Below is our interpretation of the Mediacom Residential Agreement that can be found here. These are the terms that you agree to when you enter into a relationship or sign a contract with the company.
We have kept the headings from the contract in place, but rewritten the content of the agreement in order to simplify the legalese so that you can understand what is going on. So, skim through this document to make sure that you that you are comfortable with everything being presented.
1. Terms
When you subscribe to or use a service from Mediacom, there are several documents and terms that detail the rights and obligations regarding the use of that service. Your agreement and use of the service are governed by:- Residential Customer and User Agreement: This is the general document that lays out the terms for using any of Mediacom’s services. It’s applicable to all their services.
- Addenda: Some specific services have additional terms or conditions outlined in separate documents, known as Addenda.
- Work Order: This indicates which services you’ve ordered and the dates they’re activated or installed. It might be a paper document, email, or even a recorded phone call. It also has important terms you need to adhere to.
- Privacy Notice: This document explains how Mediacom handles your personal information. It’s applicable to all services and is available both during the service installation process and online.
- Acceptable Use Policy (AUP): This policy lays out what’s permissible when using Mediacom’s services. All users of the service must abide by this policy, regardless of whether they’re the account holder. It’s also accessible online.
- Tariffs: Specifically for telephone service, these terms are documented and filed with government agencies that regulate phone service providers. They’re accessible to the public, sometimes online.
- Mediacom Policies: These are additional guidelines that might apply to certain services. They’re usually published online or given to subscribers.
- Other Terms: These are additional terms for specific services or equipment. They might cover prices, service characteristics, or third-party requirements related to the service.
- Obtaining Service Terms:
- If you need a copy of the terms for your Mediacom service, you can contact their Customer Service or check online at www.mediacomcable.com.
- Defining “Your Agreement”:
- “Your Agreement” encompasses all the Customer Agreements related to any of your services with Mediacom.
- This agreement is comprehensive, replacing any prior discussions, proposals, or agreements you might have had with Mediacom or its affiliated companies.
- It is created without any assumptions that a specific programming service or set will remain part of the service.
- Statements made by Mediacom representatives, whether oral or written, outside of this Agreement aren’t binding.
- The only obligations Mediacom has to you are explicitly mentioned in your Agreement.
- Any terms with a capital letter in your Agreement have a unique meaning defined within the Agreement.
Conflicting Terms
- If there’s a contradiction between terms in different parts of the Agreement, the ones most specific to the service or issue at hand will prevail.
- Any statements by Mediacom on websites, promotional materials, phone conversations, etc., that aren’t part of the express provisions of the Agreement, don’t alter the Agreement’s terms and are non-binding.
- If there’s a conflict between an Addendum and the main Residential Customer and User Agreement, the Addendum’s terms will dominate.
- If there’s a contradiction between a Work Order and the main Agreement, the Work Order’s terms take precedence.
- State Law Conflicts:
- If a term in your Agreement clashes with a mandatory state law provision that cannot be changed or waived, the state law will override the conflicting term in the Agreement.
2. Age
- You must be at least 18 years old or the legal adult age in your state to get Mediacom services. The account needs to be in your legal name.
3. Some Basic Stuff You Need to Know About Your Services
- What You Get at First:
- When you order a service, we’ll tell you its starting price and what’s included (like which TV channels you get, internet speed, or phone features). These details can change later, as explained in Section 7.
- Different Customers, Different Deals:
- Mediacom can offer various versions of the same service with different prices, features, and rules. Also, other people might get different prices or terms for the same service you have. You can’t complain or claim any special prices or deals given to others.
- Who Can Use Your Service and What You’re Responsible For:
- The services are mainly for regular home use. Unless your agreement says otherwise, you can only use them where Mediacom sets them up (your home). Only you, your family, and guests should use them. You’re responsible for how the services are used, even if you didn’t know about it. For instance, if someone uses your internet and breaks Mediacom’s rules, you could be held responsible.
- If someone, say, makes an overseas call or orders a special TV channel from your home, you’ll have to pay for it. If you or anyone else uses a service without paying, or if someone who shouldn’t be using the service does, you might face penalties, extra charges, or even legal consequences.
