or replace any defective parts of your Service not covered under the Limited Warranty or Extended Service Plan, if available. YOU PROMISE NOT TO HOLD MEDIACOM LIABLE FOR ANY LOSSES YOU MAY EXPERIENCE AS A RESULT OF MEDIACOM’S TERMINATION OF THE SERVICE.

7.2 Your Failures and Mediacom’s Termination Rights.

In the event you breach any part of this Services Agreement, including, without limitation, the failure to pay fees when due, the failure to maintain HSD service with Mediacom or its affiliate, the failure to give Mediacom access to the Premises, the use of any unauthorized person to maintain or repair the Equipment resulting in malfunction, in the event you become a debtor in a bankruptcy proceeding, repeated false alarms within your control and/or abandonment or subleasing of the Premises, Mediacom may terminate the Service upon giving ten (10) days written notice to you. IF MEDIACOM EXERCISES ITS RIGHT TO TERMINATE BASED ON A BREACH OF THIS SERVICES AGREEMENT BY YOU, INCLUDING, BUT NOT LIMITED TO, THE REASONS STATED IN THIS SECTION, YOU SHALL BE OBLIGATED TO PAY ANY REASONABLE FEES AND EXPENSES MEDIACOM MAY INCUR IN COLLECTING ANY AMOUNT OWED UNDER THIS SERVICES AGREEMENT, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES. YOU PROMISE NOT TO HOLD MEDIACOM LIABLE FOR ANY LOSSES YOU MAY EXPERIENCE AS A RESULT OF MEDIACOM’S TERMINATION OF THIS SERVICES AGREEMENT.

7.3 Your Obligations Upon Termination.

Upon termination of this Services Agreement, you must: (a) immediately cease all use of the System, Services and Equipment; (b) pay in full for your use of the Services up to the date this Agreement is terminated and Services disconnected; (c) pay Mediacom’s reasonable collection costs, including attorneys’ fees (if any); (d) within 10 days of termination, return all Equipment owned by Mediacom; and (e) permit Mediacom or its agents to enter the Premises to remove Equipment owned by Mediacom, if any, that may need to be removed. If you do not return, or if you do not allow Mediacom to retrieve, any Service Equipment that is owned by Mediacom, you will be charged the full retail price for new replacements. Mediacom is not obligated to provide the Services after the date this Service Agreement is terminated.

8. Release from Liability and Waiver of Subrogation.

You agree to purchase insurance in adequate amounts to cover property loss or damage and personal injury which may occur at the Premises. You hereby irrevocably waive, release, discharge and agree to hold Mediacom, its Suppliers, directors, officers, employees, agents and assigns harmless from any and all claims, liabilities, damages, losses or expenses, including, but not limited to personal injury and/or property loss or damage, arising from or caused by any hazard covered by insurance whether said claim is made by you or by any other party claiming under or through you, including any insurer, by way of subrogation or otherwise.

9. Indemnification from Third Party Action.

This Services Agreement is intended only for the benefit of you. In the event any person not a party to this Services Agreement, including, without limitation, your insurance company, shall make any claim or file any lawsuit against Mediacom, its Suppliers officers, employees, agents or assigns (“Indemnities”) for any reason whatsoever, including, but not limited to, the installation, maintenance, monitoring, operation or non-operation of the Service, you agree to indemnify, defend and hold the Indemnities harmless to the maximum extent allowed by law from any and all claims and lawsuits including the payment of all damages, expenses, costs and attorney’s fees whether these claims arise under contract, warranty, active or passive negligence to any degree, statutory law or any other theory of liability.

YOUR DUTY TO PROTECT/INDEMNIFY MEDIACOM APPLIES EVEN IN THE CASE OF MEDIACOM’S OWN NEGLIGENCE.

10. Supplemental Smoke Detector(s) (if any)

To the extent Mediacom provides any fire or smoke protection Equipment to you, such Equipment is intended to be supplemental and is not intended to replace any primary fire alarm systems in the Premises. Mediacom recommends that you have and maintain a primary fire alarm system from a licensed provider that satisfies building code and fire protection requirements in your area in addition to any supplemental smoke detector(s) you purchase from Mediacom.

Mediacom will not test or inspect any smoke or other alarm system other than a supplemental smoke detector(s) that Mediacom or its Supplier installs. You are responsible for determining whether its primary fire/smoke alarm system complies with applicable building code and fire protection requirements in your area, and for ensuring that any such system is tested on a weekly basis and working properly.

11. Limitation of Mediacom's Liability

IT IS UNDERSTOOD THAT MEDIACOM IS NOT AN INSURER OF PERSON, LIFE, LIMB OR PROPERTY AND THAT ADEQUATE INSURANCE COVERING PERSONAL INJURY, LIFE AND PROPERTY LOSS SHALL BE OBTAINED BY YOU AS A CONDITION OF THIS SERVICE AGREEMENT. YOU ASSUME ALL RISKS FOR ANY LOSS, DAMAGE OR INJURY TO ANY PERSON OR ANY PROPERTY UNDER ANY CIRCUMSTANCES. YOU UNDERSTAND THAT THE SERVICE IS INTENDED TO REDUCE, BUT NOT ELIMINATE, CERTAIN RISKS. MEDIACOM IS BEING PAID FOR INSTALLING AND PROVIDING A SYSTEM DESIGNED TO PROVIDE NOTICE OF THE OCCURRENCE OF CERTAIN EVENTS. THE PAYMENTS YOU MAKE UNDER THIS SERVICE AGREEMENT ARE NOT RELATED TO THE VALUE OF THE PREMISES, YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PREMISES, BUT RATHER ARE BASED ON THE COST OF THE EQUIPMENT AND THE SERVICE, AND TAKE INTO CONSIDERATION THE PROTECTIONS AND LIMITING CONDITIONS AFFORDED TO MEDIACOM UNDER THIS SERVICE AGREEMENT. MEDIACOM AND YOU ACKNOWLEDGE THAT THE AMOUNTS BEING CHARGED BY MEDIACOM ARE NOT SUFFICIENT TO GUARANTEE IN ANY WAY THAT NO LOSS OR DAMAGE WILL OCCUR AND THAT MEDIACOM IS NOT ASSUMING RESPONSIBILITY FOR ANY PERSONAL INJURY, LOSS OF LIFE, OR PROPERTY LOSS OR DAMAGE WHICH MAY OCCUR EVEN IF DUE TO MEDIACOM’S NEGLIGENT PERFORMANCE OR WHICH MAY ARISE DUE TO THE FAULTY OPERATION OF THE EQUIPMENT, THE FAILURE OF SERVICES OR THE FAILURE TO PERFORM SAID SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT IT IS EXTREMELY DIFFICULT TO CALCULATE THE ACTUAL DAMAGES, IF ANY, WHICH MAY RESULT FROM MEDIACOM’S ALLEGED FAILURE TO PERFORM THE SERVICES DUE TO, AMONG OTHER THINGS, THE: (A) UNCERTAIN AND/OR UNKNOWN VALUE OF THE PREMISES, YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PREMISES; (B) UNCERTAIN AND/OR UNKNOWN RESPONSE TIMES OF EMERGENCY RESPONDERS; (C) INABILITY TO ASCERTAIN WHAT PORTION, IF ANY, OF AN ALLEGED INJURY WAS PROXIMATELY CAUSED BY MEDIACOM’S ALLEGED FAILURE TO PERFORM THE SERVICES; AND (D) THE GENERAL NATURE OF THE SERVICES.

