Customer service agreement cox

WE ADVISE YOU TO READ THIS AGREEMENT CAREFULLY INCLUDING THE ADDENDUMS FOUND AT THE END OF THIS AGREEMENT APPLICABLE TO THE INDIVIDUAL SERVICES. ALL OF THESE TERMS AFFECT YOUR LEGAL RIGHTS BY, AMONG OTHER THINGS, LIMITING COX'S LIABILITY AND REQUIRING MANDATORY ARBITRATION OF DISPUTES. YOU MAY OPT-OUT OF THIS ARBITRATION PROVISION BY FOLLOWING THE PROCEDURE DESCRIBED IN SECTION 4.

Effective Date: February 1, 2019 (v.5)

Introduction
Credit Checks/Deposits
Charges/Billing and Payments
Dispute Resolution; Mandatory Binding Arbitration; Class Action Waiver
Access to Your Premises
Cox Equipment
Customer Equipment
Phone Number, E-Mail Address and Cox Identifiers
Power Supply, Interruptions and Emergency Services
Software and Intellectual Property
Customer Privacy Notice and Account Security
Use of Services
Indemnification
Disclaimer of Warranties
Limitation of Liability
Termination
Miscellaneous

INTRODUCTION This Residential Customer Service Agreement ("Agreement") sets forth the terms and conditions under which CoxCom, LLC or one or more of its subsidiaries or affiliates authorized by applicable regulatory, franchise or license authority (each subsidiary hereafter "Cox") agrees to provide Services (as defined below) to you, and under which you, the Customer, agree to accept the Service. In this Agreement, "you" and "your" mean the "Customer" who subscribes to, uses, has access to or receives one or more Services or Cox Equipment (as defined below). "Cox," "we," "our," and "us" means the Cox entity that is providing you with Service. Cox Services include but are not limited to residential cable television service ("Cox Video"), high speed Internet service, including Cox Wi-Fi ("Cox Internet" or "CHSI"), local/intrastate telecommunications service ("Cox Local Telephone") and associated features or applications, state-to-state and international wireline telecommunications service, and other applications that permit you to access certain Cox Video services, which may include your ability to access over-the-top video content via the Internet, or calling and other features using a broadband connection ("Mobility Applications") ("Cox Long Distance Telephone"; Cox Local Telephone, Cox Long Distance Telephone and "Mobility Applications" are collectively referred to herein as "Cox Phone"), (Cox Video, Cox Internet and Cox Phone are collectively referred to in this Agreement as the "Service" or "Services"). The Services defined in this Agreement do not include any other services provided by Cox or its affiliates (for example, Cox Homelife sm security, automation and other services) or services provided by Cox to commercial customers, which may be governed by one or more separate agreements. Subject to Section 17(f), this Agreement shall remain in effect at all times you are subscribed to and/or receive the Service(s), to include following any changes you or Cox make to the Service(s) you receive or to the Cox Equipment, Customer Equipment or other equipment (as defined in Sections 6 and 7 below) you use. a. Our Agreement: You will be bound by the terms and conditions in this Agreement applicable to the Services provided, including the additional terms and conditions contained in the Addenda to this Agreement related to Cox Video, Cox Internet and Cox Phone. The Services are also subject to the Annual Privacy Notice ("Customer Privacy Notice") and as applicable, the Annual Customer Notice -Video Service Information and the Cox Internet Acceptable Use Policy ("AUP"). You will receive the Customer Privacy Notice and the Annual Customer Notice each year from Cox. These Notices and the AUP are posted on the Cox Website at www.cox.com or at another URL Cox may designate from time to time ("Cox Website"). Your use of the Services is also subject to any license agreements relating to any software used in connection with the Services. This Agreement incorporates by reference the terms and conditions of all other service agreements, tariffs and other documents applicable to the Cox Services including without limitation: (i) the Customer Privacy Notice, (ii) the Annual Customer Notice, (iii) if you subscribe to Cox Local Telephone Service, the terms and conditions contained in your state tariff or state Telephone Service Guide, as applicable, and (iv) if you subscribe to Cox Internet, the Acceptable Use Policy. Each Service is provided subject to federal, state and local laws, statutes, regulations, and ordinances applicable to such Service ("Applicable Law"). b. Minimum Term Service Agreements: If you have entered into an Agreement with Cox for a minimum term for services (for example, a 12, 18 or 24 month Agreement) ("Minimum Term Agreement") the terms and conditions of this Agreement are incorporated by reference into the Minimum Term Agreement. To the extent any term or condition of your Minimum Term Agreement expressly conflicts with any term or condition of this Agreement, your Minimum Term Agreement will govern.
c. Entire Agreement: This Agreement and all of the documents specifically incorporated herein constitute the entire Agreement between you and Cox for the Services. No prior agreement and no written or oral statement, advertisement, or Service description will contradict, explain or supplement it.
d. Acceptance of Agreement: Your Agreement with Cox starts when you accept and continues until your subscription to the Services is terminated, except as otherwise stated herein. Certain provisions of this Agreement will survive termination. You accept this Agreement when you first do any of the following ("Acceptance") upon or after the Effective Date of this Agreement: (i) sign this Agreement by written or electronic signature, (ii) inform us electronically or orally of your acceptance of this Agreement, (iii) activate any Service provided under this Agreement through a method provided by Cox, or (iv) use or pay for, in whole or in part, your Service.