- Mediacom Might Need to Visit Your Place:
- Sometimes, Mediacom needs to come into your home. This could be to set things up, do repairs, or check that everything’s working correctly. If you ever decide to stop using all of Mediacom’s services and they don’t have another reason to come in, you can tell them they can’t enter after giving a year’s notice. If you’re renting your place, you have to get the owner’s permission for Mediacom to enter. If Mediacom does any work in your home and there’s damage because they were careless, they’ll fix it. Otherwise, you’ll need to handle any repairs or touch-ups.
- Mediacom Decides Resources for Services:
- Mediacom can choose how much effort and resources they want to put into a service. They can change this anytime they want. If this affects the quality of your service, they’re not responsible.
4. Service Interruptions may Occur because of Power Outages or for Other Reasons.
Service Interruptions: Sometimes our services might be paused or stopped. This could be planned (like for maintenance) or unplanned. We might not always be able to tell you ahead of time. Power-Related Service Interruptions: Our services rely on external power sources. If there’s a power outage in your area or on our side, our services might stop working. This means devices or services that rely on our services, like 911 calls, home alarms, or health monitors, might not work either. Remember, you’ll need to make sure you have a power source for each service you use. About Battery Back-Up: We sell battery backup units. They can keep our phone modem running if there’s a power cut. But, this doesn’t mean you’ll always have service during an outage. Also, not all phones or devices will work, especially if they need regular power. The battery is made to last either 8 or 24 hours on standby, but actual times can vary. Things like how old the battery is, what else is plugged into it, and how much you’re using the modem can affect battery life. No Refunds for Service Interruptions: Unless your contract with us says otherwise, we usually won’t offer refunds or credits if our services stop or are unavailable. This applies whether it’s due to power issues, equipment problems on your end, or other reasons not directly in our control.5. Prohibited Use of Services.
Usage Rules:- You can’t:
- Use any of our services or features without permission.
- Resell, share, or copy our service.
- Use our service in illegal ways or ways that break your contract, harm someone else’s property or rights, or go against Mediacom’s rules.
- If you break these rules or any others in your contract, Mediacom might:
- Limit, pause, or end your access to our services.
- Tell the police or other authorities.
- Use other legal means to address the issue. We might do this without telling you ahead of time (unless the law says we must) and we’re not responsible for any effects this has on you or anyone using our service.
- By using our service, you’re agreeing that Mediacom, or the people we work with, can:
- Check how the service is used, like what content is viewed, uploaded, or downloaded.
- Share information if needed, such as to follow the law, run our service, or protect Mediacom’s best interests and those of our users.
- If we think something being posted, sent, or stored breaks the rules, is offensive, or is illegal, we can choose not to allow it or to remove it.
- To check on customer usage, Mediacom might need you to have specific equipment or settings.
- Just because we can monitor and take action doesn’t mean we always will or that we’re responsible for what users post or do. It’s just an agreement that we have the right to do so if needed.
6. Monitoring Service Usage.
When you use our service, you’re agreeing that Mediacom (or people we hire) can, if the law allows:- Keep an eye on how the service is used, like checking emails, what’s uploaded, or the content being viewed.
- Share details if needed, like for legal requests, to run our service, or to keep Mediacom and our users safe.
7. Changes to Services or Terms.
Fees & Charges Mediacom can change the cost of our service or introduce new fees, unless we’ve made a different agreement with you in writing. Terms & Service Details We might adjust or replace this agreement’s terms, update our service’s features, or ask for different equipment or software. This can include:- Tweaking service speeds or email account limits.
- Adjusting included service features, like call minutes or internet bandwidth limits.
