CoxCom, Inc. and its local affiliates and/or distribution partners (collectively "Cox") are
pleased that you have chosen Cox® High Speed InternetSM service (the
"Service"). Our goal is to provide you with an enriched, high-quality
Internet experience. This Acceptable Use Policy (the "AUP") has been
designed to protect our Service, our subscribers, and the Internet community,
from inappropriate, illegal or otherwise objectionable activities. Please read
this policy prior to accessing the Service. All users of the Service must abide
by this AUP. Your violation of this AUP may result in the immediate suspension
or termination of either your access to the Service and/or your Cox account.
This AUP should be read in conjunction with our Internet Subscriber Agreement,
Privacy Policy, and other applicable policies.
By using the Service, you agree to
abide by, and require others using the Service via your account to abide by the
terms of this AUP. You should consult this document regularly to ensure that
your activities conform to the most recent version. IF YOU DO NOT AGREE TO BE
BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP THE USE OF THE SERVICES AND
NOTIFY THE COX CUSTOMER SERVICE DEPARTMENT SO THAT YOUR ACCOUNT MAY BE CLOSED.
Prohibited Activities. You may not use the Service in a manner that violates any applicable local, state, federal or international law, order or regulation. Additionally, You may not use the Service to:
Conduct, participate in, or otherwise facilitate pyramid or other illegal soliciting schemes.
Take part in any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature.
Invade another person's privacy, stalk, harass, or otherwise violate the rights of others.
Post, transmit, or disseminate content that is illegal, threatening, abusive, libelous, slanderous, defamatory, promotes violence, or is otherwise offensive or objectionable.
Restrict, inhibit, or otherwise interfere with the ability of any other person to use or enjoy the equipment or the Service, including, without limitation, by posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, Trojan horse, cancelbot, or other harmful feature.
Collect or store personal data about other users.
Use an IP address not assigned to you.
Violate any other Cox policy or guideline.
Resell or redistribute the Service to any third party via any means including but not limited to wireless technology.
Harm to Minors. You may not use the Service to harm or attempt
to harm a minor, including, but not limited to, by hosting, possessing,
disseminating, or transmitting material that is unlawful, including child
pornography or obscene material.
Intellectual Property Infringement. You may not use the
Service to post, copy, transmit, or disseminate any content that infringes the
patents, copyrights, trade secrets, trademark, or propriety rights of any
party. Cox assumes no responsibility, and you assume all risks regarding the
determination of whether material is in the public domain, or may otherwise be
used by you for such purposes.
User Content. You are solely responsible for any information
that is transmitted from your IP address or your account on the web or other Internet services.
You must ensure that the recipient of the content is appropriate and must take appropriate
precautions to prevent minors from receiving inappropriate content. Cox reserves the right
to refuse to post or to remove any information or materials from the Service, in whole or
in part, that it, in Cox's sole discretion, deems to be illegal, offensive, indecent, or
otherwise objectionable.
Commercial Use. The Service is designed for personal, non-business
related use of the Internet and may not be used for commercial purposes. You may not resell or
otherwise charge others to use the residential Service. You agree not to use the Service for
operation as an Internet service provider, or for any other business enterprise, including,
without limitation, IP address translation or similar facilities intended to provide additional access.
Cox Business Services offers commercial Internet services.
Servers. You may not operate, or allow others to
operate, servers of any type or any other device, equipment, and/or software
providing server-like functionality in connection with the Service, unless
expressly authorized by Cox.
Misuse of Service. You are responsible for any misuse
of the Service that occurs through your account or IP address. You must therefore take steps
to ensure that others do not gain unauthorized access or misuse the Service.
Hacking/Attempted Unauthorized Access. You may not use the Service
to breach or attempt to breach the security of another user or attempt to gain access to any
organization or person's computer, software, or data without the knowledge and consent of such
person. The equipment and the Service may not be used in any attempt to circumvent the user
authentication or security of any host, network or account. This includes, but is not limited
to, accessing data not intended for you, logging into or making use of a server or account you
are not expressly authorized to access, or probing the security of other networks or computers
for any reason. Use or distribution of tools designed for compromising security, such as password
guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited.
Security. You are solely responsible for the security of any
device connected to the Service, including any data stored on that device. Cox recommends
that you take appropriate security precautions for any systems connected to the Service.
You are responsible for securing any wireless (WiFi) networks connected to your Cox service.
Any wireless network installed by the customer or a Cox representative, that is unsecured or
"open" and connected to the Cox network, will be deemed to be operating as an ISP and subject
to the prohibition on Commercial Use set forth in Section 5 herein. You authorize Cox to
use measures to detect unsecured wireless networks associated with your Service.
Disruption of Service. You may not disrupt the Service in
any manner. You shall not interfere with computer networking or telecommunications services
to any user, host or network, including, without limitation, denial of service attacks,
flooding of a network, overloading a service, improper seizing and abuse of operator
privileges or attempts to "crash" a host.
Viruses, Trojan Horses, Worms and Denial of Service Attacks.
Software or other content downloaded from the Service may contain viruses and it is your sole
responsibility to take appropriate precautions to protect your computer from damage to its
software, files and data. You are prohibited from posting, transmitting or disseminating any
information or software that contains a virus, Trojan horse, spambot, worm or other harmful
program or that generates levels of traffic sufficient to impede others' ability to send or
retrieve information. Prohibited conduct of this type includes denial of service attacks or
similarly disruptive transmissions, as well as transmissions containing other harmful or
malicious features. We may suspend your Service if we detect a harmful program in order to
allow you to take measures to stop the harmful program.
Electronic Mail. You may not use the Service to
send bulk, commercial or unsolicited ("spam") email messages. Any unsolicited email, originating
from any source, must not direct recipients to any website that is part of our Service, such
as personal web pages, or other resources that are part of the Service. The Service may not
be used to collect responses from unsolicited email sent from accounts on other Internet
hosts or email services that violate this Policy or the acceptable use policy of any other
Internet service provider. In addition, "mail bombing," the sending of numerous copies of
the same or substantially similar messages or very large messages or files with the intent
to disrupt a server or account, is prohibited.
