Last edited on May 1, 2024

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

Mediacom Residential Customer and User Agreement

Subsidiaries of Mediacom Communications Corporation (“MCC”) offer television, Internet access, telephone, home security and automation and other services to residential subscribers. 

Not all services are available everywhere or in all combinations . 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 Addenda may apply.  The Addenda 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.
• 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. 
• 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 the age of legal majority in the state where the Services are received.  An account must be opened in the legal name of the subscriber.

3. Some Basic Terms that Apply to Your Services.

Initial Service Characteristics: 

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

Other Customers May Have Different Terms for the Same Services: 

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

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

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

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

Our Right to Access Your Premises:

You will allow us to enter your Premises to install, maintain or replace wiring or equipment and to make sure our services are properly operating and being delivered to you and your neighbors and for any other reasons associated with normal system operation or the provision of Services. If you stop receiving all Services, and Mediacom does not have an independent right to enter your property, you may terminate this access right by giving us one year’s advance notice. You further grant Mediacom all necessary easements to provide Services to you and others in the same cable system.  If you do not own the Premises, you must promptly obtain the consent of the owner and, upon request, give Mediacom evidence of that consent. After we install or remove equipment or wiring, you are responsible for any repairs or cosmetic corrections you desire. We have an obligation for repairs only if we cause damage because we performed our work negligently.

Mediacom Reserves the Freedom to Decide the Kind and Amount of Resources Devoted to Each Service:

Subject to law, Mediacom reserves the right to determine and change, on an ongoing basis, the nature and extent of the facilities and resources devoted to support any Service. Mediacom will have no obligation or liability for its decisions, even if Service performance or other parameters are adversely affected.

Your Consent to Phone and Email Contact:

You understand, consent and agree that Mediacom (and its authorized agents) may call, text or otherwise communicate with you for any lawful purposes, such as to talk to you about your account, about collecting any unpaid amounts due to us or about recovering any of our equipment you are obligated to return.  Subject to applicable law, Mediacom may for such purposes:  

• Contact you, during and after the term of this Agreement, using any telephone number (including a cell phone), email account or other physical or electronic address or means of contact that you provide to us, that we issue to you or that you use at any time to communicate with us regarding your Mediacom services or account, including sending your two-factor authentication messages to allow you to access your Mediacom online account(s);
• May make such contacts even if use of the particular method we choose results in extra charges for you (for example, charges for incoming text messages on your wireless phone);
• Make such contacts even if your numbers or accounts are included on state, federal or Mediacom’s own internal “do not call” or similar lists;
• Use any dialing method, including automated dialing systems or artificial or prerecorded voices and messages;  and
• Leave messages, whether live or prerecorded, on any answering machine or recording function activated by a telephone call to any of your telephones with any of the numbers indicated above (including your cell phone).

You understand, consent and agree that Mediacom (and its authorized agents) may monitor or record any conversation or other communication with you.

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

Service Interruptions May Occur:

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

Power Outages May Interrupt Services:  

The Services do not have their own power source.  You are responsible for obtaining a power source for each service. A POWER OUTAGE AFFECTING YOUR PREMISES OR MEDIACOM’S NETWORK MAY INTERRUPT AVAILABILITY OF OUR SERVICES.  THAT WILL ALSO RESULT IN AN INTERRUPTION IN THE AVAILABILITY OR FUNCTIONING OF DEVICES AND SERVICES THAT DEPEND ON OUR SERVICES, SUCH AS ACCESS TO 911 EMERGENCY SERVICES AND HOME ALARM OR HEALTH MONITORING DEVICES OR SERVICES.

Battery back-up units:

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

Ordinarily, You Will Not Be Entitled to a Refund, Credit or Other Compensation for an Interruption: 

Unless your Agreement expressly says something else, Mediacom will not be liable for any loss or unavailability of a Service due to any power failure, any scheduled or unscheduled interruption of Service, any act or omission by you or any third party not controlled by Mediacom, or any other reason, including failure of your equipment or software to be compatible with the Services, your failure to acquire new or additional equipment or software necessary for continued enjoyment of Services, or any loss or theft of or damage to any equipment.  Except as expressly provided in Section 12 below, you will not be entitled to any refund or credit because of any such loss or unavailability.

5. Prohibited Use of Services.

You may not:

• Receive or use, or assist others in receiving or using, any Service or Service feature without authorization;
• resell, distribute or duplicate the Service; or
• use the Service in any way that may violate law, your Agreement, third party property or other rights or Mediacom policies.

If you do any of the foregoing or you or any user of any Service violates your Agreement in any other way, Mediacom may:

• restrict, suspend or terminate your access to one or more Services;
• report the matter to law enforcement; and
• pursue any other lawful right or remedy. 

We may do any of this without prior notice to you (unless mandated by law) and shall not be liable to you or any other Service user for any consequences. 

6. Monitoring Service Usage.

You and each user of a Service (by his or her use) agree that Mediacom or our contractors have, to the maximum extent permitted by law, the right, but not the obligation, to:

• monitor usage of any Service, including monitoring the content viewed, uploaded, downloaded, posted or stored, or email or other communications made or received using your account or connection; and

• disclose any information as necessary or we believe to be prudent to satisfy any law or governmental request, to operate the Service or to protect or 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, changing third-party service providers, limiting usage of bandwidth or other resources or imposing additional charges if limits are exceeded; and
• changing the number, kinds or parameters of included features or services, such as the number of minutes or other measures of long-distance or international calls, if any, included in a calling plan or other level of telephony service or the amount of bandwidth that may be used in a given level of Internet access service.
• Make any other change relating to any Service contemplated or not expressly prohibited by your Agreement or applicable law.

Mediacom will give Customer at least ten days’ advance notice of any such changes that materially adversely affect Customer’s rights or obligations under your Agreement, except that shorter advance notice or no notice may be given if Mediacom believes that Mediacom or the Service might be adversely affected if longer notice were given.

Subject to any express exception referred to above, continued use of the Service following the effectiveness of any such change will be your acceptance of that change. 

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

If you receive a Service under a promotion or fixed-term commitment with a set price for some specified period of time, we may modify the price only if and to the extent allowed by the terms of the promotion or commitment, but you will be subject to changes of the other kinds described above.  

Any required or voluntary notice of any changes may be given by a posting at http://www.mediacomcable.com (or another web location of which you are informed) or via e-mail, postal mail or another appropriate means.  You are responsible for periodically checking our website for any changes.

8. Equipment.

Mediacom May Supply Equipment:

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

Customer Equipment: 

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

We May Change Mediacom Equipment: 

Mediacom has the right, but not the obligation, to upgrade, replace or otherwise change the Mediacom Equipment.  You agree that such changes may be made without advance notice or your specific consent and agree that they may be performed at your Premises or, if technically possible, remotely through downloads, at our option.  In some instances, you may need to exchange or pick up new or additional Mediacom Equipment. If you do not cooperate in making changes, the availability or quality of the Services may be adversely affected, up to and including loss of Service.  The functionality of any Purchased Equipment or other Customer Equipment is not guaranteed or warranted by Mediacom.  Additionally, any such changes may impair or eliminate the functionality of Purchased Equipment or other Customer Equipment.  Mediacom has no obligation to upgrade, repair, modify or accommodate any Purchased Equipment or other Customer Equipment.  Any changes to or replacement of Purchased Equipment or other Customer Equipment will be your obligation and at your sole cost.

Do Not Tamper With or Relocate Mediacom Equipment: 

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

Network Interface Device:

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

Changes in Items Required for a Service:

Mediacom may periodically change the requirements for equipment, software or other items needed for a Service. Mediacom does not have to continue to support previously acceptable items including any Purchased Equipment or other Customer Equipment.  If the requirements change, you may need to acquire, at your own expense, new or additional items tocontinue 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 all such items if Service has been cancelled or terminated, regardless of the reason for such cancellation or termination.  Unless Mediacom otherwise agrees in writing, IP addresses will be dynamically assigned, and will not be static or “sticky” IP addresses.

10. Software.

Mediacom grants you a limited, nonexclusive and nontransferable license to use software (including software from third party licensors) (collectively "Licensed Software") solely in connection with the Service. Software for mobile applications may only be used by an authorized user on a wireless device that is owned or controlled by such user. We may modify the Licensed Software at any time and for any reason, without notice, including through uploads. Your use of the Licensed Software is governed by this Agreement and Other Terms that may be provided to You by Mediacom or the third-party Licensor. Your right to use the Licensed Software terminates upon termination of this Agreement or upon written termination by Mediacom.  Any software license granted to you herein is for the object code version of the Licensed Software only, is without the right to sublicense and shall terminate immediately upon any termination of this Agreement or the applicable Service. Without limiting your obligations under law, you agree not to copy, modify, adapt, alter, translate, create derivative works, reverse engineer (except to the extent allowed under applicable law), disassemble, decompile, or otherwise attempt to reconstruct, obtain or perceive the source code from which any component of the Licensed Software is compiled or interpreted, and you hereby acknowledge that nothing in this Agreement shall be construed to grant you any right to use or otherwise obtain access to, any such source code. You may not take any steps to defeat any security measures in the Licensed Software.  You may not make any unauthorized use of any content available through any Licensed Software.  Any reproduction, distribution, sale, sublicense, transfer or use of the Licensed Software not expressly permitted by this Agreement or any other applicable terms is expressly prohibited.  The Licensed Software is licensed and not sold to you.  Mediacom and its suppliers retain title to and ownership of the Licensed Software and other intellectual property rights in and to the Licensed Software.

To the extent required by the license for the open source components of any Licensed Software (“Open Source Software”): (i) the terms of such license will apply to such Open Source Software instead of the terms of the license grant in this Agreement; and (ii) any restrictions prohibited by such license that are contained in this Agreement will not apply to such Open Source Software. Acknowledgements, licensing terms, and disclaimers for such Open Source Software are contained in a “Legal Notices” or similar screen. 

