Cox Mobile Service Agreement
Effective Date: July 14, 2022 (v.2)
Thank you for choosing Cox for your wireless service.
Your Mobile Service Agreement with Cox includes these terms and conditions (“T&Cs”), any Cox policies referenced or linked in these T&Cs, your Rate Plan, and the summary of your service provided at the time you sign up for service (“InstaSummary”) (collectively, the “Agreement”). Your Rate Plan includes your monthly service allotments and rates for minutes of voice usage, SMS or MMS messages or data usage, coverage, and other terms. To the extent any condition in your Rate Plan as set out in an InstaSummary provided to you at the time you sign up for or change your Rate Plan expressly conflicts with these T&Cs, the conditions in your Rate Plan and InstaSummary will govern. The T&Cs will be updated regularly and will be available on our website at cox.com/mobile-agreement.
“Cox” or “we” or “us” or “our” refers to Cox Wireless, LLC. COX AND ITS AFFILIATES ARE COLLECTIVELY REFERRED TO IN PARTS OF THIS AGREEMENT AS THE “COX GROUP”.
WE ADVISE YOU TO READ THESE T&CS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS BY, AMONG OTHER THINGS REQUIRING MANDATORY INDIVIDUAL ARBITRATION OF DISPUTES, INSTEAD OF CLASS ACTIONS OR JURY TRIAL, IMPOSING CERTAIN FEES, AND LIMITING LIABILITY. These T&Cs also cover other important topics such as phone number portability, fees for late payments, location services, information regarding 911 calls, and privacy. By activating and using wireless service provided to you by Cox, you are agreeing to be bound by this Agreement and its provisions as updated from time to time, which cover important information about Cox wireless services provided to you (“Service”), and your Cox phone, handset, device, SIM card, data card or other equipment you use to access or utilize the Service (“Device”). Please note that additional terms may apply if you activate Services as part of a bundle with other Cox Group services such as cable television, wire-line Internet, wire-line telephone service or home security or monitoring services (“Cox Cable Services”). In the event you bundle your Services with Cox Cable Services, you agree to be bound by both the terms and conditions applicable to your Cox Cable Services and the terms and conditions applicable to the Service purchased under this Agreement (including, but not limited to, applicable privacy policies or acceptable use policies for both Cox Cable Services and the Service purchased under this Agreement). In the event of any conflict between the terms and conditions applicable to your Cox Cable Services and Service purchased under this Agreement, the terms and conditions applicable to the specific services at issue shall govern and control. For example, for issues related to your Cox Cable Services, the terms and conditions applicable to your Cox Cable Services will apply if they conflict with the terms and conditions in this Agreement.
The sections of this Agreement marked with a “[+]” shall survive the termination, cancellation, or expiration of this Agreement.
1. Acceptance of Agreement
The Agreement with Cox starts when you accept it. You accept each and every provision of this Agreement when you do any of the following:
IF YOU DO NOT AGREE WITH THESE T&CS, DO NOT DO ANY OF THE THESE THINGS AND RETURN YOUR PHONE WITHIN THE CANCELLATION PERIOD AS PROVIDED FOR IN SECTION 5 BELOW. YOU AGREE TO EACH AND EVERY PROVISION OF THIS AGREEMENT WHETHER OR NOT YOU HAVE READ IT.
This Agreement and these T&C’s apply to all lines on your account and anyone who uses your Service.
2. DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION; CLASS ACTION AND MASS ACTION WAIVER [+]
IF YOU FOLLOW THE PROCEDURES SET FORTH IN SECTION 2(B) BELOW, YOU HAVE THE RIGHT TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION (“DISPUTE RESOLUTION PROVISION”) (EXCEPT JURY TRIAL WAIVER) WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT; PROVIDED HOWEVER, 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 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. AGREEMENT TO ARBITRATE AND NOT LITIGATE:
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, except as expressly provided in Sections 2(G) and 2(H) below (“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, except as specified in Sections 2(G) and 2(H) below.
B. Opt Out:
You may opt out of this Dispute Resolution Provision (except for the jury trial waiver contained in Section 2(K) 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 and Mass Action Waiver:
All Disputes between us must be resolved on an individual basis. Except as specified below, you and Cox agree that all Disputes between you and Cox will be arbitrated individually, and that you will not file or participate in a “Class Action” (as defined in federal, state, or arbitration procedural rules), any other form of class, collective, representative, or consolidated actions (collectively “Mass Action,” which term includes, but is not limited to, any action in which twenty-five or more similar demands for arbitration are filed against Cox or any of its affiliated entities and representation for the parties is consistent or coordinated across all cases. The twenty-five or more demands for arbitration need not be filed simultaneously. A Mass Action expressly includes any mass action as defined under National Arbitration and Mediation (“NAM”) Comprehensive Rules and Procedures (including its Mass Filing Supplemental Dispute Resolution Rules and Procedures). We both agree that it is a material breach of this Dispute Resolution Provision to file or participate in a Class Action or Mass Action, and Cox may enforce this prohibition as set forth in Section 2(i) below. If you or Cox brings a claim in small claims court, this Class Action and Mass Action waiver will apply. Nothing in this subsection bars any claims by you for public injunctive relief, which must be decided in court under Section 2(H) below. We both agree that this Class Action and Mass Action waiver is an essential part of our arbitration agreement and that if this Class Action and Mass Action waiver is found to be unenforceable by any court or arbitrator then the entire arbitration agreement set forth in this Section 2 will not apply to any Dispute between you and Cox, except for the provisions of Section 2(K) waiving the right to jury trial. This Class Action and Mass 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. Except as provided in Section 2(H) below, the arbitrator may resolve all disputes concerning whether this Dispute Resolution Provision is enforceable, unconscionable, applicable, valid, void, or voidable. 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. Any arbitrator award – whether or not confirmed – is neither res judicata nor collateral estoppel as to any Dispute or issue between the parties not subject to or not submitted to arbitration (including, but not limited to, any claim for public injunctive relief) or as to any Dispute or claim between Cox and any non-parties to the arbitration. Because of, among other things, the nature of any Dispute submitted to arbitration, the informality of the procedures to adjudicate any such Dispute, and the limited review of arbitration decisions by the court, the award is conclusive only as to the Dispute resolved in arbitration and only as to the parties to that arbitration.
E. Informal Dispute Resolution:
You and Cox agree that you must attempt to resolve disputes informally before you may file a demand for arbitration, as set forth in this section (the “Informal Dispute Resolution Process”). 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, along with your address, so that Cox can attempt to resolve it with you. If Cox does not satisfactorily resolve your claim within 45 calendar days of receiving written notice to Cox Customer Care of your claim, then you may pursue the claim in arbitration, and if you do so, you must first notify us in writing of your intent to file for arbitration by sending a written notice of your intent to file for arbitration to Cox via U.S. mail to Cox Legal Department, Attn: Litigation Counsel, 6205B Peachtree Dunwoody Road, Atlanta, GA 30328. Cox will notify you before it files for arbitration by sending you a written notice of our intent to file for arbitration to the last known address of record we have on file for you at least 45 calendar days prior to initiating arbitration or a small claims action. At any time during the Informal Dispute Resolution process, either you or Cox may elect to have the Dispute resolved in small claims court in accordance with Section 2(G) below. This Informal Dispute Resolution is mandatory, and we both agree that it is an essential part of our arbitration agreement. We both agree that it is a material breach of this Dispute Resolution Provision to initiate an arbitration or small claims action without first engaging in the Informal Dispute Resolution Process.
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 arbitration shall be conducted by NAM under its Comprehensive Rules and Procedures (including its Mass Filing Supplemental Dispute Resolution Rules and Procedures) as modified by this Dispute Resolution Provision. NAM’s rules are available on its website www.namadr.com or by calling 1-800-358-2550. You must file your own demand, which sets forth your own claim, and may not join in a claim filed by another person. If the arbitrator determines that claim is for $25,000 or less, you agree that it may be resolved based only on written submissions. For claims above $25,000, the arbitration will be held at a location in the county of your billing address then appearing in our records unless you and we both agree to (or the arbitrator orders) another location, a remote video hearing, or a telephonic or “desk” arbitration (i.e. an arbitration conducting solely on the basis of written submissions by the participants.) If there is a conflict between NAM’s rules and this Dispute Resolution Provision, this Dispute Resolution Provision 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 NAM’s rules regarding initiation of arbitration. Cox will pay all filing fees and costs for commencement of arbitration, except the portion of such fees allocated to you under NAM’s fee schedule then in effect. We agree that fees imposed by NAM will be due at the time set forth under NAM’s rules, except that in no event shall the fees payable by the party responding to the demand for arbitration be due and payable earlier than 30 days from the date on which that party receives an invoice. You will be responsible for your own attorneys’ fees and costs unless otherwise determined by the arbitrator. Cox will not seek to recover its fees and costs from you in the arbitration, unless your claim has been determined to be frivolous or to have been brought for an improper purpose. If you are successful in the arbitration, Cox will pay your reasonable attorneys’ 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. Any award, decision, finding, or conclusion entered or adopted by an arbitrator shall only apply to the individual arbitration and shall not have any res judicata, collateral estoppel or other preclusive effect and such award, decision, finding, or conclusion shall not be referred to, offered, or admitted in any subsequent proceeding.
