Last Updated: July 30, 2024
Customer (“Customer,” “you” or “your”) agrees to be bound by this Residential Customer and User Agreement (“ User Agreement”) with respect to all residential services provided by Mediacom Communications Corporation, its subsidiaries and other affiliates (collectively, “Mediacom,” “we,” “us,” or “our”) (“Services”), and by the additional terms of Service and policies posted at https://mediacomcable.com/legal applicable to the Services to which you subscribe (including any related equipment) (“Additional Terms”). The User Agreement and Additional Terms together are referred to as the “Agreement”. If any Additional Terms conflict with any provision of the User Agreement, the Additional Terms specific to a Service will govern but only with respect to that Service. You may agree to terms and conditions of use with providers of third-party apps, content or services used in conjunction with our Services. Those agreements are between you and those third-parties and are not part of this Agreement.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION IN SECTION 16 THAT: (1) REQUIRES ALL DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS, WHICH INCLUDES A WAIVER OF A JURY TRIAL AND CLASS, COLLECTIVE AND REPRESENTATIVE ACTIONS; (2) LIMITS YOUR RIGHT TO BRING CLAIMS AGAINST MEDIACOM MORE THAN ONE YEAR AFTER THE RELEVANT EVENT(S) OCCURRED; AND (3) DESCRIBES YOUR RIGHT TO OPT OUT OF EITHER OF THE FOREGOING PROVISIONS. THESE PROVISIONS AFFECT YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPPECT TO ALL SERVICES.
This Agreement does not apply to Services provided under the Mediacom Business brand. Please refer to General Terms and Conditions for Mediacom Business General Terms and Conditions.
You are entering into a legally binding contract and represent that you are at least 18 years old. You accept this Agreement when you or anyone you provide access to our Services or equipment does any of these things (“Acceptance”):
The Agreement starts upon Acceptance and keeps going until you or we end it. You can cancel any or all Services at any time, for any reason, without extra fees by calling us at 855-633-4226 or visiting a local office. You can also manage many changes using your online account either on our website or using the Mediacom Xtream1 app. If you cancel a Service or elements of a Service that is part of a promotional offer, you may no longer be eligible to receive the promotional pricing and you will pay our standard rates then in effect. If you cancel all your Services, the Agreement ends, but you still have to pay any amounts you owe and return any Mediacom Equipment issued to you.
Mediacom can change the Services or the Agreement at any time, as allowed by law. We will post changes here . If a change is material, we will send you a notice at least 15 days in advance by email, mail, or a message on your bill. If you do not agree with a change, you may cancel any or all of your Services. If you keep using a Service after the change, it means you accept the new terms. Please check here regularly for updates to this Agreement.
Mediacom may offer Services at different prices and terms and can modify, discontinue or end offers at any time without prior notice. Not all Services or offers are available everywhere or to everyone.
You can order Services through the sales channels listed below:
4.2.1 All Services except Mediacom Mobile. You can order Services by visiting the Mediacom Shop, using the Mediacom Xtream1 app, calling 855-633-4226 or by visiting a local customer service location. You may be charged an activation fee for each service ordered.
4.2.2 Mediacom Mobile. You can order Services by visiting the Mediacom Mobile Shop, calling 855- 214-2078 or by visiting a local customer service location. You may be charged an activation fee for each line ordered.
Upon ordering Service(s), Mediacom may perform a credit check or review internal business records to determine whether you have any past due amounts or equipment. Mediacom may add, change, suspend or close any sales channel without prior notice.
When you order, we will create an account for you if you don’t already have one. You may also be required to also establish accounts directly with third parties who either manufacture Mediacom Equipment or provide elements of certain Services. Any information collected by these third parties is subject to their privacy policies, not Mediacom’s. Make sure to read and understand them. Mediacom makes no representations, warranties or guarantees regarding the accuracy of any claims made by such third parties.
Account Holders and Authorized Users. You can let other people make changes to your account by registering them as “Authorized Users.” Authorized Users can add, change or remove Services and see bills, Service usage and payment methods. When making changes, an Authorized User will have to provide identification in the form of your PIN, passcode or other identifying information that we use for authentication. You should take steps to protect your PIN or passcode. If someone seeks to make changes to your account and possesses the proper PIN or passcode, we will consider such changes to be authorized by you.
AI Agents cannot be an Authorized User. Unless we give you written permission, and then only in ways that we allow, which may change from time to time, you must:
If we determine that any activity was conducted other than by an authorized human, we may at our sole discretion deem it as unauthorized and reject, suspend, or reverse such actions and/or suspend or terminate access to your account and/or Service.