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

Credit Checks:

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

Deposit Requirements for Services:

Mediacom may require a deposit as a condition to providing a Service or Mediacom Equipment.  A deposit does not relieve you of responsibility for the prompt payment of bills when due. You authorize us to use the deposit as payment of any amount owed to Mediacom.

When Billing Begins; Order Cancellation:

Charges for any Service will begin as of the date Mediacom makes Service available for use.  If you cancel before the Services are made available, you may be obligated to pay termination fees and expenses.  If you cancel an order for phone Service prior to scheduled initiation, Mediacom is not responsible for any consequences, which may include inability to make telephone calls using your home phone and loss of the use of the assigned telephone number.

Fees and Charges You Must Pay: 

You agree to pay our recurring charges for the Services you receive when and as required by our pricing terms from time to time in effect, along with any non-recurring charges, taxes and other applicable charges and additional fees.

• Recurring Charges:  Periodic, continuing charges for the Services provided to you. Ordinarily, recurring charges for a Service will be payable monthly in advance.

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

• Other Charges:  Applicable surcharges, governmental fees and taxes will be added to each bill. You waive your right to a refund of any sums that we collect from you and pay to any government or agency, even if erroneously calculated or paid.

• Additional Fees:  Additional fees or charges may apply, including fees for returned checks, charge card chargeback, early termination, reconnection, service calls and fees and costs associated with collecting past due balances.

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

Except as expressly provided under “Section 12 REFUNDS” below, your obligation to pay for a Service continues without reduction even if the Service is unavailable or its quality is degraded because of any act or omission by you or any third party whom Mediacom does not control or any other event. 

Payment by Credit or Debit Card: 

You authorize Mediacom to charge your credit or debit card on file for all amounts you owe.  You agree to inform Mediacom promptly of any change in credit or debit card information including cancellation of any card use for payment or inadequate balance to make a committed payment.  Any communication from You on or accompanying a check or any other form of payment will not be effective as notice to Mediacom, and such statements as “payment in full” or similar language will not bind Mediacom.

Timing for Payments/Late Payments: 

A late charge may be assessed and the Services may be suspended or terminated if any payment is not received on time. You will be liable for costs associated with collection of amounts owed (which might include the costs of a collection agency, reasonable attorneys’ fees or arbitration costs, as well as interest).  Failure to receive a bill does not release you from your obligation to pay. 

Returned Payment Fees: 

You may be charged the maximum amount permitted by applicable law if a banking institution:  (i) dishonors a check or draft presented for payment; (ii) returns an electronic funds transfer for insufficient funds; (iii) reverses any credit or debit card charge; or (iv) prevents payment in any other manner.

Bill Disputes: 

You must notify Mediacom of any billing dispute within thirty days of the date of the disputed bill.  Your failure to do so will mean you waive (give up) your right to a refund or credit. If Mediacom determines that a credit is due, it will appear on the next monthly bill. Mediacom will not terminate Service until an investigation of the dispute is completed and you are informed of the findings. Unresolved disputes will be handled in accordance with the binding arbitration terms set forth in Section 17 of this Agreement.

Termination for Payment Default: 

Subject to law,Mediacom may terminate Services if you fail to pay any charges when due.  Upon termination by you or by Mediacom, you must pay all charges incurred through the date of termination or any later date specified in your Agreement.  If we permit reconnection, you may be required to pay a reconnect fee in addition to all past due charges and satisfy any other requirements we may establish.

12. Refunds:

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

No refund or credit will be required because of any interruption or change referred to in Section 4 or 7 above, or for any other reason, except as expressly required by legal requirements that cannot be changed by agreement of the parties or except as expressly provided in this Section or some other provision of your Agreement.

Unless otherwise required by law or any applicable tariff, if there is a complete failure of a Service for twenty-four consecutive hours or more, excluding any interruption that is scheduled or due to a power outage, inclement weather or any other “Force Majeure” event contemplated by Section 22 below, you are entitled, upon request, as your sole and exclusive remedy, to a prorated credit of monthly recurring charges for effected services for the period that such failure continues beyond twenty-four hours.  If there is an outage during a live or special pay-per-view event ordered by you, you are entitled, upon request, as your sole and exclusive remedy, to a prorated adjustment of the event fee based upon the number of minutes of the outage.  Unless otherwise specifically provided by law, you must request credit for Service interruptions within thirty days.    For the sake of clarity, no change, event or circumstance within the intended scope of Section 7 above shall be an “interruption” or “failure of a Service” for purposes of the foregoing or any other purpose.

13. You Are Obligated to Protect Us Against Claims and Costs We Incur because of Your Acts and Omissions and other Causes Related to Your Services.

You agree to indemnify Mediacom and its affiliated companies, together with their respective officers, directors, employees, agents, contractors and third-party vendors (the “Mediacom Parties”), for any and all actions, claims, judgments, damages, demands, liabilities, losses and expenses, including reasonable attorney’s fees, arising out of or resulting from:

• any injury or damage to person or property or loss of life or property resulting from our installation of wires or equipment at your Premises in connection with provision of any of your Services or our acts or omissions in connection with providing you with any Service, unless caused by our gross negligence or willful misconduct;
• unauthorized use of any Mediacom service through any equipment or connection at your Premises or otherwise through your account; or
• your or any Service user’s:
•  breach or violation of your Agreement relating to any Service;
•  uploading or downloading of content, communication or   transmission;
•  violation of law; or
•  other act or omission.

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

THE SERVICES, MEDIACOM EQUIPMENT, PURCHASED EQUIPMENT, AND SOFTWARE ARE PROVIDED “AS IS” AND “IF AND AS AVAILABLE.” NO ORAL OR WRITTEN STATEMENT, SERVICE DESCRIPTION, ADVICE, RECOMMENDATION OR INFORMATION GIVEN OUTSIDE OF YOUR AGREEMENT, WHETHER BEFORE OR AFTER THE AGREEMENT BECOMES EFFECTIVE, WILL CREATE A WARRANTY OR OTHER OBLIGATION ON THE PART OF MEDIACOM OR ANY OF ITS AFFILIATES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDIACOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF PERFORMANCE, AVAILABILITY, QUALITY OF SERVICE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR AS TO THE PROPER OR TIMELY DELIVERY OR SECURITY OF YOUR COMMUNICATIONS OVER OUR FACILITIES. IF THE LAW WHERE YOUR PREMISES ARE LOCATED DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEN THE AFFECTED EXCLUSIONS DO NOT APPLY TO YOU.

Without limiting the scope or extent of the foregoing paragraph, Mediacom does not guarantee or warrant:

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

15. We are Not Liable if Our Advice or Recommendations Do Not Produce Promised or Anticipated Results.

Subject to provisions of law that cannot be varied by agreement of the parties, if Mediacom recommends or requires that you purchase or use, or provides to you, any software, equipment or other item, whether proprietary to Mediacom or a third party, or gives you any advice, Mediacom does not thereby make any representation or warranty of any kind, express or implied.  Mediacom also does not assume any obligation or liability because of your use or failure to use such item, your following or not following such advice or recommendation or your compliance or non-compliance with such requirement.  Without limiting the scope or extent of the foregoing, Mediacom will not be responsible or liable:

• if any such advice or recommendation does not produce the benefits claimed or expected;
• if any such item has defects or causes problems; or
• for any adverse consequence of following such advice or recommendation or using such item.  

In the event of any conflict between the foregoing terms and any communication or statement regarding the features, functionality, benefits or merits of any item, the foregoing terms shall govern and prevail.

16. Limitations and Exclusions of Liability by Mediacom and Other Persons.

THE FOLLOWING LIABILITY LIMITATIONS, DISCLAIMERS and exclusions ARE IN ADDITION TO, and do not negate, modify or otherwise limit or impair, ANY OTHER warranty or liability disclaimer, exclusion or limitation ELSEWHERE IN YOUR AGREEMENT. Each limitation OR DISCLAIMER, WHETHER IN THIS SECTION OR ELSEWHERE, is an essential element of YOUR Agreement and, but for each provision, Mediacom would not provide the Services at all or at the prices charged.

LIMITATION OF LIABILITY OF MEDIACOM PARTIES FOR DIRECT DAMAGES: 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT, EXCEPT FOR CREDITS EXPRESSLY REQUIRED BY A SPECIFIC PROVISION OF YOUR AGREEMENT OR BY PROVISIONS OF LAW THAT CANNOT BE CHANGED BY AGREEMENT OF THE PARTIES, THE MEDIACOM PARTIES WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSSES, DAMAGES OF ANY KIND BASED ON BREACHES OF THIS AGREEMENT OR YOUR RELATIONSHIP WITH US OR ARISING FROM THE MEDIACOM EQUIPMENT, PURCHASED EQUIPMENT, AND/OR CUSTOMER EQUIPMENT REGARDLESS OF THE BASIS OF ANY CLAIM. IN NO EVENT WILL THE MEDIACOM PARTIES BE REQUIRED TO CREDIT YOU AN AMOUNT IN EXCESS OF YOUR SERVICE FEES FOR THE MONTH DURING WHICH YOU SUFFER ANY LOSSES OR DAMAGES.

IF, DESPITE THE INTENT OF THE PARTIES THAT THE FOREGOING PROVISIONS BE ENFORCED AS WRITTEN, IF SUCH PROVISIONS ARE FINALLY DETERMINED BY A COURT OR ARBITRATOR WITH JURISDICTION TO BE UNENFORCEABLE AS WRITTEN, THEN THE PARTIES INTEND FOR THE CUMULATIVE LIABILITY OF THE MEDIACOM PARTIES TO BE THE SMALLEST AMOUNT PERMITTED BY APPLICABLE LAW.