You may not reference Cox in the header or body of an unsolicited email, or list an IP address
that belongs to the Cox network in any unsolicited email. Further, you may not take any action
which implies that Cox is the sponsor of any unsolicited email even if that email is not sent
through the Cox network. Further, forging, altering or removing electronic mail headers is prohibited.
If the Service is disconnected, whether voluntarily or by termination, all user names and
associated electronic email addresses may be immediately released for reuse. Upon disconnection,
any mailbox contents may be immediately deleted or held in a locked state. Addresses and email
may be held until Cox deletes them as part of its normal policies and procedures. There is
no obligation for Cox to retain or make any user name, email address or stored email
retrievable once the Service is disconnected.
Bandwidth, Data Storage and Other Limitations.
Cox offers multiple packages of Service with varying speeds and features and bandwidth usage
limitations (not all packages are available in all areas). You must comply with the current
bandwidth, data storage, electronic mail and other Limitations
of Service that correspond with the package of Service you selected. In addition to complying
with the limitations for specific features, you must ensure that your activities do not improperly
restrict, inhibit, or degrade any other user's use of the Service, nor represent (in Cox’s sole
judgment) an unusually great burden on the network itself. In addition, you must ensure that your
use does not improperly restrict, inhibit, disrupt, degrade or impede Cox's ability to deliver
the Service and monitor the Service, backbone, network nodes, and/or other network services.
If you use excessive bandwidth as determined by Cox), Cox may terminate, suspend, or require
you to upgrade the Service and/or pay additional fees.
Newsgroups. The Usenet news service
included with a Service account is provided for interactive use by the subscriber,
using a commonly-available NNTP client such as Outlook Express News. Messages
posted to newsgroups must comply with the written charters, FAQs or overall topics
for those newsgroups. Advertisements, solicitations, or other commercial messages
should be posted only in those newsgroups whose charters or FAQs explicitly permit
them. You are responsible for determining the policies of a given newsgroup
before posting to it.
Posting or cross-posting the same or substantially
similar messages to more than eight newsgroups is prohibited. Our news software
will automatically cancel any messages posted to nine or more newsgroups.
Binary files may not be posted to newsgroups not
specifically named for that purpose. Users posting binary files to groups with
policies concerning the permissible daily volume of posted files are required
to observe those limitations.
You may not attempt to "flood" or disrupt
Usenet newsgroups. Disruption is defined as posting a large number of messages
to a newsgroup, which contain no substantive content, to the extent that normal
discussion in the group is significantly hindered. Examples of disruptive
activities include, but are not limited to, posting multiple messages with no
text in the body, or posting many follow-ups to messages with no new text.
Messages may not be canceled, except by the author or by official newsgroup
moderators performing their duties.
Forging, altering or removing header information is prohibited.
This includes attempting to circumvent the approval process
for posting to a moderated newsgroup. Cox reserves the right to discontinue access to
any Usenet newsgroup at any time for any reason.
Conflict. In the event of a conflict between the Subscriber Agreement and this Policy,
the terms of the Subscriber Agreement will prevail.
How to Contact Cox. For any questions regarding this AUP, complaints of
violations, or cancellation notices, please contact Cox at one of the
following:
California Residents: Your California Privacy Rights
California law permits residents who have provided personal information to us to request information about disclosure of personal information to third parties for their marketing purposes. As detailed below, our policy is not to disclose personal information collected online or otherwise for any third party’s direct marketing purposes without first obtaining the customer’s consent. As an additional measure, customers may contact their local Customer Care office or online at https://www.cox.com/privacyrequest/ to request that their account records be noted that they have specifically opted-out of such disclosures.
Welcome
To our Website Visitors — We want you to know how we treat personal information the Cox Communications companies may obtain from you as a website visitor as a part of your visit. You should also see our Website Visitor Agreement and Terms of Use for other information concerning use of our website. By using our website, you accept this Online Privacy Policy and our Website Visitor Agreement.
To Cox High Speed Internet Customers – This Online Privacy Policy applies only to use of our websites. If you are also a subscriber of a Cox Communications Cable Television, High Speed Internet or Telephone service, a detailed description of Your Privacy Rights as a Cox Customer is also available to you. You can also find our Subscriber Agreement and Acceptable Use Policy here online.
In either case, we welcome you to our website. Please take a moment to read about your privacy rights in its use.
Policy – It is our policy to collect only the personally identifiable information (information that identifies you individually) that we need to provide the services of this website with the quality you desire and deserve.
Cox Customers – If you are a customer of Cox, this personally identifiable information may include your name, address, age, telephone numbers, account number, social security number, user IDs, passwords, email addresses, and other information as provided to us online or as a customer of Cox. It is our policy to retain such information only as long as needed for our business purposes or as the law may require. We take reasonable steps to protect your account information from unauthorized access.
Website Visitors – When you access our website, we automatically collect access log information about your visit, including information such as the Internet Protocol (IP) addresses assigned (numbers assigned to your computer while online), bandwidth used, system and connection performance, browsers used, dates and times of access, and Internet resource requests, including requests to access web pages. We do not store emails sent and received unless left in a Cox High Speed Internet account file. As explained below, we could be required by court order to disclose such information if left on our system.
Online Registrants – In visiting our website, if you register with us or participate in a contest, survey or online transaction, we may ask for certain personally identifiable information. When we ask you for such information, we will tell you how it will be used and you may elect not to participate.
Cookies – We, or a vendor that places advertising on our websites, may use "cookies" to collect information about your visit to our website and to manage information concerning your preferences. A "cookie" is a small computer code added to a file on your computer as a record of its visit. It does not collect or provide your name or any other personal information about you. It can, however, be used by the website that placed it to note information about your visit, such as your type of web browser, operating system and Internet Protocol ("IP") address, to better tailor the site for you. It can also be used to recognize you when you log in as a registered user or as a repeat visitor returning to our website. This allows us to tailor our site by remembering you and any options you select. We may share non-personal information obtained from the varying kinds of cookies and web beacons (see below) with vendors, advertisers and others. You can control what cookies are accepted by your computer through the settings on your web browser or by deleting them from your files. Doing so, however, may limit the personalization available to you.