CONSEQUENTLY, MEDIACOM AND YOU HEREBY AGREE THAT IF, NOTWITHSTANDING THE ABOVE PROVISIONS, THERE SHOULD ARISE ANY LIABILITY WHATSOEVER ON THE PART OF MEDIACOM, ITS SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ASSIGNS, IT IS AGREED THAT SUCH LIABILITY SHALL BE LIMITED TO ONE THOUSAND DOLLARS ($1,000). THIS SUM SHALL BE COMPLETE AND EXCLUSIVE AND SHALL BE PAID AND RECEIVED AS AN EXCLUSIVE REMEDY AND NOT AS A PENALTY. IN THE EVENT THAT YOU WISH MEDIACOM TO ASSUME A GREATER LIABILITY, YOU MAY OBTAIN FROM MEDIACOM A HIGHER LIMIT BY PAYING AN ADDITIONAL AMOUNT PROPORTIONED TO THE INCREASE OF SAID POTENTIAL LIABILITY, BUT SUCH ADDITIONAL OBLIGATION SHALL IN NO WAY BE INTERPRETED TO HOLD OR CONSTITUTE MEDIACOM AS AN INSURER. ANY REQUEST BY YOU FOR A HIGHER LIMIT SHALL BE GIVEN TO MEDIACOM IN WRITING BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO THE ADDRESS SPECIFIED BELOW AND SHALL BE ENFORCEABLEAGAINST MEDIACOM ONLY IF MEMORIALIZED IN A SEPARATE WRITTEN AGREEMENT SIGNED BY YOU AND DULY AUTHORIZED REPRESENTATIVES OF MEDIACOM.

Mediacom Home Automation, LLC

1 Mediacom Way

Mediacom Park, NY 10918

Attn: Robert Irish

THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR, BUT IS NOT LIMITED TO: LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR THE PREMISES; GOVERNMENTAL FINES AND CHARGES; AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED BY THIS LIMITATION OF LIABILITY ARE THE FOLLOWING TYPES OF DAMAGES: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (DAMAGES THAT RESULT FROM AN ACT, BUT DO NOT DIRECTLY RELATE TO THE ACT), PUNITIVE (DAMAGES USED TO MAKE AN EXAMPLE OF SOMEONE) AND ATTORNEYS’ FEES.

(Only sign if Familiarization Period requested)erein UBSCRIBER HAS EXPRESSLY REQUESTED

12. Full Agreement - Severability

This Services Agreement, together with the Addendum, constitutes the full understanding by and between the parties hereto, supersedes all prior and contemporaneous written and oral representations, discussions, understandings or agreements regarding the subject matter of the Addendum and this Services Agreement and may not be amended or modified except in writing and signed by both parties. Handwritten changes to the Addendum and this Services Agreement shall be of no force and effect unless initialed by a duly authorized representative of both parties. If any provision or part of the Addendum or this Services Agreement is held to be invalid or unenforceable, the remainder of the Addendum and this Services Agreement shall continue in full force and effect as if such invalid or unenforceable provision had never appeared therein.

13. Choice of Law & Forum Selection

This Services Agreement is governed by the laws of the State of New York, without regard to such state’s conflict of laws principles. Any suit or action that arises out of or relates or pertains to this Agreement or the subject matter hereof shall be brought only in the state or federal courts of the State of New York having jurisdiction.

14. Limitation on Lawsuits

You must bring any claim and commence a legal proceeding or action against Mediacom arising out of this Service Agreement, the Addendum, or related to the Equipment or Service within one (1) year after the date on which the claim arose or the shortest duration permitted under applicable law. If you do not bring any claim and commence any legal proceeding or action against Mediacom within this time, you waive, to the extent permitted by law, all rights you may have with respect to any such claims and Mediacom shall have no liability to you with respect to those claims.

15. Jury Waiver

TO THE EXTENT PERMITTED BY LAW, MEDIACOM AND YOU BOTH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS SERVICE AGREEMENT, THE ADDENDUM, OR RELATED TO THE EQUIPMENT OR SERVICE.

16. Miscellaneous.

16.1 Customer’s sole and exclusive remedies under the Service Agreement and Addendum are as expressly set forth in the Service Agreement and Addendum.

16.2 Customer agrees that Mediacom may scan, image or otherwise convert the Service Agreement, Addendum and the Work Order into an electronic format of any nature. Customer also agrees that copies of this Addendum and the Work Order produced from such electronic format are legally equivalent to the original for any and all purposes. Faxed or other electronically generated signatures and initials are binding on the parties as if they are originals.

16.3 Mediacom does not waive any provision or right if it fails to insist upon or enforce strict performance of any provision of the Service Agreement and Addendum. Neither the course of conduct between Customer and Mediacom nor trade practice shall act to modify any provision of the Service Agreement and Addendum.

17. Conflict Resolution

In the event of a conflict between the Addendum and the Mediacom Residential Customer and User Agreement, the terms of the Addendum shall control. In the event of a conflict between the Addendum and this Service Agreement, the terms of the Addendum shall control. In the event of a conflict between this Services Agreement and the Mediacom Residential Customer and User Agreement, the terms of this Services Agreement will control.

