Effective: April 16, 2019
Your subscription to the Service requires that you have established an account (your “Account") with Cox in connection with your use of Cox Internet. You agree and confirm that you provided accurate and complete information when you subscribed to the Service ("Service Registration Data"), and you agree to update your Service Registration Data to keep it accurate and complete. Failure to provide accurate, current and complete Service Registration Data may result in the suspension and/or termination of your Service Plan. You agree that Cox will use the Service Registration Data you provide for use in maintaining and billing fees to your Account for the Service.
The Cox Elite Gamer Service
The Cox Elite Gamer Service routes your game activity through a dedicated gaming network to provide a reduced latency path between your computer and the game servers of select online games. Your use of the Service outside of a Cox Internet service area may adversely impact the performance of the Service. The list of games that may be used with the Service is available on the Service Website (“Supported Games”), and Cox may modify the list of Supported Games and/or remove Supported Games at any time. Subject to on-time payment by you of all amounts due for use of the Service and full compliance by you with the terms of this Agreement, you have a personal, non-exclusive, non-transferable right to access and use the Service in accordance with the Service Website, this Agreement and any instructions we may include in the Service or issue from time to time. Cox Elite Gamer and any games played through the Service are for your personal and non-commercial use only. Cox Elite Gamer is neither a game store nor a game subscription service. Supported Games are not included as part of the Service and are provided by third parties. You are responsible for all charges associated with the purchase and use of Supported Games.
Use of the Service requires compatible devices including a personal computer with Windows 7 or higher (or other Windows versions or operating system specified by Cox on the Service Website), and Cox Internet Preferred 150 High Speed Internet or higher, each of which may require periodic updates. Your use of the Service is subject to additional system requirements set forth on the Service Website, as such requirements may be updated by Cox from time to time. The Service will not operate with game consoles or Macintosh operating systems. The Service may be affected by the performance of your Internet service and your equipment. Use of a wired Internet connection is recommended for optimum performance. You agree that meeting these requirements, which may change from time to time, is your responsibility.
We offer various Service plans which have different subscriptions and fees (each, a "Service Plan"), and we may change these Service Plans from time to time. The prices stated for our Service Plans do not include any fees or taxes that we may charge. You can upgrade or downgrade your Service Plan on the Service Website or by calling Cox Elite Gamer support. Upgrades and downgrades to your Service Plan will take effect immediately. Your data usage from use of the Service and online gaming will count toward your monthly data usage, and you will be responsible for any applicable overage charges for data usage that is in excess of the data usage included in your data plan.
By registering for the Service, you are agreeing to pay the applicable monthly fees as stated on the Service Website ("Service Fees") plus any taxes we are required to collect under the tax rules applicable to the Service. Payment is non-refundable, even if you stop using the Service. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND TAXES.
You agree to pay by the due date on your Cox bill all charges associated with the Service. If you received the Service under a promotion or free trial, after the promotional or free trial period ends, the then-current regular retail rate for the Service will apply. The retail rates for the Service may be found on the Service Website. You are solely responsible for any charges for Internet access, data usage, mobile charges and/or any other charges that you incur while using the Service.
Cox may at any time, upon notice required by applicable law, change the price of the Service or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your use of the Service will apply to subsequent billing months and to all new customers after the effective date of the change. If you do not agree to any such price changes, then you must cancel and stop using the Service.
Change to the Service
We reserve the right to modify or terminate the Service (or any part thereof), either temporarily or permanently. Any description of the Service should not be considered a representation or obligation with respect to how the Service will always work. We may, at our option, post on the Service Website and/or send an email to the primary address associated with your Account to provide notice of any material changes to the Service. It is your responsibility to check the Service Website and your email address registered with us for any such notices. You agree that we will not be liable to you or any third party for any modification, disruption or cessation of the Service. If you have prepaid to use the Service, and we terminate it or materially downgrade its functionality, we will provide you with a refund in an amount to be determined by us.
Third Party Resources
In addition to Supported Games, applications, software, and websites of one or more third parties may also be accessible through the Service and/or in connection with your Account. Your use of such third party resources is subject to the terms and conditions of use and/or privacy policies established by such third parties. Some third parties may impose fees for access to their resources, and you are responsible for all such fees.
All references to third party products (including Supported Games), services, companies, programs, and websites on the Service, including screen shots, are for informational purposes only and are not an endorsement, nor a recommendation, nor a representation that Cox is in any way affiliated with any third party. All third party trademarks displayed on the Service are the property of their respective owners.