8. Equipment.
Equipment from Mediacom: Services might need specific equipment or software at your location. Mediacom can provide this, sometimes for a fee. Anything we give you, except for what you buy, is Mediacom’s property. If we don’t provide what you need, you’ll have to get it yourself. If you buy equipment from us, you pay the price we tell you. Once installed or shipped, this becomes your property, referred to as “Customer Equipment” in this agreement. For any issues with equipment you buy, return it to Mediacom within 90 days. We’ll replace it, but that’s the limit of our responsibility. Customer Equipment: Should you supply your equipment, whether from Mediacom or another provider, for a Service, it’s essential to ensure it meets our requirements. You’ll handle all expenses related to your equipment. We won’t necessarily support or service it, and we might manage the software of devices on our network. Changes to Mediacom Equipment: Mediacom can, but isn’t required to, update or replace its equipment. We can do this without telling you in advance. Sometimes, you might need to swap or pick up equipment from us. If you don’t work with us on these changes, your service quality might drop, or you might lose it altogether. We don’t promise that our updates will work with any equipment you’ve bought or provided. If our updates affect your equipment, fixing or replacing it is on you. Mediacom Equipment Guidelines: Keep all Mediacom equipment safe. Don’t mess with it and ensure no one else does either. Specifically, no unauthorized software should interact with it. Even if you move, the equipment can’t move or be used elsewhere without our say-so. Network Interface Device (NID): Switching to our Service might mean changing or disconnecting a NID or similar equipment you already have. If you later leave our service, reconnecting or tweaking the NID might cost you. We won’t cover that expense. Equipment Requirements: Over time, we might adjust what equipment or software our services require. We aren’t obligated to keep supporting older equipment, including anything you’ve bought or supplied. If requirements shift, you might need new items, which you’ll have to buy. Handling Damaged or Missing Equipment: If our equipment (apart from what you’ve bought) goes missing, gets stolen, or is damaged under your care, you’ll have to pay us a set fee, even if it wasn’t your fault. We’ve fixed this fee because it’s hard to value the equipment or calculate potential losses. If you find and return lost or stolen items within three months of compensating us, and they’re in good shape (normal wear and tear allowed), we’ll refund you.9. You do not Acquire Ownership of Telephone Numbers or E-Mail Addresses.
You don’t own any rights to the Services, such as phone numbers, call designations, IP addresses, or email addresses provided by Mediacom. Mediacom can change or reassign these at any time. If a Service ends for any reason, Mediacom can reclaim these items. Typically, IP addresses are dynamically assigned, not static, unless otherwise agreed by Mediacom in writing.10. Software.
Mediacom lets you use their software (including ones from other companies) only as it relates to their Service. If the software is for mobile, you can only use it on a device you own or control. Mediacom can change the software anytime without telling you. You have to follow the rules in this Agreement and any other rules Mediacom or other software creators might give you. If you stop using Mediacom’s Service or if they tell you in writing, you can’t use their software anymore. You’re only allowed to use the version of the software Mediacom gives you, and you can’t let anyone else use it. If you stop using Mediacom’s Service, your right to use the software ends. You can’t change the software, figure out how it was made, or break its security features. You also can’t use it in ways not allowed by this Agreement. Mediacom and their partners own the software; you’re only being allowed to use it. If any part of the software is “Open Source Software” (software with specific free-to-use licensing), the rules of that open source license will apply to that part, not this Agreement. Details about this Open Source Software and its rules can be found in a “Legal Notices” section.11. Billing and Payment for Services; Credit Checks, Deposits and similar matters.
Credit Checks: Mediacom may verify your credit standing, possibly through credit reporting agencies. Deposits for Services: Mediacom might ask for a deposit before providing a service or equipment. Deposits don’t replace your responsibility to pay bills on time. Mediacom can use deposits against any owed amounts. Billing Start and Order Cancellation: You’re billed from the moment a Service becomes available. If you cancel before that, there might be termination fees and expenses. Canceling phone Service before initiation means you risk losing your phone number, and Mediacom isn’t liable for any fallout. Fees and Charges: You’ll pay recurring and non-recurring charges, taxes, and other fees associated with the Services:- Recurring Charges: Regular charges for Services, usually paid monthly in advance.
- Non-recurring Charges: One-time fees like installation or service calls not caused by Mediacom.
- Other Charges: Any applicable surcharges, government fees, and taxes.
