Cox Business Policies
Your Privacy Rights as a Cox Business Customer
2014 Customer Information
When it comes to your personal information, we keep only the information needed to serve you. We treat this information as private and do not sell it to others. We work to keep your information secure and will destroy it when no longer needed. If a service requires an exception to this promise, we will give you clear, prior notice and the right to choose how your information will be used.
We cannot cover here every situation that affects your personal information, but we have included those we believe are most of interest to you. We show any important changes in bold. We also offer updates for you at Cox.com. If you receive your bills electronically, we will send this notice by email. If you would like a written copy, contact us at email@example.com.
Information – What Do We Collect?
Your Information – We limit the information we collect from you.
In providing our services, we sometimes collect information about your business ("Your Information"). This may include: name, address, telephone numbers, social security or Federal Tax ID number, driver's license number, premium services you select, demographics, user ID, password, PIN, email addresses and communications records. It may include information concerning subjects like credit, billing, payment, security deposits, maintenance, repair and services. We may also collect information about your video equipment, computer hardware and software, modems, routers, usage, settings and preferences to aid in customer support and in recommendations for you.
Our policy is to collect only the information needed to provide the services we may offer with the quality you deserve. We take reasonable precautions to identify you or your authorized representative when contacted about your account. We sometimes ask for information for special reasons, such as for research, in surveys or registering in apps or at our web sites. If so, we will tell you first how we will use it, and you may choose not to participate. When we offer new services to you, we will tell you what information we need and how we may use it.
Cable Television Services – How we collect and use viewing information.
We may use cable and Internet technologies to collect information about your video selections. We treat this information as confidential, and we will not use it to identify you to third parties other than affiliates, vendors and business partners without your consent. We use this information to make recommendations to you and for other purposes, such as to market new or additional services to you. You may opt-out of our use of viewing information for recommendations for most devices by using the settings menu on your set-top box or application.
We collect anonymous viewing and demographic information and may use or share it with others for programming, ratings, marketing, advertising and similar purposes. Also, some types of cable television services, such as pay-per view, interactive, entertainment-on-demand and some types of devices we provide you, may collect and use limited personal information in fulfilling the service.
Internet Services – We limit what we collect about your Internet use.
Like most Internet service providers, we automatically collect and store Internet Protocol (IP) addresses (an identifier given to your connection while online), the volume of data transmitted and received by your service, Internet connection performance, modem MAC address, and connection dates and times. We may also collect and store other usage statistics, such as the volume of data transmitted by protocols, devices and services, to help us understand how our network is used and to tailor the services we offer. If you are accessing the Internet away from your home through a Wi-Fi connection provided by Cox or its partners, we may also collect the device MAC ID, device type, and session information such as duration and location of the access point used.
Application Services – Apps may have special policies.
Telephone Services – Special protections apply to your telephone service.
In providing telephone services, we receive usage information, including calls made and received and their duration. We treat this information as private and retain it in most jurisdictions for up to eighteen months. We do not share these records with others, unless we receive a lawfully issued request. We do not listen to or record your calls to third parties. We do monitor and record certain calls with Cox customer care employees or agents for quality and training purposes.
Wireless Services – Wireless services sold by us are subject to the terms, conditions and policies of their provider.
Cox Home Security – Home security services offered by Cox are subject to this policy and the terms, conditions and policies contained in their service agreement.
What Information Do We Use or Share?
Personal Information – How we use Your Information.
We consider Your Information confidential, and use it only in providing the services we or our partners offer for such things as sales, installation, training, operations, administration, advertising, marketing, support, development of new services, network management, maintenance, customer care, communications with you, and billing and collection. We may combine Your Information with demographic and other information for purposes consistent with this Policy.
Sharing Restrictions – Limits on sharing.
It is our policy not to disclose Your Information to others outside of Cox, our affiliates, vendors and business partners without your prior consent. You can ask us to note your account with a special flag as added assurance of this promise.
Aggregate Information – How we use information about groups.
As explained above, we use and share aggregate information about usage by groups of customers for a variety of purposes. Aggregate information is collected anonymously and does not identify individual customers. We may use this aggregate information along with demographic data from other sources and may share it with others.
Outside Parties – Sharing restrictions.
We sometimes use affiliates, vendors or partners in providing services and may share Your Information for these purposes. We require these parties to assure at least the level of confidentiality we maintain. We also prohibit them from using Your Information for any other purpose.