You understand, consent and agree that Mediacom (and its authorized agents) may call, text, email or otherwise communicate with you for any lawful purposes using live human, electronic agents (including those using artificial intelligence (“AI”)), pre-recorded, to talk to you about your account, Services or about collecting any unpaid amounts due to us or about recovering any Mediacom Equipment you are obligated to return. Subject to applicable law, Mediacom or its agents may for such purposes:
Read our Privacy Notice to understand the types of information about you that we collect and how we use it. By using our Services, you agree we can collect, use and retain, including in persistent storage as necessary, information: (i) about you and your use of the Services that we determine necessary to provide the Services to you, to tailor or enhance both Service offerings and to tailor Service offerings to you; (ii) that either you make available to us or our agents or that is publicly available, including without limitation on websites, applications and social media to be used in furtherance of our business; and (iii) about you and your use of the Services by or for AI and to use such information to develop, train, test, and improve AI systems or models. When specific consent is required for any of the collections or uses listed above, or for any additional collections or uses, we will obtain it prior to proceeding with the collection or use of such information.
You can use our residential Services for personal, non-commercial home use only. You cannot resell our Services or use them for anything illegal. You are responsible for how you and anyone using your account, authorized or not, uses the Services and for complying with this Agreement. Do not allow anyone to make unauthorized connections or modifications to our network or Mediacom Equipment. If Mediacom Equipment is stolen or our Services are used without permission, you must promptly notify us. We can, without prior notice limit, block, or stop your Service if we think it is being misused (including, without limitation, for illegal or fraudulent purposes) or if it could harm our network. The unauthorized reception of any Service may also result in criminal fines and/or imprisonment, and we reserve the right to report to law enforcement, without giving notice to you, any activity that we believe may constitute or lead to illegal conduct.
Access to Your Home. Sometimes, we or our agents need to come to your home to install, maintain, repair, or remove our Services, network or Mediacom Equipment. You agree to give us access to your property and home at reasonable times for these purposes. If you do not own your home, you need to get permission from the owner and, if we ask, give us evidence of such permission and their contact information. If we negligently damage something while working, we will fix it but otherwise are not responsible for damage.
Equipment and Inside Wiring. The Services require equipment to operate. Some Services need special equipment to work. If you use the wrong equipment, the Service might not work at all. Mediacom makes certain compatible equipment available for a monthly lease or we include it with certain Services (“Mediacom Equipment”). Alternatively, you may be able to purchase compatible equipment at retail, or through Mediacom (“Customer Equipment”).
You can use your own compatible devices purchased at retail (like modems or routers) with our Service. We make a list of compatible modems available but this list changes and a modem you purchase might become incompatible in the future. We may access your equipment as necessary to test, configure or update it and you authorize us to work on it, but we do not have an obligation to support or repair it. You are responsible for keeping your equipment in working condition. If you use equipment we do not recommend or that is incompatible with our network, we might not be able to help if something goes wrong. In some instances, we make devices available for sale. If you purchase any such items, they are Customer Equipment and we have no obligation to support or repair it beyond any express warranty period set forth in the documentation for the device.
8.2.1 Ownership and Restrictions. Any Mediacom Equipment belongs to us, even if you pay a fee for not returning it. You can only use it for our Services and only at your home address without specific permission from us. You agree not to move it or let someone else use it. You must return Mediacom Equipment in good condition either when we request its return or when your Service ends. If you do not timely return it, you will have to pay an unreturned equipment fee.
8.2.2 Third-Party Router/Gateway Use.
8.2.2.1. Mediacom Hotspots. Mediacom routers/gateways are preconfigured to distribute not only the wireless network in your home (“Home Network”) but a second network for use by other Mediacom customers (such as Mediacom Mobile Service subscribers) and other authorized users (“Mediacom Hotspot”). Your Home Network is encrypted and has separate security settings from the Mediacom Hotspot. Your primary connection in your home by devices using your login credentials will be to the Home Network. You cannot simultaneously connect to your Home Network and the Mediacom Hotspot. Any data use over the Mediacom Hotspot will not count towards any data usage measurements applied to your Service. If you prefer not to have the Mediacom Hotspot functionality active on the router or gateway in your home, you can deactivate it by contacting us at 1-855-633-4226].
8.2.2.2. Limits on Use. If Mediacom provides a router/gateway in your home, unless you subscribe to one of Mediacom’s Internet Services, you agree not to use it to access the Internet.
Wires inside your home belong to you (or your landlord). You must keep them in good condition to avoid disruption to your Service and our network. If we have to repair or replace any of those wires, you will be billed for that work in accordance with our standard rates for such work. Wiring outside your home is owned by Mediacom and you agree to allow any of the Mediacom-owned wires to remain, even if you are not currently receiving any Services.
Standard rates and charges are the prices established for Services, Mediacom Equipment and other charges (like activation, installation, repair service and other non-recurring charges), without discounts or promotions. Standard rates may vary by location. Service rates are for receipt of the Service for one month. You can view our current standard rates here. Our standard rates may change from time to time. If you use your Service to receive third-party services (like streaming services) that are not offered through Mediacom, you may be charged by that third party, and you must pay them directly. Mediacom is not responsible for any content, agreement terms or any other aspect of your relationship with any third party.