18. Consumer Complaints — For Alabama Residents Only

Complaints against Mediacom may be directed to the Alabama Electric Security Board of Licensure at 7956 Vaughn Road, PMB 392 Montgomery, AL 36116 or by calling 334-264-9388.

19. Notice to Buyer/Notice of Cancellation

IF YOU AGREED TO PURCHASE THE SERVICE OR EQUIPMENT DESCRIBED HEREIN WHILE MEETING WITH MEDIACOM’S SALES REPRESENTATIVE AT THE PREMISES, YOU MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD (3^RD) BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION AS INDICATED IN THIS SERVICE AGREEMENT. YOUR RIGHT TO CANCEL UNDER THIS SECTION IS NOT AFFECTED BY COMMENCING SERVICES DURING THE CANCELLATION WINDOW. THE STATE IN WHICH YOU RESIDE MAY PROVIDE FOR A DIFFERENT TIME PERIOD TO CANCEL THIS TRANSACTION OR ADDITIONAL DISCLOSURES; PLEASE REFERENCE THE CHART BELOW. A NOTICE OF CANCELLATION FORM, WHICH EXPLAINS THIS RIGHT AND HOW YOU MAY EXERCISE THIS RIGHT IS ATTACHED HERETO AS SCHEDULE 2.

ARIZONA CUSTOMERS:	NOTICE TO BUYER 1. Do not sign this agreement if any of the spaces intended for the agreed terms to the extent of then available information are left blank. 2. You are entitled to a copy of this agreement at the time you sign it. 3. You may pay off the full unpaid balance due under this agreement at any time, and in so doing you shall be entitled to a full rebate of the unearned finance and insurance charges. 4. You may cancel this agreement any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right. 5. It shall not be legal for the seller to enter your premises unlawfully or commit any breach of the peace to repossess goods purchased under this agreement.
FLORIDA CUSTOMERS:	BUYER’S RIGHT TO CANCEL This is a home solicitation sale, and if you do not want the goods or services, you may cancel this agreement by providing written notice to the seller in person, by telegram, or by mail. This notice must indicate that you do not want the goods or services and must be delivered or postmarked before midnight of the third business day after you sign this agreement. If you cancel this agreement, the seller may not keep all or part of any cash down payment.
KENTUCKY CUSTOMERS:	If this agreement was solicited to your residence and you do not want the goods or services, you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or services and must be mailed before midnight of the third business day after you sign this agreement. The notice must be mailed to: Mediacom Home Automation, LLC, ATTN: Mediacom Order Assurance Dept. c/o Kelli Keinath, 609 4^th St., Chillicothe, IL 61523
MARYLAND CUSTOMERS:	You, the buyer, may cancel this transaction at any time prior to midnight of the 5^th business day, or, if you are at least 65 years old, prior to the 7th business day, after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.
MICHIGAN CUSTOMERS:	You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right. Additionally, the seller is prohibited from having an independent courier service or other third party pick up your payment at your residence before the end of the 3-business-day period in which you can cancel the transaction.
MISSISSIPPI CUSTOMERS:	BUYER’S RIGHT TO CANCEL If this agreement was solicited at your residence and you do not want the goods or services, you may cancel this agreement by mailing a notice to the seller by certified or registered mail. The notice must say that you do not want the goods or services and must be mailed before midnight on the third business day after you sign this agreement. The notice must be mailed to: Mediacom Home Automation, LLC, ATTN: Mediacom Order Assurance Dept. c/o Kelli Keinath, 609 4^th St., Chillicothe, IL 61523. If you cancel, the seller may keep all or part of your cash down payment, but in no event may the seller retain an amount in excess of five percent (5%) of the case price or the amount of the cash down payment whichever is the lesser.
TENNESSEE CUSTOMERS:	BUYER'S RIGHT TO CANCEL If this agreement was solicited at your residence and you do not want the goods or services, you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or services and must be mailed before twelve o'clock midnight (12:00) of the third business day after you sign this agreement. The notice must be mailed to: Mediacom Home Automation, LLC, ATTN: Mediacom Order Assurance Dept. c/o Kelli Keinath, 609 4^th St., Chillicothe, IL 61523

By signing this agreement, you represent that you are at least 18 years old; that you are the owner of, or tenant at, the Premises and authorized to make installation decisions. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT INCLUDING THE ADDENDUM, AND ACKNOWLEDGE THAT, TOGETHER WITH THE MEDIACOM RESIDENTIAL CUSTOMER AND USER AGREEMENT, THEY CONSTITUTE AN AGREEMENT BETWEEN YOU AND MEDIACOM FOR THE SERVICES AND INSTALLATION. YOU ALSO ACKNOWLEDGE THAT YOU HAVE REVIEWED THIS SERVICES AGREEMENT ANDADDENDUM, INCLUDING, BUT NOT LIMITED TO, THE PROVISIONS REGARDING RELEASE FROM LIABILITY AND WAIVER OF SUBROGATION, INDEMNIFICATION FROM THIRD PARTY ACTION, AND LIMITATION OF MEDIACOM’S LIABILITY AND AGREE TO BE BOUND THEREBY.

Schedule 1:

Alarm Monitoring Service Addendum ("Addendum")

This Addendum (the “Addendum”) to the Mediacom Residential Customer and User Agreement (“MRCU Agreement”), together with the Home Monitoring Service Work Order (the “Work Order”) is made by and between Mediacom Communications Corporation and its subsidiaries and affiliates (“Dealer”) and Subscriber (“you” “your” or “Subscriber”). The terms of the Work Order are incorporated by reference and adopted herein.

Subscriber will have accepted the Addendum and the Work Order, and be bound by their terms, upon the earlier of: (a) Subscriber’s signature on the Work Order, (b) Subscriber’s acknowledgement or acceptance of the Addendum electronically, (c) the effective date of any installation of the event-monitoring alarm system at the premises identified in the Work Order (the “Premises”), or (d) Subscriber’s use of the alarm monitoring services.