Third-Party Cookies and Web Beacons – These forms of computer code are sometimes placed by advertisers or others with connection to a webpage and may be read by the advertisement’s provider. They may use a form of code called a "web beacon" or "clear GIF." These are usually contained in a transparent image on a page or in an image on an email message and serve as a way to gather information about your visit, such as your Internet Protocol Address and information or statistics about your visit. As with cookies, you can use your browser settings to control web beacons.
Advertisers and Other Websites – We do not control the privacy policies of advertisers or of websites you may link to from our websites or by using our services. You should review their websites for questions about their Internet security and privacy.
Use and Sharing
Use Policy – We consider any personally identifiable information we receive about you to be confidential, and it is our policy to use it only in providing our websites and our cable television, internet and telephone services - from sales and installation, to operations, administration, advertising, marketing, support, network provision, maintenance, communications with you, billing, collection and in other ways related to our services. We may also use such information in dealing with fraud and unauthorized use of our services. Cox may associate personal account information with data from third parties about you or similar persons to better predict your product and service preferences for use in programming, advertising transactions and to market our services to you.
Aggregate Information – We use aggregate information about our customers and website visitors for a variety of purposes. Such aggregate information does not identify individual customers. We may share such aggregate and related demographic information with third parties.
Retention Policy – Cox may retain personal customer information in its regular business records as long as someone is a customer or until no longer needed for business or legal purposes. Our security measures for this information are discussed below.
Sharing Policy – It is our overall policy not to disclose to others outside of Cox and our affiliates, vendors and business partners any personally identifiable information about our customers without their prior written or electronic consent. We do not sell or provide your personal information to parties unconnected with the services we provide without your permission.
Special Exceptions – We reserve the right to disclose personally identifiable information in our possession if we have a good faith belief that it is necessary to: (1) comply with the law or legal process served on us; (2) protect and defend our rights or property or those of others; (3) respond to fraud, abuse or unauthorized reception; (4) enforce our Website Visitors’ Agreement and Terms of Use, our Acceptable Use Policy or related standards; or (5) act in an emergency to protect your safety or that of another. We may also share information if we sell or transfer all or a portion of our business operations, merge or combine with another organization.
Third Parties – We sometimes use affiliates, vendors or third party partners in association with this website and may provide personally identifiable information about users for such purposes. In providing such information, we require that the outside party maintain at least the same level of confidentiality that we maintain for such information. In addition, any use by the vendor or third party may not exceed that needed to provide its service.
Internet Communications – Unless addressed to us, we do not read email messages, instant messages, online chats, or the content of other online communications that reside on or pass through our Service. We may however, retain and provide such communications if we are legally required to do so. Incoming and outgoing email messages are generally scanned electronically to identify and filter out likely spam and for viruses and related problems that could harm your equipment, the network or other users.
Law Enforcement
Legal Requirements – As a provider of Internet communications services, we regularly receive legal requests for customer information from government and law enforcement personnel. We also receive discovery requests in civil litigation. In all such cases, our policy is to cooperate as required by law, but to provide only such information as the law requires. This information is generally sought by subpoena served on Cox. Under current law, many criminal subpoenas require that we not disclose or notify you of the request. Due to this fact and the volume of requests we receive, we cannot assume any duty to notify you of receipt of any legal requests.
Internet Information – Current law provides that personal account and other information concerning use of our High Speed Internet services may be subpoenaed by governmental entities. In such cases, you may not be entitled to notice of such a request. The content of Internet communications may not generally be sought through use of a subpoena. The law does permit us to disclose to law enforcement, voluntarily and without prior notice, customer information, including the contents of communications, if we reasonably believe that an emergency involving immediate danger of death or serious physical injury requires such disclosure without delay.
Telephone Information – In some areas, Cox provides telephone-type services to its customers through an Internet service called "Voice Over Internet Protocol" or "VOIP." Current law requires law enforcement to obtain a court order or warrant for a telephone wiretap or to use a pen register or trap and trace device to capture dialing information. The Federal Communications Commission ("FCC") and Congress are currently considering the extent to which such rules will apply to voice over Internet services.
Internet Security
Taking Proper Precautions – Maintaining the security of your own personal computer is an important part of protecting your own privacy and of helping us protect our network and our customers’ service. You should use and update regularly your antivirus software, firewall and your operating system to prevent unauthorized access by others and harm from various forms of viruses. Persons with questionable intent may use the Internet or email to pose as someone you trust or do business with. You should always be sure who you are dealing with before responding with personal information. To avoid all these and other forms of attacks, we encourage you to visit our website at http://www.cox.net or the Federal Trade Commission ("FTC") for updates and tips on protecting yourself. Cox or its Abuse/Customer Security Department may take protective action related to your service or contact you directly with information from time-to-time to help with this effort.
Personal Information – We use "Secure Socket Layer" encryption technology when collecting certain personal information through our websites. You can identify the use of such protection by looking for "https" in the Internet url or page address or a closed lock symbol if you are using Internet Explorer. We protect personally identifiable information found in our most sensitive databases in encrypted formats within controlled and secure environments with restricted access. While we attempt to ensure the integrity and security of our network and computer systems, we cannot guarantee that our security measures will prevent unauthorized access.
Access by Others – It is possible for use of the Internet to be accessed or intercepted by third parties. Moreover, since we cannot control Web sites or Internet services operated by third parties, we recommend that you review the terms of service and privacy policies of those Web sites and services.
Spam
Cox works hard to prevent and to block spam and we encourage your help by preventing unauthorized access to your computer. The law permits companies like Cox to use email to send transactional or relationship messages, such as in confirming that a service has been established or providing information regarding changes in service. If you prefer, you may opt-out of marketing messages we may send by notifying us in response to any you may receive.
Children's Privacy
Our websites are not directed at, or intended for use by, children under the age of 13. We do not knowingly allow anyone under 18 to provide any personal information on our websites. Children should always get permission from a parent or guardian before sending personal information over the Internet. If you believe your child may have provided us with personal information, you can contact us privacy@cox.com and
we will delete the information. You can find more information about protecting children’s privacy by contacting the FTC or viewing its website at http://www.ftc.gov.