THE FOREGOING SHALL SURVIVE THE UNENFORCEABILITY OR OTHER FAILURE OF ANY OTHER PROVISION OF THIS AGREEMENT THAT PURPORTS TO EXCLUDE OR LIMIT REMEDIES OR LIABILITY. 

LIMITATION OF LIABILITY OF MEDIACOM PARTIES FOR INDIRECT OR CONSEQUENTIAL DAMAGES:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT THE MEDIACOM PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, SPECIAL OR PUNITIVE DAMAGES (OR SIMILAR DAMAGES, HOWEVER DENOMINATED) DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER, PERFORMANCE, NONPERFORMANCE OR BREACH, ANY EQUIPMENT (INCLUDING PURCHASED EQUIPMENT) OR SOFTWARE ASSOCIATED WITH A SERVICE OR ANY SERVICE, EVEN IF AWARE THAT THEY COULD RESULT.  THE FOREGOING SHALL SURVIVE THE UNENFORCEABILITY OR OTHER FAILURE OF ANY OTHER PROVISION OF THIS AGREEMENT THAT PURPORTS TO EXCLUDE OR LIMIT REMEDIES OR LIABILITY.

SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. THE PARTIES INTEND THAT THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitations Apply Regardless of the Nature of the Claim Against Us, the Proceeding Based on that Claim or the Legal Theory Relied Upon:

Each of the limitations, disclaimers and exclusions of liability contained in this Agreement will independently apply regardless of (i) the form of action (including any action in contract or based on warranty, negligence, tort, strict liability or statute); (ii) any claim or finding that any breach of or default under this Agreement was total or fundamental; (iii) the type of damages; (iv) any claim or finding with respect to the adequacy, failure, purpose or sufficiency of any remedy provided for under this Agreement; and (v) whether Mediacom was informed or aware of, or otherwise could have anticipated the possibility of, such damages or liability.

You Agree to Limit the Time You Have to Bring a Legal Action: 

You waive (in other words, give up) the right to commence any proceeding against any of the Mediacom Parties if the relevant events occurred more than one year earlier. This waiver is not enforceable, and the normal statute of limitations in your area will apply, if you notified Mediacom in writing of the events giving rise to the proceeding within one year of their occurrence.

Services Rely on Third Parties:

In providing Service(s), Mediacom may use products, services, equipment, networks, content and other items supplied by third parties whom Mediacom does not control.  While it selects third parties thought to be reliable, Mediacom is not responsible for the acts or omissions of third parties, any Service defects or interruptions resulting from the performance or non-performance of the services, equipment or software they supply or the consequences of any of those defects or interruptions.

17. Arbitration:

THIS BINDING ARBITRATION PROVISION SAYS THAT YOU AND MEDIACOM AGREE TO RESOLVE CERTAIN DISPUTES THROUGH ARBITRATION. PLEASE READ THIS SECTION CAREFULLY TO UNDERSTAND OUR BINDING ARBITRATION AGREEMENT AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

A. Federal Arbitration Act.

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

B. Initial Dispute Resolution.

You and Mediacom agree to use best efforts to informally resolve any dispute, claim, question or disagreement (“Dispute”) that may arise between the parties. The term Dispute is to be given the broadest possible meaning that will be enforced. You may inform Mediacom of a Dispute by either calling 1-855-633-4226 or emailing mcc.legal@mediacomcc.com.  Mediacom will strive to resolve all Disputes informally by responding quickly and conscientiously to customers’ concerns.

C. Binding Arbitration.

If we cannot resolve a Dispute informally with you, then, except as described elsewhere below, each of us agrees to submit the Dispute to the American Arbitration Association (“AAA”) for resolution under its Consumer Arbitration Rules, which can be accessed at https://www.adr.org/Rules. 

Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award, including injunctive relief.

YOU MUST CONTACT US WITHIN ONE YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE (EXCEPT FOR BILLING DISPUTES, ABOUT WHICH YOU MUST CONTACT MEDIACOM WITHIN SIXTY DAYS AS PROVIDED IN THIS AGREEMENT), OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.

To initiate an arbitration pursuant to this Arbitration provision, the party initiating the arbitration proceeding may open a case with the American Arbitration Association - Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, 877-493-4185, www.adr.org under the Consumer Arbitration Rules of the American Arbitration Association "AAA".

Before you initiate an arbitration proceeding, you may request that we advance on your behalf (1) the arbitration filing fees and (2) the portion of the arbitrator's costs for which you would normally be responsible. If we win the arbitration, you will reimburse us for these advances. We will, of course, pay any fees or costs required under the law where you live.

D. Right to Sue in Small Claims Courts. 

Notwithstanding anything in this Arbitration provision to the contrary, either you or we may elect to have an action heard in “small claims” court in the areas where you received the Service(s), if its rules permit it.  If you bring an action in small claims court, you waive (unless local law prohibits such a waiver) discovery in that proceeding.  In other words, unless local law prohibits you from doing so, you agree that you will not be able to depose Mediacom witnesses or seek non-public documents.  Mediacom may choose to pursue, in small claims court, claims related solely to your payment obligations for services, equipment or facilities. 

E. Waiver of Jury Trial. Class Action Waiver.

YOU AND MEDIACOM ARE AGREEING TO THE FOLLOWING PROCEDURAL LIMITATION IN ANY FUTURE DISPUTES. YOU AND MEDIACOM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.  YOU AND MEDIACOM FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, unless both you and Mediacom agree otherwise, the arbitrator may not consolidate any other person’s or persons’ claims with your claims and may not otherwise preside over any form of a representative or class proceeding. Nothing in this section 17 shall be sonstrued to limit yours and Mediacom's ability to pursue any substantive claim or remedy - whether statutory or otherwise - that is otherwise guaranteed by State or Federal law.

F. Exceptions to Arbitration.

NOTWITHSTANDING THE PARTIES’ AGREEMENT TO RESOLVE ALL DISPUTES THROUGH ARBITRATION, YOU AND MEDIACOM AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS; (2) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE; (3) ANY DISPUTE THAT ARISES BETWEEN MEDIACOM AND ANY STATE OR LOCAL REGULATORY AUTHORITY OR AGENCY THAT IS EMPOWERED BY FEDERAL, STATE, OR LOCAL LAW TO GRANT A FRANCHISE UNDER 47 U.S.C. § 522(9); AND (4) ANY DISPUTE THAT CAN ONLY BE BROUGHT BEFORE THE LOCAL FRANCHISE AUTHORITY UNDER THE TERMS OF THE FRANCHISE.

G. Severability.

Should any term or provision in this Section 17 beinvalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section 17 or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision in this Section 17 is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Section 17 to affect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

18. Privacy.

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

• Mediacom may from time to time collect, monitor, use and disclose your personal information and transmissions over Mediacom’s facilities; and
• Mediacom may (but has no duty to) disclose any information that it believes appropriate to protect its rights, comply with law or safeguard its personnel, property and operations, or where it believes that individual or public safety is in peril.

You are responsible for protecting the information needed to securely access your account and verify orders (for example, your account number, social security number or passwords that we may issue to you). If someone else acquires this information, we may assume that you have authorized that person’s use of the information and we may provide your personal information to that person as if he or she were you.

In some cases, mere usage of a Service may allow third parties to obtain information about you and access to your transmissions. Mediacom is not liable for or because of any:

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

19. Termination of Service or Your Agreement.

Termination by You:

You may terminate any Service at any time by giving Mediacom at least seven days’ prior notice, but if you have subscribed to a Service for a fixed period of time, to a bundle of Services at discounted pricing dependent upon your continued subscription to all of the bundled services or on some other special terms, your right to terminate will be governed by the terms of that subscription. Your Agreement will remain in effect for any Service not terminated. You may notify Mediacom by writing or calling to schedule a disconnection of Service and to arrange for the return of Mediacom Equipment (exclusive of Purchased Equipment).  If you agreed to purchase a bundle of Services for reduced prices, and you cancel less than all of them, the price(s) for the continuing Service(s) may increase.  In some cases, you may have to pay a termination charge.

Termination by Mediacom:  

Mediacom may terminate any one or more of your Services and each related Agreement at any time with or without cause. Mediacom is not responsible for restoring or reconfiguring or reconnecting your computers, networks or systems after termination. Mediacom will provide notice of a pending disconnection if and as required by law. 

Your Obligations upon Termination: 

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

• immediately cease using that Service and associated Mediacom Equipment (exclusive of Purchased Equipment) and software;
• pay, in full, the fees and charges for your use of the Service and the Mediacom Equipment through the later of: (1) the effective date of termination of the Service or (2) the date when the associated Mediacom Equipment or software has been returned to Mediacom;
• pay any applicable termination fees or charges; and
• promptly return all Mediacom Equipment (exclusive of Purchased Equipment) in the same operating condition as when received (reasonable wear and tear excepted) directly to our local office, to a Mediacom representative, or by any other means reasonably requested by Mediacom. If you terminate an equipment based Service (for example, DVR service), Mediacom may continue to charge you for the Service until the Mediacom Equipment associated with that Service is returned.

If Mediacom Equipment (excluding Purchased Equipment), including power cords and any associated accessories, is not  timely returned, or is damaged or is not in good condition (reasonable wear and tear excepted), you agree to promptly pay us the full manufacturer’s retail price or the amount stated in Mediacom’s rate card and the incidental costs related to recovery or replacement. We may charge your credit card or bank account for unreturned Mediacom Equipment. 

We May Dispose of Your Stored E-Mails and Other Items Upon Termination:  

After a Service ends, e-mail, calls, voicemail or any other communication or content sent to or associated with your terminated account will not be bounced or forwarded to another account, or stored by Mediacom.  We reserve the right, but will not be obligated, to delete any of your content or materials. Your right to use usernames, IP and e-mail addresses and URLs associated with your Service will end. 