1. Monitoring Service

Subscriber agrees to purchase and Dealer agrees to furnish and install at Subscriber’s Premises an event-monitoring alarm system (“Service”) and the included equipment (“Service Equipment”) as described in the Work Order. Dealer or its designee shall monitor Subscriber’s Service twenty-four hours per day, seven days per week. Service will begin when the equipment is installed and operational and when the necessary communications connection is completed. If an alarm signal is received from the equipment, Dealer or its designee shall use all reasonable efforts to create a two-way communication by telephone with appropriate personal contact information as provided by the Subscriber, failing which, or if directed by the contact, Dealer or its designee shall use all reasonable efforts to dispatch the appropriate emergency responders in the vicinity of the Premises. This Section 1 contains Dealer’s only monitoring and response obligations. Subscriber agrees to notify Dealer of Subscriber’s disposition with regard to any signal within twenty-four hours.

2. Equipment

2.1 Ownership of Equipment. The following equipment installed by Dealer shall remain Dealer’s property: any touch screen/control panel and router connected to Subscriber’s cable modem (the “Dealer Equipment”). Subscriber will own any other equipment (“Service Equipment,” “Equipment Package, and “Additional Equipment,” collectively, the “Subscriber Equipment”) installed at the Premises when Subscriber pays the purchase price in full (Dealer Equipment and Subscriber Equipment shall collectively be referred to as “Equipment”). Upon the termination or expiration of the Service, Subscriber agrees that Dealer or its designee may enter the Premises and remove some or all of the Dealer Equipment and/or disable the Service. Should Subscriber fail or refuse to allow Dealer or its designee access to the Premises, Subscriber also agrees to: (i) pay Dealer our reasonable charges for the Dealer Equipment, and (ii) reimburse Dealer for any fees and costs (including, but not limited to, reasonable attorneys' fees) Dealer may incur in seeking to gain access to remove the Dealer Equipment or to collect such charges. Dealer has no obligation to repair or redecorate the Premises after any such removal. Dealer’s removal, disabling or abandonment of the Dealer Equipment does not constitute waiver of Dealer’s right to collect any unpaid charges due hereunder.

2.2 Subscriber Equipment.

2.2.1 Service Equipment.

Certain equipment (“Service Equipment”) is included in the monthly fee paid for the Service (“Service Fee”). The Service Equipment includes three (3) door/window sensors and one (1) motion detector. Dealer may change, add or substitute any of the Service Equipment at any time.

2.2.2 Equipment Packages.

In addition to the Service Equipment, you may purchase an equipment package which contains predetermined equipment (“Equipment Package”). Dealer may change, add or substitute any equipment in any Equipment Package at any time.

2.2.3 Additional Equipment.

Individual equipment is available for purchase on an a la carte basis (“Additional Equipment”). Dealer may change, add, substitute, discontinue any Additional Equipment at any time.

3. Payment for Service, Equipment, and Installation.

Subscriber agrees to pay to Dealer the monthly fee for the Service (“Service Fee”) any fees for Equipment Packages, Additional Equipment and Installation as described in the Work Order.

You will receive billing statements from Dealer and you are obligated to make payment in full to Dealer by the due date specified on any billing statement. Your failure to make timely payments to Dealer may result in the assessment of late fees or other collection fees (including, but not limited to, Dealer’s reasonable attorneys’ fees).

4. Limited Warranty — Repairs and Adjustments.

Dealer agrees to repair or replace at its option any part of the system which, within one year following installation, is defective due to faulty design, materials or workmanship. Thereafter, Subscriber shall be responsible for labor and material costs involved in any adjustment, repair or replacement unless Subscriber has contracted for Dealer’s continuing maintenance service, if available. If Subscriber so contracts, in exchange for a monthly fee, Dealer will provide labor and parts to perform remedial maintenance services on the system. Such services will be performed only when Subscriber notifies Dealer that services are needed. Dealer will perform no inspections or preventive maintenance and Dealer MAKES NO WARRANTY REGARDING ITS MAINTENANCE SERVICE. The parties’ relationship regarding maintenance services is governed by all other appropriate parts of this Addendum including, specifically, Paragraphs 19, 20, 21 and 24. Either party may cancel the maintenance service at any time. The fee for the maintenance service, if any, shall be in an amount as set forth in the Work Order until modified by Dealer upon advance written notice to Subscriber.

5. "Limitation of Technology"

Subscriber understands and agrees that the service rendered under this Addendum relies on Subscriber’s wireline broadband (internet) and / or Subscriber’s cellular broadband backup (“Subscriber’s Broadband System”). Subscriber understands and agrees that during the term of this Agreement, Subscriber must have and subscribe to Mediacom HSD Service. Subscriber understands and agrees that Dealer does not guarantee the operation of Subscriber’s Broadband System. Subscriber also understands and agrees that anytime Subscriber’s Broadband System is non-operational, the security system provided under this Addendum will likewise not be fully functional. This means that during such non-operational periods of Subscriber’s Broadband System, the alarm signals may not transmit to our monitoring station. This acknowledgement applies to every term and condition of this Addendum.

6. Alarm Verification.

The laws in some areas may require Dealer to use private security personnel to respond to and verify certain intrusion alarms before local police will agree to be dispatched. In those areas, Dealer’s monitoring station will use local security firms to respond to such alarms, and, if there is a reasonable basis to believe an intrusion has occurred, local police will be contacted and requested to dispatch emergency responders. Subscriber agrees and acknowledges that, where required by law, this verification procedure may result in a delay in the dispatch of emergency responders. Subscriber further agrees and acknowledges that the acts or omissions of any private security personnel used by Dealer’s monitoring station to verify intrusion alarms shall be subject to the terms and conditions of the Addendum -- including, but not limited to, the limitation of liability set forth below.

7. Contact Information.

Subscriber shall provide Dealer with a list of names and contact information of persons who Subscriber wants Dealer’s monitoring station to contact in the event of an alarm condition at the Premises. Dealer may (but is not obligated to) attempt to contact Subscriber or another person that Subscriber has identified to verify the alarm before Dealer requests a dispatch of the police or other emergency responders. If a person at the Premises (or another authorized contact person) provides Dealer’s monitoring station with a pre-agreed and current passcode on Subscriber’s account and requests that Dealer disregard an alarm, that Dealer not contact emergency responders, or that Dealer cancel a previous dispatch request to emergency responders, Dealer may (but is not obligated to) attempt to do so. If Dealer’s monitoring station has any reason to believe that no emergency condition exists at the Premises, Dealer may elect, in its sole discretion, not to request the dispatch of emergency responders and/or not to follow the notification or other procedures utilized for alarm conditions.