Telephone Services – Protecting your telephone privacy.
If you call to discuss your telephone account, we may ask for your "Cox PIN", found in the top right portion of your bill. If you request, Customer Care can remove your PIN number from your bill to enhance your security. At Cox offices, telephone customers must show a government issued photo ID. If you, or anyone authorized by you, make significant changes to your telephone account, Cox will send you notice to confirm that you made these changes. If you suspect that someone may have made unauthorized changes to your account, contact Customer Care at the telephone number on your bill. If we discover any unauthorized access to your account, we will send you notice promptly, in keeping with applicable law.
Our telephone customers can designate their listings as non-published for print or electronic directories or for directory assistance services. We do not publish these directories and are not responsible for their content or accuracy. Because of the complexity of this process and the involvement of others, errors sometimes occur. Our telephone services are subject to tariff or contractual terms that limit our liability in the event of listing errors. For more information on telephone privacy, see the Customer Proprietary Network Information notice below.
Cable Television Services – Interactive services and other uses.
When you use an interactive service to participate in or to order a product or service, we will ask for your permission to provide contact information to the appropriate party. As explained above, we also use viewing information for certain purposes.
Internet Services – Online protections we provide.
Unless addressed to us, we do not read the content of your online communications. We may however, retain and provide such communications if we are legally required to do so. We generally scan incoming and outgoing email messages electronically to identify and filter out likely spam. We also monitor for malware and other threats that could harm your equipment, the network or other users. We may communicate with you online concerning such threats, as well as concerning offerings from Cox that you may be interested in. For more information, see our Policies at Cox.com.
Special Exceptions – We reserve the right to disclose Your Information if we have a good faith belief it is necessary to: (1) comply with the law; (2) protect our rights or property or those of others; (3) respond to fraud, abuse or unauthorized reception; (4) enforce our Policies posted on Cox.com; or (5) act in an emergency to protect your safety or that of another. We may also transfer Your Information as a part of a sale or transfer of business operations.
What Should I Know About Internet Security?
Taking Proper Precautions – Things you should know.
Maintaining the security of your personal computer is an important way to protect your privacy and to help us protect our network and customers. You must follow our Policies posted on Cox.com and maintain your antivirus software, firewall, wireless network security and your operating system to prevent harm and potential theft of data. You should regularly back up your computer to preserve your files, including messages you want to keep, and change your login password regularly. Always be sure you know whom you are dealing with before clicking on an Internet link or giving personal information. When communications enter the Internet, it is possible for outside parties to access them. Since we cannot control web sites or services operated by third parties, you should review their terms of service and privacy policies before use. We encourage you to visit our website at Cox.com or the Federal Trade Commission ("FTC") at http://www.ftc.gov for tips on protecting yourself.
We may take protective action related to your Internet service or contact you to help with security issues we identify, such as malware infections. Unsecured Wi-Fi home networks can make you vulnerable to a number of problems, such as unauthorized persons using your Internet service. We may check for unsecured Wi-Fi networks attached to Cox Internet service and provide instructions on how to secure them. We monitor our network and scan incoming and outgoing email messages to filter out likely spam, harmful messages, viruses, malware, spyware and related threats that could harm your equipment, the network or others. We may also share network traffic data with trusted third parties who work to protect ISPs and the Internet from botnets and other threats.
Spam – What we do to protect you.
We try to block incoming and outgoing spam using a variety of methods. You can help by preventing unauthorized access to your computer. You can forward unwanted spam to firstname.lastname@example.org and phishing scams to email@example.com to help update our filters. We may use email to send transactional, informational, or relationship messages related to your service. However, we will never ask you to send personal information to us by unsecured email. If you prefer, you may opt-out of marketing messages we may send by notifying us in response to the email you receive.
Cookies and Web Beacons – Online tools and how to use them.
We and other parties that place ads on our websites may use "cookies" and web beacons or clear GIFs to collect anonymous information about your visit to our website and to manage your preferences. These tools do not provide any other personal information about you. They can, however, be read by the website that placed them to note information about your visit, such as your type of browser, operating system and IP address. Cookies may also help to recognize you when you log in as a registered user or as a repeat visitor. You can control the cookies your computer accepts through the settings on your web browser. Doing so, however, may limit the personalization available to you. We use these tools to tailor our site to better serve you by remembering you and any options you select. We may share non-personal information obtained from these tools with vendors, advertisers and others.