Customer Access to Information
If you are a customer of Cox Communications, you can check the accuracy of some of your account information by contacting a Customer Care representative. For more information, see Your Privacy Rights as a Cox Customer.
Your Enforcement Rights
You have the right to enforce your legal privacy rights concerning our collection, use and sharing of your personally identifiable information. Among your remedies is the right to seek relief in a civil action filed under federal law.
Changes in Policy
Developments in the Internet, the law, our offerings and websites may cause us to change this Online Privacy Policy from time to time. Any such changes will be prospective and will not affect information collected prior to the change in policy.
How to Contact Us
For any questions regarding this Policy, please contact us at one of the following:
Email: privacy@cox.com
Phone or Mail: Visit us at http://www.cox.com and check under "Customer Service"
Procedure for making claim of Copyright infringement
Pursuant to the Digital Millennium Copyright Act (the
"DMCA"), you may file a Notification of claimed infringement
with the Designated Agent of a Service Provider if you believe that a
Web page hosted by the Service Provider is violating your rights under
U.S. copyright law. (See Title 17, United States Code, Section 512(c)(3)).
The DMCA provides the following procedure for parties to follow who wish
to file a Notification of claimed infringement with a Service Provider.
To serve a Notification
on Cox® Business Services; Cox® High Speed InternetSM; and/or Cox Interactive
MediaSM, send your Notification to:
Notification:
In order to be effective under the DMCA, the Notification must (i) be
in writing, and (ii) provided to the Designated Agent of a Service Provider.
In order for such a complaint to be effective under the DMCA, Notification
must include the following:
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single
Notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit
the Service Provider to locate the material.
Information reasonably sufficient to permit the Service Provider to contact the
complaining party, such as an address, telephone number, and if available,
an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that
use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law.
A statement that the information in the Notification is accurate, and
under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
Upon receipt of the written Notification containing the information described
in 1 through 6 above, Service Provider will:
Remove or disable access to the material that is alleged to be infringing.
Take reasonable steps to promptly notify the subscriber that it has removed
or disabled access to the material.
Counter Notification:
If a notice of copyright infringement has been filed against you, you
may file a Counter Notification with a Service Provider's Designated Agent.
In order to be effective, a Counter Notification must be written and include
substantially the following:
A physical or electronic signature of the subscriber.
Identification of the material that has been removed or to which access
has been disabled and the location at which the material appeared
before it was removed or access to it was disabled.
A statement under penalty of perjury that the subscriber has a good
faith belief that the material was removed or disabled as a result
of mistake or misidentification of the material to be removed or disabled.
The subscriber's name, address, and telephone number, and a statement
that the subscriber consents to the jurisdiction of Federal District
Court for the judicial district in which the address is located, or
if the subscriber's address is outside of the United States, for any
judicial district in which the Service Provider may be found, and
that the subscriber will accept service of process from the person
who provided Notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through
4 above, Service Provider shall:
Promptly provide the complaining party with a copy of the Counter Notification;
Replace the removed material or cease disabling access to the material within
10 to 14 business days following receipt of the Counter Notification,
unless the Service Provider's Designated Agent first receives notice
from the complaining party that an action has been filed seeking a
court order to restrain alleged infringing party from engaging in
infringing activity relating to the material on Service Provider's
system or network.
NOTE: Under the DCMA, claimants who make misrepresentations concerning copyright
infringement may be liable for damages incurred as a result of the removal
or blocking of the material, court costs, and attorneys fees. See Title
17, United States Code, Section 512(d).
NOTE: The information on this page is provided to you for informational purposes only, and is
not intended as legal advice. If you believe your rights under U.S. Copyright
law have been infringed, you should consult an attorney.
This Agreement (the "Agreement") sets forth the terms and conditions under which CoxCom, Inc. d/b/a Cox Communications, together with any Cox Communications affiliate and/or distribution partner (collectively, "Cox"), agrees to provide the Cox® High Speed Internet SM service (hereinafter the "Service") to you. By completing the registration and using the Service, you (i) agree to abide by, and require others using the Service via your account to abide by the terms of this Agreement, and (ii) represent and warrant that you are at least 18 years of age. If you do not agree with the foregoing, you may not use the Service and must return the installation software, equipment, and all associated materials to Cox. This Agreement takes effect on the date on which you accept this Agreement, and continues until your subscription is terminated.
Cox reserves the right to modify the terms of this Agreement or prices for the Service and may discontinue or revise any or all other aspects of the Service in its sole discretion at any time by posting changes online. Your continued use of the Service after changes are posted constitutes your acceptance of this Agreement as modified by the posted changes. The updated, online version of this Agreement shall supersede any prior version of this Agreement that may have been included in any software or related materials provided by Cox. This Agreement should be read in conjunction with our Acceptable Use Policy, ("AUP"), Online Privacy Policy, and other applicable policies.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP THE USE OF THE SERVICES AND NOTIFY THE COX CUSTOMER SERVICE DEPARTMENT SO THAT YOUR ACCOUNT MAY BE CLOSED.
Your Subscription
Your subscription entitles you to use the Service. Your subscription is personal to you, you agree not to assign, transfer, resell or sublicense your rights as a subscriber unless specifically allowed by this Agreement. You agree that you are solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach results from your use of the Service or by another using your computer. You agree to contact the local Cox office identified on your monthly invoice immediately upon the occurrence of any change in the status of your account (e.g., change in individuals authorized to use your account) for the purpose of updating your account information. Your subscription entitles you to use the Service. Your subscription is personal to you, you agree not to assign, transfer, resell or sublicense your rights as a subscriber unless specifically allowed by this Agreement. You agree that you are solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach results from your use of the Service or by another using your computer. You agree to contact the local Cox office identified on your monthly invoice immediately upon the occurrence of any change in the status of your account (e.g., change in individuals authorized to use your account) for the purpose of updating your account information.