Subscriber agrees to provide Dealer with information that is accurate, complete and current, including Subscriber’s legal name, address, telephone number(s) and all information, including any permitting information as described in Section 27 below, required for the monitoring of the Equipment. Subscriber must notify Dealer, in advance and in writing, of any person Subscriber wishes Dealer to try to contact if an alarm occurs on the Premises. Subscriber is responsible for updating and ensuring the accuracy of this contact information. Subscriber shall bear the exclusive risk of any consequential damages resulting from the failure to provide accurate and updated contact information. The person(s) identified in Subscriber’s contact information will be authorized to act on Subscriber’s behalf, including the authority to cancel an alarm prior to the notification of emergency responders. Dealer is entitled to rely solely on the instructions of any person(s) identified in Subscriber’s emergency contact information -- provided such person supplies Dealer’s monitoring station with the pre-agreed and current passcode on Subscriber’s account at the time of the alarm.

8. Recorded Communications.

Subscriber agrees that Dealer’s monitoring station may (but is not obligated to) record and retain any communications concerning Subscriber’s account regardless of whether such communications are: (i) from the Premises, a mobile telephone or some other communications device; (ii) with a person or persons who is not identified in the contact information provided on Subscriber’s account; and/or (iii) with a person or persons who does not provide Dealer with the pre-agreed and current passcode on Subscriber’s account.

9. No Warranty or Representation.

Other than as stated in Paragraph4 above Dealer does not represent or warrant that the system may not be compromised or circumvented or that the system will prevent any personal injury, loss of life, or property loss or damage or that the system will in all cases provide the notification which is intended, and the Subscriber has not relied upon any such representation or warranty. The Subscriber acknowledges that any affirmation of fact or promise made by Dealer or its agents, servants or employees, shall not be deemed to create an express warranty unless included in this Addendum in writing. DEALER, ON BEHALF OF ITSELF AND ITS DIRECT AND INDIRECT SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEALER AND ITS DIRECT AND INDIRECT SUPPLIERS MAKE NO REPRESENTATION THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

10. Additional Equipment Disclaimer.

Subscriber acknowledges that Dealer has offered additional Equipment, systems and protections which are available for additional charges. Subscriber is responsible for determining the types and locations of Equipment that best meet Subscriber’s needs. Subscriber is not relying on Dealer’s skill or judgment in making this determination and Dealer cannot accept any responsibility for Subscriber’s choices.

11. Medical and/or False Alarm Charges.

In the event of an alarm, Subscriber does hereby authorize Dealer to seek to notify emergency responders and attempt to obtain assistance. To the extent that any fees or costs result from such notification (such as, without limitation, medical expenses, ambulance charges, false alarm fines, etc.), Subscriber and/or its insurer shall be obligated for and agrees to pay and hold Dealer harmless for any and all costs and expenses. If there are repeated false alarms at the Premises, Dealer may terminate this Addendum “for cause.” If Dealer notifies Subscriber of a malfunction which results in repeated false alarms, Subscriber will disconnect the Equipment until the malfunction is repaired. This may result in an interruption of services.

12. Cancellation.

IF SUBSCRIBER AGREED TO PURCHASE THE SERVICES OR EQUIPMENT DESCRIBED HEREIN WHILE MEETING WITH DEALER’S SALES REPRESENTATIVE AT THE PREMISES, YOU, THE SUBSCRIBER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD (3^RD) BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION AS INDICATED IN THE WORK ORDER. THE SUBSCRIBER ACKNOWLEDGES RECEIPT OF A SEPARATENOTICE OF CANCELLATION FORM, WHICH EXPLAINS THIS RIGHT AND HOW SUBSCRIBER MAY EXERCISE THIS RIGHT.

13. Ancillary Equipment and Charges.

Dealer is authorized to install or have installed suitable communications Equipment used in the operation of this system. Subscriber agrees to supply and pay any charges for 24-Hour 110-volt circuit as required to power the system and the appropriate communications services or other Equipment deemed necessary by Dealer. Dealer shall not be responsible for any costs for parts and/or labor associated with adapting the Subscriber’s communications system for use with the system.

14. Testing, Protection and Location of the Equipment and Review of Event Monitoring History.

Subscriber shall have access to the Equipment installed by Dealer in the Premises and to an internet-based event monitoring history portal (which shows the alarm signals generated by the alarm Equipment installed at the Premises). Accordingly, it is solely the Subscriber’s responsibility to test the operation of the Equipment --including the Dealer Equipment and Subscriber Equipment -- used in the operation of this system and consult the event monitoring history. Testing of the Equipment and a review of the event monitoring history shall occur on a weekly basis as well as immediately following any storm, power outage, transmission system outage, or any change to any transmission system, in order to verify the continued functionality of the Equipment. Subscriber will notify Dealer of any problems with the service and/or Equipment immediately. Subscriber shall bear the exclusive risk of any consequential damages resulting from the failure to notify Dealer immediately of any problems with the service and/or Equipment. Subscriber agrees that no apparatus or device shall be attached or connected to the system and further agrees not to permit the system and Equipment to be disturbed, removed or otherwise damaged. Subscriber agrees to notify Dealer immediately of any changes of ownership or occupancy of the service address. Subscriber’s obligations under this Addendum continue even if Subscriber sells or leaves the service address. Subscriber may not use the Dealer Equipment with another security services provider or move it to another location. If Subscriber does, the Equipment may not operate properly and/or emergency responders may not be able to find the Premises.

Subscriber will use the Equipment as installed by us, and in a manner that is consistent with the instructions and other materials that Dealer provides to Subscriber (including with respect to periodic testing of the Equipment). Subscriber shall instruct all users of the Equipment on its proper use. If Subscriber relocates the Equipment within the Premises after installation, obstructs the Equipment, fails to regularly and properly maintain the Equipment, or otherwise hinders the proper operation of the Equipment (for example, without limitation, in the course of home renovations, or as a result of moving the furniture within your home), it may not operate properly. This means that the Equipment may not trigger an alarm, Dealer’s monitoring station may not receive any alarm signals or, if Dealer’s monitoring station does receive an alarm signal, the information that Dealer’s monitoring station provides to emergency responders concerning any alarm at the Premises may not be accurate.