20. Mediacom Not Liable for Third Party Transactions.

A SERVICE MAY ALLOW YOU TO INTERACT WITH THIRD PARTIES, INCLUDING BUYING GOODS AND SERVICES. YOU RELEASE THE MEDIACOM PARTIES FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH MEDIACOM’S REFERRAL OR DELIVERY YOU TO A THIRD PARTY OR ANY SUCH INTERACTION WITH A THIRD PARTY.

21. Residents of Apartment Buildings and Similar Properties.

In some cases, Mediacom provides a Service to the owners or managers of apartment buildings, cooperative apartment buildings, condominium complexes, hotels, motels or other buildings, properties or complexes with multiple residential, dwelling or other units on a bulk-billed basis, and the owners or managers, in turn, provide the Service to units within the property. The provisions of this Agreement apply fully to each unit resident and each user through a unit resident, regardless of whether he or she has directly subscribed for or has a direct account with Mediacom.

22. Miscellaneous:

Your and Our Rights to Transfer Your Agreement or Account to Another Person or Company

Mediacom may assign (transfer) to one or more other persons all or part of your Agreement without your consent or notice to you. You may not assign or transfer your account or Agreement or any of your rights, obligations or liabilities without Mediacom’s prior written consent.

Mediacom Will Not Be Liable for Events Beyond Its Control: 

Mediacom will not be liable by reason of any failure in the performance of its obligations to the extent caused, directly or indirectly, by events beyond its reasonable control, including any and all acts of God, fire, floods, other catastrophes, insurrections, national emergencies, terrorism, wars, DELIVERY labor disputes, unavailability of rights-of-way, loss of utility service or power supply disconnection or unavailability of any other provider’s facilities, capacity or services, acts of third parties unrelated to Mediacom or related to Mediacom but acting beyond their scope of employment or agency, computer virus, hacking or other outside disruption, and any changes in law, regulations or other directives, actions or requests of any governmental authority claiming jurisdiction over Mediacom.

Governing Law; Waiver of Jury Trial; No Class Actions: 

Your Agreement, and any claim, controversy or dispute arising under or related to a Service (whether based on contract, tort or other legal theory or cause of action), will be governed by the internal laws of the state where Services are provided. The Federal Arbitration Act, not state law, will govern the arbitrability of all disputes between Mediacom and you regarding your Agreement or a Service, as described above in Section 17 regarding Arbitration.  Each party waives (that is, gives up), to the fullest extent permitted by applicable law, any right to a trial by jury in respect of any action, suit or proceeding arising out of or relating to this Agreement.  To the maximum extent permitted by law, the parties agree that there will be no right to have any claim litigated or arbitrated on a class action basis or as a claim brought in a purported representative capacity on behalf of persons similarly situated or the general public.

Third Parties Are Not Entitled to the Benefits of Your Agreement, But Some Third Parties Are Entitled to the Benefits of Provisions Protecting Mediacom:    

Except in any case where a provision of this Agreement states that it covers or otherwise is intended to benefit one or more third parties, there are no DELIVERY 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 AND BOLT WIRELESS INTERNET SERVICE:

23. You Are Responsible for Third Party Charges You Incur.

The Service allows access, through the Internet, to third parties who offer goods, services, content and information. All charges incurred as a result are your responsibility.  You also are responsible for protecting the security of identity, credit card or other information provided in connection with such transactions. Mediacom is not responsible for the websites, products, services, content, acts or omissions of third parties.

24. Mediacom Is Not Liable for Loss of Data, However Caused

Mediacom shall have no liability whatsoever for any damage to or loss or destruction of any of your software, files or data resulting from any cause.

25. You Are Responsible for Protecting Your System from Viruses.

Websites visited or data received through the Service may contain viruses. It is your sole responsibility to take appropriate precautions to protect against damage to or destruction of hardware, software, files and data.  Mediacom may, but is not obligated to, run third party virus check software on your computer prior to installing software related to the Service.  Mediacom does not represent or warrant that doing so will detect or correct any or all viruses.  Mediacom may, but is not required to, suspend or terminate availability of the Service if a virus is found to be present on any user’s system or in any communications sent or received through the Service.

26. Unauthorized Access to Your Computer and Files May occur.

Inherent in Internet access is the risk that unauthorized persons will use your Service or gain access to your computer and to the software, files, personal information and other data stored or transmitted by you, install a “bot” on or otherwise “hijack” your computer or harm or misappropriate your computer, systems and files in some other way.  Usage of the Service is at your sole risk, and you are responsible for the security of your computer, equipment, information and data traffic. Mediacom shall have no liability whatsoever if third parties intercept data transmissions by or to you or otherwise gain access to or misuse your computer, other equipment, files or account. 

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

27. Mediacom May Act to Protect the Security of Mediacom’s Network.

Mediacom reserves the right to take actions to protect the security and integrity of its network and resources that are consistent with applicable law.

28. You and Your Family May be Exposed to Inappropriate Content.

There may be content available through the Internet which is illegal, violates third party property or other rights or is offensive.  Mediacom is not responsible for the content contained on the Internet or otherwise available through the Service.  Mediacom shall not be liable for any claims, losses, actions, damages, suits or proceedings arising out of, or otherwise relating to, such content. If you send or post materials using the Service, you are responsible for the material and confirm that you have all necessary rights to do so. You grant us, with no obligation to pay you, all rights we need to complete your transmission or posting and otherwise deal with the material in operating and administering our network and business.  If we determine that the transmission or posting violates your Agreement, we may (but have no duty to) delete the materials, block access to them, cancel your account and pursue all other legally available rights and remedies.

29. Your Use of the Service May be Subject to Bandwidth, Data Storage and Other Limitations.

Mediacom may manage its network consistent with applicable law.  Without limiting the generality of the foregoing or our rights under other provisions of your Agreement, we may at any time and from time to time, put in place and change:

• maximum throughput rates (sometimes referred to as upload or download “speed”), bandwidth usage limits or other defining characteristics of the Service, which may be different for each Service level, and

• additional terms to address usage that is not consistent with the limits or other characteristics of each Service level. For example, if we set or change a bandwidth-usage limitation that applies to your Service level and you exceed the limit, we may suspend your Service, charge you for your excess usage or take other specified measures. If you consistently exceed limits that apply to your Service level, you may need to subscribe to a higher-cost level to avoid these consequences. 

We may monitor your bandwidth usage patterns and your compliance with your Agreement and our usage terms and policies.  For further information please visit https://mediacomcable.com/openinternet .

30. We Do Not Guarantee Speed or Other Service Characteristics.

The Service and the Internet utilize shared network facilities and not all facilities are owned or operated by Mediacom.  The Service will attain the applicable maximum throughput rate (speed) only in bursts and not on a guaranteed or consistent basis. Mediacom does not guarantee or warrant speed, latency, bandwidth, access to particular content or Internet sites or compatibility of the Service with your or any user’s devices, operating systems or software.   The foregoing does not limit the generality of any other disclaimer, exclusion or limitation of warranties or liability in your Agreement.

ADDITIONAL TERMS FOR MEDIACOM PHONE SERVICE:

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

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

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

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

33. Calling Plans.

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

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

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

35. Switching From Mediacom to Another Provider.

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

ADDITIONAL TERMS OF SERVICE FOR MEDIACOM MOBILE SERVICE

36.   Mediacom Mobile Service.

Mediacom mobile Service includes voice calling, messaging and data, and any optional services you purchase from Mediacom, such as roaming for which additional fees or higher rates may apply (“Mobile Service”). Additional terms and conditions for your Mobile Service can be found in offer materials available when you activate or on the Mediacom website and are incorporated into your Agreement. The service plan, subscription term, rates, terms and conditions for your use of voice, data and messaging services are set out in your service order or other written confirmation when you activate Mobile Service (“Mobile Plan”). Mediacom Mobile Service may be used throughout the Mediacom mobile coverage area.

37.   Obtaining Mediacom Mobile Service.

To purchase and obtain Mobile Service from Mediacom, you must (i) be or become a current subscriber of Mediacom Service at the time you purchase Mobile Service from Mediacom; (ii) reside within one of the service territories for Mediacom Service; and (iii) not have any past due amounts owed for any Mediacom Services (“Initial Eligibility Requirements”).  At the time you activate Mobile Service, you will be charged an activation fee for each line of Mobile Service that you activate.  In the event that you terminate Mediacom Service or no longer reside in a service territory for Mediacom Service, you may retain mobile Service from Mediacom (so long as you still reside within the Continental United States) but your rates may change and you will incur a surcharge.  You may also be ineligible to add an additional line of Service to your account.  In the event that you cancel all Mediacom Services, you must meet the Initial Eligibility Requirements again before reactivating Mobile Services from Mediacom. You acknowledge and agree that if you relocate your primary residence outside of Mediacom’s service territories, you will notify Mediacom of your relocation as well as your new address.  If you fail to provide Mediacom with your new address, your Mobile Service may be cancelled.