- Additional Fees: Extra costs might include returned check fees, card chargeback fees, early termination, reconnection, and collection fees.
12. Refunds
If you’ve made any advance payments for a Service that we didn’t get, we’ll use it to cover any fees or charges you owe. You won’t get a refund or credit if there’s a disruption or change mentioned in Section 4 or 7, unless the law specifically requires it or if it’s stated elsewhere in your Agreement. If a Service completely stops working for a whole day or longer, and it wasn’t planned or caused by power cuts, bad weather, or any big uncontrollable event mentioned in Section 22, you can ask for a credit. This credit will be a portion of your monthly fee, based on how long the disruption lasted after the first day. If you’ve paid to watch a special event and there’s an outage, you can ask for a partial refund based on how long the event was interrupted. Make sure to ask for these credits within a month of the disruption. Just to be clear, any situation covered in Section 7 doesn’t count as a “disruption” or “failure” in this context.13. You Are Obligated to Protect Us Against Claims and Costs We Incur because of Your Acts and Omissions and other Causes Related to Your Services.
You promise to cover costs for Mediacom and its related groups if they face legal claims or expenses due to:- Injuries, damage, or loss caused by the setup of Mediacom equipment at your place or any service they provide, unless it’s because of their serious negligence or intentional bad actions.
- Any unauthorized use of Mediacom’s service from your account or at your place.
- Anytime you or anyone using the service:
- Breaks the terms of your Service Agreement.
- Uploading or downloading content.
- Breaks the law.
- Does something else that causes an issue.
14. Our Services are Not Guaranteed and We Make No Warranties.
Mediacom provides its services, equipment, and software “as they are” and “when available.” Anything said or written outside of your agreement with Mediacom doesn’t guarantee anything extra. Mediacom doesn’t promise that everything will always work perfectly or that their products will fit every need or situation. In places where the law doesn’t allow these kinds of statements, they might not apply to you. In particular, Mediacom doesn’t promise:- Constant, uninterrupted, or safe access to their services.
- Service availability at specific times or dates.
- Any particular internet speeds.
- That their services will work with all your devices or software.
- That all services will always work as planned.
15. We are Not Liable if Our Advice or Recommendations Do Not Produce Promised or Anticipated Results., functionality, benefits or merits of any item, the foregoing terms shall govern and prevail.
If Mediacom suggests or provides you with any software, equipment, or advice, it doesn’t mean they’re guaranteeing that it’ll work perfectly or fit your needs. Mediacom isn’t responsible:- If their suggestions don’t work as you hoped.
- For any issues caused by the software or equipment.
- For any problems that come up if you follow their advice.
16. Limitations and Exclusions of Liability by Mediacom and Other Persons.
Key Points of Agreement:- This section further clarifies limits to Mediacom’s responsibilities, even if other parts of the agreement suggest otherwise.
- Mediacom won’t cover damages or losses beyond what you pay in a month, except where the law says otherwise.
- If for any reason some of these limits aren’t legally valid, Mediacom still wants to limit its responsibility to the least amount allowed by law.
- Mediacom isn’t responsible for indirect losses or damages, unless state law says otherwise.
- Direct Damages: Mediacom won’t owe you more than what you’ve paid them for a month’s service, even if something goes wrong.
- Indirect Damages: Mediacom isn’t responsible for unexpected side effects or issues (like lost business) due to their services or equipment.
- Nature of Claims: No matter how you frame your complaint or what legal basis you use, these limits apply.
- Legal Action Timing: You have a year from an issue occurring to take legal action against Mediacom, unless you alerted them about the issue within that year.
- Third-party Dependencies: Mediacom sometimes relies on third parties for its services. They’re not responsible for issues caused by these third parties.
17. Arbitration:
This is a super long section of the terms that basically says that Mediacom and you have agreed to solve certain disagreements through arbitration rather than going to court. It’s crucial that you’re aware of this, as it changes how some disputes will be handled. Even if this agreement ends, this specific provision about arbitration will still apply.18. Privacy.