Behavioral or Interest Based Ad Options – Ad tracking technologies and how to control them.
Cox and other website owners or advertisers may use special types of cookies or other tools to provide customized ads based on visits to their websites. You can find more information about these tools, including benefits they can provide at http://www.networkadvertising.org. Many companies that collect information for behavioral advertising are members of the Network Advertising Initiative ("NAI"). NAI offers the ability for you to opt-out of the behavioral advertising programs of their members by going to http://www.aboutads.info/choices. Please note that if you use a different computer, change your web browser, or delete your cookies, you may need to renew your opt-out choices. As there is no commonly accepted response for Do Not Track signals initiated by browsers, we do not respond to them.
About Law Enforcement and Legal Requests
Information Disclosure – What we must disclose.
We regularly receive legal requests for customer information from government and law enforcement personnel. We also receive discovery requests in civil cases. In all such cases, we cooperate by providing the information required by law. Cox does not volunteer customer information or give access to customer communications to law enforcement or others, except in the "Special Exceptions" detailed above or if we have a good faith belief that an emergency involving an immediate danger of death or serious physical injury requires disclosure. Many criminal subpoenas require that we not disclose or notify you of the request. Due to this fact and the volume of requests we receive, we do not assume any duty to notify you of receipt of any legal requests.
Internet Information – We sometimes receive subpoenas for information concerning your Internet access. Files shared over "peer-to-peer" services often include your IP Address, and you could be identified in this way if we receive a lawful subpoena. Law enforcement can obtain details about your Internet use and the content of communications through a warrant or similar authority.
Telephone Information – Law enforcement must obtain a warrant or other similar authority to use a telephone wiretap or a device to capture dialing information. Law enforcement can also subpoena account and call record information.
Cable Television Programming Selections – Your video programming selections may generally be obtained only under court order, after notice is sent to you and you are given the opportunity to object in court.
How We Protect the Security of Information
We continue to work on new ways to protect Your Information. For our most sensitive databases, we use encrypted formats within controlled and secured environments that have restricted access. Although we work to ensure the integrity and security of our network and computer systems, we cannot guarantee that our security measures will prevent unauthorized access or use. We retain personal customer information of current and former customers until no longer needed for business, tax or legal purposes.
About Child Pornography
We work closely with the National Center for Missing and Exploited Children and other groups to eliminate child pornography on the Internet. The law requires us to report any evidence concerning child pornography we learn of.
Customer Information Access and Enforcement Rights
You may check the accuracy of personal information in your account by contacting a Customer Care representative. You may also examine Your Information and advise us of any errors you believe we should correct, upon prior request and at your own cost, during business hours at the Cox office listed on your bill. You can enforce your legal privacy rights concerning our collection, use and sharing of your personally identifiable information. Among your remedies is the right to seek damages under 47 U.S.C. 551.
Other Terms and Changes in Policy
Our Network Practices
We may take measures to respond to extraordinary levels of usage, denial of service attacks, or other circumstances that may have a significant effect on your service or the service of other subscribers. We are committed to the management of our network to improve service offerings, protect you, and create new services for you. We use inspection technology to understand the types of traffic on our network, for growth and capacity planning, for customer service and analysis purposes, and to develop and market products and services that may be of interest to you. We do not use inspection technology to shape or throttle Internet traffic. We may use inspection technology for security purposes including identification and blocking of botnets, viruses, phishing sites, and malware. We use other measures to ensure the best overall experience for you, such as: rate limiting of email (as set forth in our email policies), email storage limits (including deletion of dormant or unchecked email), rejection or removal of spam, and data usage management. We also employ other means to protect customers, children, and our network, including blocking access to child pornography.
Customer Proprietary Network Information
There are special protections for personal information we obtain in providing telephone services to you. That information, when matched to your name, address, or telephone number is "Customer Proprietary Network Information" or CPNI. Examples of CPNI include: who and when you call; where you call from; how much you spend on local and long distance phone calls; the phone services you receive; pricing plans; billing information; and your PIN number, password and other security measures. Cox does not sell your CPNI information, and your CPNI will not be disclosed to third parties outside of Cox and our affiliates, agents, joint venture partners, and independent contractors, except as required by law or detailed here.