We may offer discounted rates for limited periods of time as part of promotional offers. Not all promotional offers are available everywhere or to everyone. Promotional offers may have extra requirements or limitations – read the offer’s terms and conditions – and may be modified, discontinued or withdrawn without prior notice. If you signed up for a promotional offer and cancel a Service during the promotional period, you might lose your discount and pay the standard rate for any Services you keep (see the promotion’s terms and conditions for details). After a promotion ends, you will pay the standard rate then in effect unless Mediacom offers a further discount.
If you do not pay on time, we may charge late fees, suspend your Service, and send your account to a collection agency. If we incur additional costs, including, but not limited to attorney fees, to collect, past due amounts, you agree to reimburse us for those costs.
We may ask for a deposit when you start or add Services, or if you have not paid on time. When you cancel your service, we will refund the deposit after deducting any unpaid amounts, including but not limited to, unreturned equipment fees.
If you think there is a mistake on your bill you must contact us within 60 days. After that, you will not be able to dispute the charge.
We will send you a bill each month, either on paper to the billing address or electronically to the email address on your account. You can always view your bill online by logging into your MYACCOUNT. Some Services and promotional offers require that you enroll in autopay and paperless billing (see Section 11 for autopay and paperless billing details) and we reserve the right, to the extent not prohibited by applicable law, to require enrollment in autopay and paperless billing. Mediacom Mobile Services will be billed separately from the other Services you receive from Mediacom. When adding a Service, we may require you to pay for the first month, equipment, or installation before we activate your Service. We bill for Services in advance but for non-recurring, per-use activity (like pay-per-view or repair services), we bill after you use them. If you make changes to your Services in the middle of a billing cycle, the new Services and associated charges (as well as any changes in taxes or surcharges) will apply for the remainder of that billing cycle and all future billing cycles until you cancel or change your Services. In addition to our rates and charges, bills will also include all applicable taxes, fees, surcharges and governmental assessments.
You agree to pay the amount of your monthly bill on or before the due date. You can pay by cash (at authorized locations during normal business hours), credit card, debit card, check, or electronic funds transfer (“EFT”). If you make payment by check, you authorize Mediacom to collect the payment electronically. You may not amend or modify this Agreement with any restrictive endorsements (such as "paid in full"), releases, or other statements on or accompanying any payment accepted by Mediacom; any of these notations shall have no legal effect. You are responsible for any payment processing fees incurred when using a third party to process your payments to Mediacom.
Whether paying by check, credit card, our Electronic Bill Payment Service (see Section 11), or any form of EFT from a bank account (including via a debit card), you hereby authorize Mediacom to collect any declined amount electronically from the subject account. If initially rejected, Mediacom will make additional multiple attempts to execute such electronic payment for up to 30 days following the initial refusal. At the end of the 30-day period, if there has not been a successful payment then Subscriber's Electronic Bill Payment Services will be terminated, and reenrollment may be necessary for continued participation. We may still attempt obtain payment from your bank account or credit card after your service has been terminated. Each time your payment method is declined by your financial institution or credit card issuer for any reason (for example, not enough money in your account or you have exceeded your credit limit) and they charge us fees, you agree to reimburse us those fees.
If you fail to pay on time, we reserve the right to suspend, limit or terminate your Service(s).
You may elect to make a one-time payment to be applied against the balance of your monthly billing statement through an electronic funds transfer or a debit or credit card charge. You may also elect to pay the balance of your monthly billing statement on a recurring basis, including charges that are due immediately, by enrolling in the Autopay Service (collectively, the Electronic Bill Payment Services or EBPS). Mediacom Mobile Service subscribers must enroll in the EBPS as a condition to receiving Mediacom Mobile Services. In the event of a conflict between the provisions of this Section and any other provision of this Agreement, this Section 11 shall control.
By electing the one time pay service, you authorize Mediacom to charge/debit the bank account, debit or credit card that you designated (“Payment Method”) to make a one-time payment in the amount requested by you.
By enrolling in the Autopay Service, you authorize Mediacom to charge/debit electronically your Payment Method each month to pay the balance due on your account on the due date shown on your monthly bill statement, including charges that are due immediately. Mediacom will continue to charge/debit your Payment Method each month unless you cancel your authorization at least three (3) business days before the next scheduled payment date.
11.3.1. By using the EBPS, you (i) represent that you are legally authorized user of the Payment Method and (ii) authorize Mediacom to store your Payment Method for future payments. You are responsible for ensuring that the Payment Method information is current and accurate at all times. You must notify Mediacom of any change in the Payment Method at least three (3) business days before the scheduled due date shown on your monthly billing statement for the month in which you want to make the change. If the change is made after this time, the change will not take effect until the following billing cycle for your monthly billing statement. If you are enrolled in the Autopay Service and the initial payment fails, you may be charged an applicable payment failure fee in addition to your past due balance. You will remain responsible for taking appropriate actions to ensure that your monthly billing statements are paid when due.
