Last edited on Dec 23, 2021
Mediacom Communications Corporation Calling & SMS Text Terms and Conditions
These Calling & SMS Text Terms and Conditions are applicable to individuals who have subscribed and expressly consented to receive text messages and/or telephone calls from Mediacom Communications Corporation or its affiliates, subsidiaries, employees or agents (together, “Mediacom”). These individuals have granted Mediacom express permission to send automated text messages to the enrolled mobile phone number(s) through their wireless phone carrier and/or to place automated and/or prerecorded telephone calls to the enrolled phone number(s) unless and until such permission is revoked in accordance with these Terms and Conditions. This consent applies even if the phone number(s) is listed on the National or any State or Local Do Not Call Registry.
THIS AGREEMENT HAS A “BINDING ARBITRATION CLAUSE” REQUIRING YOU AND MEDIACOM TO RESOLVE CERTAIN DISPUTES THROUGH ARBITRATION. SEE “ARBITRATION” SECTION BELOW.
Text messages and telephone calls will vary in frequency, by texting program. As part of enrollment in a Mediacom texting and calling program, an individual may contact Mediacom at 1-855-633-4226 for assistance or to request an additional text message that will include relevant contact information by replying “HELP” to the text message received. Additionally, an individual may opt-out of a Mediacom texting program by replying “STOP” from their mobile phone. The individual will receive one final confirmation text message from Mediacom stating that the person will no longer receive text messages from that short code. Text messages will be sent using an automatic dialing system to the mobile phone number provided to us.
Mediacom offers these calling and text message programs to provide information or resources on topics including, but not limited to the following:
- Marketing messages regarding products and services Mediacom has or will make available.
Operational information provided is valid only at the time the text message is sent or telephone call is placed and may change at a later time.
Age restrictions apply to texting and calling programs. In order to participate, individuals must be 18 years of age or older and own and control the mobile phone number(s) or telephone number(s) provided to us. Individuals under 18 years of age, must unsubscribe from the texting program.
Individuals must immediately notify Mediacom if their phone number changes. Mediacom is not liable for any communication or transmission of information via text which occurs as a result of a change to a mobile phone number that is not reported or via telephone call which occurs as a result of a change to a phone number that is not reported. Using password-protected mobile devices and enabling encryption, if available, is recommended.
Individuals who have subscribed and expressly consented to receive text messages and/or telephone calls are not required to agree to the receipt of text messages and/or telephone calls in order to purchase any product or service from Mediacom.
UNDER NO CIRCUMSTANCES WILL MEDIACOM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF, OR IN CONNECTION WITH USE OF THE TEXTING PROGRAM(S), WHETHER OR NOT MEDIACOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If individuals are dissatisfied with the texting and calling program or with these Terms and Conditions, their sole and exclusive remedy is to discontinue enrollment in the specific texting and calling program. Individuals who participate in the texting and calling programs offered by Mediacom do so at their own risk.
Mediacom does not guarantee the successful delivery of text messages or telephone calls. Messages sent via text and telephone calls may not be delivered if the mobile phone number is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of wireless carriers may interfere with message delivery, including the customer's equipment, terrain, and proximity to buildings, foliage, and weather. Carriers are not liable for delayed or undelivered text messages. Mediacom will not be liable for losses or damages arising from (a) non-delivery, delayed delivery, or misdirected delivery of a text message or telephone call; (b) inaccurate or incomplete content in a text message or telephone call; or (c) use or reliance on the contents of any text message or telephone call for any purposes.
Messaging and Data rates may be charged by mobile service providers. Content may not be available via all carriers.
These Calling & SMS Text Terms and Conditions are governed exclusively by the internal laws of the state where you reside, without reference to its rules regarding choice of law. The Federal Arbitration Act, not state law, will govern the arbitrability of all disputes between Mediacom and you regarding this Agreement or the calling and text message programs as described below 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.
You have the right to withdraw your consent to receive Information in electronic form at any time. If you wish to withdraw your consent, please contact us at 1-855-633-4226. Also, please contact us at 1-855-633-4226 if you wish to receive Information in electronic form through a different phone number than the one we have on file.
You are responsible for the installation, maintenance and operation of your mobile device, browser and software. We only require, at minimum, that you have a working mobile device with a mobile browser and modern apps that can access our website (such as a recent version of Apple Safari, Mozilla Firefox, or Google Chrome) and open common file formats of Information that we may send to you (for example, Microsoft Word, PDF, or a text file) running on an up-to-date operating system (such as iOS or Android). Unsupported apps, browsers or operating systems may not function properly. Mediacom is not responsible for errors or failures from any malfunction of your mobile device, browser or software.
You and Mediacom are agreeing to resolve certain disputes through arbitration.
THIS BINDING ARBITRATION PROVISION SAYS THAT YOU AND MEDIACOM AGREE TO RESOLVE CERTAIN DISPUTES THROUGH ARBITRATION. PLEASE READ THIS SECTION CAREFULLY TO UNDERSTAND OUR BINDING ARBITRATION AGREEMENT AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
A. Federal Arbitration Act.
You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these provisions.
B. Initial Dispute Resolution.
You and Mediacom agree to use best efforts to informally resolve any dispute, claim, question or disagreement (“Dispute”) that may arise between the parties. The term Dispute is to be given the broadest possible meaning that will be enforced. You may inform Mediacom of a Dispute by either calling 1-855-633-4226 or emailing firstname.lastname@example.org. 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 and which are hereby incorporated into this Agreement.
Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award, including injunctive relief.
YOU MUST CONTACT US WITHIN ONE YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
To initiate an arbitration pursuant to this Arbitration provision, the party initiating the arbitration proceeding may open a case with the American Arbitration Association - Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, 877-493-4185, www.adr.org under the Consumer Arbitration Rules of the American Arbitration Association "AAA".
Before you initiate an arbitration proceeding, you may request that we advance on your behalf (1) the arbitration filing fees and (2) the portion of the arbitrator's costs for which you would normally be responsible. If we win the arbitration, you will reimburse us for these advances. We will, of course, pay any fees or costs required under the law where you live.
D. Right to Sue in Small Claims Courts.
Notwithstanding anything in this Arbitration provision to the contrary, either you or we may elect to have an action heard in “small claims” court in the areas where you received the Service(s), if its rules permit it. If you bring an action in small claims court, you waive (unless local law prohibits such a waiver) discovery in that proceeding. In other words, unless local law prohibits you from doing so, you agree that you will not be able to depose Mediacom witnesses or seek non-public documents. Mediacom may choose to pursue, in small claims court, claims related solely to your payment obligations for services, equipment or facilities.
E. Waiver of Jury Trial. Class Action Waiver.
YOU AND MEDIACOM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU AND MEDIACOM FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Mediacom agree otherwise, the arbitrator may not consolidate any other person’s or persons’ claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
F. Exceptions to Arbitration.
NOTWITHSTANDING THE PARTIES’ AGREEMENT TO RESOLVE ALL DISPUTES THROUGH ARBITRATION, YOU AND MEDIACOM AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS; (2) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE; (3) ANY DISPUTE THAT ARISES BETWEEN MEDIACOM AND ANY STATE OR LOCAL REGULATORY AUTHORITY OR AGENCY THAT IS EMPOWERED BY FEDERAL, STATE, OR LOCAL LAW TO GRANT A FRANCHISE UNDER 47 U.S.C. § 522(9); AND (4) ANY DISPUTE THAT CAN ONLY BE BROUGHT BEFORE THE LOCAL FRANCHISE AUTHORITY UNDER THE TERMS OF THE FRANCHISE.
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.