By law, we can use your CPNI to offer our communications-related services to you, unless you request otherwise during the 30-day period following receipt of this notice. You can also withdraw the right for us to use your CPNI at firstname.lastname@example.org. When you contact us, we may ask for your consent to use your CPNI in marketing our services. This consent applies only for the duration of the call or Internet session. Restricting our use of your CPNI will not affect your service. If you previously contacted us to approve or restrict our use of your CPNI, we will continue to honor your request and you do not need to contact us again.
Annual Do-Not-Call Registry Notice
To help reduce unwanted telemarketing calls, the FCC offers telephone subscribers the opportunity to register their residential telephone numbers, including wireless numbers, in its national Do Not Call registry. You may register for the list without charge by calling the FTC at 1-888-382-1222 or TYY 1-866-290-4236 from the telephone number you are registering or by going online at www.donotcall.gov. The FCC/FTC rules contain an "established business relationship" exception that permits a company that has such a relationship with you, like us, to call even if your number is registered.
Cox Business Acceptable Use Policy
This Acceptable Use Policy ("AUP") applies to all Cox Business Internet-related services, including without limitation services provided through WiFi ("Service" or "Services"). Use of any of the Services shall at all times be subject to the terms and conditions of this AUP. This AUP is incorporated into any applicable agreement between Cox Business and Customer that states the AUP applies, including without limitation any applicable Commercial Services Agreement and retail or wholesale Master Services Agreement (each an "Applicable Agreement"). The AUP may be amended by Cox Business from time to time and the current version will appear on the Policies page on cox.com. Customer's continued use of the Services following an amendment shall constitute acceptance.
In the event of a conflict between an Applicable Agreement and this AUP, the terms of this AUP will govern. Questions regarding this AUP and complaints of violations of this AUP can be directed to email@example.com.
A. General Information on Use of the Services
1. Illegal or Infringing Activity. Customer is prohibited from using the Services for any activity that violates, or constitutes an attempt to violate, any local, state, federal or international law, order or regulation, or to engage in tortious conduct. Customer may not use the Services to harm or attempt to harm a minor, including, but not limited to, by posting, possessing, disseminating, or transmitting material that is unlawful, including child pornography. Customer may also not use the Services in a manner that infringes on the copyright, trademark, moral rights, patent, rights of privacy, rights of publicity or any other intellectual property right of any third party.
2. Spamming/Unsolicited Email. Sending unsolicited email messages, including, without limitation, commercial advertising and informational email is prohibited. Unsolicited advertisements or solicitations sent from other networks which reference email accounts or websites hosted at Cox Business shall be treated as if they originated from the account referenced. Customer may not:
- (a) use the Cox Business Service as an emaildrop for responses from unsolicited email;
- (b) falsify end-user information, including forging, altering or removing email headers; or
- (c) reference Cox Business or any related entity (e.g. by including "Organization: Cox Business" in the header or by listing an IP address that belongs to Cox Business or any related entity) in any unsolicited email even if that email is not sent through the Cox Business network.
- (d) use another site's email server to relay email without the express permission of the owners of such site.
Cox Business uses several spam reporting services to identify unsolicited email messages and senders. Listing by one or more of these services may result in suspension of Service to Customer. Each case will be individually investigated by Cox Business. Cox Business may condition reconnection of Services upon removal of the listing from the spam reporting service.
3. Harvesting/Spidering/Spyware. The collection of email addresses, screen names, or identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or the use of software (including "spyware") designed to facilitate this activity, or use of a list obtained from such means is not allowed. An end-user suspected or found harvesting email addresses may be blocked from sending email until Cox Business is satisfied that the activity has stopped.
4. Network Management. Cox is committed to the ongoing management of its network to improve its service offerings, protect Customers, and create new Services and feature enhancements for its Customers. Unless requested by Customer, Cox does not shape or throttle Internet traffic based on the particular online content, protocols or applications a Customer uses. Cox uses multiple measures to ensure the best overall experience, including, without limitation: rate limiting of email (as set forth in our email policies), email storage limits (including deletion of dormant or unchecked email), and rejection or removal of "spam" or otherwise unsolicited bulk email. Cox also employs other means to protect Customers, children, and its network, including blocking access to child pornography (based upon lists of sites provided by a third party and an international police agency), and security measures (including identification and blocking of botnets, viruses, phishing sites, malware, and certain ports as set forth below). Cox may take any appropriate measures, whether or not they are described above, in response to extraordinary levels of usage, denial of service attacks, or other exigent circumstances that have a significant effect on our Customers' ability to use Services or Cox's ability to provide the Services. Although Cox Business has no obligation to monitor Services provided and/or the network, Cox Business and its various affiliates reserve the right to monitor bandwidth, usage, and content from time to time to operate our Services; to identify violations of this AUP; and/or to protect the network and Cox Business customers. Transmission speed of the Service may vary with the number of end-users using the Services. Customer may not remove Cox Business owned and managed equipment from Customer's premises without prior written permission from Cox Business.
