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RESIDENTIAL CUSTOMER SERVICE AGREEMENT
For Business customer general terms & conditions, click here.
Effective Date: February 1, 2019 (v.5)
WE ADVISE YOU TO READ THIS AGREEMENT CAREFULLY INCLUDING THE ADDENDUMS FOUND AT
THE END OF THIS AGREEMENT APPLICABLE TO THE INDIVIDUAL SERVICES. ALL OF THESE
TERMS AFFECT YOUR LEGAL RIGHTS BY, AMONG OTHER THINGS, LIMITING COX’S LIABILITY
AND REQUIRING MANDATORY ARBITRATION OF DISPUTES. YOU MAY OPT-OUT OF THIS
ARBITRATION PROVISION BY FOLLOWING THE PROCEDURE DESCRIBED IN SECTION 4.
1. Introduction
2. Credit Checks/Deposits
3. Charges/Billing and Payments
4. Dispute Resolution; Mandatory Binding Arbitration; Class Action Waiver
5. Access to Your Premises
6. Cox Equipment
7. Customer Equipment
8. Phone Number, E-Mail Address and Cox Identifiers
9. Power Supply, Interruptions and Emergency Services
10. Software and Intellectual Property
11. Customer Privacy Notice and Account Security
12. Use of Services
13. Indemnification
14. Disclaimer of Warranties
15. Limitation of Liability
16. Termination
17. Miscellaneous
Cox Video Service Addendum
Cox Internet Service Addendum
Cox Phone Service Addendum
1. INTRODUCTION —
This Residential Customer Service Agreement (“Agreement”) sets forth the terms
and conditions under which CoxCom, LLC or one or more of its subsidiaries or
affiliates authorized by applicable regulatory, franchise or license authority
(each subsidiary hereafter “Cox”) agrees to provide Services (as defined below)
to you, and under which you, the Customer, agree to accept the Service. In this
Agreement, “you” and “your” mean the “Customer” who subscribes to, uses, has
access to or receives one or more Services or Cox Equipment (as defined below).
“Cox,” “we,” “our,” and “us” means the Cox entity that is providing you with
Service. Cox Services include but are not limited to residential cable
television service (“Cox Video”), high speed Internet service, including Cox
Wi-Fi (“Cox Internet” or “CHSI”), local/intrastate telecommunications service
(“Cox Local Telephone”) and associated features or applications, state-to-state
and international wireline telecommunications service, and other applications
that permit you to access certain Cox Video services, which may include your
ability to access over-the-top video content via the Internet, or calling and
other features using a broadband connection (“Mobility Applications”) (“Cox
Long Distance Telephone”; Cox Local Telephone, Cox Long Distance Telephone and
“Mobility Applications” are collectively referred to herein as “Cox Phone”),
(Cox Video, Cox Internet and Cox Phone are collectively referred to in this
Agreement as the “Service” or “Services”). The Services defined in this
Agreement do not include any other services provided by Cox or its affiliates
(for example, Cox Homelifesm security, automation and other services) or
services provided by Cox to commercial customers, which may be governed by one
or more separate agreements. Subject to Section 17(f), this Agreement shall
remain in effect at all times you are subscribed to and/or receive the
Service(s), to include following any changes you or Cox make to the Service(s)
you receive or to the Cox Equipment, Customer Equipment or other equipment (as
defined in Sections 6 and 7 below) you use.
A. Our Agreement:
You will be bound by the terms and conditions in this Agreement applicable to
the Services provided, including the additional terms and conditions contained
in the Addenda to this Agreement related to Cox Video, Cox Internet and Cox
Phone. The Services are also subject to the Annual Privacy Notice (“Customer
Privacy Notice”) and as applicable, the Annual Customer Notice -Video Service
Information and the Cox Internet Acceptable Use Policy (“AUP”). You will
receive the Customer Privacy Notice and the Annual Customer Notice each year
from Cox. These Notices and the AUP are posted on the Cox Website at www.cox.com
or at another URL Cox may designate from time to time (“Cox Website”). Your use
of the Services is also subject to any license agreements relating to any
software used in connection with the Services. This Agreement incorporates by
reference the terms and conditions of all other service agreements, tariffs and
other documents applicable to the Cox Services including without limitation: (i)
the Customer Privacy Notice, (ii) the Annual Customer Notice, (iii) if you
subscribe to Cox Local Telephone Service, the terms and conditions contained in
your state tariff or state Telephone Service Guide, as applicable, and (iv) if
you subscribe to Cox Internet, the Acceptable Use Policy. Each Service is
provided subject to federal, state and local laws, statutes, regulations, and
ordinances applicable to such Service (“Applicable Law”).
B. Minimum Term Service Agreements:
If you have entered into an Agreement with Cox for a minimum term for services
(for example, a 12, 18 or 24 month Agreement) (“Minimum Term Agreement”) the
terms and conditions of this Agreement are incorporated by reference into the
Minimum Term Agreement. To the extent any term or condition of your Minimum Term
Agreement expressly conflicts with any term or condition of this Agreement, your
Minimum Term Agreement will govern.
C. Entire Agreement:
This Agreement and all of the documents specifically incorporated herein
constitute the entire Agreement between you and Cox for the Services. No prior
agreement and no written or oral statement, advertisement, or Service
description will contradict, explain or supplement it.
D. Acceptance of Agreement:
Your Agreement with Cox starts when you accept and continues until your
subscription to the Services is terminated, except as otherwise stated herein.
Certain provisions of this Agreement will survive termination. You accept this
Agreement when you first do any of the following (“Acceptance”) upon or after
the Effective Date of this Agreement: (i) sign this Agreement by written or
electronic signature, (ii) inform us electronically or orally of your acceptance
of this Agreement, (iii) activate any Service provided under this Agreement
through a method provided by Cox, or (iv) use or pay for, in whole or in part,
your Service.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO ITS TERMS AND CONDITIONS AND THE RATES
AND CHARGES AS LISTED ON THE COX WEBSITE, IN YOUR WELCOME KIT, ON YOUR
TRANSACTION SUMMARY OR, IF APPLICABLE, THE APPLICABLE TARIFFS ON FILE AT STATE
AND FEDERAL REGULATORY AGENCIES AND/OR SERVICE GUIDES. IF YOU DO NOT AGREE TO
THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, DO NOT USE THE SERVICES
AND IMMEDIATELY TERMINATE YOUR SUBSCRIPTION TO THE SERVICES AND THIS AGREEMENT
BY CALLING COX AT THE CUSTOMER SERVICE NUMBER ON YOUR BILL OR ON COX.COM AND
RETURN ALL COX EQUIPMENT, SOFTWARE, AND ASSOCIATED MATERIALS TO COX.
E. Changes to the Agreement or Service:
Cox reserves the right to modify any of the terms and conditions of this
Agreement including any aspect of the Services in its sole discretion at any
time with or without notice. Such changes may include for example, changes to
rates, the rate plan structure, or payment policies for the Services,
rearrangement, deletion or addition of programming, changes to the features and
content of the Services, configuration and capacity of Services, changes in the
features, functionality and technical requirements for Cox Equipment and
Customer Equipment, use of vendors to provide Services, limitations of
liability, procedures for disputes and policies for termination. In order to
receive the Services, you may not modify this Agreement by making any typed,
handwritten, or any other changes to it for any purpose.
F. Notice of Material Changes:
Cox will provide you with written notice of any changes that we determine are
material to your Services or this Agreement consistent with Applicable Law. You
agree that we may provide you with such written notice (i) by sending it via
U.S. Mail or commercial overnight mail to your last known billing address in
Cox’s account records, (ii) by including the notice on or with your Cox bill,
(iii) by sending notice to your email address on Cox’s account records, (iv) by
hand delivery, or (v) by other lawful means, and you agree that any of the
foregoing will constitute sufficient notice and you waive any claims that these
forms of notice are insufficient or ineffective. All such changes will become
effective as of the date specified on the written notice and will be posted on
the Cox Website and you agree to regularly check your postal mail, e-mail and
all postings on the Website or another website about which you have been
notified or you bear the risk of failing to do so. The updated version of this
Agreement on the Cox Website will supersede any prior version of this Agreement.
You agree that your sole recourse if you do not accept any such material change
to your Services or this Agreement is to terminate this Agreement within thirty
(30) days of our notice to you. If you receive services under a Price Lock
Guarantee or other Minimum Term Agreement that requires you to pay an early
termination fee and you terminate Services subject to that Minimum Term
Agreement as provided in this Agreement upon express written notice from us of a
material change in this agreement, you will not be charged an early termination
fee under that Minimum Term agreement. Your continued use of the Services after
such thirty (30) day period will constitute your Acceptance of this Agreement as
modified.
G. Copy of Agreement or Rates:
A copy of this Agreement and the rates for the Services may be obtained by
visiting the Cox Website or the Cox office listed on your monthly Cox bill. In
addition, Cox Local Telephone Service is provided to you, depending on the state
where you receive service, pursuant to our tariffs on file with state public
utilities commissions or a state Telephone Service Guide which can be found at
www.cox.com/phone tariffs.
H. Your Subscription:
You represent to Cox that you are at least 18 years old or the age of majority
in your state. Your Acceptance of this Agreement entitles you to use the
Services. Your use of the Services is personal to you. If you permit other
persons to use the Services, you agree that you are solely responsible and
liable for any and all breaches of this Agreement, whether such breach results
from your use or use by another person using the Services provided to you, Cox
Equipment, or Licensed Software. You are responsible for contacting the Cox
customer service number listed on your monthly Cox bill immediately upon the
occurrence of any change in the status of your account, such as, without
limitation, a change in individuals authorized to use your account (“Authorized
Users”), any changes to your contact information such as name, email address,
wireline or wireless phone number, or if you move or any of your Services become
subject to a bulk agreement. You agree to keep your contact information,
including email address or contact telephone number, up to date and current.