11.3.2. Mediacom will notify you prior to the payment due date. The amount shown as due on the monthly billing statement will constitute notice of any difference in amount paid in the previous month. The balance shown as due on your statement view will be deducted on or around the payment due date.
11.3.3. You have the right to cancel the recurring Autopay Service with Mediacom at any time, except for those services where use of the Autopay Service is required. Any cancelation of your authorization to pay amounts due through the Autopay Service will not take effect until after receipt by Mediacom and will result in the discontinuance of automatic bill payment(s) through the Autopay Service. After cancelation of the Autopay Service, you will be responsible for taking appropriate action to pay all amounts due as set forth on your billing statement.
11.3.4. You should receive an email confirming your enrollment in the Autopay Service and should retain a copy for your records.
11.3.5. You must notify Mediacom of any change in account information or Payment Method. You can update account or Payment Method information in your MYACCOUNT or while speaking with one of our service representatives. It may take at least one billing cycle to update your new Payment Method, but you remain solely responsible for ensuring that payments during any transition period are made when due. The EBPS are provided for personal, non-commercial use only, and you are prohibited from using these services for any illegal activity or purpose, including payment fraud or identity theft.
11.3.6. You agree that Mediacom may provide you legal notices regarding the EBPS, payments made, and other relevant information or records attributable to your payment transactions electronically. You may not revoke consent to receive such electronic notice, records, or disclosures.
11.3.7. It is your responsibility to protect the confidentiality of any username or password used in connection with the EBPS. You shall not provide access to the EBPS to anyone other than household members or delegated authorized human users. If you believe your password or other means to access the Electronic Bill Payment Services has been lost, stolen, or otherwise compromised, you must notify Mediacom immediately at 855-633-4226.
11.3.8. Mediacom shall have no liability or responsibility for its inability to process or receive payments you make or attempt to make using the Electronic Bill Payment Services or otherwise to perform its responsibilities under this Section 11 in the event circumstances beyond Mediacom's control prevent Mediacom from doing so or otherwise affect Mediacom's ability to do so.
11.3.9. You are responsible for all fees and costs related to maintaining a valid Payment Method including processing charges or annual costs.
11.3.10. Your use of the EBPS, whether through Mediacom’s websites, interactive voice response systems or through any other means, is for your exclusive personal use. No payment processor or any other third party (human or otherwise) may use the EBPS to make payments on behalf of you without Mediacom’s written consent. Any attempt to do so will be considered an unauthorized interference with the intended operation of the EBPS and may result in Mediacom’s failure to process or accept payments from you.
MEDIACOM'S SOLE AND ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR THE PROCESSING OR DEDUCTION OF AN INCORRECT TRANSFER OF FUNDS HEREUNDER SHALL BE THE RETURN TO YOU OF THE IMPROPERLY TRANSFERRED FUNDS. FOR THE AVOIDANCE OF DOUBT, THIS SECTION 11 DOES NOT LIMIT ANY NON-WAIVABLE RIGHTS SUBSCRIBER MAY HAVE UNDER APPLICABLE LAW.
Unless provided otherwise by applicable law, you can cancel any Service by giving us at least seven (7) days advance notice. To cancel, call us at 855-633-4226 or visit a customer service location. Some Services can be modified or canceled through your online account or using the Mediacom Xtream1 app. You will keep getting billed until your Service is disconnected.
We can stop or end your Service at any time, for any reason. We may also remove any information stored with your Service (like emails or voicemails).
When Service ends, you must stop using the Service and pay any amounts you owe and return all Mediacom Equipment within seven days. If you do not return your Mediacom Equipment, you will have to pay an unreturned equipment fee. Visit our website or call us for instructions on how to return your Mediacom Equipment.
TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY OF OUR SERVICE PROVIDERS, AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS, BUSINESS PARTNERS (INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES) (COLLECTIVELY, THE “RELEASED ENTITIES”) WARRANT THAT ANY COMMUNICATIONS WILL BE TRANSMITTED IN UNCORRUPTED FORM, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF PERFORMANCE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND EXCLUDED, UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.
We are not responsible for any damage to your equipment, lost data, or problems caused by software, including but not limited to malware, viruses, coding errors or updates (“Software Exposures”) —even if you use our Services or Mediacom Equipment. If we make a mistake or something goes wrong, we may fix it, but we won’t pay for lost profits, business, or other damages.
You are responsible for backing up your files and protecting your data and equipment from damage from Software Exposures.
If your Service is interrupted for more than 24 hours, you can ask for a credit for the time you lost, limited to the portion of your monthly Service fee allocated to the outage (if your Service was out for one day of a 30-day billing cycle, your credit would be 1/30th of your fee). This is your sole remedy. In no event will Mediacom be liable for any costs, losses or damages resulting from any interruption or degradation of any Service. We are not responsible for interruptions caused by things outside our control, like weather, power outages, accidental damage or other people’s actions.