Payment Terms
You agree to be responsible for any and all charges, damages and costs that you or anyone using your Cox account incurs. You agree to pay all monthly fees and installation charges including, but not limited to, applicable, taxes, customer service fees, late fees and door collection fees. Monthly fees will be billed one month in advance. If payment is not received by the due date, late fees and/or collection charges may be assessed and the Service may be terminated. You may incur charges including, without limitation, charges relating to the purchase of "premium" services, such as additional web space, business class services, or access to certain gaming sites in addition to those billed by Cox. All such charges, including all applicable taxes, are your sole responsibility. You may be required to pay a reconnect fee and/or a security deposit in addition to all past due charges before the Service is reconnected.
Software License
Cox grants to you a limited, nonexclusive, nontransferable and nonassignable license to install and use Cox's access software (including software from third party vendors that Cox distributes, hereinafter referred to as the "Licensed Software"), in order to access and use the Service. Cox may modify the Licensed Software at any time, for any reason, and without providing notice of such modification to you. The Licensed Software constitutes confidential and proprietary information of Cox and Cox's licensors and contains trade secrets and intellectual property protected under United States copyright laws, international treaty provisions, and other laws. All right, title, and interest in and to the Licensed Software, including associated intellectual property rights, are and shall remain with Cox and its licensors. You agree to comply with the terms and conditions of all end user software license agreements accompanying any software or plug-ins to such software distributed by Cox in connection with the Service. You shall not translate, decompile, reverse engineer, distribute, remarket, or otherwise dispose of the Licensed Software or any part thereof. You acknowledge that the Licensed Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States. You agree not to export or re-export the Licensed Software, directly or indirectly, to any countries that are subject to United States export restrictions. Your right to use the Licensed Software terminates upon termination of this Agreement.
Computer and Equipment Requirements
At the time of initial installation of the Service, your computer equipment must comply with Cox's current minimum computer requirements that are
available on http://support.cox.com/. The minimum computer requirements may change and Cox will make reasonable
efforts to support previously acceptable configurations; however, Cox is not obligated to continue to provide such support. You may rent or purchase
a cable modem from Cox or may purchase a DOCSIS-compliant, Cox approved cable modem from a third party provider. Cox reserves the right to provide
service
only to users with Cox-approved DOCSIS-compliant modems. You are strongly urged to check with local Cox Customer Support or online at http://support.cox.com/ for
the most current Cox approved cable modem list. You agree to only connect Cox approved equipment to the Cox network.
You will not remove any Cox owned equipment (the "Equipment") from the Premises or connect the Equipment to any outlet other than the outlet to which the Equipment was initially connected by the Cox installer. Cox may relocate the Equipment for you within the Premises at your request for an additional charge. If you relocate to a new address, this Agreement shall automatically terminate and you will be required to enter into a new Agreement and may be charged a new installation fee to initiate
Service. You will not connect any equipment, other than equipment authorized by Cox, to the cable modem outlet. You understand that failure to comply with this restriction may cause damage to the Cox network and subject you to liability for damages and/or criminal prosecution. You may not alter, modify or tamper with the Equipment or the Service, or permit any other person to do the same that is not authorized by Cox.
Installation
You authorize Cox personnel and/or its agents to enter your premises (the "Premises") at mutually agreed upon times in order to install, maintain, inspect, repair and remove the Service. If you are not the owner of the Premises upon which the Service is to be installed, you represent and warrant that you have obtained the consent of the owner of the Premises for Cox personnel and/or its agents to enter the Premises for the purposes described above. You shall indemnify and hold Cox harmless from and against any claims of the owner of the Premises arising out of the performance of this Agreement.
You acknowledge and agree that installation of the Service (including the Licensed Software) may require Cox personnel and/or its agents to open your computer. You further acknowledge and agree that installation and/or use of the Service (including the Licensed Software) may result in the modification of your computer's systems files and that Cox may periodically update the software in your modem in order to provide the Service. Cox neither represents, warrants, nor covenants that such modifications
will not disrupt the normal operations of your computer. Cox shall have no liability whatsoever for any damage resulting from the installation and/or use of the Licensed Software or file modifications. Cox is not responsible for returning your computer to its original configuration prior to installation. Cox or its agents will supply and install certain software and, if required, an extra cable outlet, a cable modem and an Ethernet card for a fee determined by Cox.
Cox will also provide a "getting started guide" and
online instructions on how to use the Service. Cox shall use reasonable efforts to install the Service to full operational status, provided that your computer fulfills the minimum computer requirements set forth herein. You may transfer the Licensed Software to additional computers within the home, but service and support for these additional machines is limited and/or may incur an additional fee. Unless offered by Cox as a service, you agree that Cox has no responsibility to provide
service and support for in-home networks. If you intend to transfer the
software, you
must give Cox
prior notice of such transfer.
Acceptable Use Policy
You agree to use the Services strictly in accordance with the Acceptable Use Policy located at http://www.cox.com/ which may be modified by Cox from time to time, and which is incorporated herein by reference and made a part of this Agreement.
Posting to Cox
You are solely responsible and liable for all material that you upload, post, email, transmit or otherwise make available via the Service, including, without limitation, material that you post to any Cox Website or the Web site of a Cox affiliate, or any third party vendor's service (e.g., newsgroups) that is used by Cox. Cox does not claim ownership of material you submit or make available for inclusion on the Service. However, with respect to material you submit or make available for inclusion on publicly accessible areas of the Service, you grant Cox a world-wide, royalty free and non-exclusive license(s) to: use your material in connection with Cox's businesses including, but not limited to, the rights to: copy, distribute, publicly perform, publicly display, transmit, publish your name in connection with the material, and to prepare derivative works. No compensation will be paid with respect to the use of your material.
Links to Third Party Web Sites
In your use of the Service and/or Cox Web sites, you may encounter various types of links that enable you to visit Web sites operated or owned by third parties ("Third Party Site(s)"). These links are provided to you as a convenience and are not under the control or ownership of Cox. The inclusion of any link to a Third Party Site is not (i) an endorsement by Cox of the Third Party Site, (ii) an acknowledgement of any affiliation with its operators or owners, or (iii) a warranty of any type regarding any information or offer on the Third Party Site. Your use of any Third Party Site is governed by the various legal agreements and policies posted at that Web site.