I. Consent to Contact You:
In order to contact you more efficiently, Cox and our affiliates may at times
contact you using autodialer technology, prerecorded or artificial voice message
calls, or text messages at the telephone number(s) you have provided us. By
providing a mobile phone number, you confirm that you are the current
owner/subscriber of the mobile phone number provided or that the current
owner/subscriber of this mobile phone number authorized you to provide this
number (collectively, “Current Owner”) to Cox. You understand that by providing
this mobile phone number, the Current Owner consents to being contacted by Cox
and our affiliates at the mobile number provided. You agree to notify us
immediately if there is any change in the information that you have provided to
us, including without limitation any change in your telephone number or mobile
telephone number. Failure to do so is a breach of this Agreement. You agree that
we and our service providers or agents may place such calls, pre-recorded
messages, or texts to communicate with you about your account, service(s) and
equipment, and service agreements, including (but not limited to): (i) providing
notices related thereto, (ii) resolving technical or billing issues, (iii)
informing of installation or other service appointments, (iv) data usage, (v)
investigating or preventing fraud, and/or (vi) collecting a debt or outstanding
balance (“Informational Communications”). Also, we may share your phone
number(s) with such service providers or agents whom we hire to assist us in
carrying out these Informational Communications, but we will not share your
phone number(s) with any third parties for their own purposes without your
consent. Applicable standard telephone minute, data and/or text charges may
apply. We and our service providers or agents, however, will not use autodialer
technology, or texts to contact you for marketing purposes at the wireless
telephone number(s) you designate nor send you prerecorded or artificial voice
message marketing calls at the wireless or landline telephone number(s) you
designate unless we receive your prior express written consent as required under
federal law. Prior express written consent is not required in order to obtain or
use Cox’s products and services or to receive Informational Communications from
Cox. You agree that you shall indemnify, defend and hold us harmless from any
claim or liability resulting from your failure to notify us of a change in the
information you have provided, including any claim or liability under the
Telephone Consumer Protection Act (47 U.S.C. Sec. 227), and any regulations
promulgated thereunder resulting from us attempting to contact you at the mobile
telephone number you provided.
Return to top
2. CREDIT CHECKS/DEPOSITS —
A. Credit Checks:
In accordance with Applicable Law, Cox will rely on credit bureau reports, other
data available from commercial credit reference services, any credit information
you furnish, or internal credit information to determine whether or not to
provide Services to you, to continue to provide Services to you or whether or
not a deposit is required. You expressly authorize Cox to make inquiries and to
receive information about your credit experience from others, to enter this
information in your file, and to disclose this information concerning you to
appropriate third parties for reasonable business purposes.
B. Deposits:
As permitted by Applicable Law, based on the information we received from the
credit reporting agency, credit information you furnish, or internal credit
information, and our assessment of the risk associated with that information,
Cox Communications may require a deposit from you before providing services or
an increase in any deposit for any Service already provided to you. The terms
offered to you may be less favorable than the terms offered to consumers who
have better credit histories and the amount of deposit will vary. The deposit
will remain on your account for up to 12 months or longer, depending upon your
payment performance and Applicable Law. The deposit may be refunded to you or
applied as a credit to your bill in accordance with Applicable Law. Upon
termination of Service, the deposit will be posted to your account and applied
to any unpaid balance for any Service. If there is no balance, you will be
refunded the amount of the deposit. Except if required by law, regulation,
franchising authority or any applicable tariff, no interest will be paid on
deposits.
Return to top
3. CHARGES, BILLING AND PAYMENTS —
A. Charges, Taxes and Fees:
1. Charges and Rates:
You agree to pay by the due date on your Cox bill all charges associated with
the Services and Cox Equipment and that you or anyone using your account or
services incurs including without limitation all recurring and non-recurring
fees. Non-recurring charges may include but are not limited to (i) installation,
activation, and reactivation fees, (ii) certain equipment fees (iii) charges for
pay-per-use services such as pay-per-view, OnDemand, events and adult
programming, (iv) charges for certain premium channels or tiers, (v) data usage
or overage charges, or (vi) charges for telephone features or phone usage
charges such as, per-minute long distance calls, directory assistance, or
operator-assisted calls. Rates and charges may vary depending upon the Services
rendered and Cox may change the rates for the Services and Cox Equipment from
time to time. If you received Service(s) under a promotion, after the
promotional period ends, the then-current regular retail rate for the Service(s)
will apply. The retail rates for Cox Services and Cox Equipment may be found on
the Cox Website, in your Welcome Kit, by calling your local Cox office, visiting
your local Cox retail store, or, for phone, in the applicable tariff or state
Telephone Service Guide. All fees do not apply to all Services.
2. Governmental Taxes and Fees:
You must pay all federal, state and local taxes, franchise fees and any other
fees or payment obligations imposed by government or quasi-governmental bodies
however described, levied or assessed which are applicable to the Services or
Cox Equipment we provide you. Unless required by Applicable Law, we may elect
not to provide notice of a change in fees or taxes. You will be responsible for
paying any government imposed Surcharges that become applicable retroactively.
3. Other Cox or Third Party Surcharges and Fees:
You must pay all other Cox imposed surcharges and fees we may assess in
connection with the Services or the Cox Equipment (collectively “Surcharges”).
These Surcharges may include, but are not limited to, the Broadcast Surcharge,
Regional Sports Surcharge, federal Universal Service fees, telecommunications
relay service fees, carrier cost recovery fees, FCC Access Fees, subscriber line
charges, network interface fees, network access charges; and any other
regulatory and administrative costs we incur to provide the Services and comply
with governmental programs. These Surcharges are not government mandated fees or
taxes but are charges that are either allowed to be passed through by
governmental agencies or are imposed by Cox in order to facilitate the provision
of the Services or the Cox Equipment. A description of some or all of these
surcharges and fees may be found on cox.com under Billing and Account Support.
Additionally, certain network providers may assess per minute surcharges or fees
for calls that terminate to international wireless telephone numbers or
additional surcharges or fees for traffic termination, which may impact the
amount of Surcharges charged to you in Cox providing the Service (“Phone
Surcharges”). The amount and type of these Phone Surcharges may vary depending
upon the location of your Premises. Certain Surcharges, including some Phone
Surcharges, may occur or fluctuate according to amounts or limits set by the
government that Cox may pass through to you. Cox may not always provide advance
notice if those changes cause adjustments in the amount of the Surcharges
charged to you.
4. Third-Party Charges That Are Your Responsibility:
You acknowledge that you may incur charges with third-party providers such as
for accessing on-line services, calling parties who charge for their
telephone-based services, purchasing or subscribing to other offerings via the
Internet, or interactive options on your video service that are separate and
apart from amounts charged by us. You are solely responsible for all such
charges payable to third parties, including all applicable taxes, fees or
surcharges. In addition, you are solely responsible for protecting the security
of credit card, debit card, other financial information, or other personal
information provided to others in connection with such transactions. You have
the ability to block third party phone charges, such as collect and operator
assisted calls. Please call Cox Customer Care if you would like to block these
third party charges.
5. Unreturned Equipment Charges:
If you upgrade, downgrade, disconnect or swap-out Cox Equipment related to any
Cox Service and do not promptly return the Cox Equipment or if it is returned
damaged (“Unreturned Equipment”), the damages Cox will incur will be difficult
to ascertain. Therefore, Cox may charge your account for each Unreturned
Equipment piece, a one-time Unreturned Equipment Charge as liquidated damages in
an 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 or the replacement cost of the Cox
Equipment. If you return your Cox Equipment to Cox by mail, you will be
responsible for (i) any damage to the Cox Equipment as assessed by Cox upon
receipt, (ii) the replacement cost of such Cox Equipment if it is lost or
damaged during transit, and (iii) shipping/handling costs, unless Cox provides
written notice in advance that it will pay such costs.
6. Unauthorized and Disputed Charges:
If you do not agree with a charge on your bill or you believe it is an
unauthorized charge you must (i) pay undisputed amounts by the due date listed
on your bill and (ii) notify Cox no later than sixty (60) days after the date of
the bill (or such later date as required by law) of the disputed or unauthorized
charges by calling or writing to us at the number and address specified on your
bill and submit any documentation or other information to substantiate your
claim of unauthorized charges. You waive any disputes or credits that you do not
report within this 60 day period. Cox will investigate any disputed charges and
will use reasonable efforts to advise you of the results of our investigation
within thirty (30) days after Cox’s receipt of your notice of dispute. Cox may,
in its sole discretion, waive such charges. You will be responsible for charges
or other obligations or liabilities associated with any improper, illegal or
unauthorized use of the Services, Licensed Software and Cox Equipment as
described in Section 13 below.
B. Payments and Billings:
1. Authorized Payment Methods:
All payments must be made in U.S. currency only and via Cox-authorized payment
channels. Cox-authorized payment methods include: (i) mailing payment to the
bill payment address listed on your monthly bill; (ii) automated electronic
drafts from your checking account; (iii) delivering cash, a check or money order
payable to Cox, or paying by credit or debit card at a Cox retail store; (iv)
delivering cash, a check or money order payable to Cox, or paying by credit or
debit card at a Cox-authorized payment center (which may charge a convenience
fee); (v) providing a credit or debit card payment to a Cox customer service
representative or Cox authorized automated payment system over the telephone; or
(vi) paying by credit or debit card through the Cox website. You agree not to
make any notations or restrictions on your checks or on other forms for payment
such as “paid in full” and you agree that any such restriction has no legal
effect. If you use a credit or debit card to pay for any charges, taxes, fees or
Surcharges, you acknowledge that use of the card is governed by the card issuer
agreement, and you must refer to that agreement for your rights and liabilities
as a cardholder. If Cox does not receive payment from your credit card issuer or
its agents, you agree to pay all amounts due upon demand. When you provide a
check as payment, you authorize us either to use information from your check to
make a one-time electronic fund transfer from your account or to process the
payment as a check transaction.