If you use services or equipment from other companies, we are not responsible for any problems they cause even if the third-party was suggested, promoted or recommended by Mediacom or if we facilitated procurement, installation or receipt of such services.
Some states may not allow us to limit our responsibility as much as we do here. In those cases, we follow the law in your state.
YOU MUST INITIATE ANY PROCEEDING OR ACTION WITHIN ONE (1) 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 ON SUCH EVENTS OR FACTS. FOR BILLING DISPUTES, SUBJECT TO APPLICABLE LAW, YOU MUST NOTIFY US WITHIN 60 DAYS OF THE DATE ON THE BILL YOU ARE DISPUTING OR YOU WAIVE THE RIGHT TO DISPUTE THE BILL.
THIS BINDING ARBITRATION PROVISION SAYS THAT YOU AND MEDIACOM AGREE TO RESOLVE CERTAIN DISPUTES INVOLVING MEDIACOM (INCLUDING ITS SUBSDIAIRIES AND AFFILIATES AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES) 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.
You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these provisions.
You and Mediacom agree to use best efforts to informally resolve any dispute, claim, question or disagreement (“Dispute”) that may arise between the parties (including affiliates and their respective officers, directors, employees, agents, contractors and representatives). 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.
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.
16.3.1. What is Arbitration? 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.
16.3.2. Opting-Out of Arbitration. You may opt out of binding arbitration by giving us written notice within thirty (30) days after the date you accept or are deemed to have accepted this Agreement (“Opt-Out Notice”). Your Opt-Out Notice must be mailed to “Arbitration Opt-Out, Mediacom Communications Corporation, 1 Mediacom Way, Mediacom Park, NY 10036” or sent via email (with delivery confirmation) to mcc.legal@mediacomcc.com and include your full name, mailing address, email address, the date of the Opt-Out Notice and sufficient information to identify your account. You must retain a copy of and proof of sending it to us.
16.3.3. TIME LIMIT ON COMMENCING ARBITRATION. 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.
16.3.4. How to Commence Arbitration. 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". We will, of course, pay any fees or costs required under the law where you live.
16.3.5. 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.
16.3.6. Right 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 16 shall be construed 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.
16.3.7. 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 YOUR 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); (4) ANY DISPUTE THAT CAN ONLY BE BROUGHT BEFORE THE LOCAL FRANCHISE AUTHORITY UNDER THE TERMS OF THE FRANCHISE; AND (5) WHERE YOU HAVE A STUTORY RIGHT TO BRING AN ACTION IN FEDERAL DISTRICT COURT.
16.3.8. Severability. Should any term or provision in this Section 16 be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section 16 or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision in this Section 15 is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Section 16 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.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND EACH RELEASED ENTITY HARMLESS FROM AND AGAINST ANY DAMAGES, LOSSES, OR EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COSTS) INCURRED IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS, AND CAUSES OF ACTION ARISING OUT OF (a) YOUR USE OF THE SERVICES OR THE CUSTOMER EQUIPMENT; (b) YOUR ACTUAL OR ALLEGED VIOLATION OF APPLICABLE LAW; (c) YOUR FAILURE TO NOTIFY US OF A CHANGE IN OR THE INACCURACY OF THE INFORMATION YOU PROVIDED (INCLUDING, FOR EXAMPLE, CLAIMS UNDER THE TELEPHONE CONSUMER PROTECTION ACT AND RELATED REGULATIONS); AND (d) YOUR BREACH OF THIS AGREEMENT OR ANY APPLICABLE POLICIES.
All Services, information, documents, materials, firmware, and software we provide are protected by trademark, copyright, patent, and other intellectual property laws and international treaty provisions. You are granted a revocable license to use our firmware and software in object code form (without making any modification thereto) strictly in accordance with this Agreement. You have no other license to use firmware or software embedded in or used to provide the Services. You must not take any action nor allow anyone else to take any action that will reverse compile, disassemble, reverse engineer, or otherwise attempt to derive the source code from the binary code of the firmware or software. All of our and our affiliates’ websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively “Marks”) are and will remain our and our affiliates’ exclusive property. Nothing in this Agreement grants you the right or license to use any of the Marks.
In addition to other representations and warranties, you represent and warrant that you have provided us with information that is accurate, complete, and current. For example, you must provide us with your accurate, complete, and current legal name, address (including postal address such as apartment, unit, suite number, etc., where applicable and email address), telephone number(s), and payment information. You agree to promptly update your contact information to keep it accurate and complete and failure to do so may result in cancellation of some or all of your Services. YOU ARE RESPONSIBLE FOR MAINTAINING THE ACCURACY OF YOUR INFORMATION, EVEN AFTER TERMINATION OF THIS AGREEMENT, UNTIL YOU PAY ALL AMOUNTS DUE AND RETURN ALL MEDIACOM EQUIPMENT. FAILURE TO DO SO IS A BREACH OF THIS AGREEMENT. You represent and warrant that you will comply with all applicable laws, including export rules.