38.   Term and Cancellation.

These additional terms for Mediacom Mobile Service will remain in effect from the time you activate Mobile Service and will extend until such time as: (i) you notify Mediacom that you are cancelling your Mobile Service in accordance with your Agreement; or (ii) Mediacom notifies you, upon providing thirty (30) days’ prior notice, that it is terminating your Mobile Service.  Mediacom can, without notice, limit, suspend or end your Mobile Service for good cause, including, but not limited to: (1) breaches by you of your Agreement; (2) resale by you of Mobile Service; (3) use of your Mobile Service for any illegal purpose, including use that violates trade and economic sanctions and prohibitions promulgated by any US governmental agency; (4) your installation, deployment or use of any regeneration equipment or similar mechanism to originate, amplify, enhance, retransmit or regenerate an RF signal without our permission; (5) stealing from us; (6) failure to pay your bill on time; (7) incurring charges larger than a required deposit or billing limit (even if we have not billed the charges yet); (8) providing credit information that is not reasonably verifiable; (9) inability to pay us or going bankrupt; (10) threatening, harassing, or using inappropriate language toward our representatives; (11) interfering with our operations; or (12) pursuant to a court order.  Mediacom may also temporarily limit your Service for any operational, technical or governmental reason, or if your use of the Mobile Service or any Device interferes with our ability to provide the Mobile Services to you or any other person. You may cancel your Mobile Service at any time; however, you will pay to Mediacom any fees due and owing prior to the date of cancellation. If you cancel your Mobile Service prior to the end of your current billing cycle, minimum or one-time charges under your Mobile Plan may not be prorated or refunded to reflect the fact that you cancelled your Mobile Service prior to the end of your current billing cycle.  Some charges related to your Mobile Service are billed in arrears and, as a result, you may receive a final bill from Mediacom for your Mobile Service following cancellation.  Upon cancellation of Mobile Service, you may be eligible to reactivate your Mobile Service at a later date provided that you have paid for all outstanding charges owed to Mediacom for all Services.  You may be charged an activation fee for reactivating your Mobile Service, and you will have to meet all Initial Eligibility Requirements at the time you seek to reactivate Mobile Service.  In addition, at the time you reactivate Mobile Service, Mediacom may conduct a new credit check and/or require a deposit prior to reactivating your Mobile Service.

39.   Unlimited Data Plans.

If your Mobile Plan includes unlimited data, you agree that "unlimited" means you pay a monthly fee for wireless data Service no matter how much data you use and that subscribing to unlimited data does not mean that you can use Mobile Service in any manner you choose or in violation of any of Mediacom’s applicable policies (including Mediacom’s AUP) or any of the terms and conditions of your Agreement.  You also agree that even under an unlimited data Mobile Plan, Mediacom may limit, restrict, suspend, or terminate your data Service or switch you to an alternate Mobile Plan if your data usage is excessive, exceeds any thresholds or data allowances established by Mediacom, or violates any applicable Mediacom policies (including Mediacom’s AUP) or any terms and conditions of your Agreement.

40.   Data Usage; Data Allowances and Reduced Speeds.

You may conduct data sessions for the following non-commercial, individual consumer purposes: internet browsing, email, internet access, and usage of applications approved by the manufacturer of your Device that are installed on your Device.  Mediacom reserves the right to prohibit or limit certain uses that may adversely impact the network over which Mobile Service is provided.  In addition, Mediacom or one of Mediacom’s vendors may engage in certain network management practices that may affect your use of the Mobile Service.  Depending on your Mobile Plan, your data Service may be limited to particular throughput rates if your total data usage during a billing cycle exceeds certain thresholds.  The details on reduced throughput rates and data usage thresholds for such reduced throughput rates are set out in our Mobile Broadband Disclosure statement.

 41.   Mobile Devices.

Any phone, handset, device, SIM card, data card or other equipment you use to access or utilize the Mediacom Mobile Services (each, a “Device”) must comply with FCC regulations, be certified for use on the cellular network on which we provide your Mobile Service and be compatible with your Mobile Service.  Subject to the terms and conditions herein, you may use a Device you already own or purchase a Device from Mediacom or a preferred third-party seller designated by Mediacom (“Preferred Seller”).  

Mediacom Devices

If you buy a Device from Mediacom, you agree that you are purchasing that Device to be activated with our Mobile Service and not to resell or alter the Device or to assist anyone else in doing so.  Mediacom does not manufacture the Device, and we are not responsible for any defects or for any acts or omissions on the part of the manufacturer.  We may remotely change your Device’s software, systems, applications, features, or programming remotely and without notice. These changes will modify your Device and may affect or erase data you have stored on your Device, the way you have programmed your Device, or the way you use your Device. You will not be able to use your Device during the installation of the changes, even for emergencies. You are free to download and use content or applications (“Third-Party Material”) on your Device that are not provided by Mediacom, at your own risk. Third-Party Material may require your agreement to a license or other terms with the providing third party. Some Third-Party Material may access the network without your knowledge, which may result in additional charges. You are responsible for maintaining anti-virus and other Internet security protections when accessing third-party products or services. In the event you give your Device to Mediacom for purposes of replacing your Device under a manufacturer’s warranty or device protection plan or extended warranty, if applicable, you agree that Mediacom may erase or factory reset the Device and all content, applications, and information contained on the Device may no longer be available to you.  Prior to giving your Device to Mediacom for replacement, you should factory reset and erase all data on the device and remove any personal identification numbers or passwords needed to access the Device (as well as other security features such as Find my iPhone) before delivering it to Mediacom.  In the event that you do not factory reset or erase all the data on your Device prior to delivering it to Mediacom for replacement, you assume all of the risk and agree to indemnify and hold Mediacom harmless from any unauthorized access to or use of the content, applications, or information contained on the Device being replaced. For Devices purchased from Mediacom, other wireless carriers may not accept your Device on their cellular networks or your Device may be locked and limited to use only with Mediacom Mobile Service.  If so, your Device will not be usable with services provided by other companies unless you have cancelled your Mobile Service with Mediacom and paid all charges due Mediacom in full. 

Other Devices

You may also purchase a Device from a Preferred Seller or use a Device you already own in connection with the Mobile Service, provided that such Device: (i) is not currently active with another provider of cellular services; (ii) is unlocked from restricted use by another provider of cellular service; (iii) complies with Federal Communications Commission regulations; (iv) is certified for use on the Mediacom network providing your Mobile Service; (v) is compatible with your Mobile Service; and (vi) does not appear on any list of Devices that are reported as lost or stolen or engaged in fraud or other improper or unlawful activity.   You acknowledge that when you activate Mobile Service on an approved and qualifying Device that you did not obtain from Mediacom such Device (A) may be subject to an activation fee; and  (B) may operate or behave differently in connection with the Mobile Service than other models of the same Device sold by the same manufacturer that are obtained directly from Mediacom due to differences in software, settings, or for other reasons.  In the event you use a Device in connection with the Mobile Service that was not provided to you by Mediacom, you acknowledge and agree that Mediacom provides no representations or warranties whatsoever with regard to such Device or its operation in conjunction with the Mobile Service. To the extent you require any assistance with your Device manufacturer’s warranty for such device or any other technical support, Mediacom will not provide such assistance or support.  You also agree to indemnify and hold Mediacom harmless from any and all claims or losses that may result from your use of a Device you did not obtain from Mediacom in conjunction with your Mobile Service.

Lost or Stolen Devices

If your Device is lost or stolen, you agree to notify us as soon as possible. Once you notify us that your Device has been lost or stolen, we will suspend your Mobile Service and you will not be responsible for additional usage charges incurred by that Device under your Mobile Plan. We may add the Device to the national Lost and Stolen list to prevent a lost or stolen Device from registering on the network providing Mobile Service or other networks. For any period where you failed to notify us that your Device was lost or stolen, the fact that your Device or account was used is evidence that your usage and activities were authorized.  If your service has been suspended for 30 days and you have not contacted us to have a replacement Device activated on the network, we will resume your Mobile Service and you will be responsible for subsequent usage charges incurred.  If you are a California customer and Mediacom has not provided you with a courtesy suspension of recurring monthly charges during the past year, Mediacom will give you one for 30 days or until you replace or recover your Device, whichever comes first.

42.   No Device Warranties.

Mediacom provides no warranties express or implied for Devices whether purchased from Mediacom, a third-party or brought over by you, and you agree that Mediacom will not be responsible or liable for any defects or performance failures related to your Device.  In the event of any defect or performance failure from your Device, you agree that you will look solely to the applicable manufacturer for any remedies or liability arising from such defect or performance failure.  Your Device may be covered under applicable manufacturers’ warranties. Mediacom does not warrant that your Device will work perfectly or will not need occasional upgrades or modifications, or that it will not be negatively affected by network–related modifications, upgrades, or similar activity. 

43.   Device Protection.

You may choose to purchase a protection plan for your Device (a "Device Protection Plan") with your Mobile Service. Your Device Protection Plan may provide replacement, repair and/or technical assistance services for your Device. In general, a Device Protection Plan covers issues that aren’t covered by the manufacturer’s warranty (e.g., loss, theft or physical damage). It also may cover certain defects after the manufacturer’s warranty expires. You also may choose to purchase a device protection plan or insurance from a third party.

44.   Calculation of Charges and Applicable Fees

You agree to pay all charges incurred by your account for your Mobile Services, including without limitation: any taxes and fees on all lines of service; data usage; roaming, and any other features or services used on your account, you enable or subscribe to, including any third party services; and all other applicable federal, state, and local taxes and fees (however designated), regulatory recovery fees for municipal, state and federal government fees or assessments imposed on us, surcharges, permitted fees and cost recovery charges, for any programs in which we participate, including, but not limited to, universal service, telecom relay services for the visually/hearing impaired, rights-of-way access, and E911 system and any fees or payment obligations imposed by governmental or quasi-governmental bodies for the Services. YOU ARE RESPONSIBLE FOR PAYING ANY GOVERNMENT IMPOSED FEES, TAXES, AND SURCHARGES EVEN IF THEY BECOME APPLICABLE RETROACTIVELY. Please note that we may not always be able to notify you in advance of these charges. Additionally, you must pay for any Device(s) obtained from us.

Your Mobile Services will be billed separately from charges for the other Services you receive from Mediacom. Generally, you will be billed monthly, in advance, for your recurring charges and in arrears for other charges. Charges for roaming may not appear on your billing statement during the bill cycle when the calls and/or data usage were incurred due to delays in receiving and rating such records. You agree to pay the charges on the billing statement.

