Last edited on Mar 7, 2017
Xtream WiFi Terms of Service
To use the Xtream WiFi service (the “WiFi Service”) you must read and agree to these Terms of Service.
1. General
These Terms of Service, as well as the Mediacom Residential Customer and User Agreement, form a binding agreement between you and Mediacom Communications Corporation and its affiliates and subsidiaries (“Mediacom”, “we”, “us”).
By accepting these Terms of Service, you represent that you are at least 18 years old or the legal age of majority or, if you are a minor accessing the WiFi Service, that you hve obtained your parent’s or legal guardian’s consent, and, if applicable, the consent of the primary Mediacom account holder (if different), to do so. If you do not agree to these Terms of Service, you should not check the “I have read and agree to the Terms of Service” box and may not use the WiFi Service.
The terms of the following agreements and policies (including any usage restrictions, disclaimers and limitations on liability) are hereby incorporated into, and made a part of these Terms of Service, and shall apply to your use of the WiFi Service:
- The Mediacom Residential Customer and User Agreementand all customer agreements referred to therein, including but not limited to:
- the Mediacom Privacy Notice and
- the Mediacom Acceptable Use Policy (AUP)
The WiFi Service shall be considered part of Mediacom’s “Services,” as that term is defined and used in the Residential Customer and User Agreement, (your “Mediacom Customer Agreement”). If any provision of these Terms of Service is inconsistent with the terms of your Mediacom Customer Agreement, these Terms of Service will control solely as to your use of the WiFi Service.
2. WiFi Service Access
A. For Mediacom Customers
If you are a Mediacom residential customer who subscribes to Mediacom Internet access service at a qualifying level as determined by Mediacom (a “Mediacom Customer”), you may access the WiFi Service free of charge using your Mediacom ID or the email address and password provided through your Mediacom residential customer account.
Your Mediacom account must be in good standing in order to access the WiFi Service. In no event will you or the applicable Mediacom account holder be entitled to receive any refunds or credits for any interruption or failure of the WiFi Service.
B. For Users Other than Mediacom Customers; 30 Free Minutes Per Month
If you are a Mediacom cable and/or phone customer (“Cable or Phone Customers”) or if you do not subscribe to any Mediacom residential Services (“Non-Mediacom Customers”) and you adhere to these Terms of Service, you may access the WiFi Service for 30 minutes per month (30 days), at no charge. The 30-day period begins the first day you access the WiFi Service and continues for the next consecutive 30 days. You are free to sign out and sign back in to the WiFi Service at any time prior to the end of the 30-day period. Unused minutes will not roll-over and any remaining minutes will be lost. If you use the entire 30 minutes prior to the end of the 30-day period, you will not be allowed to access the WiFi Service until after the end of the 30-day period.
In order to access the WiFi Service, you must provide all information requested on the WiFi Service registration page, including your cell phone number. After registering, you will receive a registration code via text message to the cell phone number you provided. By signing up to access the WiFi Service and by providing your cell phone number, you expressly consent to Mediacom texting the registration code to your cell phone.
C. WiFi Service Access for Special Circumstances
Mediacom may, in its sole discretion, grant Cable and Phone Customers and Non-Mediacom Customers special access to the WiFi Service for more than 30 minutes or for a period longer than 30 days. This special access shall be subject to any additional terms and conditions which Mediacom may impose at the time.
3. Devices and Coverage
No more than five (5) devices can be connected simultaneously under your account at any one time. Devices will automatically be disconnected from the WiFi Service after 15 minutes of inactivity.
To access the WiFi Service, you must be located within the coverage area of an available access point, and you must have a WiFi enabled device that meets the technical specifications for the WiFi Service.
4. Auto Connect
Your WiFi Service may include an “auto connect” feature which, if provided by Mediacom, will automatically log your WiFi-enabled device on to the WiFi Service when the device is within the coverage area of an available access point. Where available, the auto connect feature provides automatic log-on for 90 days, after which you would need to reselect the option.
5. WiFi Roaming
Mediacom may, in its sole discretion, partner with other providers to allow WiFi roaming if you are outside of our WiFi Service coverage area.
6. Collection of Data and Use
The WiFi Service is not directed to children under the age of 13 and Mediacom does not knowingly collect information from persons under the age of 13. Users under the age of 13 should have parental or guardian permission before providing information to use the WiFi Service.
Mediacom collects information to authenticate you as a valid Internet subscriber authorized to access WiFi Service. Once authenticated on the WiFi Service, your information will be stored to allow you to auto-connect to the WiFi Service without having to authenticate each time you access the WiFi Service, in accordance with Section 4 above. Mediacom will track and store IP addresses and the MAC address of your device accessing WiFi Service, as well as usage data associated with the MAC addresses of each device. We may also monitor the traffic for network management and security purposes, such as identifying malware, bandwidth consumption, location of the access points, session start and end time, types of protocols and applications used, and illegal content. We may provide this information to law enforcement personnel pursuant to lawful subpoena or court order, or to protect our rights, users or property. You acknowledge and agree that Mediacom has the right to electronically monitor your use of the WiFi Service to operate the WiFi Service properly, to protect itself or its subscribers, to enhance or develop Mediacom services offered to you, to disclose any information as necessary to satisfy any law, regulation or other governmental request, or to protect our rights, network, users or property.
We will use and disclose any personally identifiable information that we may collect from you in connection with your use of the WiFi Service (for example, your email address) in accordance with the terms of the Mediacom Privacy Notice.