Monitoring and Removal of Content
Cox is under no obligation to monitor the Services. However, Cox reserves the right at all times and without notice to remove, restrict access to, or make unavailable, any content on its servers that it considers, in its sole discretion, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, and to monitor, review, retain and/or disclose any content or other information in Cox's possession about or related to you, your use of the Services or otherwise as Cox deems necessary to satisfy any applicable law, regulation, legal process, or governmental request.
Privacy
You authorize Cox to make inquiries and to receive information about your credit history from others and to utilize such information in its decision regarding its provision of the Service to you. You agree that Cox may collect and disclose information concerning you and your use of the Service in the manner and for the purposes set forth herein and in Cox's Online Privacy Policy. Please read the Cox Online Privacy Policy.
No Spam or Other Unsolicited Bulk Email
Cox may immediately terminate any subscriber account that it determines, in its sole discretion, is transmitting or is otherwise connected with any "spam" or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated, you agree to pay Cox liquidated damages of five dollars (U.S. $5.00) for each piece of "spam" or unsolicited bulk email transmitted from or otherwise connected with your account. Otherwise you agree to pay Cox's actual damages, to the extent such
actual damages can be reasonably calculated. Cox reserves the right to block, reject or remove what it considers in its sole discretion to be "spam" or other unsolicited bulk email from the Service and Cox shall have no liability for blocking any email considered to be “spam.”
Termination and Surviving Obligations
Either party may terminate this Agreement at any time without cause by providing the other party with no less than twenty-four (24) hours written notice of such termination. In the event of termination by you, you must notify Cox by telephone or by a non-electronic written submission. Email submissions shall not constitute effective notice. In the event of termination by Cox, Cox may notify you of such termination by electronic or other means. In those cases where you elect annual prepayment
terms, you agree and understand that the calculation of any refund for unused Service will be based upon the normal rate for the Service and not upon the discounted annual prepayment rate.
You expressly agree that upon termination of this Agreement: (i) You will pay Cox in full for your use of any Equipment and Service up to the later of the effective date of termination of this Agreement or the date on which the Service and any Equipment have been disconnected and returned to Cox. You agree to pay Cox on a pro-rated basis for any use by you of any Equipment or Services for a part of a month. (ii) You will permit Cox to access your premises at a reasonable time to remove any Equipment and other material provided by Cox. (iii) You will ensure the immediate return of any Equipment to Cox. You will return or destroy all copies of any software provided to you pursuant to this Agreement. (iv) Cox is authorized to delete any files, programs, data and email messages associated with such account.
Disclaimer of Warranties and Limitation of Liability
You expressly agree that Cox is not responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another's rights including, without limitation, privacy and intellectual property rights, and you hereby release Cox for any such claims based on the activities of third parties. THE SERVICE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. NEITHER COX, NOR
ITS AFFILIATES OR ANY OF ITS SUPPLIERS OR LICENSORS, EMPLOYEES OR AGENTS WARRANT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL MALICIOUS AGENTS EVEN IF ANTI-VIRUS MECHANISMS ARE DEPLOYED. COX DOES NOT WARRANT THAT ANY DATA OR ANY FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE,
NONINFRINGEMENT, FITNESS FOR A PARTICULAR
PURPOSE AND
MERCHANTABILITY
ARE
HEREBY
EXCLUDED AND
DISCLAIMED. COX AND ITS EMPLOYEES, REPRESENTATIVES AND AGENTS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES, ARISING DIRECTLY OR INDIRECTLY, FROM THE INSTALLATION OR USE OF, THE LICENSED SOFTWARE, THE SERVICE (INCLUDING E-MAIL), EQUIPMENT FURNISHED BY COX, OR COX'S PROVISION OF TECHNICAL SERVICE AND SUPPORT FOR THE SERVICE; EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF A COX INSTALLER, TECHNICIAN, OR CUSTOMER SERVICE REPRESENTATIVE, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY,
SPECIAL, PUNITIVE OR DAMAGES, REGARDLESS OF WHETHER OR NOT COX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, COX'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEEDING TWELVE MONTH PERIOD. YOU HEREBY RELEASE COX FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. COX IS ALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING
FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT. Your sole and exclusive remedies under this Agreement are as expressly set forth herein. Some states do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.
You agree to indemnify and hold Cox, its parents, subsidiaries, members, affiliates, officers and employees, harmless from any claim, demand, or damage, including costs and reasonable attorneys' fees, asserted by Cox or any third party due to or arising out of your use of or conduct on the Service. Cox will notify you within a reasonable period of time of any third party claim for which Cox seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to Cox's interests, as reasonably determined by Cox.
Indemnifications You agree to indemnify and hold Cox, its parents, subsidiaries, members, affiliates, officers
and employees, harmless from any claim, demand, or damage, including costs and reasonable attorneys' fees, asserted by Cox or any third party due
to or arising out of your use of or conduct on the Service. Cox will notify you within a reasonable period of time of any third party claim for which
Cox seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not
be conducted in a manner prejudicial to Cox's interests, as reasonably determined by Cox.
Management of Network
Cox reserves the right to manage its network for the greatest benefit of the greatest number of subscribers including,
without limitation, the following: rate limiting, rejection or removal of "spam" or otherwise unsolicited bulk email,
anti-virus mechanisms, traffic prioritization, and protocol filtering. You expressly accept that such action on the
part of Cox may affect the performance of the Service. Cox reserves the right to enforce limits on specific features
of the Service including, without limitation, email storage (including deletion of dormant or unchecked email) and
web hosting maximums. Visit Limitation of Services to learn the limits on specific
features of the Service.
Damage to and Encumbrances on Equipment, Computer, Software
All Equipment will at all times remain the property of Cox. You may not sell, transfer, lease, encumber or assign all or part of the Equipment to any third party. You agree to pay the full retail cost for the repair or replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned Equipment or part thereof, together with any costs incurred by Cox in obtaining or attempting to obtain possession of any such Equipment. You hereby authorize Cox to charge your Visa, Master Card, other credit card or other payment method authorized by you for any outstanding Service, Equipment, and repair and replacement costs described herein. Cox may, at its option, install new or reconditioned Equipment, including swapping your existing equipment for DOCSIS-compliant equipment, for which you may incur a fee.