2. Billing and Late Payments:
Unless you are subject to a Minimum Term Agreement, Service(s) are provided to
you on a month-to-month basis. Recurring charges and taxes are due in advance
once Service is initiated. Charges accrue through a full billing period. Cox may
prorate or adjust a bill if the billing period covers less than or more than a
full month (for this purpose, each month is considered to have 30 days); unless
you subscribe to a pay-as-you-go service which is not prorated and is billed for
a full month. We will determine the billing period and may change the billing
period from time to time. Cox will determine and may change the billing format
from time to time. You may be billed for some Service(s) individually after they
have been provided to you, including without limitation measured and per-call
charges, operator-assisted or directory assistance charges, charges for
pay-per-view or On Demand movies or events, data usage overage charges and one
time charges such as service call charges. If you fail to make full payment by
the payment due date set forth on your bill statement, Cox reserves all rights
it may have, subject to Applicable Law, to terminate Service or place the
Service(s) in Soft Disconnection, remove Cox Equipment, collect the full amount
due, including, without limitation, any applicable interest, costs of collection
(including attorneys’ fees and third party agent collection fees), late fees
(subject to state law and regulations), door collection fees, bank fees and any
other applicable fees, charges or payments. Any balance amount that remains
delinquent may be referred to a third party for collections. Once the debt is
referred to a third party for collection, you may be subject to and agree to
reimburse Cox for additional fees, including reasonable attorneys’ fees, and
fees related to costs and expenses, which may be based on a percentage of up to
25% of the balance owed (subject to state law and regulations). For past due
balances assigned to a field collector for payment, a fee of up to $25.00, or up
to the maximum amount allowed by law or regulation, will be charged to your Cox
account, regardless of how you make your payment. You may be required to pay a
reactivation or reinstallation fee and/or a deposit in addition to all past dues
charges before Service may be reconnected or restored.
3. Returned Payment:
If your payment by check is returned, your payment via credit card is denied, or
your electronic funds transfer is denied due to insufficient funds, or a closed
account, you authorize Cox to make a one-time electronic fund transfer from your
account to collect the amount of the payment plus any applicable returned
payment fees of up to $25.00 or up to the maximum amount allowed by law or
regulation. When payment is made by credit or bank card, the payment may also be
subject to the terms and conditions required by the bank or credit card issuer.
4. Soft Disconnection:
If your account has been delinquent or if Cox has a reason to believe you have
otherwise violated this Agreement, subject to Applicable Law, you may be
prevented from using certain of your Services including, for Cox Phone customers
from making outbound calls except to 911 and Cox Customer Care (“Soft
Disconnection”) prior to full termination of service. This restriction will be
lifted once you have made acceptable payments to us or otherwise meet Cox’s
minimum financial requirements, or you have communicated with Cox Customer Care
and resolved any concerns about your account, Services or compliance with the
terms of this Agreement.
5. Stored Payment Methods:
If you provide Cox with any account information, such as your bank account and
routing numbers or your credit or debit card details, we may store that
information and use it to administer your account, confirm charges, detect and
prevent fraud, verify your identity, process payments to your account that you
request in the future by telephone, mobile app, internet, or otherwise, and
comply with applicable data security protocols, including but not limited to the
Payment Card Industry Data Security Standard. Additionally, Cox may, without
prior notice to you, use your stored account information to initiate credit or
debit entries to your account as necessary to correct any mistakes or amendments
in billing, payments, or collection.
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4. DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION; CLASS ACTION WAIVER —
IF YOU FOLLOW THE PROCEDURES SET FORTH IN SECTION 4(b) BELOW, YOU HAVE THE RIGHT
TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION (EXCEPT JURY TRIAL WAIVER)
WITHIN 30 DAYS OF THE EFFECTIVE DATEOF THIS AGREEMENT; PROVIDED HOWEVER IF YOU
BECOME A NEW COX CUSTOMER AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, YOU HAVE
THE RIGHT TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION (EXCEPT JURY TRIAL
WAIVER) WITHIN 30 DAYS OF YOUR ACCEPTANCE OF THIS AGREEMENT AS DEFINED IN
SECTION 1(d) ABOVE (THE “OPT-OUT PERIOD”). OTHERWISE, YOU WILL BE BOUND TO
SETTLE ANY DISPUTES YOU MAY HAVE WITH COX THROUGH THE FOLLOWING DISPUTE
RESOLUTION PROCEDURES.
A. YOU AND COX AGREE TO ARBITRATE — RATHER THAN LITIGATE IN COURT —
any and all claims, disputes, or controversies between you and Cox, including
any parents, subsidiaries, affiliates, officers, directors, employees, or agents
of Cox, whether based in contract, statute, regulation, ordinance, tort
(including, but not limited to, fraud, misrepresentation, fraudulent inducement,
negligence, or any other intentional tort) or other legal or equitable theory
(“Dispute”) that arise out of or in any way relate to this Agreement, any of the
Services provided under this Agreement or any other Services or products that
Cox provides to you in connection with this Agreement (including but not limited
to amounts that Cox charges you for Services or products provided, any alleged
breach related to the collection, retention or disclosure of your personal
information, and any alleged violation of our Privacy Notice). You and Cox also
agree to arbitrate any and all Disputes that arise out of or relate in any way
to any services or products provided to you by Cox or any of its affiliated
entities under any other agreement. Notwithstanding this agreement to
arbitrate, you and Cox may bring appropriate Disputes against each other in
small claims court, if the Dispute falls within the small claims court's
jurisdiction, or before the Federal Communications Commission, the relevant
state public utilities commission, or any other federal, state, or local
government agency authorized by law to hear the Dispute.
B. Opt Out:
You may opt out of this dispute resolution provision (except for the jury trial
waiver contained in Section 4(g) below) by notifying Cox of that intent during
the Opt-Out Period by sending an email to Cox at ArbitrationOptOut@cox.com or a
letter via U.S. mail to Cox Legal Department, Attn: Litigation Counsel, 6205B
Peachtree Dunwoody Road, Atlanta, GA 30328 stating that you are opting out of
this dispute resolution provision. Exercising this right, should you choose to
do so, will not affect any of the other terms of this Agreement with Cox, and
you may remain a Cox customer. If you opt out of the dispute resolution
provision, that opt out will remain in effect if Cox modifies this section in
the future or you agree to a new term of service under this Agreement. If you
enter into a new agreement with Cox that includes a dispute resolution provision
and you want to opt out of that provision, you will need to follow the
instructions in that agreement for opting out.
C. Class Action Waiver:
You and Cox agree that all Disputes between you and Cox will be arbitrated
individually, and that there will be no class, representative, or consolidated
actions in arbitration. If you or Cox brings a claim in small claims court, the
class action waiver will apply, and neither of us can bring a claim on a class
or representative basis. Furthermore, neither you nor Cox may participate in a
class or representative action as a class member if the class action asserts
Disputes that would fall within the scope of this arbitration agreement if they
were directly asserted by you or Cox. We both agree that this class action
waiver is an essential part of our arbitration agreement and that if this class
action waiver is found to be unenforceable by any court or arbitrator then the
entire arbitration agreement set forth in this Section 4 will not apply to any
Dispute between you and Cox, except for the provisions of Section 4(g) waiving
the right to jury trial. This class action waiver may not be severed from our
arbitration agreement.
D. Arbitrator Authority:
The arbitration between you and Cox will be binding. In arbitration, there is
no judge and no jury. Instead, our disputes will be resolved by an arbitrator,
whose authority is governed by the terms of this Agreement. You and Cox agree
that an arbitrator may only award such relief as a court of competent
jurisdiction could award, limited to the same extent as a court would limit
relief pursuant to the terms of this Agreement. An arbitrator may award
attorneys' fees and costs if a court would be authorized to do so, and may issue
injunctive or declaratory relief if that relief is required or authorized by the
Applicable Law, but that injunctive or declaratory relief may not extend beyond
you and your dealings with Cox. Review of arbitration decisions in the courts
is very limited.
E. Informal Dispute Resolution:
You and Cox agree that you will try to resolve disputes informally before
resorting to arbitration. If you have a dispute, first call Cox Customer Care
at the number listed on your monthly bill statement. If the Cox representative
is unable to resolve your dispute in a timely manner, you agree to then notify
Cox of the dispute by sending a written description of your claim to Cox
Customer Care, ATTN: Corporate Escalation Team, 6205B Peachtree Dunwoody Road,
Atlanta, GA 30328 so that Cox can attempt to resolve it with you. If Cox does
not satisfactorily resolve your claim within 30 calendar days of receiving
written notice to Cox Customer Care of your claim, then you may pursue the claim
in arbitration. Neither you nor Cox may initiate arbitration without first
following the informal dispute resolution procedure provided in this paragraph
and thereafter, if the dispute is still not resolved, the party who desires to
initiate arbitration must provide the other written notice of the intent to file
for arbitration. If you are sending a written notice of your intent to file for
arbitration to Cox, please send such notice via U.S. mail to Cox Legal
Department, Attn: Litigation Counsel, 6205B Peachtree Dunwoody Road, Atlanta, GA
30328. If Cox is sending you a written notice of our intent to file for
arbitration, we will send it to the last known address of record we have on file
for you.