7. Your Responsibilities
You may not provide any person who is not a member of your household with access to the WiFi Service, whether for a fee or otherwise. You agree to take reasonable precautions to prevent others from gaining unauthorized access to your WiFi Service account. You will be responsible for all activities taking place under your WiFi Service account.
You must (a) provide accurate and complete WiFi Service sign-in and registration information, (b) provide all equipment (i.e., a WiFi-enabled device that meets the technical specifications for the WiFi Service) to connect to the WiFi Service, (c) protect the password, username and security information you use to access the WiFi Service, (d) notify us immediately of any unauthorized use of your WiFi Service account, and (e) comply with all applicable local, state, federal and international laws and regulations, including copyright and intellectual property rights laws, in your use of the WiFi Service.
8. Content Filtering by Event Partners
We sometimes partner with event sponsors, stadiums, arenas and/or event spaces to provide the WiFi Service to attendees of popular sports, music, political and other events, and those sponsors, stadiums, arenas and/or event space owners (“Event Partners”) may use content filtering technology to ensure that event attendees using the provided WiFi network cannot access content or websites deemed inappropriate or offensive by the Event Partner(s). Accordingly, when using the WiFi Service at a partner event, your ability to access certain websites or content may be impacted, and you may receive an error message indicating that access to the requested website is blocked or disabled. Mediacom does not control the content filtering technology(ies) employed by its Event Partners.
9. Disclaimer of Warranties
THE WIFI SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WHATSOEVER INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THESE TERMS OF SERVICE. WE MAKE NO WARRANTIES THAT THE WIFI SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE, OR THAT THE WIFI SERVICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE.
THE WIFI SERVICE SHOULD NOT BE RELIED ON FOR CRITICAL USES. THE WIFI SERVICE USES RADIO TRANSMISSIONS, SO YOU MAY NOT BE ABLE TO USE THE WIFI SERVICE IF YOUR WIRELESS DEVICE IS NOT WITHIN RANGE OF AN AVAILABLE ACCESS POINT. EVEN WITHIN A COVERAGE AREA, THERE ARE MANY FACTORS THAT MAY IMPACT AVAILABILITY AND QUALITY OF THE WIFI SERVICE, INCLUDING NETWORK CAPACITY, TERRAIN, TREES, PLACEMENT OF BUILDINGS AND THE CHARACTERISTICS OF YOUR WIRELESS DEVICE AND ANY DEVICE TO WHICH IT IS ATTACHED. DATA DELAYS AND OMISSIONS MAY OCCUR.
WE MAKE NO WARRANTIES AS TO THE SECURITY OF YOUR COMMUNICATIONS VIA THE WIFI SERVICE OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR YOUR COMPUTER(S) OR OTHER DEVICES OR ONLINE WIRELESS COMMUNICATIONS. YOU AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES OR SUBSIDIARIES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “MEDIACOM PARTIES”) WILL HAVE ANY LIABILITY FOR ANY SUCH UNAUTHORIZED ACCESS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WIFI SERVICE IS AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR SECURING YOUR EQUIPMENT AND COMMUNICATIONS.
10. Limitation of Liabilities
IN NO EVENT (INCLUDING NEGLIGENCE) WILL MEDIACOM OR ANY OF THE OTHER MEDIACOM PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, INABILITY TO USE, OR THE QUALITY OF, THE WIFI SERVICE. FURTHER, OUR LIABILITY, AND THE LIABILITY OF THE OTHER TWC PARTIES, RELATING TO THE WIFI SERVICE WILL NOT EXCEED, AND YOUR EXCLUSIVE REMEDY FOR ANY LOSS, DAMAGE OR INJURY ARISING FROM YOUR USE OF THE WIFI SERVICE (REGARDLESS OF THE NATURE THEREOF) IS LIMITED TO, THE FEE(S) PAID BY YOU FOR THE WIFI SERVICE.
11. Indemnification
If a third party sues Mediacom based on your use, or the use of the WiFi Service under your WiFi Service account, you will indemnify Mediacom (in other words, make us whole) for any losses, including reasonable attorneys’ fees, that Mediacom suffers.
12. Changes to these Terms of Service
We reserve the right to change these Terms of Service at any time without prior notice to you by amending the online version posted on the WiFi Service website. Any such changes to the Terms of Service will be effective upon posting of the revised Terms of Service on the WiFi Service website. Your continued use of the WiFi Service following any change to these Terms of Service constitutes your consent to such change and your agreement to be bound to the Terms of Service as so modified.
13. Suspention or Termination of Rights
We may suspend, restrict or terminate your access to or use of the WiFi Service at any time and for any reason (including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service or your Mediacom Customer Agreement) and without prior notice to you, and you agree that we will have no liability to you as a result of such suspension, restriction or termination. We reserve the right to take any steps that we believe are necessary or appropriate to enforce and/or verify your compliance with these Terms of Service and, where applicable, the terms of your Mediacom Customer Agreement.
14. Miscellaneous
If a court or similar body determines that a portion of these Terms of Service is invalid or unenforceable, the remaining portion of these Terms of Service will remain in full force and effect. The invalid or unenforceable portion should be interpreted as closely as possible (consistent with the law in your area) so as to reflect the intention of the original. Except with our prior written consent, you may not transfer or assign to any other person (in other words, make another person legally responsible for) the rights granted by or your obligation to comply with these Terms of Service.
These Terms of Service, together with your Mediacom Customer Agreement (if applicable), constitute the entire agreement between you and Mediacom relating to the WiFi Service. You are not entitled to rely on any other agreements or undertakings relating to the WiFi Service.