G. Small Claims:
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. A small claims court includes any court designated as small claims or any court of limited jurisdiction in which claims are only resolved on an individual basis. During the 45-day period following your submission of written notice of a Dispute to Cox, in which time you and Cox attempt to informally resolve the Dispute, or within 30 days after you or Cox have initiated an arbitration, either you or Cox may elect to have the Dispute resolved in small claims court by sending written notice to the other party of this election. In the event there is any disagreement between you and Cox concerning whether the Dispute is within the jurisdiction of the small claims court, only the small claims court may resolve that disagreement. If the small claims court determines that it lacks jurisdiction to hear the Dispute, then the Dispute may be submitted to arbitration in accordance with the terms of this Section 2. If the small claims court determines that it has jurisdiction over part of the Dispute, then that part shall first be resolved in small claims court, and any remaining issues in the Dispute shall be resolved in accordance with the terms of this Section 2. We both agree that it is a material breach of this Dispute Resolution Provision to initiate an arbitration when the other party has elected to have the Dispute resolved in small claims court, absent a determination by the small claims court that it does not have jurisdiction over the Dispute.
H. Exceptions to Arbitration:
(i). This Dispute Resolution Provision does not require arbitration of claims for public injunctive relief. To the extent that you have a Dispute that is subject to arbitration and you also assert a claim for public injunctive relief that is required to be brought in court, the arbitrator shall first decide the merits of the Dispute. A court may then decide your claim for public injunctive relief de novo (without giving any law of the case, res judicata or collateral estoppel effect to the award or arbitration decision on the Dispute).
(ii) This Dispute Resolution Provision shall not require arbitration of any claim concerning whether you have filed or participated in a prohibited Class Action or Mass Action, which shall be determined by a court of competent jurisdiction, except that either Party may promptly elect to have such a claim resolved under NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Election”). In the event any party alleged to be a participant in a prohibited Class Action or Mass Action makes the NAM Election, we agree that Cox shall have the right to make the NAM Election for any additional claim against any party alleged to be part of the same prohibited Class Action or Mass Action, even if Cox has already initiated an action in court.
(iii) This Dispute Resolution Provision shall not require arbitration of any claim that you or Cox have breached this Dispute Resolution Provision, including but not limited to claims of material breach of Sections 2(C) [Class Action and Mass Action Waiver], 2(E) [Informal Dispute Resolution], or 2(G) [Small Claims], except that either party may promptly make a NAM Election for that claim. In the event any party alleged to have breached this Dispute Resolution Provision makes a NAM Election, we agree that Cox shall have the right to make the NAM Election for any additional claim against any party alleged to be part of the same prohibited Class Action or Mass Action, even if Cox has already initiated an action in court. We agree that any of the remedies set forth in section 2(I) [Remedies for Breach of Dispute Resolution Provision] may be imposed.
(iv) Should Cox notify NAM and you in writing that it contends an arbitration(s) you filed breaches the Dispute Resolution Process, that you have participated or will be participating in a prohibited Class Action or Mass Action, or that you have otherwise materially breached Sections 2(C), 2(E), or 2(G), then NAM will stay the arbitration(s). In such event, either you may bring an action against Cox to compel it to arbitrate such Dispute(s) or Cox may bring an action for declaratory relief that it is not required to arbitrate such Dispute(s). Such actions must be brought in a court of competent jurisdiction located in the same judicial district as the address listed in the Informal Dispute Resolution Notice, the small claims court that Cox contends should resolve the Dispute(s), or with NAM pursuant to a NAM Election.
I. Remedies for Breach of Dispute Resolution Provision:
As set forth above in Sections 2(C), 2(E), and 2(G), we agree that certain actions constitute a material breach of this Dispute Resolution Agreement. We agree that one of the essential purposes of this Dispute Resolution Provision is to provide for the prompt, efficient, and inexpensive resolution of disputes, and Sections 2(C), 2(E), and 2(G) further this purpose by ensuring disputes are resolved on an individual basis and by providing for alternative low-cost paths to resolving individual disputes. In the event a court or arbitrator determines that a breach of the Dispute Resolution Provision has occurred, or in the event an arbitrator acting under NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures determines that you have participated in a prohibited Class Action or Mass Action, then we agree on the following remedies, in addition to any other remedy ordered by the court or arbitrator:
(i) The court or arbitrator may enter an order permitting the dispute to be heard in court, rather than arbitration. Whether the Dispute proceeds to resolution in court or in arbitration, you agree that the Dispute will be resolved on an individual basis as set forth in Section 2(C).
(ii) The court or arbitrator may enter an order that the breaching party bear the non-breaching party’s costs, including but not limited to fees incurred in court or in arbitration.
(iii) The court or arbitrator may enter an order to dismiss without prejudice all demands included within the Mass Action.
It is the intention of the parties that the provisions of this Dispute Resolution Provision are mutually dependent and not severable. If any part of this Dispute Resolution Provision is determined to be unenforceable for any reason, then the entire Dispute Resolution Provision, except for the Jury Trial Waiver set forth in Section 2(K), shall be unenforceable.
K. Jury Trial Waiver:
If for any reason this arbitration agreement is found to be unenforceable under Section 2(J) [Non-Severability], or if you opt out of this Dispute Resolution Provision, 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, this arbitration agreement is not enforced.
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.
3. About You and Authorized Users
When you accept, you are representing to Cox that you are at least 18 years old. If you are ordering for an organization or other individuals including but not limited to members of your family, you represent that you are authorized to bind the organization or other individuals to the T&Cs for Services and Devices and references to “you” in these T&C’s include that organization or other individuals covered by the Agreement. If you wish to give other individuals access to your account or the authority to make changes to your account, you must contact Cox and register such individuals as authorized users on your account. Only the primary user on your account may add authorized users by contacting Cox’s customer service channel. An email address must be provided for each authorized user added to your account and such authorized user must set up and use two-factor authentication via either the authorized user’s registered email address or the primary account owner’s mobile phone number. You may not have more than 10 authorized users on a single account. Authorized users could make changes to your account, add or remove services or features to your account, access bills on your account, receive notices and disclosures on your behalf, and incur charges on your account. As a result, you should be careful only to register as Authorized Users individuals to which you are willing to grant authority to make these types of changes or additions to your account. An authorized user when making changes will have to provide identification in the form of your PIN or passcode. You should take steps to protect your PIN or passcode. If someone seeks to make changes to your account and possesses the proper PIN or passcode, we will consider such changes to be authorized by you.
4. Initial Eligibility for Service [+]
In order to purchase Service from Cox, you must: (i) be a current subscriber to Cox residential Internet service (excluding bulk Cox Internet service you receive from your landlord or building owner) at the time you purchase Service from Cox; (ii) reside within one of the service territories for Cox residential Internet Service; and (iii) not have any past due amounts owed for Cox Cable Service (“Initial Eligibility Requirements”). Customers who purchase only Cox prepaid Internet service are not eligible for Service. You qualify as a current subscriber to Cox residential Internet service if you sign up for a Cox residential Internet Service and Service at the same time. If you are a new customer to Cox Cable Service, you will only be eligible to activate a maximum of two lines of Service under your account. If you are an existing customer of Cox Cable Service, the total number of lines of Service you may be entitled to activate under your account may be limited based on information contained in your credit report or information related to your payment history for Cox Cable Service. At the time you activate Service, you will be charged an activation fee for each line of Service that you activate. The activation fee will be disclosed to you in connection with your Rate Plan. In the event that you terminate Cox residential Internet Service or no longer reside in a service territory for Cox Cable Service, you may continue to purchase Service from Cox until you cancel such Service but your rates may change and you will incur Cox’s then-current per-month, per-line-of service charge to retain your Service (currently $20 per-line, per-month). You will be provided the per-month, per-line-of service charge to retain your Service which is in addition to monthly charges for the Service, at the time you terminate all Cox Cable Service. You may also be ineligible to add an additional line of Service to your account. In the event that you cancel all Cox Cable Services and Service as well, you must meet the Initial Eligibility Requirements before purchasing Services from Cox again. You acknowledge and agree that you are purchasing Services from Cox in one of Cox's initial launch markets. As a result, the eligibility requirements set forth in this Agreement may not apply with regard to your ability to keep Cox Service if you relocate. For example, if you relocate outside of an initial launch market, you may not be able to continue using Cox Service, and your Cox Service may be cancelled. Once Cox has expanded its Service offering outside the initial launch markets, the eligibility requirements set out in the Agreement will apply.