5. Customer Responsibility for End Users. All references to "Customer" in this AUP shall apply to any end-user of the Service(s). If Customer allows others to use the Services, Customer is responsible for ensuring that all such end-users comply with this AUP. Customer is responsible for ensuring that all accounts, sub-accounts, and alternative account names associated with Customer's principal account comply with this AUP. In the event of a suspected violation of this AUP, Customer will cooperate with Cox Business and will promptly provide Cox Business with information about Customer's end-users upon request from Cox Business. Cox Business may suspend or terminate Services to Customer (including Customer's end-users) if Cox Business determines or receives a complaint that an end-user has violated or is violating this AUP.
6. Resale and Redistribution of Services.
- (a) The Services are provided to an individual person or company pursuant to the Applicable Agreement and such use is subject to the Applicable Agreement and this AUP. It is a violation of this AUP to provide Services to any third parties not named, described or authorized in the Applicable Agreement without prior written permission from Cox Business. This includes, but is not limited to, the sharing of bandwidth or services through wireless access points or wired links. Notwithstanding the foregoing, educational institutions, hotels, and military barracks may resell or redistribute Cox Business Internet Service to its residents or guests located on their property subject to the terms and conditions set forth in this Section 6. If permitted by the Applicable Agreement between Cox Business and a sales agent or service broker, such sales agent or service broker may be authorized by Cox Business to resell the Services to end-users approved by Cox Business; however, such Services may not be resold by anyone other than the sales agent or service broker authorized by Cox Business, including any end-user of such sales agent or service broker.
- (b) Approved Resale. If Customer has been authorized in writing by Cox Business to resell the Services, the following provisions apply:
Customer agrees that:
(i) any resale of the Services shall not relieve Customer of its payment obligations under the Applicable Agreement with Cox Business;
(ii) Customer shall be solely responsible for managing end-user trouble reports and providing all support to its end-users using the Services, and Customer shall not have its end-users contact Cox Business directly in the event that technical support is needed except as otherwise provided in the Applicable Agreement;
(iii) Customer shall be responsible for and shall indemnify and hold Cox Business harmless from and against any and all liabilities, judgments, claims, losses, obligations, damages, penalties, actions, or other proceedings, suits, costs, fees, expenses and disbursements (including reasonable attorney's fees) arising out of, relating to or resulting from any violations of this AUP by its end-user(s) in connection with the use of the Services,
(iv) Customer shall not make any guarantees to its end-users regarding availability or speed of the Services;
(v) Customer shall not use any Cox Business trademarks or logos and shall not market or sell the Services using any Cox Business trademarks or logos;
(vi) Customer is responsible for ensuring that all end-users of the Services agree to the terms and conditions of this AUP, as may be amended from time to time;
(vii) if Customer becomes aware of a violation of the AUP by any of its end-users, Customer shall suspend the Services to such end-user and shall notify Cox Business in writing as soon as reasonably practicable;
(viii) Cox Business reserves the right to terminate or suspend the Services to Customer's end-user(s) if, in Cox Business' sole discretion, the AUP has been or is being violated by Customer's end-user(s); and
(ix) if Customer provides the Services to more than one (1) end-user and Cox Business reasonably determines that Customer or any end-user of Customer is violating this AUP or any existing law or regulation in a manner that poses an immediate and substantial threat of harm to Cox Business' network or its ability to provide Services to Customer, its other end-users or other customers, Cox Business reserves the right to immediately suspend or terminate the Services to all of Customer's end-users, including Customer, if Cox Business does not have the ability to determine which end-user is responsible for the violation. Customer understands that Cox may not have the ability to pinpoint the source of an AUP violation if end-users other than Customer are using the Services. Cox shall use commercially reasonable efforts to notify Customer and the offending end-user(s), if possible, of such suspension or termination and the reasons therefor as soon as reasonably practicable. If Customer sells or resells advertising or web space to a third party Customer will be responsible for the contents of that advertising and the actions of that third party. Cox Business has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of this AUP. Cox Business may suspend or terminate the Services if Customer refuses to remove any advertising or other third party content it deems objectionable.