F. Arbitration Procedures:
You and Cox agree that this Agreement and the services Cox provides to you
affects interstate commerce and that the Federal Arbitration Act and not state
arbitration laws applies for all Disputes. All arbitrations shall be conducted
by the American Arbitration Association ("AAA"). The AAA's rules are available
on its website at www.adr.org or by calling 1-800-778-7879. If the claim
asserted in arbitration is for less than $75,000, the AAA's Consumer Arbitration
Rules will apply. If the claim asserted is for $75,000 or more, the Commercial
Arbitration Rules will apply. If there is a conflict between the AAA's rules
and this dispute resolution agreement, this dispute resolution agreement shall
control. To initiate arbitration, you must send a letter requesting arbitration
and describing your claims to Cox at ArbitrationOptOut@cox.com or via U.S. mail
to Cox Legal Department, Attn: Litigation Counsel, 6205B Peachtree Dunwoody
Road, Atlanta, GA 30328. You must also comply with the AAA's rules regarding
initiation of arbitration. Cox will pay all filing fees and costs for
commencement of arbitration, but you will be responsible for your own attorneys'
fees and costs unless otherwise determined by the arbitrator pursuant to the
terms of this Agreement or Applicable Law. Cox will not seek to recover its fees
and costs from you in the arbitration, even if allowed under the law, unless
your claim has been determined to be frivolous. If you are successful in the
arbitration, Cox will pay your reasonable attorney's fees and costs. If you
obtain an award from the arbitrator greater than Cox's last written settlement
offer, Cox will pay you $5,000 in addition to what you have been awarded in the
arbitration. The arbitration will be held in the county of the billing address
where Cox provided you service and either party may appear either in person or
by telephone.
G. Jury Trial Waiver:
If for any reason this arbitration agreement is found to be unenforceable, or if
you opt out of this dispute resolution agreement, you and Cox expressly and
knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that a Judge rather than
a Jury will decide disputes between you and Cox if, for any reason, the
arbitration agreement is not enforced.
H. Survival: This dispute resolution provision survives the termination of
your Services with Cox. If you bring a claim against Cox after termination of
your Services that is based in whole or in part on events or omissions that
occurred while you were a Cox customer, this dispute resolution provision shall
apply.
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5. ACCESS TO YOUR PREMISES —
A. Access to Premises:
You agree to allow Cox and/or our agents to enter the property at which the
Service(s) and/or Cox Equipment will be provided to you (the “Premises”), upon
your request, to install, configure, upgrade, maintain, inspect, change, repair
and/or remove the Service and/or Cox Equipment. You warrant that you are either
the owner of the Premises or, if you are not the owner of the Premises that you
have obtained the consent of the owner for Cox or its agents to access the
Premises for the purposes described herein including, without limitation,
consent to attach Cox Equipment to the outside of the Premises. In addition, you
agree to supply us or our agent, if we ask, the owner’s name, address and phone
number and/or evidence that the owner has authorized you to grant access to us
and our agents to the Premises. If installation of Services or Cox Equipment by
Cox at your Premises is required, Cox will schedule one or more installation
and/or service appointments with you as needed and you agree to be present or to
have a responsible representative, 18 years or older, present at the Premises
during such appointments. Failure to schedule required installation of Services
or Cox Equipment at your Premises may result in the disconnection of Services.
B. Charges for Visits:
You will be responsible for payment of any charges assessed by Cox for visits to
your Premises to install, maintain, inspect, repair or remove any Services, Cox
Equipment or Customer Equipment, including, without limitation, in response to
any difficulty caused, in whole or in part, by Customer Equipment, or other
equipment, services or facilities not provided by Cox, for service calls at
times other than normal business hours, and for any non-routine installation or
maintenance. Charges for visits to your Premises can be found on the Cox Website
or by calling Cox Customer Care at the number located on your bill statement.
C. Safe Working Environment:
You agree to provide Cox's employees and representatives with a safe working
environment while on the Premises. If a Cox employee or representative deems
the working environment unsafe in his/her sole discretion, you agree that Cox
may elect not to provide any services, including without limitation
installation, repair, maintenance, support or training services, on the Premises
until such Premises are deemed safe by Cox.
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6. COX EQUIPMENT —
A. Definition:
“Cox Equipment” means any equipment provided or rented to you by Cox or our
agents with or without a separate charge or fee in connection with the Services.
Cox Equipment also includes any software, firmware, or other programs contained
within the Cox Equipment and Customer Equipment. Examples of Cox Equipment
includes Cox provided gateways, routers, cable modems, miniboxes/DTAs,
voice-capable modems, wireless gateway/routers, CableCARDs®,
converters/receivers/set top boxes, digital adapters, remote controls, and
similar equipment used to deliver the Services. Cox Equipment does not include
equipment you may purchase at retail or from Cox directly that may perform some
or all of the functions of Cox Equipment. You agree that Cox Equipment will
remain the property of Cox and you will not acquire any ownership or other
interest in any Cox Equipment or any network facilities, cabling or software by
virtue of any payment made pursuant to this Agreement or by any attachment of
the Cox Equipment to the Premises. You agree that Cox Equipment will not be
deemed fixtures or in any way part of the Premises. You agree to use Cox
Equipment only for receiving and/or using the Service(s) pursuant to this
Agreement.
B. Changes and Upgrades to Cox Equipment:
Cox may upgrade, replace, remove, add or otherwise change the Cox Equipment at
our discretion at any time any Service is active (including Soft Disconnection)
or following the termination of your Service(s). You consent to such changes
including software, firmware and other code updates or downloads, with or
without notice to you, which may alter, add to, or remove features or
functionalities of the Cox Equipment or Service. You acknowledge and agree that
our addition or removal of or change to the Cox Equipment may interrupt your
Service(s). Cox may, at its option, install new or reconditioned Cox Equipment,
including replacing your existing Cox Equipment, for which you may incur a fee.
You agree that such changes may be performed within Cox’s sole discretion at any
time and in any manner. If Cox requests that you replace,or offers to replace
your equipment in order to provide you with better Service or stronger security,
and you do not do so, Cox is not responsible for any resulting degradation of
service or security vulnerabilities. If Cox requires that you add or replace
Cox Equipment and you do not do so, your Services may be disconnected.
C. Unauthorized Use and Prohibition on Tampering:
You are responsible and may be liable for all Cox Equipment on your Premises and
in your possession. You may not sell, lease, abandon, or give away the Cox
Equipment. You agree that you will not and you will not permit others,
including without limitation any other provider of video, telecommunications or
Internet services, to use, rearrange, disconnect, abandon, remove, relocate,
repair, service, alter, modify, tamper or otherwise interfere with the Cox cable
network, the Services, or any of the Cox Equipment including software, firmware,
or code changes without Cox’s prior written consent, which Cox may withhold in
its sole discretion. Such prohibition includes, without limitation, attaching
or, permitting others to attach any unauthorized devices to our cable network,
the Services, or the Cox Equipment, using or permitting others to use equipment
that causes interference with reception equipment, or otherwise degrades our
cable network signal quality or strength or creates signal leakage, altering a
cable modem, router or gateway to change its downloading or uploading capacity,
or altering identifying information such as serial numbers or logos. If you make
or assist any person to make any unauthorized connection or modification to Cox
Equipment or the Service(s) or any other part of our cable network, we may
terminate your Service(s) and recover such damages as may result from your
actions. You also agree that we may recover damages from you for tampering with
any Cox Equipment or any other part of our cable network or for receiving
unauthorized Service(s). The unauthorized reception of the Service(s) may also
result in criminal fines and/or imprisonment. You agree that you will not allow
anyone other than Cox or its agents to service the Cox Equipment.
D. Return of Cox Equipment:
You agree that in the event you terminate your Service, you will return, in
person, all Cox Equipment to any Cox retail center or your local Cox office
within thirty (30) days of notifying Cox of your decision to terminate your
Service, unless otherwise instructed in writing by a Cox representative. If you
upgrade or downgrade your Service(s) and the Cox Equipment that you possess is
no longer required to support your new Cox Service(s), you must promptly return
such Cox Equipment and, if applicable, exchange any advanced Cox Equipment (e.g.
HD or DVR receiver, phone/data modem) for standard Cox Equipment (e.g. standard
digital receiver, basic phone modem, etc.). Such Cox Equipment must be
returned to any Cox retail center or your local Cox office, in person, within
thirty (30) days of notifying Cox of your decision to downgrade your Service(s),
unless otherwise instructed in writing by a Cox representative. The returned
Cox Equipment must be in good condition and without any encumbrances, except for
ordinary wear and tear resulting from proper use. This provision shall survive
the termination or expiration of this Agreement.
E. Relocation of Cox Equipment:
The Cox Equipment may only be used in the Premises. You agree that you will not
remove any Cox Equipment from the Premises without Cox’s prior consent. At your
request, Cox may, at its discretion, relocate Cox Equipment for you within the
Premises at your request and at a time agreeable to you and us for an additional
charge. YOU UNDERSTAND AND ACKNOWLEDGE THAT IF YOU ATTEMPT TO INSTALL OR USE THE
COX EQUIPMENT OR SERVICE(S) AT A LOCATION OTHER THAN THE PREMISES, THE
SERVICE(S) MAY FAIL TO FUNCTION OR MAY FUNCTION IMPROPERLY. If you relocate to a
new address, you may be charged a fee to relocate the Cox Equipment.
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7. CUSTOMER EQUIPMENT —
A. Definition:
“Customer Equipment” means any equipment, software, hardware or services
supplied by you to use in conjunction with the Services or the Cox Equipment.
You warrant that you are either the owner of the Customer Equipment or that you
have the authority to give us access to the Customer Equipment. If you are not
the owner of the Customer Equipment, you are responsible for obtaining any
necessary approval from the owner to allow us and our agents access to the
Customer Equipment. Customer Equipment is your sole responsibility including all
costs of installation, maintenance and repair. You agree to allow us and our
agents the rights to insert cable cards and other hardware in the Customer
Equipment, send software, firmware, and/or other programs to the Customer
Equipment and install, configure, maintain, inspect and upgrade the Customer
Equipment. You are responsible and liable for any degradation or any
interruption of Service, damage to Cox Equipment, loss of data, loss of your
stored content or other consequences that you, Cox or any third party may suffer
resulting from your use of Customer Equipment, including any Customer Equipment
to which Cox or its agents has sent software, firmware or other programs. Cox
has no responsibility or liability for any loss of stored content or any damage
to Customer Equipment.