You will be charged and must pay for all data sent, received, consumed by and/or used on your account. Data charges for each individual event of data usage and total data usage during each billing cycle will be rounded up to the next 0.01 GB.  For call charges based on the amount of time used, we’ll round up any fraction to the next full minute. For outgoing calls, usage time starts when you first press Send or the call connects to a cellular network, and for incoming calls, it starts when the call connects to a cellular network (which may be before it rings). Usage time may end several seconds after you press End or after the call disconnects. Usage cannot always be processed right away and may be included in a later bill.

YOU ARE RESPONSIBLE FOR CHARGES TO YOUR ACCOUNT AND MUST MAKE REASONABLE EFFORTS TO MAINTAIN THE SECURITY OF YOUR ACCOUNT. USE CARE WHEN ALLOWING ANOTHER PERSON, INCLUDING A CHILD, TO USE YOUR DEVICE OR A DEVICE ON YOUR ACCOUNT OR IN SHARING ACCESS TO YOUR ACCOUNT OR ACCOUNT SECURITY INFORMATION. You are obligated to pay all charges incurred by you or any other user of any Device associated with your account. Additionally, you may incur charges from third-party providers, including, but not limited to, accessing on-line services, calling parties who charge for their telephone-based services, purchasing or subscribing to other offerings via the Internet or interactive options that are separate and apart from the amounts charged by us. You are solely responsible for all such charges payable to third parties, including all applicable taxes. In addition, you are solely responsible for protecting the security of credit card and other personal information provided to others in connection with such transactions.

We are committed to charging you accurately for your Mobile Services. You may always contact us to discuss your bill and any charges, and subject to applicable law, you may dispute a charge or request a billing credit within 120 days of the date of the billing statement, but unless otherwise provided by law, you must pay all charges until the dispute is resolved. YOU WAIVE ANY DISPUTES OR RIGHT TO RECEIVE ANY CREDITS, INCLUDING ANY RIGHT YOU MAY HAVE TO BRING A SMALL CLAIMS ACTION OR ARBITRATION PROCEEDING, IF YOU DO NOT REPORT YOUR CLAIM OR DISPUTE WITHIN 1 YEAR OF THE DATE OF THE DISPUTED CHARGE.

45.   Billing for Mobile Services.

You must enroll and remain enrolled in Mediacom’s automatic payment program using a valid credit/debit card in order to activate and maintain your Mobile Service pursuant to the Terms and conditions of Mediacom’s Electronic Bill Payment Service available at https://mediacomcable.com/legal/electronic-payments/ (the “EBP Service”).

YOU HAVE THE RIGHT TO TERMINATE YOUR AUTHORIZATION PURSUANT TO THE EBP SERVICE. SUCH TERMINATION WILL RESULT IN US DISCONTINUING YOUR MOBILE SERVICE AND YOU WILL BE RESPONSIBLE FOR THE IMMEDIATE PAYMENT FOR THE DATA USAGE ON THE ACCOUNT THROUGH THE TERMINATION DATE AND THE MINIMUM FEES THAT WOULD OTHERWISE HAVE BEEN DUE UNDER YOUR AGREEMENT THROUGH THE REMAINDER OF THE SUBSCRIPTION TERM.

WE WILL NOT BEAR LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED OR YOUR CREDIT CARD IS CHARGED. YOU AUTHORIZE US TO MAKE INQUIRIES AND TO RECEIVE INFORMATION ABOUT YOUR CREDIT EXPERIENCE FROM OTHERS, TO ENTER THIS INFORMATION IN YOUR FILE, AND TO DISCLOSE THIS INFORMATION CONCERNING YOU TO APPROPRIATE THIRD PARTIES FOR REASONABLE BUSINESS PURPOSES. We will not discriminate in the application of our credit inquiries and deposit policy on the basis of race, color, sex, creed, religion, nationality, sexual orientation or marital status. Any risk assessments conducted by either us or consumer credit bureaus will be done in conformance with the requirements of all applicable state or federal law.

Mediacom will rely on any credit information you furnish, on credit bureau reports, other data available from commercial credit reference services, or on internal credit information to determine whether or not to provide Mobile Services, whether or not a deposit is required and whether to apply account limits.  The Mobile Services we offer may vary based on your credit history.  Mediacom may also, at any time, withdraw or change Mobile Services, or place limitations or conditions on the use of our Mobile Services.  Mediacom may also invoke line or device restrictions. Mediacom may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.

46.   Late Payments; Failure to Pay.

We do not anticipate that you will fail to pay for your Mobile Service or Device on a timely basis, and we do not extend credit to customers with respect to payment for Mobile Services or Devices. Any fees, charges, and assessments due to late payment or nonpayment are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments. These costs will be difficult to calculate or to predict when we set such fees, charges, and assessments, because we cannot know in advance whether you will pay for your Mobile Service or Device on a timely basis, if ever; if you do pay late, when you will actually pay; and what costs we will incur because of your late payment or non-payment.

If we use a collection agency or attorney to collect money owed to Mediacom by you, you agree to pay the reasonable costs of collection. These costs include, but are not limited to, any collection agency fees, reasonable attorney’s fees, and court costs.

If you fail to pay the full amount due for your Mobile Service or any other Mediacom Service or device(s) then we, at our sole discretion in accordance with and subject to applicable law, may suspend or disconnect any or all of your Services and you may be required to make immediate and full payment for any device(s) that carries a balance due by you.

If you resume your Mobile Service after any suspension or disconnection, we may require you to pay activation fees. These fees are in addition to all past due charges and other fees. Reactivation of your Mobile Service is subject to our credit policies, this Agreement, and applicable law.

47.   Changes to Pricing.

Unless you are subject to a minimum term agreement with us, you are on a month-to-month agreement with us and we have the right to change what we charge you for your Mobile Service upon written notice to you in accordance with the terms of Section 7. We do not need to provide you with notice of any change in pricing or fees that is related to a change in governmental or quasi-governmental taxes, fees, charges or assessments, in which case, we may elect not to provide notice, except where required by applicable law.

Unless you are subject to a minimum term agreement with us, if you find any change to the pricing of your Service to be unacceptable, you have the right to cancel your Mobile Service. Your continued receipt of your Mobile Service for more than 30 days after we deliver notice of change, however, will constitute your acceptance of the change. If you cancel your Mobile Service, you will be responsible for the immediate payment for the data usage on the account through the cancellation date and the minimum fees that would otherwise have been due under your Agreement through the remainder of the subscription term.

48.   Change to your Mobile Plan.

You may be eligible to change your Mobile Plan for one or more lines of Mobile Service.  The details of your new Mobile Plan will be provided to you at the time you decide to change the Mobile Plan applicable to a line of Mobile Service.  If you make changes to your Mobile Plan in the middle of a billing cycle, the new Mobile Plan and associated charges (as well as any changes in taxes or surcharges) will apply to the applicable line of Mobile Service during that billing cycle.  In addition, any usage limits or other terms and conditions of your new Mobile Plan for the applicable line of Mobile Service will apply for the entire billing cycle in which you change your Mobile Plan and all future billing cycles until you cancel your line of Mobile Service or change your Mobile Plan again.  Some Mobile Plans may be subject to special pricing based on the number of lines on your account.  If lines are cancelled under such a Mobile Plan, your pricing on all the lines on your account may be adjusted to reflect the fact that you no longer have the requisite number of lines on your account for the Mobile Plan you have chosen.

49.   Additional Lines of Service.

If you have not exceeded the maximum lines of Mobile Service for which your account is eligible and still meet the Initial Eligibility Requirements, you may be eligible to add a new line of Mobile Service.  You will be responsible for all charges incurred for any line of Mobile Service activated on your account and you agree to pay such charges.  You may only add a line of Mobile Service if your account with Mediacom is current at the time you seek to add such line of service.  By requesting one or more additional lines of Mobile Service, you explicitly agree and authorize Mediacom to pull a consumer credit report, even if Mediacom has pulled a consumer credit report for you previously.  Mediacom may also review your Mediacom payment history and other Mediacom proprietary account information to determine whether you are eligible to add one or more lines of Mobile Service.

50.   Roaming.

You roam when you use Mobile Services on another carrier’s network, and those Mobile Services are made available to you based on agreements with other carriers.  The agreement with other carriers may change from time to time; therefore, roaming coverage is subject to change.  You may not have access to all Mobile Services, and the extent of coverage will depend upon the relevant agreement with each roaming carrier.  There may be additional charges for roaming in some areas, domestically or internationally, and you should consult your Mobile Plan for such roaming charges and the areas in which such charges will be incurred.  International roaming may not be available at all if you have not included international roaming in your Mobile Plan and Mediacom may impose limitations on your ability to engage in international roaming.  If you were roaming prior to the close of a billing cycle, but we do not receive roaming records for voice, messaging and data from our roaming partner until after the billing cycle closes, then we will apply the usage charges to the billing cycle in which we received the roaming record from the roaming partner.  This may affect your balance of included minutes, messages and data usage in your rate plan for the billing cycle and can result in overage charges if you have utilized all of your allocations for the billing period in which we receive the roaming record from our roaming partner.  

51.   International Calling.

If your Mobile Plan includes international calling, which includes calls placed from the U.S. to another country, charges will vary based on the destination of the call, and on whether it is a mobile termination or a landline termination.  Incoming international SMS/MMS messages will be treated in the same manner as domestic incoming SMS/MMS messages.  For international messages that you send, the rates you will pay will be fixed rates for any message destination.  Mediacom may suspend international calling or international SMS/MMS if Mediacom (in its sole discretion) determines that your amount of international calling or international SMS/MMS exceeds your normal usage and may result in substantially higher charges than you typically incur.  In such a case, Mediacom will suspend international calling or international SMS/MMS until we can contact you and we may require a prepayment of international calling or international SMS/MMS charges before restoring international calling or international SMS/MMS service. 