7. Security. Customer is solely responsible for the protection of their computer equipment. Customer is responsible for any misuse of the Services, even if the inappropriate activity was committed by an employee, consultant, guest or other individuals who have access to Customer's system or network. Therefore, Customer must take steps to ensure that others do not gain unauthorized access to the Services. The Services may not be used to breach the security of other end-users or to attempt to gain access to any other person's or entity's computer, server, software or data, without the knowledge and consent of such person or entity, including attempts to circumvent the end-user authentication, or probing the security of other networks. Customer may utilize scanners, sniffers and any other such security analysis tools to maintain Customer's own network as long as Customer only uses such tools with respect to Customer's own network. Customer shall not scan, probe, or use security analysis tools against the Cox Business network or the networks of our other customers. Use of or distribution of tools designed for compromising security of non-Customer networks, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited. Customer may not willfully or knowingly disrupt the Services or interfere with computer networking or telecommunications services to any end-user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, and attempts to "crash" a host. The transmission or dissemination of any information or software which contains a virus or other harmful feature, and the improper or unauthorized seizing of operator privileges, are prohibited. Customer is solely responsible for the security of any device Customer chooses to connect to the Services, including any data stored on that device. If Cox Business detects that Customer's equipment or Customer's Internet transmissions contain viruses, trojans, worms or similar malicious content that adversely affects the Cox Business network or otherwise compromises the integrity or the operation of the Cox Business network, Cox Business may disconnect or suspend Customer from the Services immediately. In such event, Cox Business will make reasonable efforts to promptly contact Customer regarding the interruption of the Services. It is Customer's sole responsibility to ensure that any device they connect to the Cox Business network remains secure and virus free. Login credentials such as, but not limited to, passwords and personal identification numbers to any Cox Business managed or owned sites and servers must follow the Cox Business password requirements. Accounts that do not follow this guideline may be suspended until Customer complies and is secured. Cox Business will not make changes to Customer accounts without proper authorization. In the event of any partnership dissolution, corporate reorganization, or other legal proceeding involving Customer and the Services, Cox Business may put the account on hold and suspend the Services until the situation has been resolved to Cox Business's reasonable satisfaction. Customer is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through Customer's account, Customer will be liable for any unauthorized use of the Cox Business services, including any resulting damages.
8. Customer Information Disclosure. Cox Business and its distribution affiliates and vendors may cooperate with law enforcement authorities in the investigation of suspected criminal violations to the extent permitted by law. Cooperation may include Cox Business or its vendors providing the name, IP address(es), or other identifying information regarding Customer or its end-users. Cox Business will not release any personally identifiable information regarding Customer (except publicly available information) or Customer's end-users to law enforcement or government agency except upon presentation of
- (a) a subpoena issued by a government entity in a civil or criminal investigation or litigation;
- (b) a civil investigative demand issued by a government entity; or
- (c) a court order or other similar legal mandate. Cox Business may release such information based upon its sole reasonable judgment as to the validity of any such order. If Cox Business is ordered by a court of competent jurisdiction to monitor Customer's connection to comply with a court order or legal process, Cox Business will treat that information as confidential and only divulge the necessary information as required by such order or legal process.
9. Inappropriate Content and Unacceptable Links. Cox Business is not responsible for any information accessed by Customer through use of the Services. If using the Services to reproduce, publish, display, transmit and distribute content, Customer warrants that the content complies with this AUP and Cox Business and its distribution affiliates are authorized to reproduce, publish, display, transmit and distribute such content as necessary for Cox Business to deliver the content in a timely manner.
10. Newsgroups. Messages posted to newsgroups must comply with the written charters or FAQs for those newsgroups. Customer is responsible for determining the policies of a given newsgroup before posting to it. Posting or cross posting the same or substantially similar messages to more than eight newsgroups is prohibited. Repeated complaints about Customer not meeting the charter of a newsgroup or posting off-topic may result in termination of Cox Business Services. Customer shall not post to any Usenet or other newsgroup, forum, or list articles which are illegal or inappropriate in the local forum.