We are not responsible for any information provided by you to third parties whether directly or through voluntary interaction while using a Service, including credit/debit card or banking information, and this information is not subject to the privacy provisions of this Agreement or our Privacy Statement. You assume all privacy, security, and other risks associated with providing any information, including customer proprietary network equipment or personal information, to third parties via the Services. For a description of the privacy protections associated with providing information to third parties, you should refer to the privacy policies, if any, provided by those third parties.
You may not assign your right to use the Services without our authorization. You may not assign your rights and obligations under this Agreement. We may freely assign this Agreement, any of our rights and obligations, or any amounts you owe us, without notifying you.
We may decide not to enforce our rights or exercise a remedy under this Agreement in a specific instance. This will not be a waiver of our rights or remedies. Nothing contained in this Agreement limits our rights and remedies available at law or in equity. If this Agreement terminates, we (and the Released Entities) reserve the right to delete all of your data, files, electronic messages, voicemails, user account names, email addresses, IP addresses, websites, or other information that are stored and/or used with the Services. If you cancel Voice without porting your service or telephone number to another service provider, you will forfeit the telephone number. We and the Released Entities will not be liable for the loss of any data, information, or phone numbers.
This Agreement, any additional terms related to the Services, and any other documents incorporated into this Agreement by reference, form the entire agreement between you and us. No other written or verbal agreements between us have any legal force or effect. If any part of this Agreement is found invalid or unenforceable, that part will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties. The remainder of the Agreement shall be considered severable and shall not be affected by such determination, and the rights and obligations of the Parties will remain in effect. Neither the course of conduct between us, nor trade practice, can modify this Agreement.
If our local office or call center representatives cannot resolve your problem to your satisfaction, you may email us at totalcare@mediacomcc.com or write to the Mediacom corporate offices at 1 Mediacom Way, Mediacom Park, NY 10918, Attention: SVP, Customer Service. If you experience a problem with your Services, please contact us first at 855-633-4226 and give us an opportunity to resolve your problem.
The following sections shall survive the termination of this Agreement: Sections 5 (Consent to Communications and Data Collection), 8 (Equipment and Inside Wiring), 9 (Rates, Charges and Billing), 10 (Payment and Payment Methods), 11 (AutoPay and Recurring Payments through Electronic Bill Payment Service), 12.3 (What You Must do When Service Ends), 14 (Limitation of Liability), 15 (One Year Limitation Period), 16 (Binding Arbitration and Class/Collective/Representative Action/Relief Wavier) and 17 (Indemnification).
Mediacom Mobile Service includes calling, texting, data, and extra services you choose, like international calling, which may cost more (“Mobile Service”). More details about your Mobile Service are available in the offer you received when you sign up or on the Mediacom Mobile website.
Mediacom may make Mobile Service available with different terms, prices, and conditions for use (“Mobile Plan”) and may limit how many lines you can have on your account or under each Mobile Plan.
You can use Mediacom Mobile Service anywhere within the Mediacom Mobile Service coverage area and in some international locations if you purchase.
To sign up for Mobile Service, you must: (i) have Mediacom internet, cable television or home phone service; and (ii) live in a Mediacom service area (“Initial Eligibility Requirements”). If you cancel your Mediacom internet, cable television or home phone service, or you no longer live in a Mediacom service area, you may keep your Mobile Service (as long as you live within the continental United States), but your price may change, and you may have to pay a monthly surcharge.
All Mobile Service plans include unlimited talk and texting but have different data usage terms. Our unlimited data plans allow you to use any amount of data for each line, up to the amount consistent with typical residential household use. Our by-the-gig plans allows for 1 GB of data for each line. If you use all of that data during a billing cycle, you will automatically get another 1 GB block and will be charged for it. Mediacom may but is not required to provide you with data-usage alerts prior to exceeding each 1 GB block. We may limit the amount of additional data blocks you can buy during any billing cycle. Under any plan, if your data usage is inconsistent with normal residential, is in breach of this Agreement or your use or is so excessive that it impairs our network operations, we may without prior notice slow your data speeds, limit or suspend your data usage or move you to a different plan.
General requirements. 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 form Mediacom or another reseller as detailed in the “Bring your own device” section, below.
Devices from Mediacom. If you buy a Device from Mediacom, you agree to use it with our Mobile Service and not to resell or change it. We may change or update your Device’s software remotely and without notice. During an update, you cannot use your Device, even for emergencies, and the update may change or erase your data. If you return your Device to Mediacom for warranty or protection replacement, we may reset it. You should delete all your data and remove passwords before giving it to us. If you do not, you are responsible for anything that happens with the data left on the Device. Some Devices bought from Mediacom may only work on Mediacom’s network. They may not work with another carrier unless you cancel your Mobile Service and pay all amounts owed.
