Wifi Terms of Service

Cox WiFi Hotspots are offered by Cox to eligible customers of Cox and Cox Business Internet, and non-Cox customers who are authorized by Cox to use the WiFi Service. Cable WiFi™ is a service offered by Cox, Comcast Corporation, Charter/Time Warner Cable, and Cablevision/Altice ("Home Internet Provider"), which allows eligible Internet subscribers of those companies to access the other companies’ available and authorized WiFi networks when subscribers are located in their respective markets. Cox WiFi and Cable WiFi^™ are collectively referred to herein as the "WiFi Service."

You must accept these WiFi Terms of Service prior to using the WiFi Service. When you are accessing the WiFi network of one of the other Cable WiFi^™ companies, their Terms of Service, Privacy Policy, and network rules apply. You may be required to accept their terms prior to accessing their WiFi network.

GENERAL INFORMATION

In order to use the WiFi Service, you must have a wireless-enabled device for Internet connectivity. A username and password is required to access the WiFi Service to make sure you are authenticated either by Cox, or your home Internet service provider if you are using the WiFi Service outside your home area. Cox may, from time-to-time, in its sole discretion permit use of the Cox WiFi network during certain special events in Cox’s service area to non-Cox and non-Cable WiFi customers (“Permitted User”) and if applicable to you, you must provide the authentication information required by Cox for accessing the Cox WiFi service. You are permitted to use more than one device per customer account, but the number is not unlimited and may change from time to time. You understand that Cox may have to manage the WiFi Service in order to make the service a good experience for multiple simultaneous users. This may include, for example, a time limit on each session, a limit on a number of sessions within a given time period, a limit on the number of devices per account, or a limit on the amount of bandwidth used by each device. If Cox implements a time limit on your use of the Wi-Fi Service, there is no warning prior to disconnection of the session. You may use the WiFi Service for as long as WiFi Service is offered and you are either an active qualified Cox or Cox Business Internet customer in good standing or an active customer of your Home Internet Provider. Permitted Users may use the Cox WiFi service for the period specified by Cox. Cox has the right to terminate your ability to use WiFi Service if you violate any of the terms of this Agreement or abuse the WiFi Service, including blocking the MAC address of your WiFi device from accessing the WiFi Service, now or in the future.

RESTRICTIONS ON USE

By using the WiFi Service on Cox's network you also agree to Cox's Acceptable Use Policy (AUP). The AUP for residential customers is located at https://www.cox.com/aboutus/policies/acceptable-use-policy.html. The AUP for business customers is located at www.cox.com/aboutus/policies/business-acceptable-use-policy.html. Permitted Users are hereby subject to Cox’s residential AUP or Business AUP as applicable to the use permitted by Cox. Please review the full policy once you have access to the Internet. If you will or do not comply with the AUP, you must stop using the WiFi Service immediately.

In addition to the terms of the Acceptable Use Policy, you agree that you will not:
 

a) Program any IP address other than the one assigned to you by Cox into your wireless-enabled device connected to the WiFi Service;
b) Program any other MAC address into your device;
c) Resell to, or share, the WiFi Service with any third party not a member of your household, including sharing your username and password unless authorized as part of your Cox subscription, Cox Business Internet subscription or access pass.

d) Be inconsiderate by making viewable or audible any content that persons around you may find offensive or objectionable. Please be aware of the audience around you, including children, while using the WiFi Service.

e) Use the WiFi Service in a manner that violates any applicable local, state, federal or international law, order or regulation.

f) Take part in any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature.

g) Invade another person's privacy, stalk, harass, or otherwise violate the rights of others.

h) Post, transmit, or distribute content that is illegal, threatening, abusive, libelous, slanderous, defamatory, promotes violence, or is otherwise offensive or objectionable in Cox's sole discretion.

i) Restrict, inhibit, or otherwise interfere with the ability of any other person to use or enjoy the WiFi Service, including, without limitation, by posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, Trojan botnet, cancelbot, or other harmful feature.

j) Operate servers of any type or other equipment or software providing server-like functionality in connection with the WiFi Service.

MONITORING AND COLLECTION OF DATA

The WiFi Service and any related websites are not directed to children under the age of 13 and Cox does not knowingly collect information from persons under the age of 13. Users under the age of 13 should have parental or guardian permission before providing information to use the WiFi Service.

Cox collects information to authenticate you as a valid Internet subscriber authorized to access WiFi Service or a Permitted User. Once authenticated on the WiFi Service, your information will be stored to allow you to auto-connect to the WiFi Service without having to authenticate each time you access the WiFi Service. Periodically you will be required to re-authenticate. Cox will track and store IP addresses and the MAC address of your device accessing WiFi Service, as well as usage data associated with the MAC addresses of each device. We may also monitor the traffic for network management and security purposes, such as identifying malware, bandwidth consumption, location of the access points, session start and end time, types of protocols and applications used, and illegal content such as child pornography. We may provide this information to law enforcement personnel pursuant to lawful subpoena or court order, or to protect our rights, users or property. You acknowledge and agree that Cox has the right to electronically monitor your use of the WiFi Service to operate the WiFi Service properly, to protect itself or its subscribers, to enhance or develop Cox services offered to you, to disclose any information as necessary to satisfy any law, regulation or other governmental request, or to protect our rights, network, users or property.

In order to facilitate your use of the Cable WiFi^™ service when outside your home market, we will also share certain information with the other companies participating in Cable WiFi^™. You hereby agree that Cox may share this information with the other Cable WiFi^™ member companies as needed to facilitate your access to Cable WiFi^™.