Certain of the Equipment may include battery powered motion detectors, smoke detectors, door and window contact transmitters, and other detection sensors that are not connected to the electrical system of the Premises. Such detection sensors require batteries to operate. THESE BATTERY POWERED DETECTION SENSORS WILL NOT OPERATE, AND THE ALARM WILL NOT SOUND, IF THE BATTERIES ARE LOW OR FULLY DEPLETED. Unless Subscriber requests service from us, Subscriber is responsible for maintaining and replacing the batteries in these battery powered detection sensors and Subscriber should regularly inspect such sensors for dirt and dust buildup and test them weekly to help maintain continued operation.

15. Dealer Delays and Failures and Dealer's Termination Rights.

Dealer assumes no liability for delays in equipment installation, interruption of services due to terrorism, vandalism, lack of regular and/or proper maintenance of the Equipment, changes to the Equipment not made by Dealer, regulations or governmental acts, civil disturbances, computer viruses, hacking, strikes, riots, floods, fires, acts of God, mechanical or electrical Equipment failures or any cause beyond the control of Dealer. Dealer may terminate the Addendum if it cannot maintain transmission privileges and shall not be liable for any damages or penalties as a result of such termination. Dealer may also terminate the Addendum, without previous notice, in the event its monitoring station is destroyed or damaged by a catastrophe and it is impracticable to continue or restore service and/or Your failure to follow Dealer’s recommendations to repair or replace any defective parts of your alarm system not covered under the Limited Warranty or Extended Service Plan, if available. YOU PROMISE NOT TO HOLD DEALER LIABLE FOR ANY LOSSES YOU MAY EXPERIENCE AS A RESULT OF DEALER’S TERMINATION OF THE ADDENDUM.

16. Subscriber Failures and Dealer's Termination Rights.

In the event you breach any part of the Addendum, including, without limitation, the failure to pay Service Fees when due, the failure to maintain HSD service with Dealer or its affiliate, the failure to give Dealer access to the Premises, the use of any unauthorized person to maintain or repair the Equipment resulting in malfunction, in the event you become a debtor in a bankruptcy proceeding, repeated false alarms within your control and/or abandonment or subleasing of the Premises, Dealer may terminate the Addendum upon giving ten (10) days written notice to you. IF DEALER EXERCISES ITS RIGHT TO TERMINATE THE ADDENDUM BASED ON A BREACH OF THE ADDENDUM BY YOU, INCLUDING, BUT NOT LIMITED TO, THE REASONS STATED IN THIS SECTION, YOU SHALL BE OBLIGATED TO PAY ANY REASONABLE FEES AND EXPENSES DEALER MAY INCUR IN COLLECTING ANY AMOUNT OWED UNDER THE ADDENDUM, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES. YOU PROMISE NOT TO HOLD DEALER LIABLE FOR ANY LOSSES YOU MAY EXPERIENCE AS A RESULT OF DEALER’S TERMINATION OF THE ADDENDUM.

17. Release from Liability and Wavier of Subrogation.

Subscriber agrees to purchase insurance in adequate amounts to cover property loss or damage and personal injury which may occur at the Premises. Subscriber hereby waives, releases, discharges and agrees to hold Dealer, its directors, officers, employees, agents and assigns harmless from any and all claims, liabilities, damages, losses or expenses arising from or caused by any hazard covered by insurance whether said claim is made by Subscriber or by any other party claiming under or through Subscriber, including any insurer, by way of subrogation or otherwise.

18. Indemnification from Third Party Action.

This Addendum is intended only for the benefit of Subscriber. In the event any person not a party to this Addendum, including, without limitation, Subscriber’s insurance company, shall make any claim or file any lawsuit against Dealer, its officers, employees, agents or assigns (“Indemnities”) for any reason whatsoever, including, but not limited to, the installation, maintenance, monitoring, operation or non-operation of the system, Subscriber agrees to indemnify, defend and hold the Indemnities harmless to the maximum extent allowed by law from any and all claims and lawsuits including the payment of all damages, expenses, costs and attorney’s fees whether these claims arise under contract, warranty, active or passive negligence to any degree, statutory law or any other theory of liability.

SUBSCRIBER’S DUTY TO PROTECT/INDEMNIFY DEALER APPLIES EVEN IN THE CASE OF DEALER’S OWN NEGLIGENCE.

19. Binding Nature.

THE TERMS AND PROVISIONS OF THIS ADDENDUM ARE AN INTEGRAL PART OF THIS ADDENDUM AND ARE BINDING ON DEALER AND SUBSCRIBER. SUCH TERMS AND CONDITIONS SHOULD BE READ CAREFULLY. UCONTROL, THE PROVIDER OF THE SOFTWARE FOR THE EVENT MONITORING SYSTEM, SHALL BE A DIRECT AND INTENDED THIRD PARTY BENEFICIARY OF THE LICENSE AGREEMENT AND MAY ENFORCE IT DIRECTLY AGAINST SUBSCRIBER.

20. Supplemental Smoke Detector(s) (if any).

The supplemental smoke detector(s) available to Subscriber is not intended to replace fire alarm systems that are required in order to satisfy building code and fire protection requirements in your area. Dealer recommends that Subscriber have and maintain a primary fire alarm system from a licensed provider that satisfies building code and fire protection requirements in Subscriber’s area in addition to any supplemental smoke detector(s) Subscriber purchases from Dealer.

Dealer will not test or inspect any smoke or other alarm system other than a supplemental smoke detector(s) that Dealer or its designee installs. Subscriber is responsible for determining whether its primary fire/smoke alarm system complies with applicable building code and fire protection requirements in your area, and for ensuring that any such system is working properly.

21. Forcible Entry.

Subscriber acknowledges consent for emergency responders such as fire, law enforcement and emergency medical personnel contacted by our monitoring station to enter the Premises, with force, if necessary. Subscriber does hereby release Dealer from any and all liability whatsoever as a result of said forcible entry.