5. Cancellation [+]
You may cancel Service within 14 days of accepting this Agreement (the “Cancellation Period”) without incurring additional charges after cancellation or as a result of your cancellation as long as you return, within the applicable return period, any Devices purchased from us with your acceptance of this Agreement. Authorized users on your account may not be entitled to cancel Service or return a Device. You will still have to pay for your Service through the date of cancellation. You will have to pay for all usage, pro-rated service charges, taxes, Surcharges or other charges incurred through the date of cancellation. If you cancel Services during the Cancellation Period, you must return the Device (“Returned Device”) at the time you cancel Service to avoid additional charges. Cox may charge a restocking fee for the Returned Device. If you are shipping your Returned Device back to Cox, you must ship the Returned Device within 14 days of cancellation to be eligible for any refunds or credits related to the Returned Device. All items that you received as part of any applicable promotion, and not only the Device, must be returned in order to receive a full refund. The Returned Device must be in like-new condition with all components, including packaging, manuals, accessories, and proof of purchase. We will charge an additional fee above and beyond any restocking fee if the Returned Device is damaged or does not include all components. The fee will be based on Device cost, and will vary based on the reason for imposing such a fee, such as a missing component, etc. For all Returned Devices, if the damage is so extensive as to render the Device unusable, you are responsible for the full retail price for the Returned Devices and you will receive no credit of any amounts already paid for such Returned Devices. If you return the Device within the first 7 calendar days after the date you activate the Services, activation fees will not be charged. Credit for returned Devices will be applied to the account within 30 calendar days from the date received at the Cox warehouse or returned to the place of purchase. Credit for Returned Devices will be executed by one of the following methods: Bill Credit; Check mailed (receipt within 1 to 2 billing cycles); or credit card reimbursement. Any mail-in rebate associated with the Returned Device will be voided, and if you have already received a rebate associated with the Returned Device, you agree to repay Cox the amount of rebate you received. If you have not repaid a rebate you already received associated with a Returned Device, you agree that Cox may add the amount of such rebate to your bill for Service. If you received your Device through an insurance claim, you may be subject to a different process for cancellation and returns. Outstanding charges you owe Cox for the Returned Device may be deducted from any deposit you provided to Cox to establish Service. You will not receive a refund for content you may have purchased when you purchased the Device including but not limited to applications, subscription content, media such as music or video, or in-app purchases purchased on the Returned Device. Cancellation of Service or Cox Cable Services may affect any device protection plan or extended warranty you purchased as well as any device financing agreement you entered into and may accelerate the payments due under your Device financing arrangement. You should consult the terms of any device financing agreement or device protection plan or extended warranty to determine the consequences of cancelling your Service and your obligations under those agreement if you cancel Service. In some instances, amounts paid under your device financing agreement or device protection plan or extended warranty may not be fully refundable if you cancel Service. If you decide to cancel your Service and then later choose to activate Service again, an activation fee may apply. If you cancel your Service prior to the end of your current billing cycle, minimum or fixed charges under your Rate Plan may not be prorated or refunded to reflect the fact that you cancelled your Service prior to the end of your current billing cycle. Some charges related to your Service are billed in arrears and, as a result, you may receive a final bill from Cox for your Service following cancellation. Upon cancellation of Service, you may be eligible to reactivate your Service at a later date provided that you have paid for all outstanding charges owed to Cox for Service and Cox Cable Services. You may be charged an activation fee for reactivating your Service, and you will have to meet all Initial Eligibility Requirements at the time you seek to reactivate Service. In addition, at the time you reactivate Service, Cox may conduct a new credit check and/or require a deposit prior to reactivating your Service.
This Agreement will remain in effect from the time you activate Service
and will extend for consecutive one-month periods until such time as:
(i) you notify Cox that you are cancelling your Service in accordance
with these T&C’s; or (ii) Cox notifies you, upon providing thirty
(30) days’ prior notice, that it is terminating the Agreement or your
Service. Cox can, without notice, limit, suspend or end your Service or
this Agreement for good cause, including, but not limited to: (1)
breaches by you of this Agreement; (2) resale by you of Service; (3) use
of your Service for any illegal purpose, including use that violates
trade and economic sanctions and prohibitions promulgated by any US
governmental agency; (4) your installation, deployment or use any
regeneration equipment or similar mechanism to originate, amplify,
enhance, retransmit or regenerate an RF signal without our permission;
(5) stealing from or lying to us; (6) failure to pay your bill on time;
(7) incurring charges larger than a required deposit or billing limit
(even if we have not billed the charges yet); (8) providing credit
information we cannot verify; (9) inability to pay us or going bankrupt;
(10) threatening, harassing, or using inappropriate language toward our
representatives; (11) interfering with our operations; or (12) pursuant
to a Court order. Cox may also temporarily limit your Service for any
operational, technical or governmental reason.
7. No Device Warranties [+]
Cox provides no warranties express or implied for Devices, and you agree that Cox will not be responsible or liable for any defects or performance failures related to your Device. In the event of any defect or performance failure from your Device, you agree that you will look solely to the applicable manufacturer for any remedies or liability arising from such defect or performance failure. Your Device may be covered under applicable manufacturers’ warranties. Cox does not warrant that your Device will work perfectly or will not need occasional upgrades or modifications, or that it will not be negatively affected by network–related modifications, upgrades, or similar activity. If you encounter any problems with the performance of your Device, please contact Cox customer service at www.cox.com/chat. If you purchased a device protection plan, insurance, or extended warranty for your device, please refer to the terms and conditions of your device protection plan, insurance, or extended warranty, which were provided at the time you purchased the device protection plan, insurance, or extended warranty.
8. Your Device [+]
If you purchase a Device from Cox online rather than at a Cox retail location, the Device must be shipped to the service address appearing on your account. Signature is required for delivery of your Device. For any Device returned after the Cancellation Period, Cox may charge a restocking fee for return of the Device. The restocking fee for your Device will be disclosed to you at the time you purchase it. Your Device must comply with Federal Communications Commission regulations, be certified for use on the network providing your Service and be compatible with your Service. If you buy a Device from Cox, you agree that you are purchasing that Device to be activated with our Service and not to resell or alter the Device or to assist anyone else in doing so. You acknowledge that Cox will rely on your agreement to activate the Device on our Service. For Devices purchased from Cox, your Device may be locked and limited to use only with Cox Service. If so, your Device will not be usable with services provided by other companies unless you have cancelled your Service with Cox and paid all charges due Cox in full. If your Device is financed and you have not made all payments required under your financing arrangement, the Device may be locked and you may be unable to use the Device for Services provided by a company other than Cox. Cox does not manufacture the Device, and we are not responsible for any defects or for any acts or omissions on the part of the manufacturer. We may remotely change your Device’s software, systems, applications, features, or programming remotely and without notice. These changes will modify your Device and may affect or erase data you have stored on your Device, the way you have programmed your Device, or the way you use your Device. You will not be able to use your Device during the installation of the changes, even for emergencies. You are free to download and use content or applications (“Third-Party Material”) on your Device that are not provided by Cox, at your own risk. Third-Party Material may require your agreement to a license or other terms with the third party. Some Third-Party Material may access the network without your knowledge, which may result in additional charges. In the event you give your Device to Cox for purposes of replacing your Device under a manufacturer’s warranty or device protection plan or extended warranty, you agree that Cox may erase or factory reset the device and all content, applications, and information contained on the device may no longer be available to you. Prior to giving your device to Cox for replacement, you should factory reset and erase all data on the device and remove any personal identification numbers or passwords needed to access the Device (as well as other security features such as Find my iPhone) before delivering it to Cox. In the event that you do not factory reset or erase all the data on your Device prior to delivering it to Cox for replacement, you assume all of the risk and agree to indemnify and hold Cox harmless from any unauthorized access to or use of the content, applications, or information contained on the Device being replaced.