52.   Service Availability and Coverage.

Although coverage maps will provide you with information about coverage in a given area, these are only estimates of wireless coverage for the Mobile Service.  There are factors that may affect coverage or performance of the network providing Mobile Service or your Device, such as inclement weather, topography of the land, network issues including usage by other users, public safety needs, signal strength, the performance of or technologies used in or supported or not supported in your Device, the availability of public or private Wi-Fi networks, interference, software or structures blocking signal transmission.  These factors may result in slower data speeds and dropped calls and may generally affect the quality of Mobile Services.  Outages and interruptions of Mobile Service may occur.  This may also impact E-911 and GPS navigation because these depend on network coverage and your Device’s capability to acquire satellite signals.  Mediacom has the right to collect data associated with Device, network environment and experience to connect you to private or public Wi-Fi hotspots and may use data analytics to improve performance and help deliver a better connectivity experience.  In instances where the network providing Mobile Service is not controlled by Mediacom there may be network management practices or actions taken by the carrier operating the network that likewise can impact the availability, speed, or quality of services.  In any event we will not be liable for issues that may impact the availability, speed, quality, or performance of Mobile Services or the delivery or completion of any call, message, data, or information sent using the Mobile Service.  You may view the specific network coverage provided by Mediacom in the coverage maps that are available on our website.  From time to time, traffic on the network providing Mobile Service may be prioritized or data rates may be limited based on usage or other factors related to reasonable network management.

Your connection to Wi-Fi may also be impacted by a variety of factors, including your Device, interference (from other devices, buildings, or other wireless signals), your distance from the Wi-Fi hotspot, and the number of other users sharing the hotspot. Your Device may automatically connect to Wi-Fi hotspots, including the Wi-Fi network in your home that is connected to your Mediacom Service. You may disable the automatic Wi-Fi connection feature on your Device by turning it off using the "Settings" or an equivalent feature of your Device. While you can still manually connect to available Wi-Fi hotspots, disabling the automatic Wi-Fi connection feature may prevent you from using certain other Mobile Services features and may increase your monthly Mobile Service cellular data usage and, therefore, your bill.

IMPORTANT: IF YOUR MEDIACOM INTERNET SERVICE AT YOUR HOME IS SUBJECT TO A DATA USAGE PLAN, ALL DATA SENT OR RECEIVED BY YOUR DEVICE (INCLUDING SMS AND MMS MESSAGES) WHEN CONNECTED TO YOUR MEDIACOM HOME WI-FI NETWORK WILL COUNT TOWARDS YOUR MONTHLY MEDIACOM INTERNET DATA ALLOCATION, REGARDLESS OF THE MOBILE OPTION TO WHICH YOU ARE SUBSCRIBED. SEE “ADDITIONAL TERMS & CONDITIONS INTERNET SERVICE PLAN OFFERINGS AND TERMS” FOR FULL DETAILS REGARDING MONTHLY DATA ALLOWANCES.  

Either the operator of the cellular network, or we, may elect to modify the cellular or Wi-Fi network and/or the manner in which your Mobile Service operates on such network at any time, including, but not limited to, changing the prioritization of traffic, establishing speed or usage limitations, or impacting other attributes of your Mobile Service. We will endeavor to provide you with advance notice of any change that we believe may materially affect your Mobile Service, but shall be under no obligation to do so.

53.   Location Based Services.

If your Device is location-enabled and turned on, you will be able to use your device for certain geographic services offered by Mediacom or other third parties (“Location Based Services”).  These Location Based Services may use location technology such as Global Positioning Satellite (“GPS”), wireless network location, or other technology in order to provide enhanced 9-1-1 services and other optional services.  Please be aware that your ability to use these Location Based Services may be impacted by weather, geography, topography, obstructions (including the interior or exterior of buildings), connecting to a Wi-Fi network instead of a cellular network, and other environmental or ambient issues.  Details on the use and disclosure of information obtained from your Device or use of the Mobile Service are provided in Mediacom’s Privacy Policy, which is available on the Mediacom website, therefore, please carefully review Mediacom’s Privacy Policy, to ensure that you understand how your information will be used and protected.  You acknowledge and agree that Mediacom or one of Mediacom’s service providers or vendors may use location information related to or generated by your Device or the Mobile Service and sell or disclose such information to a third-party provided that such information is shared or sold only on an aggregated and anonymized basis.  Use of the Location Based Services may also have restrictive features such as parental controls.  You, as the Account Holder, will be responsible for notifying the authorized user of the Device that the device may have geographic location capability, that it may be tracked, and that it may have certain restrictions built into the Device. Mediacom is not responsible for any injuries or damages that may occur from the operation of Location Based Services or any failure of Location Based Services to operate correctly or accurately.

54.   Emergency Services.

PLEASE CAREFULLY REVIEW THIS SECTION.  IT CONTAINS IMPORTANT INFORMATION ON LIMITATIONS OF 911 SERVICE.  YOU ACKNOWLEDGE THESE LIMITATIONS AND AGREE TO SHARE THEM WITH ANYONE WHO MAY USE YOUR MOBILE SERVICE INCLUDING AUTHORIZED USERS AND USERS OF LINES OF SERVICE UNDER YOUR ACCOUNT.  You must be able to provide your location information when making any 9-1-1 or other emergency calls.  Because of a number of factors such as whether local emergency service providers have upgraded their equipment and whether your device is GPS enabled, 9-1-1 operators may not know your location or your phone number.  Enhanced 9-1-1 service (“E9-1-1”) uses GPS technology and, when enabled by local emergency authorities, it will provide location information; however, even when available, E9-1-1 may not provide accurate location information because you may be indoors or do not have satellite signals.  Your Device must have battery power and network connectivity to complete a 911 call. Other third-party entities are involved in connecting a 911 call and Mediacom is not responsible for determining the 911 public safety answering point to which your 911 call may be routed. Wi-Fi Calling and Voice Over IP (“VoIP”) services use a broadband internet connection to make calls, including calls to 911. Calls to 911 using Wi-Fi Calling or VoIP operate differently than 911 calls made over a cellular network or a landline phone.  Using Wi-Fi calling or VoIP is dependent upon the availability and reliability of your broadband connection and may result in your 911 call being routed to the wrong 911 public safety answering point or the 911 public safety answering point having less accurate, inaccurate or no information on your location.  For purposes of 911 calls using Wi-Fi calling or VoIP, emergency services may be sent to an address or location you provide to Mediacom or a Mediacom vendor that is stored in an electronic database.  You acknowledge and understand that this address or location must be provided by you to Mediacom and kept current and will not change as your actual location or home address changes unless you first direct Mediacom to change the address or location in the relevant database and provide adequate time for Mediacom to implement such change.  Because of the manner in which 911 calls are implemented and the limitations of using an address database for such calls, you should, if possible, always use a cellular connection or a landline phone to place any 911 calls. In the event that you or anyone using your Mobile Service chooses instead to call 911 using Wi-Fi calling or VoIP, you acknowledge and agree that Mediacom shall have no liability for any damages, injuries, or claims of any kind resulting from defects or errors that occur in directing emergency services to the person placing the 911 call.  If you download or use applications, services or software provided by third parties (including voice applications), 911 or E911, or other calling functionality, may work differently than services offered by Mediacom, or may not work at all. Please review all terms and conditions of such third–party products.  Mediacom may not be able to provide you with some services, such as 9-1-1 location services while you are in the process of porting a phone number to or from us, and Mediacom is not responsible for failure to connect or complete 9-1-1 calls or for the provision of inaccurate location information.

55.   Compliance with Law and Misuse of Service or Device.

You agree that you will comply with all current and future laws regarding wireless devices and service while using your Device(s) and the Mobile Service.  Mediacom may monitor your network usage, including but not limited to the information related to the geographic location where Mobile Services or your Device(s) are being used, to ensure your use is consistent with the applicable restrictions and limitations contained herein.  If you misuse the Mobile Services or a Device, Mediacom may suffer harm and will have all remedies available at law or in equity, including injunctive relief.  Mobile Services provided under this agreement are intended for use by individual consumers engaging in typical, non-commercial personal use and use of Mobile Services must comply with Mediacom’s then-current AUP. If usage under this agreement is not consistent with typical individual consumer usage or violates the AUP, at Mediacom’s sole discretion, Mediacom may immediately suspend, restrict, or cancel some portions of or all of your Mobile Services or modify your Mobile Plan.

56.   Phone Number and SIM.

We will assign a wireless phone number to you.  You acknowledge and agree that Mediacom may contact you at any time on the wireless phone number that has been assigned to you.  You may not select your wireless phone number.  If you are porting in your telephone number from another carrier or a network with facilities not controlled by Mediacom, Mediacom may not be able to activate your Mobile Service until your former carrier completes the process of porting your telephone number, and you acknowledge that Mediacom does not control the porting-in process from the other carrier or timing of completion.  Phone numbers may only be ported-in from another carrier if you had active service with the other carrier at the time you requested the porting-in of the phone number to Mediacom.  Some phone numbers may not be eligible for porting-in to Mediacom such as 500, 800, 888, 900 and Google voice phone numbers.  You may authorize another carrier to transfer your number from Mediacom to that carrier.  By taking this step, you are terminating Mobile Service associated with that line; however, you will be responsible for all charges that you incur for such line prior to this deactivation.  Once you submit a request to port your phone number from Mediacom to another carrier, that porting request cannot be cancelled or modified by Mediacom. You acknowledge that except as required by law, you shall acquire no proprietary interest in the number (MDN) or SIM (Subscriber Identity Module) assigned by Mediacom for your use.  You acknowledge that any intellectual property or software in the SIM not provided by Mediacom or you is the property of the supplier of services to Mediacom, and such supplier may change or update the software or other data in the SIM card or the software in the Device over the air and utilize any capacity in the SIM card for administrative, network, business and/or commercial purposes. The supplier of services to Mediacom shall have no liability whatsoever for your losses, claims, or damages for any cause whatsoever, including, any failure or disruption of services provided hereunder, regardless of the form of action, whether in contract, tort or otherwise. You shall not be deemed a third-party beneficiary of any contract between Mediacom and Mediacom’s supplier. You do not have any proprietary rights to any identification number, e-mail address or other identifier that Mediacom assigns to (i); you; (ii) your Device; or (iii) your account.  Mediacom may change or reassign them, but if we do, we will notify you.  You agree to protect your SIM Card and not to resell it or allow an unauthorized person to use or access your SIM Card. You agree not to alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption elements of your SIM Card, or to allow any other person to do so. Any violation of the restrictions on the use of your SIM Card may result in termination of your Mobile Service, including potentially without notice.