B. Technical Requirements for Customer Equipment:
All Customer Equipment must comply with Cox’s technical requirements which we
may post on the Cox Website and change from time to time (“Technical
Requirements”). We will not be obligated to provide Service or support where
your Customer Equipment fails to conform to Cox’s Technical Requirements.
NEITHER COX NOR ANY OF ITS AFFILIATES, SUPPLIERS OR AGENTS WARRANT THAT
CUSTOMER EQUIPMENT NOT MEETING COX’S TECHNICAL REQUIREMENTS WILL ENABLE YOU TO
SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICE(S). YOU ACKNOWLEDGE
THAT ANY SUCH INSTALLATION, ACCESS, OPERATION, OR USE COULD CAUSE CUSTOMER
EQUIPMENT TO FAIL TO OPERATE OR CAUSE DAMAGE TO CUSTOMER EQUIPMENT, YOU, YOUR
PREMISES OR COX EQUIPMENT. NEITHER COX NOR ANY OF ITS AFFILIATES, SUPPLIERS OR
AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. Cox
reserves the right to deny you customer support for the Service(s) and/or
terminate Service(s) if you use Customer Equipment not meeting the Technical
Requirements.
C. Changes and Upgrades To Customer Equipment:
You acknowledge that Cox may install Cable Cards® and other Licensed Software
and may send firmware and other code updates or downloads to Customer Equipment
which will ensure full functionality of the Service and may alter, add to, or
remove features or functionalities of Customer Equipment with or without notice
to you and you agree that such changes may be performed at any time and in any
manner. Periodically you may need to acquire new or additional Customer
Equipment to continue to use the Service or receive the best quality of Service.
B. Inside Wiring:
You may install wiring, such as additional cable wiring and outlets, inside your
Premises (“Inside Wiring”). Any Inside Wiring you have installed in your
Premises must not interfere with the normal operations of our network. If you
subscribe to Cox Complete Care (“CCC”) service and you notify Cox of a problem
with your Cox Service, Cox will repair your Inside Wiring, provide education and
issue isolation services, together with virus and spyware removal, wireless
network setup and PC optimization services, in accordance with and as set forth
in the Cox Complete Care Terms of Service which can be found at
https://www.cox.com/residential/completecare.html. Otherwise, you are
responsible for the repair and maintenance of the Inside Wiring, unless you and
Cox agree otherwise in writing. All such Inside Wiring, whether or not
installed by Cox is considered your property or the property of whomever owns
the Premises. If you do not own the Premises, contact your landlord or building
manager about the installation, repair or maintenance of Inside Wiring.
E. Cox Wi-Fi:
In addition to the foregoing, you agree that Cox may send software, firmware,
code updates, downloads and/or other programs to the Cox Equipment and/or
Customer Equipment, as set forth in Sections 6(b) and 7(c) above, and may
utilize all such equipment and attached wiring to distribute external Wi-Fi
signals for deployment of Cox Wi-Fi and related Cable Wi-Fi services (“Cox
Wi-Fi”). You will have the opportunity at any time you are a Cox Internet
customer to opt out of participation in Cox Wi-Fi services through the customer
account management tools on www.cox.com or by calling Cox Customer Care at the
number listed on your bill.
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8. PHONE NUMBER, E-MAIL ADDRESS AND COX IDENTIFIERS —
You do not have any proprietary rights to any identification number, phone
number, email address or other identifier that Cox assigns to you or your
account. We may change or reassign them, but if we do, we will notify you. You
own any email addresses associated with your account other than Cox provided
cox.net email addresses.
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9. POWER SUPPLY, INTERRUPTIONS AND EMERGENCY SERVICES —
A. Power Supply:
Except as may be otherwise described in the Cox Phone Service Addendum, the
Services do not have their own power supply and you are required to provide
power for your use of the Service. Cox will not be liable for any interruption
of Service or other damage resulting from a power outage disruption or
fluctuation (such as a power surge). The Services are not intended to be used
for activities requiring absolute reliability and accuracy. You assume complete
responsibility for any damages or injuries resulting from any interruption or
other failure of the Services due in whole or in part to a failure of power
supply. Additional limitation of Cox’s liability for the Services is found in
Section 15 and the Cox Phone Service Addendum to this Agreement.
B. Scheduled Interruptions:
Cox may schedule and interrupt Service for maintenance, repairs, upgrades,
testing, or other administrative purposes at any time except as limited by any
Applicable Law or tariff.
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10. SOFTWARE AND INTELLECTUAL PROPERTY —
A. Licensed Software:
Cox grants you a limited, nonexclusive, nontransferable and nonassignable
license to install and use Cox’s software which includes software from third
party licensors (“Licensed Software”) solely in order for you to access and use
the Services. Cox may modify the Licensed Software at any time, for any reason,
and without providing notice of any such modification to you. The Licensed
Software constitutes confidential and proprietary information and contains trade
secrets and intellectual property of Cox and its licensors which is protected
under Applicable Law. All right, title, and interest in and to the Licensed
Software will remain with Cox and its licensors. You agree not to translate,
decompile, reverse engineer, distribute, remarket, or otherwise dispose of the
Licensed Software or any part thereof. You have a license to use the Cox
Equipment, content, Service, Licensed Software and/or applications provided by
Cox and/or third party providers (collectively “Suppliers”). You agree, however,
that all such content and Licensed Software will remain the sole property of Cox
or its Suppliers and that no additional rights arise from this grant of use. By
subscribing to Services, You waive any claim against Cox or its Suppliers in
connection with this Agreement and agree that Cox and its Suppliers have the
right to enforce this provision. You acknowledge and agree that neither Cox nor
its Suppliers can provide uninterrupted or error-free service and that Cox’s and
its Supplier’s liability is limited as described in Section 15 below. You also
agree to comply with the terms and conditions of all end user software license
agreements provided to you in order for you access and to use the Services,
particularly Cox Internet. Your right to use the Licensed Software, Service, or
content ends upon termination of this Agreement.
B. Posting Your Material:
You are solely responsible and liable for all material that you upload, post,
email, transmit or otherwise make available via the Services, including, without
limitation, material that you post to any Cox website, third party website, or
any third party vendor’s service (such as a social media site) 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 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 or identifier in connection with the material, and to prepare derivative
works. No compensation will be paid with respect to the use of your material.
C. 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. For more information regarding Cox’s policies and procedures addressing
copyright infringement, please visit
https://www.cox.com/aboutus/policies/copyright.html (recipients of complaints).
D. Copyright and Trademark Notices:
Materials available on Cox Websites and on other Services are protected by
copyright law. Cox is a trademark of Cox Communications, Inc. Cox and other Cox
services referenced herein are either actual service marks or registered service
marks of Cox Communications, Inc. All other trademarks and service marks are the
property of their respective owners.
E. Links to Third Party Websites:
In your use of the Services and/or Cox Websites, you may encounter various types
of links that enable you to visit Websites 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 an endorsement by Cox of the Third Party Site, an
acknowledgement of any affiliation with its operators or owners, or 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 website.
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11. CUSTOMER PRIVACY NOTICE AND ACCOUNT SECURITY —
A. Customer Privacy Notice:
Cox will provide you with its Customer Privacy Notice upon obtaining Service and
again annually, but the most up-to-date version is always online at the Cox
Website. The Customer Privacy Notice describes how Cox may from time to time
collect, use and disclose information about you and includes information as to
your choices concerning video and Internet usage, Customer Proprietary Network
Information, use of cookies, use of location information, and other policies and
rights concerning your use of Cox Services. Changes in our Services or the law
may cause us to make changes to our Customer Privacy Notice from time to time.
We will post any changes at the Website, along with the effective date of the
changes. Cox also has the right to intercept and disclose any transmissions over
our facilities in order to protect our rights or property, to comply with the
law, pursuant to a court order or subpoena or where we believe individual or
public safety is in peril.
B. Security of your Account:
You are responsible for protecting the information required to access or make
modifications to your account (for example, passwords, PINs, secret answers to
security questions, etc.). If someone else acquires this information (through
no fault of ours), we will assume that you have authorized that person’s use of
the information and access to your account. Please report any suspected
incidents of unauthorized access to your account or unauthorized disclosure of
your account information to Cox promptly by calling the Cox Customer Care number
listed on your bill statement, visiting a Cox retail location, or writing to us
at the address listed on your bill statement.
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12. USE OF SERVICES —
A. Compliance with the Law:
You agree that you will comply with all current and future laws regarding the
Services. If you violate the law in connection with your use of the Services,
Cox Equipment, or Licensed Software, Cox may suffer harm and will have all
remedies available at law or in equity, including injunctive relief. Content
derived from the Service, Cox Equipment, the Licensed Software, and any
accompanying information is subject to applicable export control laws and
regulations of the United States. You agree not to export or re-export such
content, to any countries that are subject to restrictions or upload through the
Services any material in violation of such restrictions.
B. Non Commercial Use Only:
You agree to use the Services only for personal, noncommercial purposes and not
business activities. You may not rebroadcast, retransmit, redistribute, perform,
or charge admission to view or listen to any of the Cox Services unless you
obtain and pay for any applicable public performance licenses.