9. Bring Your Own Device
You may use a Device you already own in connection with the Service provided that such Device: (i) is not currently active with another provider of cellular services; (ii) is unlocked from use only with another provider of cellular service; (iii) complies with Federal Communications Commission regulations; (iv) is certified for use on the network providing your Service; (v) is compatible with your Service; and (vi) does not appear on any list of devices that are reported as lost or stolen or engaged in fraud or other improper or unlawful activity. You acknowledge that when you activate Service on an approved and qualifying Device that you did not obtain from Cox that such Device may be subject to an activation fee and will not be eligible for any device financing plan. You also acknowledge that when you activate Service on an approved and qualifying Device that you did not obtain from Cox, such Device may operate or behave differently in connection with the Service than other models of the same Device sold by the same manufacturer that are obtained directly from Cox due to differences in software, settings, or for other reasons. In the event you use a Device in connection with the Service that was not provided to you by Cox, you acknowledge and agree that Cox provides no representations or warranties whatsoever with regard to such Device or its operation in conjunction with the Service and, to the extent you require any assistance with your device manufacturer’s warranty for such device or any other technical support, Cox will not provide such assistance or support. You also agree to indemnify and hold Cox harmless from any and all claims or losses that may result from your use of a Device you did not obtain from Cox in conjunction with your Service.
10. Device Trade-Ins
Under certain circumstances, you may be eligible to trade in an existing Device towards the purchase of a new Device from Cox but Cox is under no obligation to accept trade-ins. There are specific terms and conditions (which may be revised by Cox at any time) that apply to any device trade-ins available. If you otherwise qualify for a trade-in under Cox’s then current terms and conditions for trade-in, you must add a new line of Service or be purchasing a new Device at the time of trade in. You may only trade in one Device per new line of Service added or new Device purchased. Your trade-in Device will be checked against a lost and stolen Device database prior to Cox accepting the Device as an eligible trade in. Only mobile phones will be eligible for trade-in. Other devices with cellular capability such as wearables, laptops, and tablets will not be eligible for trade in. Once a device is traded in, you cannot get the Device back. If you trade-in a Device, you agree that Cox may erase or factory reset the Device and all content, applications, and information contained on the Device will no longer be available to you. Prior to trading in a Device, you should factory reset and erase all data on the Device before delivering it to Cox and remove or deactivate any security features such as passwords, locks, or biometric access requirements or other similar security features (including Find my iPhone) . In the event that you do not factory reset or erase all the data on your trade-in Device prior to delivering it to Cox, you assume all of the risk and agree to indemnify and hold Cox harmless from any unauthorized access to or use of the content, applications, or information contained on the trade-in Device.
11. Device Financing
If you finance the purchase of your Device, you acknowledge that, in certain cases, such Device financing is not being provided by Cox and is, instead, being provided solely by the bank or other entity (“Financing Company”) from which you obtain the Device financing. The terms and conditions of your Device financing will be governed by your agreement with the Financing Company, and you agree that Cox shall have no liability whatsoever under your financing agreement or for any claims you may assert related to your agreement with the Financing Company, and you agree to indemnify and hold Cox harmless from any such claims. You acknowledge and agree that Cox and your Financing Company may exchange information about your device financing and Service account solely for purposes related to your device financing and Cox Service. In the event that you fail to make payments for your device under your financing agreement, Cox may also suspend or terminate your Service even if you have paid in full all charges due for the Service.
12. Device Protection
If you purchase a device protection plan or extended warranty for your Device, you acknowledge that such device protection plan or extended warranty is not being provided by Cox and is, instead, being provided solely by the third-party issuing such device protection plan or extended warranty (“Device Protection Company”). Cox’s role with regard to such device protection plan or extended warranty is simply to: (i) bill and receive monthly payments or other fees you agreed to pay in your device protection plan or extended warranty agreement with the Device Protection Company in connection with your monthly bill from Cox for Services; and (ii) forward any such payments on to the Device Protection Company. In addition, Cox may from time to time assist you with filing claims or returning your Device for purposes of your device protection plan or extended warranty. The terms and conditions of your device protection plan or extended warranty will be governed by your agreement with the Device Protection Company, and you agree that Cox shall have no liability whatsoever under your device protection plan or extended warranty or for any claims you may assert related to your agreement with the Device Protection Company, and you agree to indemnify and hold Cox harmless from any such claims. In the event that you fail to pay amounts sufficient to cover the device protection plan or extended warranty charges appearing on your Cox bill, your coverage under such plans may be suspended. In the event that your Device is replaced, you may need to enter into a new device protection plan or extended warranty covering your replacement Device. Further details on the terms and conditions of your device protection plan or extended warranty are available in your device protection plan or extended warranty agreement with the Device Protection Company.
13. Lost or Stolen Devices
If your Device is lost or stolen you agree to notify us as soon as possible. Once you notify us that your Device has been lost or stolen, we will suspend your Service and you will not be responsible for additional usage charges incurred by that Device under your Rate Plan. For any period where you failed to notify us that your Device was lost or stolen, the fact that your Device or account was used is evidence that your usage and activities were authorized. We may prevent a lost or stolen Device from registering on the network providing Service or other networks. If your service has been suspended for 30 days and you have not contacted us to have a replacement device activated on the network, we will resume billing of all Monthly Recurring Charges. If you are a California customer and Cox has not provided you with a courtesy suspension of recurring monthly charges during the past year, Cox will give you one for 30 days or until you replace or recover your Device, whichever comes first.
14. Compatibility with Other Networks [+]
Your Device may not be compatible with another carrier’s network or services offered by that carrier. Cox also does not guarantee that the Device will be accepted by another carrier for use on their network.
15. Our Right to Make Changes to the Agreement
Your Service is subject to our business policies, practices, and procedures, which can change from time to time, unless expressly prohibited by law. You are deemed to have notice of such changes when new terms are posted online, and they become effective on that date. You should check periodically and review Cox’s terms of service and other policies for updates. If we change (i) the monthly recurring service charges, including Rate Plan structure; or (ii) make a change to other T&Cs that we determine is material to your Service, we will notify you and you may terminate your Service without additional charges (which is your only remedy) by notifying us within 30 days after you receive the notice. If you fail to terminate within those 30 days, you accept the changes.
16. Phone Number and SIM [+]
We will assign a wireless phone number to you. You acknowledge and agree that Cox may contact you at any time on the wireless phone number that has been assigned to you. You may not select your wireless phone number. If you are porting in your telephone number from another carrier, Cox may not be able to activate your Service until your former carrier completes the process of porting your telephone number, and you acknowledge that Cox does not control the porting-in process from the other carrier or timing of completion. Phone numbers may only be ported-in from another carrier if you had active Service with the other carrier at the time you requested the porting-in of the phone number to Cox. Some phone numbers may not be eligible for porting-in to Cox such as 500, 800, 888, 900 and Google voice phone numbers. You acknowledge that except as required by law, you shall acquire no proprietary interests in the number (MDN) or SIM (Subscriber Identity Module) assigned by Cox for your use. You acknowledge that any intellectual property or software in the SIM not provided by Cox or you is the property of the supplier of Services to Cox, and such supplier may change or update the software or other data in the SIM card or the software in the Device over the air and utilize any capacity in the SIM card for administrative, network, business and/or commercial purposes. You do not have any proprietary rights to any identification number, e-mail address or other identifier that the Cox Group assigns to (i); you; (ii) your Device; or (iii) your account. Cox may change or reassign them, but if we do, we will notify you. You agree to protect your SIM Card and not to resell it or allow an unauthorized person to use or access your SIM Card. You agree not to alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption elements of your SIM Card, or to allow any other person to do so. Any violation of the restrictions on the use of your SIM Card that may result in termination of your Service including potentially without notice.
17. Phone Number Portability [+]
You may authorize another carrier to transfer your number from Cox to that carrier. By taking this step, you are terminating all Services that Cox provides you associated with that telephone number; however, you will be responsible for all charges that you incur prior to this deactivation. Once you submit a request to port your phone number from Cox to another carrier, that porting request cannot be cancelled or modified by Cox.