Mediacom may gather, monitor, utilize, and share your personal details and activity when using their facilities, but this is governed by laws and Mediacom’s own Privacy Notice & Subscriber Policies. Some reasons they might share this information include protecting their interests, obeying the law, or ensuring safety. You have the responsibility to keep your personal details, like account numbers and passwords, safe. If someone else gains access to this info, Mediacom might treat them as though they’re you and share your data with them. Additionally, using certain services might inadvertently share your info with third parties. If this happens, or if a third party acts in some way, Mediacom isn’t responsible.19. Termination of Service or Your Agreement.
Termination by You:- You can stop any Service by notifying Mediacom 7 days in advance.
- If you subscribed to a bundle or special offer, specific terms might apply to your cancellation rights.
- You should inform Mediacom via writing or a phone call to disconnect and return their equipment.
- If you cancel parts of a bundle, the prices for the remaining Services might go up.
- There may be termination fees.
- Mediacom has the right to end your Service(s) at any point, for any reason.
- They aren’t responsible for setting up your devices after termination.
- They’ll give notice before disconnecting if required by the law.
- Stop using the Service and its associated equipment and software.
- Pay all dues related to the Service and the equipment until termination or until you return the equipment.
- There might be termination charges.
- Return all Mediacom equipment promptly, ensuring they’re in good condition.
- If you don’t return equipment from services like DVRs, you might still get charged until the equipment is given back.
- If equipment isn’t returned, is damaged, or isn’t in good condition, you have to pay its full retail price or the listed rate. They might also charge your credit card/bank account for unreturned items.
- Once a Service ends, emails and other data linked to your account won’t be forwarded, bounced, or stored by Mediacom.
- Mediacom might delete your content, but they aren’t required to.
- Usernames, IP and email addresses, and URLs linked to your Service will no longer be accessible.
20. Mediacom Not Liable for Third Party Transactions.
If a Mediacom Service allows you to engage or transact with third parties, including purchasing goods or services:- You are waiving any right to hold Mediacom and its associated parties accountable for any kind of claims, demands, or damages. This includes damages that are both real and potential, whether they are known or unknown, obvious or hidden.
- Essentially, if Mediacom redirects or refers you to a third party, or if you have any kind of interaction with a third-party through Mediacom, Mediacom is not responsible for any subsequent issues or complications.
21. Residents of Apartment Buildings and Similar Properties.
Mediacom can sometimes offer its services in a bulk manner to entities like apartment buildings, condos, hotels, and other multi-unit properties. The property owners or managers then distribute this service to individual units within their property. Regardless of the arrangement:- All provisions of this agreement still apply to every resident or user in these properties.
- This holds true even if the individual resident or user does not have a direct subscription or account with Mediacom.
22. Miscellaneous:
Transferring Agreement or Account Rights:- Mediacom can transfer parts or the entirety of your Agreement without needing your approval.
- You cannot transfer your account or Agreement without Mediacom’s written consent.
- Mediacom isn’t liable for issues arising from uncontrollable events like natural disasters, terrorism, computer disruptions, or changes in law.
- Disputes related to the Service are governed by the laws of the state where the services are rendered.
- Arbitration is under federal law.
- Both parties waive their right to a jury trial.
- Class actions are not permitted.
- Most third parties can’t benefit from your Agreement.
- However, Mediacom’s affiliates, suppliers, and contractors can benefit from the protections in the Agreement.
- Mediacom can notify you in various ways, including electronically.
- If any part of your Agreement is deemed invalid, the rest remains valid. Only the Arbitration section is exempt from this.
- Certain terms persist after the Agreement ends, such as disclaimers and arbitration clauses.
- Mediacom must provide written consent to give up any rights or remedies.
- The Agreement should be read for its intended meaning, not biased towards either party.
- Definitions apply to both singular and plural forms.
- Specific terms like “include” and “or” have broader interpretations.
- The word “person” applies to individuals and various entities.
- Headings don’t influence the Agreement’s interpretation.
- If the Agreement says Mediacom “may” do something, it’s up to them to decide.