22. Limitation of Dealer's Liability.

IT IS UNDERSTOOD THAT DEALER IS NOT AN INSURER OF PERSON, LIFE, LIMB OR PROPERTY AND THAT ADEQUATE INSURANCE COVERING PERSONAL INJURY, LIFE AND PROPERTY LOSS SHALL BE OBTAINED BY THE SUBSCRIBER AS A CONDITION OF THIS ADDENDUM. SUBSCRIBER ASSUMES ALL RISKS FOR ANY LOSS, DAMAGE OR INJURY TO ANY PERSON OR ANY PROPERTY UNDER ANY CIRCUMSTANCES. SUBSCRIBER UNDERSTANDS THAT THE SERVICES ARE INTENDED TO REDUCE, BUT NOT ELIMINATE, CERTAIN RISKS. DEALER IS BEING PAID FOR INSTALLING AND PROVIDING A SYSTEM DESIGNED TO PROVIDE NOTICE OF THE OCCURRENCE OF CERTAIN EVENTS. THE PAYMENTS SUBSCRIBER MAKES UNDER THIS ADDENDUM ARE NOT RELATED TO THE VALUE OF THE PREMISES, SUBSCRIBER’S POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PREMISES, BUT RATHER ARE BASED ON THE COST OF THE EQUIPMENT AND THE MONITORING SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTIONS AND LIMITING CONDITIONS AFFORDED TO DEALER UNDER THIS ADDENDUM. DEALER AND THE SUBSCRIBER ACKNOWLEDGE THAT THE AMOUNTS BEING CHARGED BY DEALER ARE NOT SUFFICIENT TO GUARANTEE IN ANY WAY THAT NO LOSS OR DAMAGE WILL OCCUR AND THAT DEALER IS NOT ASSUMING RESPONSIBILITY FOR ANY PERSONAL INJURY, LOSS OF LIFE, OR PROPERTY LOSS OR DAMAGE WHICH MAY OCCUR EVEN IF DUE TO DEALER’S NEGLIGENT PERFORMANCE OR WHICH MAY ARISE DUE TO THE FAULTY OPERATION OF THE SYSTEM, THE FAILURE OF SERVICES OR THE FAILURE TO PERFORM SAID SERVICES.

SUBSCRIBER ACKNOWLEDGES AND AGREES THAT IT IS EXTREMELY DIFFICULT TO CALCULATE THE ACTUAL DAMAGES, IF ANY, WHICH MAY RESULT FROM THE DEALER’S ALLEGED FAILURE TO PERFORM THE SERVICES DUE TO, AMONG OTHER THINGS, THE: (A) UNCERTAIN AND/OR UNKNOWN VALUE OF THE PREMISES, SUBSCRIBER’S POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PREMISES; (B) UNCERTAIN AND/OR UNKNOWN RESPONSE TIMES OF EMERGENCY RESPONDERS; (C) INABILITY TO ASCERTAIN WHAT PORTION, IF ANY, OF AN ALLEGED INJURY WAS PROXIMATELY CAUSED BY THE DEALER’S ALLEGED FAILURE TO PERFORM THE SERVICES; AND (D) THE GENERAL NATURE OF THE SERVICES.

CONSEQUENTLY, DEALER AND SUBSCRIBER HEREBY AGREE THAT IF, NOTWITHSTANDING THE ABOVE PROVISIONS, THERE SHOULD ARISE ANY LIABILITY WHATSOEVER ON THE PART OF DEALER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ASSIGNS, IT IS AGREED THAT SUCH LIABILITY SHALL BE LIMITED TO ONE THOUSAND DOLLARS ($1,000). THIS SUM SHALL BE COMPLETE AND EXCLUSIVE AND SHALL BE PAID AND RECEIVED AS AN EXCLUSIVE REMEDY AND NOT AS A PENALTY. IN THE EVENT THAT THE SUBSCRIBER WISHES DEALER TO ASSUME A GREATER LIABILITY, THE SUBSCRIBER MAY OBTAIN FROM DEALER A HIGHER LIMIT BY PAYING AN ADDITIONAL AMOUNT PROPORTIONED TO THE INCREASE OF SAID POTENTIAL LIABILITY, BUT SUCH ADDITIONAL OBLIGATION SHALL IN NO WAY BE INTERPRETED TO HOLD OR CONSTITUTE DEALER AS AN INSURER. ANY REQUEST BY THE SUBSCRIBER FOR A HIGHER LIMIT SHALL BE GIVEN TO DEALER IN WRITING BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO THE ADDRESS SPECIFIED BELOW.

23. Third Party Equipment and Services — Limitations of Liability.

At its sole discretion and without additional notice to Subscriber, Dealer may assign, subcontract, purchase or otherwise arrange for alarm equipment, monitoring services or other services called for under this Addendum to be provided by a third party. Subscriber agrees and acknowledges that such third-party provider or providers of alarm equipment, monitoring services or other services are not insurers. Subscriber also agrees the limiting conditions of this Addendum, including the RELEASE FROM LIABILITY AND WAIVER OF SUBROGATION, INDEMNIFICATION FROM THIRD PARTY ACTION, and LIMITATION OF DEALER’S LIABILITY found in Paragraphs 19, 20, and 24 shall apply for the benefit of such third parties, their directors, officers, employees and agents as fully as if they had been specifically named herein in place of “Dealer” throughout. UNDER NO CIRCUMSTANCES WILL DEALER’S DIRECT OR INDIRECT SUPPLIERS HAVE ANY LIABILITY TO SUBSCRIBER.

24. Assignment.

It is specifically agreed that the Subscriber shall not be permitted to assign this Addendum without prior written consent of Dealer and any assignment without such consent shall be without effect and shall be deemed a breach of this Addendum. Dealer shall have the right to assign this Addendum to any other company engaged in a business similar to that of Dealer and upon such assignment shall be relieved of any obligations created herein.

25. Licenses, Permits and Compliance with Law.

Subscriber shall comply with all applicable federal, state and local laws, statutes, regulations and ordinances required for installation, use or monitoring of the Equipment. If the law in Subscriber’s area requires that Subscriber hold a license or permit for the installation, use or monitoring of the Equipment, Subscriber agrees to maintain such a license or permit and provide Dealer with the applicable license or permit number if Dealer so requests it. In some areas, Dealer may be able to obtain a required license or permit on Subscriber’s behalf. Subscriber will be responsible for the cost of any license or permit required to install and/or operate the Equipment.