18. Location Based Services [+]
19. Emergency Services [+]
PLEASE CAREFULLY REVIEW THIS SECTION. IT CONTAINS IMPORTANT INFORMATION ON LIMITATIONS OF 911 SERVICE. YOU ACKNOWLEDGE THESE LIMITATIONS AND AGREE TO SHARE THEM WITH ANYONE WHO MAY USE YOUR SERVICE INCLUDING AUTHORIZED USERS AND USERS OF LINES OF SERVICE UNDER YOUR ACCOUNT. You must be able to provide your location information when making any 9-1-1 or other emergency calls. Because of a number of factors such as whether local emergency service providers have upgraded their equipment and whether your Device is GPS enabled, 9-1-1 operators may not know your location or your phone number. Enhanced 9-1-1 service (“E9-1-1”) uses GPS technology and, when enabled by local emergency authorities, it will provide location information; however, even when available, E9-1-1 may not provide accurate location information because you may be indoors or do not have satellite signals. Your Device must have battery power and network connectivity to complete a 911 call. Other third-party entities are involved in connecting a 911 call and Cox is not responsible for determining the 911 public safety answering point to which your 911 call may be routed. Wi-Fi Calling and Voice Over IP (“VoIP”) services use a broadband internet connection to make calls, including calls to 911. Calls to 911 using Wi-Fi Calling or VoIP operate differently than 911 calls made over a cellular network or a landline phone. Using Wi-Fi calling or VoIP is dependent upon the availability and reliability of your broadband connection and may result in your 911 call being routed to the wrong 911 public safety answering point or the 911 public safety answering point having less accurate, inaccurate or no information on your location. For purposes of 911 calls using Wi-Fi calling or VoIP, emergency services may be sent to an address or location you provide to Cox or a Cox vendor that is stored in an electronic database. You acknowledge and understand that this address or location must be provided by you to Cox and kept current and will not change as your actual location or home address changes unless you first direct Cox to change the address or location in the relevant database and provide adequate time for Cox to implement such change. Because of the manner in which 911 calls are implemented and the limitations of using an address database for such calls, you should, if possible, always use a cellular connection or a landline phone to place any 911 calls. In the event that you or anyone using your Service chooses instead to call 911 using Wi-Fi calling or VoIP, you acknowledge and agree that Cox shall have no liability for any damages, injuries, or claims of any kind resulting from defects or errors that occur in directing emergency services to the person placing the 911 call. If you download or use applications, services or software provided by third parties (including voice applications), 911 or E911, or other calling functionality, may work differently than services offered by Cox, or may not work at all. Please review all terms and conditions of such third–party products. Cox may not be able to provide you with some Services, such as 9-1-1 location Services while you are in the process of porting a phone number to or from us, and the Cox Group is not responsible for failure to connect or complete 9-1-1 calls or for the provision of inaccurate location information.
20. Credit Checks and Reporting
Cox will rely on any credit information you furnish, on credit bureau reports, other data available from commercial credit reference services, or on internal credit information to determine whether or not to provide Services, whether or not a deposit is required and whether to apply Account Spending Limits. The Services we offer may vary based on your credit history. Cox may also, at any time, withdraw or change Services, or place limitations or conditions on the use of our Services. Cox may also invoke line or Device restrictions. Cox may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
Cox may require you to make a deposit or prepayment for Services. The amount of deposit may vary based on information in your credit report or your payment history with Cox. The deposit will remain on your account for up to 12 months and, if you have not been late in paying your bill more than twice during the 12-month cycle, the deposit may be refunded to your or applied to your bill as a bill credit, at Cox’s discretion. The deposit will be posted to your account upon disconnection of Service and applied to any unpaid balance with Cox. If there is no balance, you will be refunded the amount of the deposit. Cox can apply deposits, payments, or prepayments in any order to any amounts you owe us on any account. No interest will be paid on deposits. If you receive other services from the Cox Group, you may have to pay a deposit above any pre-existing deposits, on a per line basis or at the account level, if you do not meet the eligibility requirements and/or have a negative payment history in the last 6 months.
If you do not cancel the Service and return the Device within the Cancellation Period, you will be billed for Service and agree to pay the charges billed to you in accordance with your Rate Plan (as well as any other items like taxes or Surcharges related to your Service). You are solely responsible for monitoring your data usage and shall pay for all data charges in accordance with your Rate Plan regardless of whether courtesy notifications regarding data usage are sent, received or read. If you do not cancel Service, you will owe us charges for the Service beginning from the day you first accepted the Agreement in the manner set out in Section 1 above and your initial bill will include charges for Services (and related taxes, Surcharges, and other items) for Service provided during the Cancellation Period. If multiple Devices are associated with your account, you agree to pay all charges incurred by users of those wireless devices and billed to you under your rate plan. Although we will provide you with a summary of charges for Services provided to you, you may obtain detailed bills by accessing our website at www.cox.com/mybill, or contacting Cox. All communications you receive from Cox, including your bill, will only be in an electronic format and bound by Cox’s Paperless Terms and Conditions. Details on the Cox Paperless Terms and Conditions may be accessed at: https://www.cox.com/aboutus/policies/billing-and-payment-policies.html. Cox cannot provide separate or split bills for each line of Service under your account. Charges for other Cox Cable Services may be billed on a separate bill from your bill for wireless Service. Your Device can be used to purchase services and products from third parties, and charges for these purchases may be included on your bill and you agree to pay for such purchases. You may have to pay extra for calls to some numbers (e.g., conference & chat lines, broadcast, calling card, international, 900 or 976 calls, etc.).
23. Cox Authorized Payment Channels [+]
All payments related to Service must be made in accordance with all Cox Payment Policies. Details on the Cox Payment Policies may be accessed at: https://www.cox.com/aboutus/policies/billing-and-payment-policies.html#terms. Cox may require you to sign up for and maintain automatic recurring payments on your account (Cox EasyPay) to place an order for Service. You may revoke your consent for Cox EasyPay at any time by contact Cox, however if you revoke your consent, you may no longer be eligible for specific promotions, offers, products or services.
24. Account Spending Limits
Account Spending Limits are spending limits we place on the amount of unpaid charges you may accumulate on your wireless account balance. The Account Spending Limit is applicable to all charges associated with your account, such as monthly recurring charges, one-time charges, taxes, and Surcharges. The Account Spending Limit will typically be based on your credit history, service subscriptions and service history, and may be changed after 12 months of Service based on your most recent credit score. When an account has reached its spending limit, your Services will be interrupted. Your Service will be resumed once you make a payment on your account and your account balance is below the Account Spending Limit.
25. Soft Disconnect Accounts
If your account is past due for any reason, depending upon your length of service and payment behavior with Cox, or if we suspect that the account has been involved in fraudulent activities or other activities that violate the Agreement, Cox’s AUP (as defined below), or any other Cox policy that govern your Service, you may be prevented from making outbound calls except to 911 and Cox customer care. In addition, your Device’s access to data connections and the Internet may be restricted and be redirected to a Cox website to address the payment delinquency or improper use. These restrictions will be lifted once you meet minimum financial obligations or have made acceptable payment arrangements, or if you have communicated with Cox customer care and resolved any improper activity or use issues in connection with your Service. If you fail to contact Cox to resolve the payment delinquency or improper use, your Service may be terminated. If your service was terminated, you may have to pay an activation or reconnect fee for each Line of Service to reactivate your Service after you resolve the payment delinquency or improper use.
26. Changes to Your Rate Plan
You may be eligible to change your Rate Plan during the Term of this Agreement for a line of Service. The details of your new Rate Plan will be provided to you at the time you decide to change the Rate Plan applicable to a line of Service. If you make changes to your Rate Plan in the middle of a billing cycle, the new Rate Plan (as well as any changes in Taxes or Surcharges) will apply to all of your charges for the applicable line of Service during that billing cycle and not your old Rate Plan. In addition, any usage limits or other terms and conditions of your new Rate Plan for the applicable line of Service will apply for the entire billing cycle in which you change your Rate Plan and all future billing cycles until you cancel your line of Service or change your Rate Plan again.
27. Additional Lines of Service
If you have not exceeded the maximum lines of Service for which your account is eligible and still meet the Initial Eligibility Requirements, you may be eligible to add a new line of Service. Each new line of Service must be activated on a Rate Plan. You will be responsible for all charges incurred for any line of Service activated on your Account and you agree to pay such charges. You may only add a line of Service if your account with Cox is current at the time you seek to add such line of service. By requesting one or more Additional Lines of Service, you explicitly agree and authorize Cox to pull a consumer credit report, even if Cox has pulled a consumer credit report for you previously. Cox may also review your Cox payment history and other Cox proprietary account information to determine whether you are eligible to add one or more lines of Service.
