Last edited on Wed Oct 25, 2017
THIS AGREEMENT HAS A “BINDING ARBITRATION CLAUSE” REQUIRING YOU AND MEDIACOM TO RESOLVE CERTAIN DISPUTES THROUGH ARBITRATION. SEE THE “ARBITRATION” SECTION 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:
Informational, Non-Marketing Purposes
You understand and agree that our ability to call or text any telephone number (including a cell phone) for non-marketing purposes, such as to talk to you about your account or any amounts due, is vitally important to our ability to service your account and you hereby grant consent for such contacts using any dialing method or device (regardless of whether you incur charges as a result). Your consent granted herein, including consent to call or text your cell phone, applies with respect to non-marketing calls during and after the term of this Agreement.
Subject to law, Mediacom has your consent to call or text any number or email any address you provide to us (or that we issue to you) for marketing of our Services, even if your numbers are included on state or federal “do not call” lists. This consent includes the use of automated dialing systems or artificial or prerecorded voices and you agree that Mediacom may use any such numbers regardless of whether you incur charges as a result (for example, charges for incoming text messages on your wireless phone). If you would like to have your number placed on our internal “do not call” list for marketing purposes, you may contact Mediacom customer service.
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.
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.
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 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. 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
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 is not guaranteed or warranted by Mediacom. Additionally, any such changes may impair or eliminate the functionality of Purchased Equipment. Mediacom has no obligation to upgrade, repair, modify or accommodate any Purchased Equipment. Any changes to or replacement of Purchased Equipment will be your obligation and at your sole cost.
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. 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.
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.
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.
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.
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 (INCLUDING 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 (INCLUDING PURCHASED EQUIPMENT), REGARDLESS OF THE BASIS OF ANY CLAIM. IN NO EVENT WILL THE MEDIACOM PARTIES BE REQUIRED TO CREDIT YOU AN AMOUNT IN EXCESS OF YOUR SERVICE FEES FOR THE MONTH DURING WHICH YOU SUFFER ANY LOSSES OR DAMAGES.
IF, DESPITE THE INTENT OF THE PARTIES THAT THE FOREGOING PROVISIONS BE ENFORCED AS WRITTEN, IF SUCH PROVISIONS ARE FINALLY DETERMINED BY A COURT OR ARBITRATOR WITH JURISDICTION TO BE UNENFORCEABLE AS WRITTEN, THEN THE PARTIES INTEND FOR THE CUMULATIVE LIABILITY OF THE MEDIACOM PARTIES TO BE THE SMALLEST AMOUNT PERMITTED BY APPLICABLE LAW.
THE FOREGOING SHALL SURVIVE THE UNENFORCEABILITY OR OTHER FAILURE OF ANY OTHER PROVISION OF THIS AGREEMENT THAT PURPORTS TO EXCLUDE OR LIMIT REMEDIES OR LIABILITY.
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.
You and Mediacom are agreeing to resolve certain disputes through arbitration.
THIS BINDING ARIBITRATION PROVISION SAYS THAT YOU AND MEDIACOM AGREE TO RESOLVE CERTAIN DISPUTES THROUGH ARBITRATION. PLEASE READ THIS SECTION CAREFULLY TO UNDERSTAND OUR BINDING ARBITRATION AGREEMENT.
The term “Dispute” means any dispute, claim, or controversy between you and Mediacom regarding any aspect of your relationship with Mediacom, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Provision. “Dispute” is to be given the broadest possible meaning that will be enforced. As used in this Arbitration Provision, “Mediacom” means Mediacom and its parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents.
Mediacom will strive to resolve all disputes informally by responding quickly and conscientiously to customers’ concerns. However, if we cannot resolve a Dispute with you, then, except as described elsewhere below, each of us agrees to submit the Dispute to the American Arbitration Association for resolution under its Commercial Arbitration Rules. Alternatively, you may bring your claim in your local “small clams” court, 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 court, claims related solely to your payment obligations for services, equipment or facilities.
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 more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision (waiver of jury trial and waiver of class action) is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
YOU MUST CONTACT US WITHIN ONE (1) 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 (60) DAYS AS PROVIDED IN THIS AGREEMENT), OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
YOU AND MEDIACOM AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY CLAIM FILED BY YOU OR BY MEDIACOM THAT IS NOT AGGREGATED WITH THE CLAIM OF ANY OTHER SUBSCRIBER AND WHOSE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS ; (2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS; (3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE; (4) 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 (5) ANY DISPUTE THAT CAN ONLY BE BROUGHT BEFORE THE LOCAL FRANCHISE AUTHORITY UNDER THE TERMS OF THE FRANCHISE.
If you or Mediacom elect to resolve your Dispute through 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 Commercial 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 (but only to the extent they exceed your local small claims court 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.
This arbitration provision shall survive termination of this Agreement.
Subject tolaw and Mediacom’s Privacy Notice & Subscriber Policies:
- Mediacom may from time to time collect, monitor, use and disclose your 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 PartyTransactions.
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.
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. 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 yours 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 http://mediacomcable.com/legal_FCC.html.
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.