C. Misuse of the Services:
You agree to not misuse the Services, Cox Equipment, or Licensed Software. Such
misuse includes but is not limited to: (i) violation of Applicable Law and any
commercial use as described above; (ii) use in a manner that adversely
interferes with Cox’s network or reputation; (iii) any unauthorized or
fraudulent use of or access to the Services such as to avoid paying for
Services; (iv) use in a manner that infringes the intellectual property or other
rights of any third party including copying, modifying, reverse engineering,
uploading, downloading or reselling any content or Licensed Software; (v)
sending content or messages or otherwise engaging in communications that are
abusive, obscene, lewd, lascivious, filthy, excessively violent, harassing,
illegal, fraudulent, threatening, defamatory or an invasion of privacy; (vi)
modifying or tampering with Cox Equipment in any manner other than as expressly
authorized by Cox; (vii) engaging in telemarketing, fax broadcasting, spam, junk
or other unsolicited email; (viii) intercepting a third party’s communications
or accessing or attempting to access another party’s account or otherwise
circumvent any security measures; (ix) uploading any virus, worm or malicious
code; (x) using automated connections that allow web broadcasts, automatic data
feeds, automated machine-to-machine connections or peer-to-peer file sharing;
(xi) using as a substitute or back-up for private lines, or full-time or
dedicated data connections; (xii) networking hacking and “denial of service”
attacks; (xiii) using unauthorized software or devices to maintain continuous
active Internet connection when the connection would otherwise have entered idle
mode; or, (xiv) engaging in continuous or extensive call forwarding or long
distance abuse.
D. Customer Responsibilities for Improper Use:
You acknowledge that you are accepting this Agreement on behalf of all persons
who use the Service(s) and Cox Equipment at the Premises and that you shall have
the responsibility for ensuring that all other users understand and comply with
the terms and conditions of this Agreement and any applicable policies,
including, but not limited to the CHSI Acceptable Use Policy, and Customer
Privacy Notice, and any other applicable privacy notices or other policies. You
will take reasonable precautions to prevent others from gaining unauthorized
access to the Services. Except as otherwise specified in this Agreement, you
are responsible for any unauthorized use and for controlling access to the
Services, Cox Equipment, Customer Equipment, and Licensed Software including
payment of any charges incurred as a result of any such unauthorized use.
E. Monitoring Compliance with the Law and this Agreement:
Although Cox is not obligated to monitor the Services, Cox may perform tests and
inspections to confirm that you are complying with this Agreement. Cox may,
without notice, suspend, restrict access to or terminate your Service, or remove
or make unavailable any content and/or monitor, review, retain and/or disclose
any content or other information in Cox’s possession about or related to you or
your use of the Services as Cox deems necessary to satisfy any Applicable Law,
regulation, legal process or governmental request.
F. Theft of Service:
Tampering with or altering a cable system or converter to receive unauthorized
services is a Federal crime punishable by fines and/or imprisonment. We may
conduct periodic system checks and audits to detect the unauthorized receipt of
Service.
G. Call Recording; Use of Recording Devices:
You consent to Cox recording phone conversations between you and Cox for quality
assurance, analytics and internal business purposes. Your use of recording
devices to record telephone conversations transmitted over the Services is at
your own risk provided that your use complies with all federal, state and local
laws, regulations, rules and ordinances.
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13. INDEMNIFICATION —
You hereby indemnify and hold harmless Cox and its parent companies,
subsidiaries, affiliates, Suppliers and other suppliers, contractors,
distributors, licensors and business partners, as well as the officers,
directors, employees, agents and representatives of each of these (each a “Cox
Related Party”, and collectively, the “Cox Related Parties”) from any
third-party claims, actions, proceedings, damages and liabilities, including
attorneys’ fees, arising out of (i) your use, or other users use, of your
Services or Cox Equipment; (ii) any act in violation of any law committed by you
including any use of the Services that may infringe on the patent, copyright,
trademark or other intellectual property right or privacy right of any third
party; (iii) any breach by you of this Agreement; (iv) any content or software
displayed, distributed, or otherwise disseminated by you or other users of your
Services; (v) your failure to safeguard your PIN, passwords or other account
information, and (vi) your failure to replace Equipment when requested by Cox.
This Section will continue in effect after this Agreement terminates.
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14. DISCLAIMER OF WARRANTIES —
YOU ACKNOWLEDGE THAT THE SERVICES, COX EQUIPMENT, AND LICENSED SOFTWARE ARE
PROVIDED “AS IS” AND WITHOUT WARRANTIES. COX MAKES NO WARRANTIES, EXPRESSED OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OF TITLE OR NON-INFRINGEMENT AS TO THE
SERVICES, COX EQUIPMENT, AND/OR THE LICENSED SOFTWARE PROVIDED TO YOU. COX DOES
NOT MANUFACTURE THE COX EQUIPMENT, DEVICES OR LICENSED SOFTWARE AND IS NOT
RESPONSIBLE FOR ANY ACTS OR OMISSIONS ON THE PART OF ANY MANUFACTURER,
SPECIFICALLY INCLUDING A MANUFACTURER OF CUSTOMER EQUIPMENT OVER WHICH YOU
RECEIVE THE SERVICES. UNLESS OTHERWISE RESTRICTED OR PROHIBITED BY APPLICABLE
LAW, COX DOES NOT WARRANT THAT THE SERVICES, COX EQUIPMENT OR LICENSED SOFTWARE
WILL BE ACCURATE, COMPLETE, ERROR-FREE, WITHOUT INTERRUPTION, FREE FROM VIRUSES
OR OTHER MALICIOUS AGENTS EVEN IF ANTI-VIRUS MECHANISMS ARE DEPLOYED. COX DOES
NOT WARRANT THAT ANY COMMUNICATION WILL BE TRANSMITTED UNCORRUPTED OR AT ANY
UPSTREAM OR DOWNSTREAM SPEED. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF IMPLIED WARRANTIES, SO THOSE PROVISIONS MAY NOT APPLY TO YOU. THIS
SECTION WILL CONTINUE IN EFFECT AFTER THIS AGREEMENT TERMINATES.
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15. LIMITATION OF LIABILITY —
THIS SECTION DESCRIBES THE FULL EXTENT OF COX’S AND THE COX RELATED PARTIES’
RESPONSIBILITY FOR ANY CLAIMS FOR DAMAGES CAUSED BY OUR ACTS OR OMISSIONS OR THE
FAILURE OF THE SERVICES, COX EQUIPMENT, OR LICENSED SOFTWARE, OR ANY OTHER
CLAIMS IN CONNECTION WITH THE SERVICES, COX EQUIPMENT, LICENSED SOFTWARE, OR
THIS AGREEMENT. THIS SECTION WILL CONTINUE IN EFFECT AFTER THIS AGREEMENT
TERMINATES.
A. Limitation:
Neither Cox nor any of the Cox Related Parties will be liable for damages for
failure to furnish or the degradation or interruption of any Services, for a
problem with the interconnection of Services, for any loss of data or stored
content, for identity theft, or for any files or software damage, regardless of
cause, or for a problem with the service or equipment of a third party.
B. Damage to Person or Property:
Neither Cox nor any of the Cox Related Parties will be liable for damage to
property or for injury to any person arising from the installation, maintenance
or removal of Cox Equipment, Licensed Software, from use of Services or any
content contained therein including interactive or 3D, television Services, from
support for the Services, or from inclusion, omission, or error relating to
information about you in any published or electronic directory we may offer. You
recognize that you have an obligation to exercise caution and personal
responsibility including adhering to all manufacturers’ warranties accompanying
any Cox or Customer Equipment or any other equipment used in connection with the
Services and to make sure that your use of the Services and Cox Equipment does
not subject you or others to danger.
C. Monitoring:
Neither Cox nor any of the Cox Related Parties is obligated to monitor your use
of the Services. Neither Cox nor any of the Cox Related Parties will be liable,
however, for any action we take such as restricting access to obscene content or
blocking email considered to be “spam” to assure your use of the Service is in
compliance with Applicable Laws and this Agreement.
D. Third-Party Acts:
You expressly agree that neither Cox nor any of the Cox Related Parties is
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
and each of the Cox Related Parties for any such claims based on the activities
of third parties.
E. No Indirect or Consequential Damages:
YOU AGREE THAT FOR ANY CLAIMS YOU ASSERT AGAINST COX OR THE COX RELATED PARTIES
AND FOR ANY CLAIMS THAT COX OR THE COX RELATED PARTIES ASSERT AGAINST YOU, THERE
SHALL BE NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT
LIMITED TO, LOST PROFITS OR REVENUE OR INCREASED COSTS OF OPERATION, OR FOR
PUNITIVE DAMAGES, RELIANCE DAMAGES, OR SPECIAL DAMAGES. THESE LIMITATIONS APPLY
EVEN IF THE DAMAGES WERE FORESEEABLE OR WE WERE TOLD THEY WERE POSSIBLE, AND
THEY APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, STATUTE, FRAUD,
MISREPRESENTATION, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
F. Additional Limitations on Cox’s Liability for Cox Internet:
The public Internet is used by numerous persons or entities including, without
limitation, other Cox Internet subscribers. As is the case with all shared
networks like the public Internet, there is a risk that you could be subject to
“eavesdropping.” This means that other persons or entities may be able to access
and/or monitor your use of Cox Internet. If you post, store, transmit, or
disseminate any sensitive or confidential information, you do so at your sole
risk. Neither Cox, nor the Cox Related Parties or any of the Cox or Cox Related
Parties’ agents shall have any liability whatsoever for any claims, losses,
actions, damages, suits or proceedings arising out of or otherwise relating to
such actions by you. You acknowledge that software programs are commercially
available that claim to be capable of encryption or anonymization. We make no
representation or warranty regarding the effectiveness of these programs.
G. Limitations Period:
We each agree that any Claims must be brought within two (2) years of their
accrual notwithstanding any otherwise applicable statute of limitations.