Disclosure of Account Information
Cox reserves the right to take steps Cox believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that Cox may, without liability to you, access, use, preserve and/or disclose your Account information and content to law enforcement authorities, government officials, and/or a third party, as Cox believes is reasonably necessary or appropriate, if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Cox, its users, a third party, or the public as required or permitted by law.
You agree that Cox and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to technical information about your computer, system, Wi-Fi and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Service, and to verify compliance with the terms of this Agreement. To enable Cox partners and third party developers to improve their software, hardware and services designed for use with the Service, Cox may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you.
Copyright Notice - DMCA
If you believe that any content in which you claim copyright has been infringed by anyone using the Service, please contact Cox’s Copyright Agent as described in the Copyright Policy for us and our affiliates at https://www.cox.com/aboutus/policies/copyright.html. Cox may, in its sole discretion, suspend and/or terminate accounts of users that are found to be repeat infringers.
Intellectual Property Rights
You acknowledge and agree that Cox and/or its licensors own all legal right, title and interest in and to the Service, including but not limited to graphics, user interface, the scripts and software used to implement the Service, and any software provided to you as a part of and/or in connection with the Service (the "Software"), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms.
Cox and/or its licensors grant you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you as a part of the Service and in accordance with this Agreement; provided that you do not (and do not permit anyone else to) copy, modify, rent, loan, distribute, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Cox, Cox Elite Gamer, the Cox logo and other Cox trademarks, service marks, graphics, and logos used in connection with the Service are service marks or registered service marks of Cox in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are not granted any right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
Compliance with Law
You agree that you will comply with all current and future laws regarding the Service. If you violate the law in connection with your use of the Service, Cox may suffer harm and will have all remedies available at law or in equity, including injunctive relief. Content derived from the Service and the 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 Service any material in violation of such restrictions.
Service Term; Cancellation and Termination
The Service is offered on a month-to-month term. You may cancel your Service Plan and/or stop using the Service at any time. Any fees paid by you prior to your cancellation are nonrefundable (except as expressly permitted otherwise by this Agreement), including any fees paid in advance for the billing month during which you cancel. Cancellation of your Service Plan will not relieve you of any obligation to pay any accrued fees or charges.
Your rights under this Agreement will automatically terminate without notice if you fail to comply with its terms. Cox may at any time and without prior notice, immediately terminate or suspend your access to the Service upon the occurrence of any of the following: (a) any violation of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the Service Website; (b) a request by you to cancel or terminate your Service Plan or your Cox Internet service; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) provision of the Service to you is or may become unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities; or (g) your failure to pay, in accordance with this Agreement, any fees owed by you in relation to the Service. Any such termination or suspension shall be made Cox in its sole discretion, and Cox will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your access to the Service. In addition, Cox may terminate your Service Plan and access to the Service upon prior notice via email to the address associated with your Account if there is a general discontinuance or material modification to the Service or any part thereof. Any such termination or suspension shall be made by Cox in its sole discretion, and Cox will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Service Plan and/or access to the Service.
Upon cancellation or termination of your Service Plan or your Cox Internet service, you will lose all access to the Service and any portions thereof.
The Service is Provided "AS-IS"
Some JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
COX SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY.
COX DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME COX MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COX AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, COX AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL IMPROVE YOUR ONLINE GAMING EXPERIENCE; (II) THE SERVICE WILL CONSISTENTLY PRIORITIZE YOUR GAMING TRAFFIC ACROSS THE INTERNET; (III) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (IV) THE SERVICE WILL MEET ANY SPECIFIC AVAILABILITY, UPTIME OR CONNECTION SPEED REQUIREMENTS; (V) ANY SPECIFIC GAME WILL BE SUPPORTED BY THE SERVICE; (VI) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (VII) ANY DEFECTS OR ERRORS IN THE SOFTWARE OR DEVICES PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
COX DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND COX DISCLAIMS ANY LIABILITY RELATING THERETO.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
You agree that we may communicate electronically by e-mail and/or may make communications available to you by posting them on the Service Website, and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us.
The Agreement is governed by the laws of the state in which you receive the Service and applicable federal law.
This Agreement and any other documents incorporated by reference (including hyperlinks) constitute the entire agreement and understanding between you and us with respect to the subject matter of this Agreement and replace any and all prior written or verbal agreements. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. We do not waive any provision or right we fail to insist upon or enforce. You may not assign this Agreement to a third party. We may freely assign all or any part of this Agreement, and you agree to make all subsequent payments as directed. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of this Agreement.
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