26. Familiarization Period.

IN SOME MUNICIPALITIES, LOCAL LAW MANDATES THE IMPOSITION OF A FAMILIARIZATION PERIOD (THE “FAMILIARIZATION PERIOD”) IN THE FIRST SEVERAL DAYS OR WEEKS IMMEDIATELY FOLLOWING THE INSTALLATION OF AN EVENT MONITORING HOME ALARM SYSTEM. THE PURPOSE OF THE FAMILIARIZATION PERIOD IS TO ALLOW SUBSCRIBERS THE OPPORTUNITY TO BECOME FAMILIAR WITH THE OPERATION OF THE ALARM SYSTEM WITHOUT THE CORRESPONDING RISK OF FALSE ALARMS. WHILE DEALER DOES NOT AUTOMATICALLY IMPOSE A FAMILIARIZATION PERIOD, IT MAY DO SO WHEREREQUIRED BY LOCAL LAW. THE DURATION OF THE FAMILIARIZATION PERIOD SHALL BE SEVEN DAYS FROM THE COMPLETION OF THE INSTALLATION OF THE EQUIPMENT, OR LONGER IF REQUIRED BY LAW. DURING ANY FAMILIARIZATION PERIOD, DEALER HAS NO OBLIGATION TO, AND WILL NOT, RESPOND TO ANY ALARM SIGNAL FROM SUBSCRIBER’S PREMISES. SUBSCRIBER AGREES THAT DURING SUCH PERIOD DEALER HAS NO OBLIGATION TO, AND WILL NOT, NOTIFY SUBSCRIBER, ANY EMERGENCY RESPONDERS, OR SUBSCRIBER’ DESIGNATED REPRESENTATIVE(S) OR TAKE ANY OTHER ACTION WITH REGARD TO ANY ALARM SIGNAL DEALER OR ITS AGENTS RECEIVE FROM THE PREMISES, EVEN IF DUE TO AN ACTUAL EMERGENCY.

27. Full Agreement — Severability.

Work Order, constitutes the full understanding by and between the parties hereto, supersedes all prior and contemporaneous written and oral representations, discussions, understandings or agreements regarding the subject matter of this Addendum and may not be amended or modified except in writing and signed by both parties. Handwritten changes to this Addendum shall be of no force and effect unless initialed by both parties. If any provision or part of this Addendum is held to be invalid or unenforceable, the remainder of this Addendum shall continue in full force and effect as if such invalid or unenforceable provision had never appeared herein.

28. Notices.

Unless otherwise indicated, all notices intended for Dealer must be in writing, dated and signed by Subscriber and must be sent by certified mail to Dealer at the following address: Mediacom Home Automation, LLC, One Mediacom Way, Mediacom Park, NY 10918.

29. Limitation on Lawsuits.

Subscriber must bring any claim and commence a legal proceeding or action against Dealer arising out of this Addendum or related to the products or services provided hereunder within one (1) year after the date on which the claim arose or the shortest duration permitted under applicable law if such period is greater than one (1) year. If Subscriber does not bring any claim and commence any proceeding or action against Dealer within this time, Subscriber waives, to the extent permitted by law, all rights Subscriber may have with respect to any such claims and Dealer shall have no liability to Subscriber with respect to those claims.

30. Jury Waiver.

TO THE EXTENT PERMITTED BY LAW, DEALER AND SUBSCRIBER BOTH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS ADDENDUM AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER.

31. Passcodes.

Subscriber must create a passcode for the alarm system. Subscriber will be asked for the passcode when making changes or inquiries with regard to Subscriber’s account, and in connection with alarm events. If Subscriber shares its passcode with others, they will have the ability to make changes to Subscriber’s account, including address updates, changes to emergency contact information and THE ABILITY TO CHANGE THE PASS CODE, WITHOUT SUBSCRIBER’S KNOWLEDGE. Accordingly, Subscriber should not share its pass code with others.

32. Cameras/Video.

At Subscriber’s request, Dealer may install and connect at least one video camera at the Premises. Subscriber acknowledges and agrees that: (a) any such video camera is being installed at Subscriber’s specific request and is for the safety and security of the residents, invitees, and other persons at the Premises, and for no other purpose; (b) any such video camera will only be installed in public areas within the Premises, and will not be installed or utilized in any area where persons have a reasonable expectation of privacy, such as bedrooms, bathrooms, etc.; and (c) Subscriber will provide adequate illumination under all operational conditions for the proper operation of each such camera and will provide the 120 AC power supply where required.

Some cameras connected to the system may be configured to provide remote viewing and storage of video data via the Internet. Subscriber acknowledges that broadband and cellular networks are subject to interruptions in service which may cause the video services to fail to operate as intended.

Subscriber further acknowledges and agrees that video content may be received and stored on computer servers maintained by Dealer’s and/or its affiliates. Subscriber consents and agrees that Dealer and/or its affiliates may store video content from the Premises for such time as is needed at Dealer’s sole and exclusive discretion. While Dealer agrees to keep said video content confidential, Subscriber expressly agrees that Dealer may disclose such video content to third parties without further notice to Subscriber: (a) in connection with any law enforcement investigation or proceeding; (b) in a legal proceeding to which Dealer or its affiliates is a party; and/or (c) pursuant to a court order or subpoena.

Subscriber is solely responsible for the video content and the consequences of posting or publishing videos. Subscriber agrees that it will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless Subscriber is the owner of such rights or has permission from the rightful owner to post the material and to grant Dealer requisite license rights. Subscriber further agrees that it will not purposefully allow video content which is indecent, offensive, or pornographic, that is defamatory or constitutes an invasion of privacy, that otherwise violates any legal duty under criminal or civil law, or that otherwise violates any applicable local, national, and/or international laws and regulations, to be transmitted over Dealer‘s broadband network via the video camera(s) installed with the security system. Dealer reserves the right to remove any video content, without notice to Subscriber, if notified that such content infringes on another's intellectual property rights.

33. Miscellaneous.

33.1 Subscriber’s sole and exclusive remedies under this Addendum and any other agreements Dealer has provided under which these services are provided are as expressly set forth in this Addendum.

33.2 Subscriber agrees that Dealer may scan, image or otherwise convert this Addendum and the Work Order into an electronic format of any nature. Subscriber also agrees that copies of this Addendum and the Work Order produced from such electronic format are legally equivalent to the original for any and all purposes. Faxed or other electronically generated signatures and initials are binding on the parties as if they are originals.

33.3 Dealer does not waive any provision or right if it fails to insist upon or enforce strict performance of any provision of this Addendum. Neither the course of conduct between Subscriber and Dealer nor trade practice shall act to modify any provision of this Addendum.

34. Conflict Resolution.

35. Consumer Complaints — For Alabama Residents Only.

Complaints against Dealer may be directed to the Alabama Electric Security Board of Licensure at 7956 Vaughn Road, PMB 392 Montgomery, AL 36116 or by calling 334-264-9388.