Intellectual Property Infringement Claims
Cox is registered under the Digital Millennium Copyright Act of 1998. In accordance with Title 17, United States Code, Section 512(c)(3), if you believe that a Web page hosted by Cox is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with Cox's designated agent. See Procedure for Making Claims of Copyright Infringement.
Governing Law and Jurisdiction
This Agreement shall be exclusively governed by, and construed in accordance with, the laws of the State of Georgia, without regard to its conflict of laws provisions. All disputes arising out of or related to this Agreement and the Service must be brought in a federal or state court located in the state of Georgia. You consent to the personal jurisdiction of such courts located in the state of Georgia. You waive all rights to bring any claim, suit or proceeding more than one (1) year after the date the cause of action arose.
Miscellaneous
This Agreement constitutes the entire agreement and understanding between the parties with respect to its subject matter and supersedes and replaces any and all prior written or oral agreements. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of its provisions shall remain in full force and effect. Nothing contained in this Agreement shall be construed to limit Cox's rights and remedies available at law or in equity. Cox's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. This Agreement may not be assigned or transferred by you. This Agreement is freely assignable by Cox to third parties.
How to Contact Us
For any questions regarding this Subscriber Agreement, billing or other, please contact Cox at one of the following:
Email: support@cox.net
Phone: See your invoice or visit http://www.cox.com and check under "Customer Service"
U.S. Mail: See your invoice or visit http://www.cox.com and check under "Customer Service"
YOUR USE AND ACTIVATION OF THE SERVICE SHALL CONSTITUTE AN ACCEPTANCE OF THE TERMS BELOW. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS DO NOT INSTALL AND/OR ACTIVATE THE COX SERVICE.
Subject to credit approval, Cox will provide all services that You, the Subscriber, request, on the following terms and conditions. All Cox services
are referred to as “Service” or “Services”. If Cox provides telephone Service in Your area, such Service will be provided through
the Cox telephone affiliate servicing Your area, and You will also be bound by that affiliate’s tariff on file with the State telephone regulatory
authority. If You receive Cox’s High Speed Internet Service, You will also be bound by the Cox High Speed Internet Subscriber Agreement, and the
Cox Acceptable Use Policy, both located at www.support.cox.com or at another URL Cox may designate.
Cox’s Obligations:
Install in a workmanlike manner, the Cox necessary equipment and materials.
Maintain Cox equipment in accordance with reasonable industry standards and applicable regulations.
If available, You may subscribe to the Cox wiring maintenance plan and Cox will
install and maintain wiring inside Your premises ( “Internal Wiring”). Otherwise, Cox shall have no responsibility for the maintenance of Your Internal Wiring.
These obligations do not include
responsibility for loss of stored content on any devices or for any damage to your devices as a result of pin defects or alignment.
Your Obligations:
Pay all installation, service or other charges on receipt of Cox’s bill. Charges are according to Cox’s
rate schedule or tariff applicable at the time Services are rendered. Monthly service rates may be subject to
additional local fees, taxes or other charges. Some fees and charges are payable in advance. If You terminate
Service before the end of a prepaid period, Cox will refund the prorated unused portion of the fees and charges.
If the pro-rata unused portion is less than $5.00, Cox will make the refund on Your request. If You or Cox
terminates Service, Cox may transfer outstanding balances for Services provided under this Agreement to other
accounts that You have with Cox.
If You fail to make timely payment, Cox may terminate Service, remove Cox equipment and impose late
fees and collection trip fees, if applicable. Late fees and collection trip fees will not exceed the maximum
amount permitted by law.
Provide Cox's employees and representatives with a safe working environment.
Assume complete responsibility for improper use, damage or loss of any equipment furnished by Cox.
Allow Cox access into Your premises to install, maintain or repair, upgrade (if any), and
remove Cox equipment. Cox personnel have Cox identification you may request and examine. If You are not home
at the time of a service call, You authorize any other adult resident or guest at Your residence to grant Cox
access to Your premises.
Any attempted assignment or transfer of the Services is a breach of this Agreement.
If You do not own Your premises:
You represent that You have obtained necessary permission from the owner to install Cox’s equipment
(including, without limitation, equipment attached to the outside of the premises); and
You will indemnify Cox from all claims of the owner in connection with the installation
and provision of the Services
Cox may provide backup battery service for telephone service utilizing a cable modem and that
modem will remain the property of Cox. If Cox does not provide backup battery service for Cox services utilizing
a cable modem, you must provide the backup battery and it will remain your responsibility in all respects.
For Voice Internet Protocol telephone Services, i.e. VOIP, a telephone modem with battery backup will be
provided by Cox. The telephone modem and battery backup shall remain the property of Cox and must be returned
upon disconnection of Service. In the event of a power outage, your telephone Service will continue to operate
for up to eight hours with the backup battery that Cox provides. If the modem that supplies your telephone
Service is disconnected or removed and the battery is not charged, Service, including access to E911, will not
be available. Cox uses your telephone Service address to identify your location for E911 Service.
To ensure that E911 dispatch receives your correct address, the modem should not be moved. Please notify
Cox if you would like to move or relocate your telephone Service. It can take several days for your new
address to be updated so please call us to make this change.
Equipment: All Cox Equipment and imbedded Software (Equipment) provided to You by
Cox or its agent will remain the property of Cox. Cox shall have the unrestricted right, but not the obligation,
to install or modify the software in any of the Equipment. It is a material breach for You to copy, duplicate,
reverse engineer or in any way tamper with or interfere with any Software provided to You by Cox. You also agree:
To use the Equipment only for receiving Services ordered from or through Cox.
To promptly return the Equipment to Cox in good condition and without any encumbrances, except for ordinary wear
and tear resulting from proper use, immediately upon discontinuance of Service.