Bring your own device. You may use a Device you already own or buy one another source, as long as the Device: (i) is not active with another wireless provider; (ii) is unlocked; (iii) meets Federal Communications Commission regulations; (iv) is approved for use on the Mediacom network; (v) works with our Mobile Service (the requirements of which may change from time to time); and (vi) is not reported lost, stolen or involved in fraud. The Device work differently than the same model bought from Mediacom because of different software or settings. We cannot help with the manufacturer’s warranty or technical support for those Devices and you agree not to hold Mediacom responsible for any losses or claims related to that Device.
No Device warranties. Regardless of its source, we cannot guarantee that your Device will always work perfectly, or that it won’t need updates, changes or replacement. You agree that Mediacom is not responsible for defects or problems with how your Device works.
Device protection. You can buy a Device Protection Plan when you sign up for Mobile Service. A Device Protection Plan may help you repair or replace your Device or get technical support. These plans usually cover problems that the manufacturer’s warranty does not, like loss, theft, or accidental damage Some plans may also cover certain issues after the manufacturer’s warranty runs out. You can also choose to buy a protection plan or insurance from another company instead of Mediacom.
Lost or stolen Devices. If your Device is lost or stolen, you must tell us as soon as you can so that we can suspend your Mobile Service for that Device. You won’t be charged for Mobile Service for that Device while it is suspended. If you don’t report your Device missing, any use of it will continue as your responsibility. We may also add the Device to a national lost and stolen list so it can’t be used on any network. If your Mobile Service stays suspended for 30 days and don’t contact us to activate a new Device, we will turn your Mobile Service back on and you will be responsible for any new charges. If you live in California and haven’t received a courtesy suspension in the past year, you can get one for up to 30 days or until you replace or recover your Device, whichever comes first.
You are “roaming” when your phone uses another mobile carrier’s network. Roaming coverage can change because it depends on agreements with other carriers thus some features may not work, and your coverage may vary. Roaming may also cost extra, in the U.S. or in other countries, depending on your Mobile Plan. If you will use your Mobile Service outside of the U.S., you should consider adding international service to your Mobile Plan [click here to see current options]. Sometimes Mediacom receives roaming usage records after your billing cycle has ended. If that happens, any charges resulting from roaming will be added to the next bill and data used during roaming may count against any data usage limits which, if exceeded, could result in additional charges.
International calling from the U.S. may be included in a Mobile Plan or added for an extra cost. It allows you to make calls from the U.S. to countries on the international calling list. The price will depend on the country you are calling and whether you are calling a mobile phone or a landline. [click here to see current calling list, options and full disclosures]. Incoming international text and picture messages (SMS/MMS) are charged the same as messages you receive from U.S. numbers. For international messages you send, the price is a fixed rate no matter where you send the message. Mediacom may turn off your international calling or texting if your usage suddenly becomes much higher than your normal usage and could lead to large charges. If this happens, Mediacom will try to contact you and may require prepayment before turning international calling or texting back on.
Many things can affect the availability of coverage of your Mobile Service, such as bad weather, hills or buildings, network issues, heavy usage by other people, weak signal strength, your Device’s technology, and interference from other devices. These factors can cause slower speeds, dropped calls, or poor service quality. Service outages can also happen. Problems with coverage may also affect E-911 and GPS because they rely on both the network and your Device’s ability to pick up signals. You can view Mediacom’s coverage maps on our website. Coverage maps can help you understand where service is available, but they are only estimates. 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 Device will prioritize connection to public or private Wi-Fi networks and hotspots before using a cellular connection. To accomplish this and improve performance, Mediacom collects data about your Device. If your Device is using a network that Mediacom does not control, that network’s rules or management practices may also affect your service. Mediacom is not responsible for any problems that affect the availability, speed, quality, or performance of Mobile Service.
Your Wi-Fi connection can be affected by your Device, interference, your distance from the Wi-Fi hotspot, and how many people are using it. Your Device may automatically connect to Wi-Fi networks, including your home Wi-Fi. You can turn off automatic Wi-Fi connection in your Device settings. Doing so may limit some Mobile Service features and may increase your cellular data use, which could raise your bill.
IMPORTANT: IF YOUR MEDIACOM HOME INTERNET SERVICE HAS A DATA ALLOWANCE, ANY DATA YOUR DEVICE USES WHILE CONNECTED TO YOUR HOME WI-FI WILL COUNT TOWARDS YOUR MONTHLY MEDIACOM INTERNET DATA ALLOWANCE SEE “ADDITIONAL TERMS & CONDITIONS INTERNET SERVICE PLAN OFFERINGS AND TERMS” FOR FULL DETAILS REGARDING MONTHLY DATA ALLOWANCES.
Either Mediacom or the cellular network operator may change the network at any time. This can include changes to speed, traffic priority, or how your service works. Mediacom will try to give advance notice if we think a change will significantly affect your Mobile Service, but we are not required to do so.