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16. TERMINATION —
A. Termination:
Unless you have entered into a Minimum Term Agreement and unless prohibited by
Applicable Law, either you or Cox 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. Cox may also terminate Service without
notice to you if you fail to pay for Service or otherwise breach this Agreement,
if you violate the law or Cox policies, or if you misuse the Services or Cox
Equipment. You may terminate any particular Service and this Agreement will
remain in effect for any Services or Cox Equipment you continue to subscribe to,
use, pay for or retain. In the event of termination by you, you must notify Cox
as instructed in Section 17(d). In the event of termination by Cox, Cox may
notify you of such termination by electronic or other means.
B. Minimum Term Agreements:
If you have entered into a Minimum Term Agreement with Cox, termination of
Service will be controlled by the terms and conditions of your Minimum Term
Agreement and may include an early termination fee.
C. Customer Obligations Upon Termination:
You expressly agree that upon termination of this Agreement: (i) You will either
return Cox Equipment to Cox or permit Cox to access your Premises at a
reasonable time to remove any Cox Equipment and other material provided by Cox;
(ii) You will ensure the immediate return to Cox of any Cox Equipment in good
condition without any encumbrances, except for ordinary wear and tear or you
agree to pay Cox’s reasonable estimates of the repair, replacement and/or
incidental costs that Cox incurs as set forth in this Agreement; (iii) You will
return or destroy all copies of any Licensed Software provided to you pursuant
to this Agreement; (iv) You are responsible for storing or retrieving any
emails, voice mail messages, and material stored in Cox’s online backup service,
or other information you wish to retain after termination of the Service; (v)
You will cease use of any Services terminated; (vi) Cox is authorized to delete
any files, programs, data and email messages associated with any terminated
account.
D. Proration of Charges Upon Termination:
If Services are terminated charges will accrue through the date that Cox fully
processes the termination. You agree to pay Cox on a pro-rated basis for any use
by you of any Cox Equipment or Services for a part of a month. You must pay all
outstanding charges, including payment of any bills that remain due. You must
reimburse us for any reasonable costs we incur; including attorneys’ fees, to
collect charges owed to us. If you want us to renew the Services after
termination, we may require that you pay a deposit. For some Services, Cox may
require a minimum thirty (30) day charge regardless of the activation or
cancellation date.
E. Refunds Upon Termination:
If you terminate Service, Cox will refund the prorated unused portion of any
fees and charges you have paid in advance. If the pro-rata unused portion is
less than $5.00 Cox will make the refund on your request.
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17. MISCELLANEOUS —
A. Assignment:
Except as described in this Agreement, you may not assign or transfer any part
of this Agreement or the Service(s), Cox Equipment or Licensed Software
(including transfer to any other occupant of the Premises or to any other
location) without the prior written consent of Cox. Cox may assign all or part
of this Agreement without notice to you and without your consent.
B. Force Majeure:
Cox will not be liable for any delay, interruption of Service, failure of
performance of Cox or Customer Equipment, or any loss, liability or damage
directly or indirectly caused by circumstances beyond our control, including but
not limited to acts of God, flood, explosion or other catastrophes, causes
attributable to you, Your Equipment or your property, acts of third parties,
national emergencies, acts of terrorism, insurrections, riots, wars,
unavailability of rights-of-way, loss of use of poles or other utility
facilities, material shortages, power outages or reductions, failure of any
cable signal at the transmitter, failure of a satellite, strikes, lockouts, or
work stoppages, or any law, order, regulation, or request of the federal, state
or local governments having jurisdiction over Cox. The use and restoration of
Services in emergencies will in all cases be subject to the priority system
specified by federal regulations.
C. Governing Law:
This Agreement will be governed by the laws of the state in which you receive
the Services and applicable federal law.
D. Notices:
When this Agreement requires notice from you to Cox, you agree to provide us
with written notice to the address specified on your bill or as instructed on
the Website or by calling us. Notice by calling us will be effective as of the
date our records show that we received your call. Notices to you shall be
provided as stated in Section 1(f) above.
E. Severability:
In the event that any portion of this Agreement is held to be unenforceable in a
jurisdiction, the unenforceable portion will be construed in accordance with
Applicable Law in that particular jurisdiction as nearly as possible to reflect
the original intentions of the parties and the remainder of this Agreement will
remain in full force and effect.
F. Surviving Obligations:
Certain provisions will survive the termination of this Agreement including
Arbitration, Indemnification by Customer, Disclaimer of Warranties, Limitation
of Liability, Payment Obligations and all other provisions which by their nature
would be expected to survive.
G. Waiver and Strict Performance:
Cox’s failure to require your strict performance of any term of this Agreement
will not be a waiver of Cox’s right to require strict performance of any term or
condition herein.
H. How to Contact Us:
For any questions regarding this Agreement, billing, your Services, technical
support or other, please contact Cox by phone at the number shown on your bill,
by U.S. Mail to the address shown on your bill, or by visiting the Website and
obtaining the contact information located under “Contact Us.”
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COX VIDEO SERVICE ADDENDUM TO THE RESIDENTIAL CUSTOMER SERVICE AGREEMENT
This Cox Video Service Addendum ("Video Addendum”) is made a part of and
incorporated into the Residential Customer Service Agreement between Cox and
those Customers who receive the Cox Video Service. In the event of any conflict
between the provisions of this Video Addendum and the provisions of the
Agreement, the provisions of this Video Addendum shall control. All capitalized
terms not otherwise defined herein will have the same meaning as set forth in
the Agreement.
1. Programming:
Federal law requires that you must subscribe to Cox’s basic tier of service to
access other programming choices, including tiers of service and services
offered on a per-program or per-channel basis. Additionally, professional
sporting events, both local and national, may be subject to blackouts per the
league’s broadcast rules and regulatory requirements. Due to these blackouts,
not all programming and services will be available in all areas and programming
may be subject to change.
2. Advanced Cox Video Services Enabled Cox Equipment:
You agree that in the event that you downgrade your Cox Video Service, by
disconnecting or otherwise terminating HD, DVR or other advanced features of Cox
Video Services (such HD or DVR Cox Video Services, together with any successor
or similar Cox Video Services and other advanced services developed, offered or
provided by Cox, the “Advanced Cox Video Services”) in accordance with this
Agreement, you expressly agree that you will return, in person, any Advanced Cox
Video Services enabled Cox Equipment (the “Advanced Video Cox Equipment”) to any
Cox retail center or your local Cox office within thirty (30) days of notifying
Cox of your decision to downgrade your Service, unless you receive alternative
instructions from the Cox customer service department, in which case you agree
to follow such alternative instructions. If you return your equipment by mail,
you will be responsible for any damage to the equipment as assessed by Cox upon
receipt. Upon the Cox’s receipt of the Advanced Video Cox Equipment, you will
receive non-Advanced Cox Video Services enabled, as applicable, Cox Equipment
(the “Substitute Cox Equipment”). You may request to have Cox install your
Substitute Equipment, for which you may incur a fee. The period of time from
notification to Cox of your decision to downgrade to the earlier to occur of (i)
the return of the Cox Equipment and (ii) thirty (30) days from notification of
the downgrade shall be referred to for the purposes of this Section as the
“Grace Period.” During such Grace Period you will continue to receive your
Advanced Cox Video Services at no cost. In the event that you do not return such
Cox Equipment within the thirty (30) day period set forth above Cox will charge
you (i) for the Advanced Cox Video Services, as applicable, until the Cox
Equipment is returned to Cox or otherwise removed from your premises in
accordance with this Agreement, and (ii) if the Cox Equipment is not returned,
an Unreturned Equipment Charge.
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COX INTERNET SERVICE ADDENDUM TO THE RESIDENTIAL CUSTOMER SERVICE AGREEMENT
This Cox Internet Service Addendum (“Internet Addendum”) is made a part of and
incorporated into the Residential Customer Service Agreement between Cox and
those Customers who receive Cox Internet Service. In the event of any conflict
between the provisions of this Internet Addendum and the provisions of the
Agreement, the provisions of this Internet Addendum shall control. All
capitalized terms not otherwise defined herein will have the same meaning as set
forth in the Agreement.
1. Acceptable Use:
You agree to use Cox Internet Service strictly in accordance with Cox’s CHSI
Acceptable Use Policy, located at the Cox Website.
2. Equipment Requirements:
You may purchase, or where offered, rent a modem or gateway from Cox or you may
purchase a DOCSIS 3, 3.1 or higher, Cox-certified modem or gateway from a
third-party provider. Cox’s current Technical Requirements for your computer or
other device, if applicable, and Cox Internet level of service are available on
the Cox Website and you are strongly urged to check with your local Cox Customer
Support or online at www.cox.com for the most current Cox certified device
list. Cox reserves the right to provide Service only to users with Cox-approved
DOCSIS-compliant devices. If at any time your cable modem no longer meets Cox’s
Technical Requirements you may be required to replace your device at your cost.
If Cox requests that you replace,or offers to replace your equipment in order to
provide you with better Service or stronger security, and you do not do so, Cox
is not responsible for any resulting loss or degradation of Service or
security-related loss or exposure. Certain types of DOCSIS equipment may be
required to achieve advertised Internet speeds. You agree that you will not
connect any unauthorized equipment to the cable modem outlet. Failure to comply
with this restriction may cause damage to the Cox network and subject you to
liability.
3. Email:
When you subscribe to Cox Internet Service you will have the option to use a
single cox.net email account. At your option, you may also establish secondary
accounts with Cox and/or use email provided by other third-party providers of
email services. Cox may use any email accounts provided to Cox to send notices
as permitted by law. Cox will retain all ownership rights in the Cox-provided
email address(es).