If You do not promptly return the Equipment or if it is damaged or encumbered, (“Unreturned Equipment”),
the damages Cox will incur will be difficult to ascertain. Therefore, You agree to pay, and Cox may charge
Your account, a liquidated damages amount equal to Cox’s reasonable estimates of the replacement costs
and incidental costs that Cox incurs; provided, however, that such amount will not exceed the maximum
amount permitted by law (the “Unreturned Equipment Charge”). This provision shall survive the termination
or expiration of this Agreement.
Programming: You acknowledge that Cox reserves the right at any time and
in its sole discretion to change its channel lineup and/or to pre-empt specific programs or parts
of programs previously advertised as available. Cox also reserves the right to alter its fee structure
upon notice to You. You may immediately terminate service upon notice to Cox. You may not rebroadcast,
transmit record, perform, or charge admission to view or listen to any of the programming made available
by the Services unless you obtain and pay for any public performance licenses.
LIMITATION OF WARRANTIES AND LIABILITY:
COX, ITS PARENTS, AFFILIATES, SUBSIDIARIES, AGENTS, EMPLOYEES, REPRESENTATIVES,
SUCCESSORS AND ASSIGNS COLLECTIVELY AND INDIVIDUALLY, THE (“COX GROUP”) MAKE NO
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE EQUIPMENT FURNISHED
TO YOU AND/OR SERVICES PROVIDED. THE COX GROUP SHALL NOT BE LIABLE FOR DAMAGES FOR
FAILURE TO FURNISH, OR THE DEGRADATION OR INTERRUPTION OF ANY SERVICES, FOR ANY
LOST DATA OR CONTENT, IDENTITY THEFT, FOR ANY TV SCREEN BURN-IN, PIN MISALIGNMENT,
UNEVEN TV SCREEN WEAR, STUCK PIXELS, PHOSPHOR BURN, FILES OR SOFTWARE DAMAGE,
REGARDLESS OF CAUSE. THE COX GROUP SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR
FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF
EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES. NOR SHALL COX BE LIABLE
FOR FAILURE TO PROVIDE SERVICE IF THE CAUSE IS DUE TO THE ACT OF AN UNAFFILIATED
THRID PARTY. YOU HEREBY INDEMNIFY AND HOLD HARMLESS THE COX GROUP FROM ANY CLAIMS,
ACTIONS, PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING
OUT OF (I) SUCH DAMAGE OR INJURY RESULTING FROM ANY CLAIM THAT YOUR USE OF THE
SERVICE INFRINGES ON THE PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL
PROPERTY RIGHT OF ANY THIRD PARTY, (II) ANY BREACH OR ALLEGED BREACH BY YOU OF
THIS AGREEMENT; OR INJURY TO PERSON OR PROPERTY RESULTING FROM YOUR GROSS NEGLIGENCE.
UNDER NO CIRCUMSTANCES WILL THE COX GROUP BE LIABLE FOR ANY INCIDENTIAL, INDIRECT,
PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES. THE COX GROUP’S MAXIMUM TOTAL LIABILITY
TO YOU ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY
YOU FOR THE PRIOR MONTH OF SERVICE.
Breach of Agreement:If You breach this Agreement, or
any other agreement referenced herein, Cox has the right to terminate this Agreement
and retrieve its equipment. Cox failure to require Your strict performance of any term
of this Agreement shall not be a waiver of Cox’s right to require strict performance
of any term or condition herein.
Entire Agreement:
This Agreement, any applicable tariffs and other agreements specifically referenced
herein constitute the entire agreement between Cox and You for the Services and
Equipment. The invalidity or unenforceability of any term of this Agreement shall not
affect the validity or enforceability of any other provision.
As the Customer for wireless service, you agree that Cox Wireless, Inc. (“Cox”) is the agent of Sprint PCS and/or its affiliates (“Sprint”) in subscribing you to wireless services and that Sprint is the provider of wireless service. You also agree to the Terms and Conditions in the Sprint subscriber agreement which is incorporated herein and is attached hereto and located at www.sprintpcs.com (“Subscriber Agreement”). Some service features described in the Subscriber Agreement may not be available to you through Cox.
You agree that Cox is authorized, on behalf of Sprint, to bill and collect for all wireless service charges including, but not limited to, deposits, late fees, interest, taxes, and governmental assessments, and/or early termination fees as described herein and in the Subscriber Agreement and you agree to pay Cox for these charges. You authorize Cox to terminate your wireless service if you fail to pay Cox invoices as required by Cox and/or you fail to comply with the Subscriber Agreement. Taxes, surcharges, and governmental assessments are in addition to the charges herein.
If you terminate wireless service early, or Cox or Sprint terminates your wireless service for failure to comply with these terms and conditions or those in the Subscriber Agreement, you will be subject to Early Termination Fees of up to $200.00 per telephone number.
If you paid Cox a deposit, you agree that Cox may apply the deposit to any amounts that you owe under the Subscriber Agreement or under any other agreement you have with Cox for any services. Cox will not pay interest on deposits. Deposit refunds of less than One Dol lar will be refunded only upon written request. Monthly service charges begin upon completion of order.
You agree that the limitations of liability and the limitation of consequential and other damages contained in the Subscriber Agreement shall apply as between Cox and you with respect to this Wireless Service Agreement and the provision of wireless service.
You agree to these terms and those contained in the Subscriber Agreement when you do any of the following after an opportunity to review these terms and those in the Subscriber Agreement: (a) Provide your written or electronic signature below; (b) Notify us orally or electronically that you accept; (c) Use your wireless service after activation; or (d) Use your wireless service after any change or addition after we told you that such change or addition requires acceptance by you. If you do not agree with these terms, do not do any of the foregoing. You may cancel this Wireless Service Agreement and the Subscriber Agreement if you notify us within 30 days of activation, and return the handset to us in good condition by calling 1-877-986-3150 for return instructions. If you cancel within 30 days of activation and return the handset in good condition, you will receive a refund of your activation fee; however, you will still be liable for wireless usage and shipping charges. For new activations only.
Mandatory Arbitration. As set forth in the Subscriber Agreement, you agree to a mandatory arbitration provision providing that (except for matters properly brought to small claims courts) any legal or equitable claim, controversy or dispute of any kind between you and Sprint and/or any of itsrepresentatives, including Cox, must be resolved by final and binding arbitration.