 

ADDITIONAL TERMS OF SERVICE FOR MEDIACOM BOLT FIXED WIRELESS INTERNET SERVICE

57. Service Requirements: To qualify for Fixed Wireless Internet Service, you must reside in an area where we provide the Service. The Service requires an outdoor antenna that is professionally mounted on or near the exterior of your Premises. Other equipment may be required, see Section 60 “FIXED WIRELESS EQUIPMENT” below.

58.         Service Availability and Limitations: The Service will not be always available in all areas. Many factors can affect the availability and quality of your Service, including, but not limited to, network capacity, terrain, buildings, foliage, and weather. In addition, moving or changing the original location or position of the Fixed Wireless Equipment can affect the receipt and quality of the Service. The Service is delivered wirelessly to your home via towers in Mediacom’s network. Mediacom’s network is a shared resource and various factors can affect your use of the Service; please read Mediacom’s Open Internet Disclosure Statement at https://mediacomcable.com/legal/open-internet-disclosure/ for full details. These limitations may mean that the Service may be identified as available at the time of ordering but may not prove to be available at the time scheduled for installation or at some time after installation.

The Service is not compatible with analog services, including, but not limited to, wireless messaging services, alarm and security systems, fax machines, medical alert and monitoring services, credit card machines, IP/PBX Phone systems, or dial-up Internet. The Service may not be compatible with DVR/Satellite systems; check with your provider. Public IP addresses are not used or available through the Service. Services like Web hosting, or hosted services, such as cameras, gaming systems, peer-to-peer file sharing, etc., that require a public IP address are not supported.

THE SERVICE MAY BE INTERRUPTED, DELAYED, OR OTHERWISE LIMITED FOR A VARIETY OF REASONS, INCLUDING ENVIRONMENTAL CONDITIONS, UNAVAILABILITY OF RADIO FREQUENCY CHANNELS, SYSTEM CAPACITY, NETWORK MANAGEMENT, PRIORITY ACCESS BY NATIONAL SECURITY AND EMERGENCY PREPAREDNESS PERSONNEL IN THE EVENT OF A DISASTER OR EMERGENCY, COORDINATION WITH OTHER SYSTEMS, EQUIPMENT MODIFICATIONS AND REPAIRS, AND PROBLEMS WITH THE FACILITIES OF INTERCONNECTING CARRIERS. MEDIACOM IS NOT LIABLE FOR ANY SUCH INTERRUPTION, DELAY OR LIMITATION.

59.   Changing Service Location: You may not use the Service at any address other than your Service address or move any of the Equipment to another address while you remain a Mediacom Bolt Customer. If you are moving to a new residence at which the Service is available, and you wish to continue using the Service, you may request that Mediacom install the Service and the Equipment at, and change your Service address to, your new residence, although we may require additional fees for any such installation and change.

 

60.         FIXED WIRELESS EQUIPMENT.

60.1 Depending on your Service address, your Service will include some or all of the following Equipment (the “Fixed Wireless Internet Equipment” or “Equipment”):

•            Outdoor Antenna. The Outdoor Antenna provides an interface to Mediacom’s network. The Outdoor Antenna and the APS (described below) require electrical power from your service location to operate, which you are responsible for providing. Mediacom or its contractors will install your Outdoor Antenna. Once the Outdoor Antenna has been installed by Mediacom, you may not move the Outdoor Antenna to a different location or reposition at your address or any other address while you continue to receive the Service.

•            Antenna Power Supply ("APS"). The APS provides power supply for the Outdoor Antenna; your unit has integrated lightning surge protection and two LED Indicators: Power and Outdoor Antenna connectivity. Mediacom or its contractors will install your APS. Once the APS has been installed by Mediacom, you may not move the APS to a different location or reposition at your address or any other address while you continue to receive the Service.

•            Wi-Fi Router ("Router"). The Router is installed inside your premises and is required for you to receive Wi-Fi service within your home; it is not needed for the Service to function (to receive Internet access service). You may either rent a Router from Mediacom or purchase your own at retail. A Router allows multiple devices to connect and communicate to the Internet wirelessly. Smartphones, tablets and laptops are common devices that access the Internet through a Router. A Router resides indoors and has a power cord that plugs into a common electrical outlet. A battery backup is recommended in case of a power outage. Some Routers have an external battery backup while others have an internal battery backup. Mediacom or its contractors will install the Router. Once the Router has been installed by Mediacom, you may not move the Router to a different location or reposition at your address or any other address.

You agree that, while you continue to receive the Service, neither you nor a third party will move the Equipment within your premises or to any other physical location outside of the premises where it was installed by Mediacom. Mediacom Bolt Service is not designed to be nomadic and may not function properly if the Equipment is moved or altered by a non-Mediacom employee. If you require the Equipment to be moved while you continue to receive the Service, you must contact Mediacom. Failure to do so may result in a failure of the Service and/or in Mediacom’s termination of your Service.

60.2 We May Change the Equipment:  Mediacom has the right, but not the obligation, to upgrade, replace or otherwise change the Equipment.  You agree that such changes may be made without advance notice or your specific consent and agree that they may be performed at your Premises or, if technically possible, remotely through downloads, at our option.  In some instances, you may need to exchange or pick up new or additional Equipment. If you do not cooperate in making changes, the availability or quality of the Services may be adversely affected, up to and including loss of Service.  The functionality of any equipment purchased at retail is not guaranteed or warranted by Mediacom.  Additionally, any such changes to the Equipment may impair or eliminate the functionality of purchased equipment.  Mediacom has no obligation to upgrade, repair, modify or accommodate any purchased equipment.  Any changes to or replacement of purchased equipment will be your obligation and at your sole cost.

 

60.3 Software: Mediacom grants you a limited, nonexclusive and nontransferable license to use software (including software from third party licensors) (collectively "Licensed Software") solely in connection with the Service. Software for mobile applications may only be used by an authorized user on a wireless device that is owned or controlled by such user. We may modify the Licensed Software at any time and for any reason, without notice, including through uploads. Your use of the Licensed Software is governed by this Agreement and Other Terms that may be provided to You by Mediacom or the third-party Licensor. Your right to use the Licensed Software terminates upon termination of this Agreement or upon written termination by Mediacom.  Any software license granted to you herein is for the object code version of the Licensed Software only, is without the right to sublicense and shall terminate immediately upon any termination of this Agreement or the applicable Service. Without limiting your obligations under law, you agree not to copy, modify, adapt, alter, translate, create derivative works, reverse engineer (except to the extent allowed under applicable law), disassemble, decompile, or otherwise attempt to reconstruct, obtain or perceive the source code from which any component of the Licensed Software is compiled or interpreted, and you hereby acknowledge that nothing in this Agreement shall be construed to grant you any right to use or otherwise obtain access to, any such source code. You may not take any steps to defeat any security measures in the Licensed Software.  You may not make any unauthorized use of any content available through any Licensed Software.  Any reproduction, distribution, sale, sublicense, transfer or use of the Licensed Software not expressly permitted by this Agreement or any other applicable terms is expressly prohibited.  The Licensed Software is licensed and not sold to you.  Mediacom and its suppliers retain title to and ownership of the Licensed Software and other intellectual property rights in and to the Licensed Software.

 

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.

 

60.4 Responsibility for and Return of Equipment: Upon termination of your Service for any reason, Mediacom shall remain the owner of the Router (if rented from Mediacom), and you must return the Router, undamaged, within 30 business days to Mediacom. If the Router is not returned within 30 business days, or is returned damaged, you will be charged for the replacement value of the Router.

Although the Outdoor Antenna and APS will constitute Equipment while you subscribe to the Service, you will be considered the owner of the Outdoor Antenna and APS for all other purposes and you will not need to return the Outdoor Antenna and APS to Mediacom upon termination of your Service. Upon termination of your Service for any reason, the Outdoor Antenna and APS will remain where installed at your location and you will be solely responsible for any and all future service, care, maintenance and removal of the Outdoor Antenna and APS. Service, care, maintenance and removal of the Outdoor Antenna and APS should be performed only by an experienced professional; you should not attempt to perform such activities yourself. Mediacom shall have no ongoing duty, obligation, or responsibility to perform any service, care, or maintenance on the Outdoor Antenna and/or APS or to uninstall or remove the Outdoor Antenna and/or APS after termination of the Service. Mediacom shall have no liability to you or any other person or entity related to or arising out of the Outdoor Antenna and/or APS. You agree to indemnify and hold Mediacom and its subsidiaries, affiliates, officers, agents, licensors, employees, sub-contractors, and partners harmless from any claim or demand, made after termination of Service, arising out of or related to the Outdoor Antenna and/or APS, including, but not limited to, claims for personal injury, property damage, wear and tear, or equipment degradation.