4. Installation:
Cox or its agents may supply and install certain software and equipment, and if
required, an extra outlet, for a fee set forth in our rate plan. In order to
install the Service your computer/device and level of Cox Internet service must
meet the Cox Technical Requirements as described in Section 2 of this Internet
Addendum. You acknowledge and agree that installation of Cox Internet Services
(including the Licensed Software) may require Cox personnel and/or its agents to
open or access your computer/device. You further acknowledge and agree that such
installation and/or use of the Service (including the Licensed Software) may
result in the modification of your computer’s or other device’s system’s files.
Additionally, Cox may periodically update the software/firmware in your modem or
gateway in order to provide the Service. Cox does not represent, warrant, or
covenant that such modifications will not disrupt the normal operations of your
computer or device. Cox’s liability for any damage resulting from such
installation, use of the Licensed Software and/or file modifications is limited
as described in Section 15 of the Agreement. Unless Cox offers and you subscribe
to service and support for in-home networks you agree that Cox has no
responsibility to provide such service.
5. Service Management:
Cox manages its Cox Internet Service to improve its service offerings, protect
Customers, create new services and feature enhancements. Management activities
may include, without limitation, the following actions: rate limiting of email
as set forth in our email policies published on the Cox Website under Policies,
Speeds and Data Plans, rejection or removal of “spam” or otherwise unsolicited
bulk email, port blocking, and cybersecurity mechanisms (including
identification and blocking of viruses, phishing sites and other malware). We
also measure Customer bandwidth usage and offer a Data Usage Meter for Customers
to track their usage, see www.cox.com/datausage. Cox manages its network for the
greatest benefit of the greatest number of Customers. Cox may enforce limits on
specific features of the Cox Internet Service including, without limitation,
email storage (including deletion of dormant or unchecked email and/or
mailboxes) and Data Usage Plans. To learn the limits on specific features of the
Cox Internet Service, visit the Cox Website. Also, to review Cox’s Internet
Service Disclosures, please visit www.cox.com/internetdisclosures.
6. Service Tools and Enhancements:
Cox may provide certain enhancements to the Cox Internet Service, such as home
network management, content filtering, parental controls, Internet/WiFi access
controls, network security, and other related network management tools. Such
tools, if any, are not guaranteed and may experience disruption, inaccurate or
inconsistent results, and other limitations impacting performance. These and
other similar tools may be added or removed from the service at any time and in
Cox’s sole discretion.
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COX PHONE SERVICE ADDENDUM TO THE RESIDENTIAL CUSTOMER SERVICE AGREEMENT
This Cox Phone Service Addendum (“Phone Addendum”) is made a part of and
incorporated into the Residential Customer Service Agreement between Cox and
those Customers who receive Cox Phone Service. In the event of any conflict
between the provisions of this Phone Addendum and the provisions of the
Agreement, the provisions of this Phone Addendum shall control with respect to
Cox Phone Service. All capitalized terms not otherwise defined herein will have
the same meaning as set forth in the Agreement.
1. Additional Terms:
If you receive Cox Local Telephone Service you will be bound by any applicable
tariff, state Telephone Service Guide or telephone price sheet located on Cox’s
website at www.cox.com/phonetariffs and/or on file with the applicable State
telephone and/or federal regulatory authority. The terms of any such tariff or
state Telephone Service Guide will supersede the terms of this Agreement in the
event of a conflict relating to Cox Phone Services. If you download Cox
applications to your wireless device(s) that permit you to access certain
calling and other features of Cox Phone Service using a broadband connection
(“Mobility Applications”), you will be bound by additional terms and conditions
that will be provided separately at the time you download and/or use them.
Mobility Applications do not provide the same access to 911 services as your Cox
Phone Service. International Long Distance calling is not enabled on Mobility
Applications. If you use Cox Phone Service features to access third party
services, such as services designed to block robot calls, you may be asked by
the third party to consent to separate terms and conditions governing your use
of its service.
2. Rounding Up Charges for Voice Usage:
Any calls you make or receive using your Cox Phone Services are rated on full
minutes of use and minutes are rounded up to the nearest whole minute. For
example, a call that lasts for 5 minutes will be billed for 5 minutes of usage,
and a call that last for 5 minutes and 1 second will be billed for 6 minutes of
usage.
3. Phone Number Portability:
When we assign a phone number to you, you will not have any rights to it, other
than your right to port your phone number to another carrier who will accept
that number and consistent with applicable regulations. You may authorize
another carrier to transfer your number from Cox to that carrier. By porting
your number, you are terminating all Cox Phone Services, features and
applications that Cox provides to you associated with that telephone number;
however, you will be responsible for all charges that you incur prior to this
deactivation, for any applicable Early Termination Fee, and charges that apply
to any Cox Phone Services, features or applications associated with other
telephone numbers that have not been ported. The telephone numbers utilized for
Cox Phone Service are assigned in accordance with applicable federal and state
numbering rules. Therefore, Cox cannot accommodate the assignment of a telephone
number outside of the telephone rate center to which that number is
appropriately assigned.
4. Equipment Requirements and Charges:
A telephone modem may be required for the duration of your Cox Phone Service
subscription. Cox may provide such modem to you. If Cox provides the telephone
modem to you, upon disconnection of Cox Phone Service, the Cox modem must be
returned within 30 days of disconnection of such Service or an Unreturned
Equipment Charge may apply.
5. Customer Equipment:
You are responsible for ensuring that any telephone handsets modems, or other
Customer Equipment not issued by Cox that you use with Cox Phone Service are
compatible with the service. Cox is not responsible if you are unable to use the
service or for interruption, failure, or degradation of the service caused by
such Customer Equipment.
6. Backup Power for Telephone Service:
The telephone modem or gateway and certain other telephone service related
devices use household electrical power to operate. Cox Voice Service will not be
available during a power outage without a backup battery in the telephone modem
or gateway or other telephone service related device(s). You may purchase a
backup battery for Cox-provided modems or gateways that will enable your Cox
Voice Service to continue to operate for up to twenty-four hours in standby mode
or up to 12 hours of talk time during a power outage using a corded phone
connected directly to the telephone modem or gateway. (Cordless phones require a
power source separate from the backup battery. Cox recommends you keep a corded
phone for use in the event of an outage.) If you are a Lifeline customer, you
may obtain a battery from Cox without charge. If (i) the modem that supplies
your Cox Phone Service is disconnected or moved, (ii) the backup battery is not
charged or otherwise becomes inoperable, or (iii) there is an extended power
outage, Cox Voice Service, including access to E911, will not be available. It
is your responsibility to monitor the health of the battery and obtain a
replacement (see www.cox.com/battery) if the battery is reaching the end of its
useful life.
7. Emergency Services and Home Monitoring:
Your Cox Phone Service(s) includes 911/Enhanced 911 functionality (“911”) that
may be provided by vendors and other third parties and may differ from 911
functionality furnished by other providers. As such, it may have certain
limitations. CAREFULLY READ THE FOLLOWING INFORMATION. YOU ACKNOWLEDGE AND
ACCEPT ANY LIMITATIONS OF 911. YOU AGREE TO CONVEY THESE LIMITATIONS TO ALL
PERSONS THAT MAY HAVE OCCASION TO PLACE CALLS OVER THE SERVICES. IF YOU HAVE ANY
QUESTIONS ABOUT 911, VISIT WWW.COX.COM OR CALL COX CUSTOMER CARE AT THE NUMBER
LOCATED ON YOUR BILL STATEMENT.
A. Availability:
Cox Phone Service, including access to 911 service, will not be available during
a power outage without a backup battery or if the modem is moved or inoperable.
If you have a home alarm system or home health monitoring system that relies on
your telephone line to operate, you will lose access to the service during a
power outage unless you have a backup battery. If Cox does not provide a modem
or backup battery power for Services utilizing a telephone modem, you may
provide it and assume all responsibility for its maintenance. Cox uses your Cox
Phone Service address to allow emergency responders to identify your location
for 911 Service.
B. Location Information:
In order for your 911 calls to be properly directed to emergency services, Cox
must have your correct Premises address. If you move Cox Phone Service(s) to a
different address without Cox’s approval, 911 calls may be directed to the wrong
emergency authority, may transmit the wrong address, and/or the wireline Cox
Phone Services (including 911) may fail altogether. Therefore, you must call Cox
Customer Care at the number listed on your bill statement before you move your
wireline Cox Phone Service to a new address. Cox will need several business days
to update your Premises address in the 911 system so that your 911 calls can be
properly directed. All changes in service address require Cox’s prior approval.
To ensure that 911 dispatch receives your correct address, the telephone modem
should not be moved, even inside your home. You must notify Cox in advance if
you would like to move or relocate your Cox Phone Service.
C. 911 Functionality and Limitations:
Calls, including calls to 911, may not be completed if there is a problem with
network facilities, including network congestion, network/equipment/power
failure, or another technical problem. You understand and acknowledge that all
Cox Phone Service(s), including 911, will be disabled if your account is
suspended or terminated.
D. Suspension and Termination:
You understand and acknowledge that all Cox Phone Service, including 911, as
well as any online features, where we make these features available, will be
disabled if your account is suspended or terminated. If your account is in Soft
Disconnection status, you will be prevented from making outbound calls, except
to 911 and Cox Customer Care as more fully explained in Section 3(b)(4) of the
Agreement.
E. LIMITATION OF LIABILITY AND INDEMNIFICATION.
YOU ACKNOWLEDGE AND AGREE THAT NEITHER COX NOR ANY OF THE COX RELATED PARTIES
WILL BE LIABILE FOR ANY SERVICE OUTAGE, INABILITY TO DIAL 911 USING THE
SERVICE(S), AND/OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL. YOU AGREE
TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COX AND ITS AFFILIATES, SUPPLIERS AND
AGENTS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND
EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) INCURRED
BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THESE SERVICE(S) ARISING
FROM OR RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE(S), INCLUDING THOSE
RELATED TO 911.
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