You roam when you use Services on another carrier’s network, and those Services are made available to you based on agreements with other carriers. The agreement with other carriers may change from time to time; therefore, roaming coverage is subject to change. You may not have access to all Services, and the extent of coverage will depend upon the relevant agreement with each roaming carrier. There may be additional charges for roaming in some areas domestically or internationally and you should consult your Rate Plan for such roaming charges and the areas in which such charges will be incurred. International roaming may not be available at all if you have not included international roaming in your Rate Plan and Cox may impose limitations on your ability to engage in international roaming. If you were roaming prior to the close of a billing cycle, but we do not receive roaming records for voice, messaging and data from our roaming partner until after the billing cycle closes, then we will apply the usage charges to the billing cycle in which we received the roaming record from the roaming partner. This may affect your balance of included minutes, messages and data usage in your rate plan for the billing cycle and can result in overage charges if you have utilized all of your allocations for the billing period in which we receive the roaming record from our roaming partner. You are responsible for complying with U.S. Export Control laws and regulations, and the import laws and regulations of foreign countries when traveling internationally with your Device. The availability of, and access to, emergency calling services (e.g., 911 in the U.S.), may vary by country. You should familiarize yourself with how to access these services before using your Device for international roaming. Cox may suspend roaming service if Cox (in its sole discretion) determines that your amount of roaming use exceeds your normal usage and may result in substantially higher charges than you typically incur. In such a case, Cox will suspend roaming until we can contact you and we may require a prepayment of roaming charges before restoring roaming service.
29. International Calling and SMS/MMS
The Service offered under your Rate Plan does not include international calling, which includes calls placed from the U.S. to another country, unless you request such Service be included in your Rate Plan on a per line basis. In the event you request international calling be added to your Rate Plan, Cox may impose certain qualifications or requirements before you can add international calling to your Rate Plan. If you add international calling to your Rate Plan, Cox may impose limitations on the number of changes you can make to your international calling plan in a given billing cycle. Cox may impose limitations on your international calling and such limitations are set out in your Rate Plan. Charges will vary based on the destination of the call, and on whether it is a mobile termination or a landline termination. Incoming international SMS/MMS messages will be treated in the same manner as domestic incoming SMS/MMS messages. For international messages that you send, the rates you will pay will be fixed rates for any message destination. Cox may suspend international calling or international SMS/MMS if Cox (in its sole discretion) determines that your amount of international calling or international SMS/MMS exceeds your normal usage and may result in substantially higher charges than you typically incur. In such a case, Cox will suspend international calling or international SMS/MMS until we can contact you and we may require a prepayment of international calling or international SMS/MMS charges before restoring international calling or international SMS/MMS service.
30. Data and Messaging Services
The rates, terms and conditions for your use of data and messaging services are set out in your Rate Plan. Certain messages are non-billable, and they include Cox initiated notifications and administrative messaging. Unused messages or data allowances will not carry forward to the next billing cycle. You will be allowed over-the-air Device updates and certain value-added features that consume data without incurring charges. These non-billable features are Cox initiated firmware updates or Device diagnostics, self-care application usage, phone activations, and data component of picture and video messaging. When you activate data Service or messaging Service, you must have voice Service, and if you cancel your voice Rate Plan, your data Services or messaging Service will be terminated as well. You will be charged for messages and email whether read or unread, sent or received, solicited or unsolicited.
31. “Unlimited Data” Plans
If you are on an unlimited data Rate Plan, you agree that "unlimited" means you pay a monthly fee for wireless data Service no matter how much data you use and that subscribing to an unlimited data Rate Plan does not mean that you can use Service in any manner you choose or in violation of any of Cox’s applicable policies (including Cox’s AUP) or any of the terms and conditions of this Agreement. You also agree that even under an unlimited data Rate Plan, Cox may limit, restrict, suspend, or terminate your data service or switch you to an alternate Plan if your data usage is excessive, exceeds any thresholds or data allowances established by Cox, or violates any applicable Cox policies (including Cox’s AUP) or any terms and conditions of this Agreement.
32. Promotions and Discounts
If you received Services under a promotion or discount program, after the promotion or discount ends, the then-current regular retail rate for Services will apply. The retail rates for Services may be found on the Cox website, by calling your local Cox office, or visiting your local Cox retail store. Any discounts provided through a government program are based on rules of the program and may end or change at any time.
33. Taxes, Assessments and Fees
You must pay all federal, state, and local taxes, fees, and other assessments applicable to the Services we provide you and such taxes, fees and other assessments are not included in and are in addition to the monthly charges provided for in your Rate Plan. We may make changes to these charges without giving you advance notice. If you are claiming any tax exemption, you must provide us with your exemption certificates and pay for any filings we make in connection with your exemption request. We use the street address at which you receive Cox residential Internet service as your Location of Use (“LOU”) purposes of determining and calculating applicable taxes, unless the tax laws require use of a different address in which case we utilize the best information available to us to determine the correct address. If you do not provide an LOU, we will assume your LOU is the same as your address residential Internet service. Except as may be otherwise required by law, in the event you dispute your LOU or the location we assigned you and the resulting taxes or fees applied on your bill, you must request a recalculation of the disputed tax or fee within 60 days of the date of our bill containing such tax or fee.
You agree to pay all other charges we may assess to defray governmental charges or costs we incur in connection with the Services (“Surcharges”), and these Surcharges may include, but are not limited to, Federal Universal Service, various regulatory and administrative charges, gross receipts charges and charges that we may incur in complying with governmental programs. The amount and type of these Surcharges vary depending upon the location of your service address, and because some Surcharges are based on amounts set by the government, we will not always be able to provide advance notice of new Surcharges or changes in the amount of existing Surcharges. Therefore, we shall be entitled to add new Surcharges or change the amount of existing Surcharges that we charge you without providing advance notice to you. Surcharges will apply whether or not you benefit from the programs, activities, or services included in the Surcharge.
Payments to your account are governed by all Cox Payment Policies. The Cox Payment Policies can be found at: https://www.cox.com/aboutus/policies/billing-and-payment-policies.html. In addition, You must pay your bill when it is due. If you do not pay your bill by the due date, you may be assessed a late fee up to the highest amount allowed by law and may be subject to further action on your account including suspension or termination of the Service. Information on Cox’s current late fees can be found at http://www.cox.com/support. Late fees may vary based on the total amount of unpaid charges you owe Cox. If we accept late or partial payments, you still must pay us the full amount you owe, including late fees. We will not honor limiting notations you make on or with your payment. Late payment, non-payment and/or collection fees are intended to be a reasonable advance estimate of our actual costs resulting from late payments and non-payments by our customers; these costs are not readily ascertainable and are difficult to predict or calculate at the time that these fees are set. You and we each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or costs of collection permitted by law or this Agreement. You agree that Cox and collections agencies that work on our behalf may contact you about your account status, including past due or current charges in the manner and means agreed to by you under this Agreement. In the event you make a payment for less than the full amount due on your invoice, we will apply your payment first to charges for Services (including any applicable taxes or Surcharges or device protection fees) and then to amounts due to Cox for Devices such as down payments or sales taxes,. As a result, failure to pay the full amount stated on your invoice could potentially result in suspension or termination of coverage under your device protection plan.
36. Disputing Charges [+]
If you do not agree to a charge on your bill, you must dispute it within 30 days of the bill due date. You may dispute charges by calling us or visiting https://www.cox.com/residential/contactus.html. If you do not dispute a charge, you may not pursue a claim in arbitration or in court. If you accept a credit, refund, or other compensation or benefit to resolve a disputed bill or charge, you agree that the issue is fully and finally resolved, and you release Cox from any liability related to the dispute. If you dispute the same type of charge (e.g., roaming or international long distance) several times, Cox will have the right to suspend or terminate the feature or service that is the subject of the repeated disputes.
37. Charging for Voice and Data Calls and Rounding Up
Airtime usage for voice calls is measured from the time the network begins to process a call (before the phone rings or the call is answered) through its termination of the call (after you hang up). Any calls you make or receive using your Device 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. You may be charged for more than one call/message when you use certain features resulting in multiple inbound or outbound calls/messages (such as call forwarding, call waiting, voicemail, conference calling, and multi-party messaging). Total data usage during each billing cycle will be rounded up to the nearest gigabyte. For each individual event of data usage, the gigabytes actually used during the event will be rounded up to the next 0.01GB. In the event that you are on a Rate Plan where you purchase data by the gigabyte, you will be charged a minimum usage charge for 1 gigabyte of data usage per line even if you had no data usage during the billing cycle.