We may also collect additional personal information if you sign up for free or discounted access to the WiFi Service. We may use that information to market to you and in accordance with the Cox Privacy Policy. More information about the collection of data is available in the Cox Privacy Policy located at https://www.cox.com/aboutus/policies/online-privacy-policy.html

RISKS OF WIFI SERVICE

WiFi Service is provided over wireless radio waves, which means that your transmissions could be intercepted by unauthorized persons. You assume all risk and release Cox in the event of any damage you may suffer during use of WiFi Service, including the introduction of any viruses that may occur or breaches from unauthorized third parties. Please ensure your anti-malware software is up to date and that your data is backed up or otherwise protected. If you are in a public area please be mindful of others that may be able to view the content on your device.

The WiFi Service is not intended for use in making 911 calls. It is not recommended that you use over-the-top voice services, such as Skype or Vonage, to make 911 or other emergency calls using the WiFi Service. If you make a 911 call and you are out of your mobile carrier's coverage area, the 911 call may not go through.

INTELLECTUAL PROPERTY

a) Cox and its authorized vendors own all intellectual property rights in the WiFi Service, including related written materials, logos, names and other support materials furnished with the WiFi Service.

b) No title to the intellectual property in the WiFi Service, the documentation, magnetic media or any other material provided therewith is transferred to you by this Agreement.

c) All rights are reserved. All other names, trademarks and logos that appear in the WiFi Service are the property of Cox, the third party vendors, or the applicable Cable WiFi members. You may not use any of these names, trademarks or logos without Cox's prior written permission or the permission of the owner.

LIMITED WARRANTY AND LIMITATION OF LIABILITY

a) THE WIFI SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

b) COX DOES NOT WARRANT THAT THE WIFI SERVICE WILL MEET ANY PARTICULAR NEED OF THE USERS OR THAT THE OPERATION WILL BE ERROR FREE.

c) COX MAKES NO WARRANTY THAT THE WIFI SERVICE WILL ACHIEVE ANY PARTICULAR DOWNLOAD AND UPLOAD SPEEDS. REFUNDS WILL NOT BE GIVEN FOR ANY FAILURE OF THE WIFI SERVICE.

d) IN NO EVENT SHALL COX (AND IF APPLICABLE, THE OWNER OF PRIVATE PROPERTY HOSTING THE ACCESS POINT THROUGH WHICH YOU ARE ACCESSING WIFI SERVICE) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, INCLUDING ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION BASED ON CONTRACT OR TORT ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF WIFI SERVICE. YOU HEREBY WAIVE ANY CLAIMS AND RELEASE COX (AND ANY OWNER OF THE PRIVATE PROPERTY HOSTING THE ACCESS POINT) FROM ANY CLAIMS ARISING OUT OF YOUR USE OF THE WIFI SERVICE OR COX'S PROVISION OF THE SERVICE TO YOU, INCLUDING COLLECTION OF ANY DATA.

e) Although Cox has taken commercially reasonable steps to provide a secure system within limitations existing in network and computer infrastructure, Cox does not warrant or guarantee that communication over the WiFi Service shall be secure from monitoring or tampering, nor that information stored on any computer connected to the WiFi Service shall be secure from monitoring or tampering. Because of this, any sensitive or confidential information (such as credit card numbers or other financial information, medical information or trade secrets) sent by Customer is sent at Customer's sole risk and Cox shall have no liability whatsoever for any claims, losses, action, damages, suits or proceedings arising out of or otherwise relating to such actions by Customers.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Cox and its affiliates, officers, directors, subcontractors, employees, agents and the Cable WiFi member companies (and if applicable, the owner of private property hosting the access point through which you are accessing the WiFi Service) from any claims, losses, or expenses of any kind (including, but not limited to attorneys' fees) arising from your use or attempted use of the WiFi Service, including, but not limited to, use of the WiFi Service in any manner prohibited under this Agreement. Your obligation to indemnify Cox survives your use of the WiFi Service and termination of your access to the WiFi Service.

CHANGE OF TERMS OF SERVICE

These Terms of Service may be changed from time to time and changes will be posted. Your ongoing use of WiFi Service after changes are posted means you agree to the changed Terms of Service.

MISCELLANEOUS PROVISIONS

The rights and obligations of the parties hereunder shall be governed by and interpreted, construed and enforced in accordance with the laws of the State or Commonwealth in which Cox provides the WiFi Service. If any part of the Terms of Service is held by a court of law to be unenforceable, the remainder of these Terms of Service shall remain in full force and effect and the unenforceable provisions shall be interpreted as closely as reasonably possible to reflect the original intentions of the parties. This is the complete and entire agreement between you and Cox with respect to your use of the WiFi Service.

ARBITRATION

By using the WiFi Service, you agree to arbitration of any disputes arising out of or relating to these Terms of Service or the WiFi Service. If you are a Cox customer, you are already subject to the arbitration requirement unless you timely opted out according to the opt-out procedures in the arbitration section of the Residential Customer Service Agreement.

COX HIGH SPEED INTERNET CUSTOMERS

If you are a residential Cox subscriber, your use of Cox is governed by the Residential Customer Service Agreement and Cox Acceptable Use Policy, which are incorporated by reference herein as if fully set forth. If you are a Cox Business Internet subscriber, your use of the Cox Business Internet service is governed by the Cox Business Acceptable Use Policy. You may review these agreements on https://www.cox.com/aboutus/policies.html.