Charges and Rates: You agree to pay by the due date on your Cox bill all charges associated with the Services and Cox Equipment and that you or anyone using your account or services incurs including without limitation all recurring and non-recurring fees. Non-recurring charges may include but are not limited to (i) installation, activation, and reactivation fees, (ii) certain equipment fees (iii) charges for pay-per-use services such as pay-per-view, OnDemand, events and adult programming, (iv) charges for certain premium channels or tiers, (v) data usage or overage charges, or (vi) charges for telephone features or phone usage charges such as, per-minute long distance calls, directory assistance, or operator-assisted calls. Rates and charges may vary depending upon the Services rendered and Cox may change the rates for the Services and Cox Equipment from time to time. If you received Service(s) under a promotion, after the promotional period ends, the then-current regular retail rate for the Service(s) will apply. The retail rates for Cox Services and Cox Equipment may be found on the Cox Website, in your Welcome Kit, by calling your local Cox office, visiting your local Cox retail store, or, for phone, in the applicable tariff or state Telephone Service Guide. All fees do not apply to all Services.
Governmental Taxes and Fees: You must pay all federal, state and local taxes, franchise fees and any other fees or payment obligations imposed by government or quasi-governmental bodies however described, levied or assessed which are applicable to the Services or Cox Equipment we provide you. Unless required by Applicable Law, we may elect not to provide notice of a change in fees or taxes. You will be responsible for paying any government imposed Surcharges that become applicable retroactively.
Other Cox or Third Party Surcharges and Fees: You must pay all other Cox imposed surcharges and fees we may assess in connection with the Services or the Cox Equipment (collectively "Surcharges"). These Surcharges may include, but are not limited to, the Broadcast Surcharge, Regional Sports Surcharge, federal Universal Service fees, telecommunications relay service fees, carrier cost recovery fees, FCC Access Fees, subscriber line charges, network interface fees, network access charges; and any other regulatory and administrative costs we incur to provide the Services and comply with governmental programs. These Surcharges are not government mandated fees or taxes but are charges that are either allowed to be passed through by governmental agencies or are imposed by Cox in order to facilitate the provision of the Services or the Cox Equipment. A description of some or all of these surcharges and fees may be found on cox.com under Billing and Account Support. Additionally, certain network providers may assess per minute surcharges or fees for calls that terminate to international wireless telephone numbers or additional surcharges or fees for traffic termination, which may impact the amount of Surcharges charged to you in Cox providing the Service ("Phone Surcharges"). The amount and type of these Phone Surcharges may vary depending upon the location of your Premises. Certain Surcharges, including some Phone Surcharges, may occur or fluctuate according to amounts or limits set by the government that Cox may pass through to you. Cox may not always provide advance notice if those changes cause adjustments in the amount of the Surcharges charged to you.
Third-Party Charges That Are Your Responsibility: You acknowledge that you may incur charges with third-party providers such as for accessing on-line services, calling parties who charge for their telephone-based services, purchasing or subscribing to other offerings via the Internet, or interactive options on your video service that are separate and apart from amounts charged by us. You are solely responsible for all such charges payable to third parties, including all applicable taxes, fees or surcharges. In addition, you are solely responsible for protecting the security of credit card, debit card, other financial information, or other personal information provided to others in connection with such transactions. You have the ability to block third party phone charges, such as collect and operator assisted calls. Please call Cox Customer Care if you would like to block these third party charges.
Unreturned Equipment Charges: If you upgrade, downgrade, disconnect or swap-out Cox Equipment related to any Cox Service and do not promptly return the Cox Equipment or if it is returned damaged ("Unreturned Equipment"), the damages Cox will incur will be difficult to ascertain. Therefore, Cox may charge your account for each Unreturned Equipment piece, a one-time Unreturned Equipment Charge as liquidated damages in an amount equal to Cox's reasonable estimates of the replacement costs and incidental costs that Cox incurs; provided, however, that such amount will not exceed the maximum amount permitted by law or the replacement cost of the Cox Equipment. If you return your Cox Equipment to Cox by mail, you will be responsible for (i) any damage to the Cox Equipment as assessed by Cox upon receipt, (ii) the replacement cost of such Cox Equipment if it is lost or damaged during transit, and (iii) shipping/handling costs, unless Cox provides written notice in advance that it will pay such costs.
Unauthorized and Disputed Charges: If you do not agree with a charge on your bill or you believe it is an unauthorized charge you must (i) pay undisputed amounts by the due date listed on your bill and (ii) notify Cox no later than sixty (60) days after the date of the bill (or such later date as required by law) of the disputed or unauthorized charges by calling or writing to us at the number and address specified on your bill and submit any documentation or other information to substantiate your claim of unauthorized charges. You waive any disputes or credits that you do not report within this 60 day period. Cox will investigate any disputed charges and will use reasonable efforts to advise you of the results of our investigation within thirty (30) days after Cox's receipt of your notice of dispute. Cox may, in its sole discretion, waive such charges. You will be responsible for charges or other obligations or liabilities associated with any improper, illegal or unauthorized use of the Services, Licensed Software and Cox Equipment as described in Section 13 below.