38. Compliance with Law and Misuse of Service or Device
You agree that you will comply with all current and future laws regarding wireless devices and service while using your Devices and the Service. Cox may monitor your network usage, including but not limited to the information related to the geographic location where Services or your Devices are being used, to ensure your use is consistent with the applicable restrictions and limitations contained herein. If you misuse the Services or a Device, Cox may suffer harm and will have all remedies available at law or in equity, including injunctive relief. Services provided under this agreement are intended for use by individual consumers engaging in typical, non-commercial personal use and use of Services must comply with Cox’s then-current acceptable use policy, which may be found at https://www.cox.com/aboutus/policies/cox-mobile-acceptable-use-policy.html. (“AUP”). If usage under this agreement is not consistent with typical individual consumer usage or violates the AUP, at Cox’s sole discretion, Cox may immediately suspend, restrict, or cancel some portions of or all of Your Services or modify your Rate Plan. Conduct that may lead to Cox suspending, restricting, or cancelling parts or all of Your Service or modifying your Rate Plan may include, but is not limited to:
(i) excessive voice usage, including, but not limited to excessive or frequent calls to the same telephone number, excessive inbound calls, excessive calls during business hours, excessively long calls to a single telephone number, calls made to numerically sequential telephone numbers, high volume termination and re-initiation of calls, engaging in continuous or extensive call forwarding, using the Service for transmission or reception of broadcasts, telemarketing, fax broadcasting, chat lines, conference bridge or call center functions, or using an auto-dialer in connection with the Service;
(ii) excessive inbound or outbound SMS messaging including, but not limited to using any Service to engage in spam or junk SMS or MMS messaging or using applications that engage in unattended use or generate automatic SMS or MMS feeds, or engage in automated machine-to-machine or machine-to-person messaging;
(iii) excessive use of a Device as a mobile “hotspot” tethered to other devices or other excessive data usage that is not typical of an individual consumer’s non-commercial, personal use including but not limited to automated connections that allow web broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer file sharing, use of Service as a substitute or back-up for private lines, landlines, or full-time or dedicated data connections, excessive and/or disproportionate data usage that contributes or has the potential of contributing to network congestion, spam or unsolicited commercial or bulk email generation, using unauthorized software or devices to maintain a continuous active Internet connection when the connection would otherwise have entered idle mode, and usage that conflicts with applicable law;
(iv) using domestic roaming data in excess of 200 megabytes per billing cycle (in which event Cox may disable roaming data on your account);
(v) if international long distance or international roaming is included in your Rate Plan exceeding the international long distance or international roaming limits or thresholds set out in your Rate Plan (in which event Cox may disable international long distance or international roaming on your account);
(vi) modifying or tampering with your Device, including but not limited to unlocking, rooting, re-flashing, jail breaking, or altering the build state of your Device in a manner which conflicts with Cox’s policies or rules on unlocking devices, or engaging in any unauthorized or illegal use of your Device or the Service, or assisting others in such acts;
(vii) using a repeater or signal booster other than one we provide to you;
(viii) using the Service or Device in a manner that adversely interferes with the security or capacity of the network over which Service is provided or degrades its performance or hinders other customers’ access to the network;
(ix) using the Service or Device in a manner that harms Cox’s reputation;
(x) using any Service to send content or messages or otherwise engage in communications that are abusive, obscene, harassing, illegal, fraudulent, threatening, or defamatory;
(xi) resale of Service;
(xii) intercepting other people’s communications or accessing or attempting to access another person’s account or otherwise circumvent any security measures imposed by Cox or another user;
(xiii) using any Service in a manner that infringes the copyright, trademark, or other rights of any third party. Cox assumes no responsibility, and you assume all risk regarding the determination of whether material is in the public domain, or may otherwise be used by you for any purpose. In the event Cox receives a claim of infringement from a copyright owner, Cox may forward one or more such notices directly to you. Cox may suspend and, in appropriate circumstances, terminate any repeat copyright infringer. For more information regarding Cox’s policies and procedures addressing copyright infringement, please visit https://www.cox.com/aboutus/policies/copyright.html;
(xiv) uploading any virus, worm or malicious code or software or malware;
(xv) any other conduct that violates the AUP, these T&C’s or any applicable law;
(xvi) any attempt to assist or facilitate anyone engaging in any of the above activities.
39. Data Usage and Data Allowances and Reduced Data Speeds
You may conduct data sessions for the following non-commercial, individual consumer purposes: Internet browsing, email, Internet access, and usage of applications approved by the manufacturer of your Device that are installed on your Device. Cox reserves the right to prohibit or limit certain uses that may adversely impact the network over which Service is provided. In addition, Cox or one of Cox’s vendors may engage in certain network management practices that may affect your use of the Service. Details regarding Cox’s current network management practices may be found in Cox’s Internet Service Disclosures located on the Cox website at https://www.cox.com/aboutus/policies/cox-mobile-internet-service-disclosures.html. Depending on your Rate Plan, your data services may be limited to particular throughput rates if your total data usage during a billing cycle exceeds certain thresholds. The details on reduced throughput rates and data usage thresholds for such reduced throughput rates are set out in your Rate Plan.
40. Service Availability and Coverage [+]
Although coverage maps will provide you with information about coverage in a given area, these are only estimates of wireless coverage for the Service. There are factors that may affect coverage or performance of the network providing Service or your Device, such as inclement weather, topography of the land, network issues including usage by other users, public safety needs, signal strength, the performance of or technologies used in or supported or not supported in your Device, the availability of public or private Wi-Fi networks, interference, software or structures blocking signal transmission. These factors may result in slower data speeds and dropped calls and may generally affect the quality of Services. Outages and interruptions of Service may occur. This may also impact E-911 and GPS navigation because these depend on network coverage and your Device’s capability to acquire satellite signals. Cox has the right to collect data associated with device, network environment and experience to connect customer to private or public Wi-Fi hotspots and may use data analytics to improve performance and help deliver a better connectivity experience. In instances where the network providing Service is not controlled by Cox there may be network management practices or actions taken by the carrier operating the network that likewise can impact the availability, speed, or quality of services. In any event we will not be liable for issues that may impact the availability, speed, quality, or performance of Services or the delivery or completion of any call, message, data, or information sent using the Service. You may view the specific network coverage provided by Cox in the coverage maps that are available at our retail stores and on our website. From time to time, traffic on the network providing Service may be prioritized or data rates may be limited based on usage or other factors related to reasonable network management.
42. Avoiding Fraud
You agree that Cox and its fraud-related service providers may collect, review, and utilize information regarding your account, your Device, your use of Service and use of your Device, including but not limited to information related to the geographic location where Services or your Devices are being used, solely for purposes of avoiding, eliminating, or limiting potential fraudulent activation of or use of Cox Service. If Cox determines that a cloning fraud has occurred on your account, you will be notified of this fact and you will be provided with a new SIM or your Device will be reprogrammed to avoid future cloning fraud. You agree to make your Device available and to assist us in such efforts. If it is determined that the fraud is due to certain activities conducted by you, Cox may terminate your Service immediately. You agree not to engage in any unauthorized, fraudulent or illegal use of your Device or the Service.
43. Intellectual Property [+]
You have a license to use the equipment, content, service, software and/or applications ("Content") provided by the Cox Group and/or third-party providers (collectively "Suppliers"), however, you agree that all such Content shall remain the sole property of Cox or a Cox supplier and that no additional rights arise from this grant of use. By subscribing to Service, you waive any intellectual property rights claims against Cox or Suppliers in connection with this Agreement and agree that Cox and Suppliers have the right to enforce this provision. You acknowledge and agree that neither Cox nor Suppliers can provide uninterrupted or error-free service, and neither Cox nor any Supplier shall be liable to you for any loss, injury or damage, in whole or in part, arising out of your use or inability to use any such Content in connection with the Service provided by Cox under this Agreement. You agree that you will not misappropriate, infringe on, tamper with or interfere with the intellectual property rights of Cox or Suppliers by copying, modifying or reverse engineering, downloading or reselling any of the Content and that doing so may entitle Cox or Suppliers to injunctive relief and money damages.
44. Important Information About Your Privacy
45. Take Back and Recycling of Equipment and Accessories [+]
For Devices or accessories (including rechargeable batteries) sold in certain states, Cox provides a Device or accessory take back and recycling program that permits you to return a Device or accessory purchased from Cox to Cox, at no cost to the customer, for recycling and/or disposition in accordance with any applicable laws or environmental requirements. In addition, Cox may from time to time offer a trade-in program that permits you to trade-in your prior Device for a new Device. Prior to returning any Device to Cox for take back and recycling or trade-in, you should factory reset the Device and wipe any personal data from the Device prior to sending it to Cox or Cox’s representative or vendor. In the event that you fail to factory reset your Device or to wipe any personal data from the Device prior to returning it to Cox, you authorize Cox or Cox’s representative or vendor to perform its own factory reset on any Device and to wipe any personal data, and you agree that Cox shall not be responsible for any claims or losses that result from such actions by Cox or Cox’s representative or vendor or the fact that you returned a Device that contains your personal data. When you provide a Device or accessory to Cox under the take back and recycling program, you acknowledge that you will not receive any payment or compensation for the Device or accessory you submit to Cox, and you agree that Cox becomes the owner of the Device or accessory and will recycle or dispose of the Device or accessory in accordance with applicable law. Participating in Cox’s take back and recycling program does not satisfy any obligations you may have under a device financing plan you entered into at the time of purchasing your Device or any device protection plan or extended warranty you may have purchased from Cox, and you must comply with any device return requirements under such programs as set forth in the agreement you entered into for device financing or device protection or extended warranty.