11. Internet Relay Chat. Cox Business Services may be used to participate in "chat" discussions, however, the Services may not be used to perform chat "flooding." Any single computer or other device connected through the Services may not maintain more than 2 simultaneous chat connections. This includes the use of automated programs, such as "bots" or "clones". Automated programs may not be used when the end-user is not physically present at the device. The Services may not be used to access any chat server in violation of the acceptable use policy of that server.
12. Misuse of System Resources. Customer shall not use scripts or programs which consume excessive CPU time or storage space to permit the use of email services, email forwarding capabilities, POP accounts, or auto responders other than for the Customer's account; or to resell access to scripts installed on Cox Business servers. Cox Business shall determine in its sole discretion whether Customer is misusing system resources.
13. Web Hosting. If Customer operates a website through Cox Business, the terms of this AUP will apply. In addition, if the website is hosted on a third party web hosting service through agreement with Cox Business, the third party may also have additional requirements. If Cox Business receives a complaint about a Customer's website, Cox Business will make reasonable efforts to notify Customer about the complaint. Cox Business is not liable if a third party web hosting service takes down Customer's website.
14. IP Addresses. Cox Business's IP address policy is based on RFC 2050 and the American Registry for Internet Numbers (ARIN) guidelines for Internet Service Providers. However, Cox Business may allocate IP addresses in any manner which it determines, in its sole discretion, is reasonable for the operation of the Services. When Cox Business assigns an IP address to Customer, ownership of the IP address does not transfer to Customer or any end-user; ownership of all IP addresses assigned by Cox Business remains with Cox Business at all times. IP address assignment may be changed by Cox Business at any time in order to enhance network efficiency, however, notice will be provided to Customer. Unused IP addresses may be reclaimed by Cox Business upon notice to Customer. IP addresses are relinquished by Customer upon the expiration, termination or cancellation of the Services. Cox Business may require an ARIN organizational ID from Customer to complete IP requests. If requested, the organizational ID must be provided. Customer may call ARIN at 703-227-0660 to obtain an ID. Please contact Cox Business for any questions regarding IP address rules and policies.
15. Domain Name Registrations. If Customer requests, Cox Business will register an available domain name on behalf of Customer, and such registration and use shall be subject to the terms and conditions required by the domain name registrar, which may be amended from time to time and are presently posted at http://help.register.com/.
16. Use Of Residential Cox High Speed Internet Services. Cox Business customers using cox.net email addresses in conjunction with their Cox Business Services must also abide by the Cox High Speed Internet residential service Acceptable Use Policy ("Cox Residential AUP"). Please review the Cox Residential AUP for compliance located at http://ww2.cox.com/aboutus/policies.cox#acu.
17. Termination. Upon termination of Customer's Services, Cox Business is authorized to delete any files, programs, data and email messages associated with such account.
B. Features and Limitations of CoxMail® Email Service.
1. When utilizing Cox Business email servers, end-users are restricted to 300 recipients per message. This includes recipients in the ‘CC', ‘BCC' and ‘TO' fields. Each source IP may send a maximum of 900 messages per hour.
2. Forwarding/Filtering of Incoming Email. Cox Business is not responsible for the forwarding or storage of email sent by Customer or end-user where the account has been suspended or terminated. Cox Business has the right to block electronic communications from other entities on the Internet where necessary to protect the Cox Business network and Cox Business customers. Cox has the right to disable immediately any account in order to forestall further abuse or damage to email systems.
3. Email Virus Detection. Cox Business email servers employ virus detection and prevention methods. If a virus or malware is discovered in an email, the virus or malware will be cleaned or deleted. No report will be sent to Customer because most infected email contains a 'fake' reply address. Cox Business Customer Safety Department may contact Customer upon receiving a complaint.
4. Trash Folder retention. Messages that remain in the Trash folder on the CoxMail® server for 30 days or more after receipt will be deleted without notice. Customer may retain an email message indefinitely by moving it to an alternative folder.
5. Administration of Third Party Email Server (Non-Cox Business Email Server). Cox Business prohibits the relaying of Customer email from Customer's or third party owned/administered email servers through Cox Business email servers. Customers who maintain their own email server or have an email server through a third party shall not use any Cox Business outbound email servers to deliver their email to the recipients.