If your Device has location features turned on, you can use services that rely on your location (“Location Based Services”). These Location Based Services may use GPS, nearby Wi-Fi, or the cellular network to help with things like 9-1-1 and other optional features. Your ability to use these services can be affected by numerous factors including weather, buildings, hills, weak signals, or proximity of Wi-Fi networks. Mediacom’s Privacy Notice explains how information from your Device may be used or shared, so you should review it carefully. Mediacom or its service providers may use location information from your Device and sell or share it, but only on an aggregated and anonymized basis. Some Location-Based Services may also include controls, like parental controls. If you are the Account Holder, you must tell any authorized user that their Device can be located or may have restrictions. Mediacom is not responsible for any injuries or damage caused by these services or if they do not work correctly.
PLEASE READ THIS SECTION CAREFULLY. IT EXPLAINS IMPORTANT LIMITS ON 911 SERVICE AND YOU MUST SHARE THESE LIMITS WITH ANYONE WHO USES YOUR MOBILE SERVICE.
When you call 9-1-1, you may need to tell the operator your exact location. Depending on your Device and the local 911 system, the dispatcher may not automatically know your location. Even when Enhanced 911 (E911) is available, it may not be accurate if you are indoors or can’t get a GPS signal. Your Device must have power and a network or satellite connection for a 911 call to be placed.
Calls to 911 using Wi-Fi calling or VoIP may not work the same as calls made over a cellular network. Your call could go to the wrong 911 center or show incorrect location information. These services may rely on a service address you have Mediacom, so you must keep that address up to date. Whenever possible, you should use a cellular connection or a landline to call 911.
If you use third-party apps or services, their 911 features may not work the same—or may not work at all. You agree that Mediacom is not responsible if a 911 call fails, is routed incorrectly, or provides inaccurate location information.
Transferring your current number to Mediacom Mobile Service. You may choose to bring (“port in”) your phone number from another carrier, and some promotional offers may require you to do so. If you port-in a number, Mediacom cannot activate your Mobile Service until your old carrier releases your number. Mediacom does not control how long this process takes. Your number can only be ported-in if your service with the old carrier is still active, and some numbers--like 500, 800, 888, 900 and Google voice phone numbers—cannot be transferred at all.
Getting a new number/SIM card from Mediacom. If you do not bring a number from another carrier, Mediacom will assign you a new wireless phone number. You cannot choose your own number. You do not own the phone number, SIM card, or any other IDs Mediacom assigns to you, and Mediacom may change them if needed. The SIM card and its software belong to Mediacom’s suppliers, who may update it any time. They are not responsible for any losses or problems related to your service. You agree to protect your SIM card. You may not give it to unauthorized people or try to change, copy, or tamper with it. If you do, Mediacom may end your Mobile Service without notice.
Transferring your number to another carrier. You may also move your number from Mediacom to another carrier. Doing this will cancel the Mobile Service for that line, and you must still pay any charges you owe. Once you request a transfer, Mediacom cannot stop that process.
Mediacom offers two types of Internet Services: wired Internet (“Xtream Internet”) and fixed wireless Internet (“Bolt Internet”) to individual residential customers to which these additional specific terms apply. These additional terms do not apply to bulk residential plans and business plans that follow the terms in their own contracts. Internet speeds depend on the Service level that you select, however, speeds are not guaranteed.
Your use of Internet Service may not violate Mediacom’s Acceptable Use Policy (“AUP”) and cannot restrict, inhibit, interfere with or otherwise disrupt or cause disruption to or performance degradation of other users, or impair or threaten to impair the operation of Mediacom’s systems, Services or network.
Some Internet plans include a certain amount of data usage, which if exceeded, may result in additional charges. Additional Terms and Conditions for those plans apply.
The Service sends Internet wirelessly to your home from Mediacom’s towers. Many things can affect how well your Service works, including, network traffic, hills or buildings, trees, weather, interference from other transmissions and the strength of the signal. Moving or changing where it is placed, or new building being built nearby can also affect how well the Service works. Because of these limits may appear to be available at the time of ordering but may not be available when installation is scheduled or even after it is installed.
The Service does not work with some devices or systems that use analog technology (including some alarm or security systems, fax machines, medial alert devices, credit card machines, IP/PBX phone systems, or dial-up internet). It may also not work with DVR or Satellite systems. The Service does not provide public IP addresses. Because of this, some services may not work, such as web hosting, certain security camera systems, gaming systems, or peer-to-peer file sharing.
THE SERVICE MAY BE INTERRUPTED, SLOW OR LIMITED FOR MANY REASONS, INCLUDING WEATHER, LACK OF AVAILABLE RADIO CHANNELS, NETWORK CAPACITY, NETWORK MANAGEMENTOR EMERGENCY PRIORITY FOR GOVERNMENT AGENCIES. MEDIACOM IS NOT RESPONSIBLE FOR ANY SUCH INTERRUPTIONS, DELAYS OR LIMITATIONS OR ANY CONSEQUENCES OR DAMAGES FLOWING THEREFROM