46. Indemnification [+]
You hereby indemnify and hold the Cox Group harmless from any claim, actions, proceedings, damages and liabilities, including attorneys’ fees, arising out (i) any claims related to your use of the Services or Devices; (ii) any claim that your use of the Service infringes on the patent, copyright, trademark or other intellectual property 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, your employees or other users of the Services; (v) any act in violation of any laws or regulations committed by you, your employees or other users of the Services under your account; or (vi) any claims arising out of your and your employees’ acts or omissions, including but not limited to, your failure to safeguard your passwords or other account information, and failing to provide notices to other users of your Device regarding the terms and conditions of the Agreement.
47. Limitation of Liability [+]
The Cox Group shall not be liable for damages for failure to furnish, or the degradation or interruption of any Services, for any lost data, or content, identity theft, for any files or software damage, regardless of cause. The Cox Group shall not be liable for damage to property or for injury to any person arising from the installation, maintenance or removal of equipment, software, wiring, improper use, or the provision of Services or Devices. The Cox Group is not responsible for any download, installation, use, transmission failure, interruption, or delay related to content or applications on your Device, or any third-party content, services, advertisements, or websites you may be able to access by using your Device or the Services, even if you are charged for such content or applications on your Cox bill. You are solely responsible for maintaining virus and other Internet security protections when accessing third party content, applications, or services. You recognize that you have an obligation to exercise caution and personal responsibility and to make sure that your use of the Device does not subject you or others to danger. You also recognize that the Services are not fault-tolerant and are not designed for high-risk activities such as online control equipment in hazardous environments requiring fail-safe performance in which the failure of the Service could lead directly to death, personal injury, or severe physical or environmental damage and you agree that Cox shall not be liable for any claims or damages arising from the use of the Service in connection with any such high-risk activities. You hereby waive any claim against Cox based on damage or injury to yourself or others that you cause when using the Device while driving. Nor shall the Cox Group be liable for failure to provide service if the cause is due to the acts of a third party, or for any claims arising out of any third-party content. The Cox Group’s maximum liability to you arising under this Agreement will be limited to the amount actually paid by you in the twelve months preceding your claim. To the extent permitted by law, you and Cox agree that any claims under the Agreement or related to the Service or your Device must be brought within 2 years of the date the claim arises. [To the extent permitted by law, you and Cox each agree to limit claims for damages, or other monetary relief against the other party to direct and actual damages regardless of the theory of liability. This means that neither you nor Cox will seek any indirect, special, consequential, treble, or punitive damages from the other party. This limitation and waiver also applies to any claims you may bring against any other party to the extent that Cox would be required to indemnify that party for such claim.] If another wireless carrier (e.g., a roaming carrier) is involved in any act or omission related to your Service, you also agree to any limitations of liability that the other wireless carrier imposes on any claims.
48. DISCLAIMER OF WARRANTIES [+]
THE COX GROUP MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY RELATED TO SECURITY OR AUTHENTICATION, AS TO THE DEVICES FURNISHED TO YOU AND/OR SERVICES PROVIDED. COX DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE SECURE, ERROR-FREE OR WITHOUT INTERRUPTION. Except for any written warranty that may be provided by your Device’s manufacturer, and to the extent permitted by law, the Services and Devices are provided on an “as is” and “with all faults” basis. You accept responsibility if you use your Service as a means of security or authentication for other accounts. Although it is illegal for unauthorized people to intercept your communications, you should be aware that such interceptions can occur.
You may not assign or transfer any part of this Agreement without the prior written consent of Cox. Cox may assign this Agreement without your consent, and Services may be provided by one or more legally authorized Cox affiliates.
50. Choice of Law [+]
This Agreement shall be governed by the Federal Arbitration Act, applicable federal law, and the laws of the state encompassing the area code of the Mobile Directory Number (MDN) initially assigned to your Device at the time you commenced purchasing Services under this Agreement, without regard to the conflicts of law rules of that state. For example, if the mobile telephone number initially assigned to your Device was 478-XXX-XXXX, then this Agreement would be governed by the laws of the State of Georgia because the State of Georgia encompasses the area code 478. If the area code overlaps two states, then this Agreement will be governed by the laws of the state for which the area code covers a larger geographical area. For the avoidance of doubt, any change to your MDN after you first commence purchasing Services under this Agreement will not result in a change to the applicable law governing this Agreement. All court proceedings and arbitration must be conducted in the county and state which our records reflect encompassing the area code of your initial MDN. If any provision of the Agreement is invalid or unenforceable under the laws of a particular jurisdiction, then that provision will not apply in that particular jurisdiction. The invalidity or enforceability of any provision in this Agreement will not affect the validity or enforceability of any other provision in this Agreement.
51. No Waiver
Failure by Cox to enforce its rights in one instance under this Agreement shall not constitute a waiver of Cox’s rights to enforce any of its rights in the future.
If any portion of this Agreement or these T&C’s are determined to be unenforceable or void, that portion may be severed.
53. Entire Agreement
This Agreement and the T&C’s constitute the entire Agreement between you and Cox Group regarding your Service. You cannot rely on any other representations or statements made by anyone outside of this Agreement and the T&C’s related to your Service or our Agreement covering your Service. This Agreement is not for the benefit of any third party except Cox Group affiliates, subsidiaries, agents, and predecessors and successors in interest.
Except as expressly provided for in this Agreement, our Agreement can only be amended through a written document specifically amending this Agreement and agreed to by you and Cox in accordance with the terms of this Agreement. In those instances where this Agreement incorporates a Cox policy or material posted on Cox’s website, such policies or materials may be updated by Cox at any time in the sole exercise of its discretion and you agree that the updated policies or materials become part of this Agreement to the extent they are referenced in this Agreement.
55. Notices and Consent to Contact [+]
You agree to provide Cox with notice by either calling Cox customer service or visiting https://www.cox.com/residential/contactus.html. Cox may provide you with notice by writing to your last known billing address, via email, by calling you on your Device or any other phone number you may have provided to Cox as a means for us to contact you, by text or voice or in-app message on your Device or any other phone number you may have provided to Cox as a means for us to contact you, or by including the notice in your bill. It is your responsibility to inform Cox of the manner in which you prefer to receive notices and to update your contact information promptly as needed. Electronic notices are considered delivered when sent to the email address or other electronic delivery address or number you have provided to us. Mail notices are considered delivered 3 days after mailing. Notices posted on your bill are considered delivered when your online bill is made available for your review. For multi-line accounts, we may assign a “Primary Telephone Number” to your account for the purpose of receiving notices, as well as for other purposes. If you would like to change it, contact us. You agree that Cox may contact you without charge, on any wireless telephone number assigned to your account (including by text message or voicemail) for purposes connected with the Service and your account with Cox and in any manner permitted by law. You also expressly consent to be contacted by Cox, and anyone contacting you on Cox’s behalf, for any purpose, including billing, collection, or other account or service related purpose, at any telephone number or physical or electronic address where you may be reached, including any wireless telephone number you provided to Cox as a means of contacting you (even if such wireless telephone number is for an account with another provider of wireless services). You may also opt-in to receive marketing information from Cox by accessing the following [My Profile]. You agree that Cox, and anyone contacting you on our behalf, may communicate with you in any manner, including using a pre-recorded or artificial voice, using an automatic telephone dialing system to place calls or send messages or alerts, or using an automated system to deliver email messages or text messages. If you revoke your consent to be contacted by Cox via your wireless telephone number, Cox will not continue to contact you on your wireless telephone number for items such as collections or billing. You acknowledge and agree, however, that you may not revoke your consent to be contacted by Cox (or anyone contacting you on Cox’s behalf) in any of the ways you previously approved or consented to with regard to emergencies, fraud, violations of law, violations of Cox’s AUP, security issues, or network performance issues. Unless you notify us that your wireless service is based in a different time zone, calls will be made to your cellular device during permitted calling hours based upon the time zone affiliated with the mobile telephone number you provide. If a contact number or email address you have provided to us is no longer valid or usable, you agree to notify us promptly that you can no longer be reached at that number or email address. You represent that you have received, and are authorized to convey to us, the consent of any authorized users you have registered for your account and other users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your Service and account. Cox will treat any email address you provide as your private email that is only accessible by you; you acknowledge that we may send you receipts, notices and other documents regarding your service to this email address.