6. CoxMail® Dormant Mailbox Retention
- (a) Dormant Mailbox Locked: When a non-administrative Mailbox* is not checked for new email for at least 120 days, it is considered dormant and will be locked ("Dormant Mailbox"). New messages sent to a Dormant Mailbox will be returned as undeliverable. Dormant Mailboxes can be reactivated by accessing your CoxMail® Mailbox via webmail (coxmail.com), POP-3 client (ex. Outlook), or by setting up an automatic forward to an active email account. (*A non-administrative mailbox is a mailbox that does not have administrative rights. Administrative mailboxes, which allow an end-user to manage and provision mailboxes, are not locked for non-use). For more information on CoxMail® administrative Mailboxes go to http://control.coxmail.com.
- (b) Dormant Mailbox Deleted: When a Dormant Mailbox is not checked for new email for an additional 60 days after it is locked, the Mailbox and any messages in the Mailbox at that time are deleted. PLEASE NOTE: Deleted email cannot be recovered. New messages sent to a deleted Dormant Mailbox will be returned as undeliverable. If your mailbox is deleted you will lose any personalization (all folders, address book entries, and preferences). If this occurs and you wish to set up a new mailbox, contact your local Cox Business customer support representative.
C. Mass Mailing
1. Definition of Mass Mailing. Mass Mailing is defined as emailing to more than 150 recipients per message by either Cox Business customers or through their 3rd party email agents. Before Customer or its end-users engage in Mass Mailing, Customer must obtain written approval from Cox Business. Customer must complete the Mass Mailing request form located at http://massmailing.coxmail.com, and, if approval is granted by Cox Business, Customer must comply with all instructions and requirements outlined by Cox Business before Customer may engage in Mass Mailing. Cox Business may request to review the content of your bulk mailings prior to approval. Please allow up to 72 hours for a response. Mass Mailing is not included as part of any Cox Business service offering and Customer has no contractual right to engage in Mass Mailing until and unless Customer receives written approval from Cox Business. Cox Business may approve, deny, or condition permission in its sole discretion. Cox Business may rescind previously granted permission in its sole discretion if Customer violates any Mass Mailing policy. Formal approval must be received before Mass Mailing can commence; lack of response to a Mass Mailing request is deemed a denial of Mass Mailing authorization.
2. Customers may only send email to recipients who have intentionally requested to receive information via electronic distribution from the originating domain name or business referenced within the content of the email. Without exception, Cox Business prohibits the practice of mass mailing unwanted email solicitations of any type ("Spam"), regardless of content, and will take action to prevent this practice. Email distribution lists that are purchased or freely received from a 3rd party and/or are represented to Customer as "opt in" clean lists are not exempt from this AUP.
3. Mass Mailing Requirements for Approved Mass Mailing Customers
- (a) Recipient Limits and Send Rate: When approved for mass mailing and utilizing Cox Business email servers, end-users are restricted to 300 recipients per message and 100,000 recipients per hour. Cox Business email servers also limit each source IP address to approximately 900 messages per hour. If Customer uses a third-party mail server or Customer's own mail server to send mass mailings, these restrictions do not apply.
- (b) All email distributions must have a functional and clear option or instructions for unsubscribing or "opting-out" of the subscriber list.
- (c) For all email distributions, the subject of the email must match or relate to the body of the text.
- (d) The email must contain a valid physical postal address.
- (e) "From", "Reply-To", "Return-Path" and "Error-To" headers must be valid and each email address must accept any bounces at the rate they may occur.
Messages that do not follow these requirements will be rejected by the server.
Cox Business reserves the right to reject any request to perform a mass emailing for any reason. Cox Business reserves the right to cease processing a sender's email if the mailing is overly burdensome on the Cox Business email servers. For example, this could happen due to an exceptionally large attachment or an attempt to flood the server, but should not occur with normal sending usage.
D. Complaints and AUP Violations.
If Cox Business receives a complaint against Customer or believes there is a violation of this AUP, Cox Business will investigate and if appropriate, inform Customer of the complaint. Cox Business will work with Customer to obtain a mutually satisfactory resolution to the complaint/violation and advise as to any necessary corrective action; however, if a resolution cannot be reached in a reasonable period of time depending upon the nature of the complaint or violation, Cox Business may suspend the Services. Cox Business reserves the right to act immediately and without notice to suspend or restrict Services in response to a court order, government mandate, or if Cox Business reasonably believes Customer's activity is harmful to the Cox Business network or its other customers. The failure of Cox Business to enforce this AUP for whatever reason does not constitute a waiver of any right to do so at a later time. Cox Business is not liable for suspension or termination of Services arising from an alleged or actual violation of this AUP.