b. Payments and Billing:

Authorized Payment Methods: All payments must be made in U.S. currency only and via Cox-authorized payment channels. Cox-authorized payment methods include: (i) mailing payment to the bill payment address listed on your monthly bill; (ii) automated electronic drafts from your checking account; (iii) delivering cash, a check or money order payable to Cox, or paying by credit or debit card at a Cox retail store; (iv) delivering cash, a check or money order payable to Cox, or paying by credit or debit card at a Cox-authorized payment center (which may charge a convenience fee); (v) providing a credit or debit card payment to a Cox customer service representative or Cox authorized automated payment system over the telephone; or (vi) paying by credit or debit card through the Cox website. You agree not to make any notations or restrictions on your checks or on other forms for payment such as "paid in full" and you agree that any such restriction has no legal effect. If you use a credit or debit card to pay for any charges, taxes, fees or Surcharges, you acknowledge that use of the card is governed by the card issuer agreement, and you must refer to that agreement for your rights and liabilities as a cardholder. If Cox does not receive payment from your credit card issuer or its agents, you agree to pay all amounts due upon demand. When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction.
Billing and Late Payments: Unless you are subject to a Minimum Term Agreement, Service(s) are provided to you on a month-to-month basis. Recurring charges and taxes are due in advance once Service is initiated. Charges accrue through a full billing period. Cox may prorate or adjust a bill if the billing period covers less than or more than a full month (for this purpose, each month is considered to have 30 days); unless you subscribe to a pay-as-you-go service which is not prorated and is billed for a full month. We will determine the billing period and may change the billing period from time to time. Cox will determine and may change the billing format from time to time. You may be billed for some Service(s) individually after they have been provided to you, including without limitation measured and per-call charges, operator-assisted or directory assistance charges, charges for pay-per-view or On Demand movies or events, data usage overage charges and one time charges such as service call charges. If you fail to make full payment by the payment due date set forth on your bill statement, Cox reserves all rights it may have, subject to Applicable Law, to terminate Service or place the Service(s) in Soft Disconnection, remove Cox Equipment, collect the full amount due, including, without limitation, any applicable interest, costs of collection (including attorneys' fees and third party agent collection fees), late fees (subject to state law and regulations), door collection fees, bank fees and any other applicable fees, charges or payments. Any balance amount that remains delinquent may be referred to a third party for collections. Once the debt is referred to a third party for collection, you may be subject to and agree to reimburse Cox for additional fees, including reasonable attorneys' fees, and fees related to costs and expenses, which may be based on a percentage of up to 25% of the balance owed (subject to state law and regulations). For past due balances assigned to a field collector for payment, a fee of up to $25.00, or up to the maximum amount allowed by law or regulation, will be charged to your Cox account, regardless of how you make your payment. You may be required to pay a reactivation or reinstallation fee and/or a deposit in addition to all past dues charges before Service may be reconnected or restored.
Returned Payment: If your payment by check is returned, your payment via credit card is denied, or your electronic funds transfer is denied due to insufficient funds, or a closed account, you authorize Cox to make a one-time electronic fund transfer from your account to collect the amount of the payment plus any applicable returned payment fees of up to $25.00 or up to the maximum amount allowed by law or regulation. When payment is made by credit or bank card, the payment may also be subject to the terms and conditions required by the bank or credit card issuer.
Soft Disconnection: If your account has been delinquent or if Cox has a reason to believe you have otherwise violated this Agreement, subject to Applicable Law, you may be prevented from using certain of your Services including, for Cox Phone customers from making outbound calls except to 911 and Cox Customer Care ("Soft Disconnection") prior to full termination of service. This restriction will be lifted once you have made acceptable payments to us or otherwise meet Cox's minimum financial requirements, or you have communicated with Cox Customer Care and resolved any concerns about your account, Services or compliance with the terms of this Agreement.
Stored Payment Methods: If you provide Cox with any account information, such as your bank account and routing numbers or your credit or debit card details, we may store that information and use it to administer your account, confirm charges, detect and prevent fraud, verify your identity, process payments to your account that you request in the future by telephone, mobile app, internet, or otherwise, and comply with applicable data security protocols, including but not limited to the Payment Card Industry Data Security Standard. Additionally, Cox may, without prior notice to you, use your stored account information to initiate credit or debit entries to your account as necessary to correct any mistakes or amendments in billing, payments, or collection.

13. INDEMNIFICATION -

You hereby indemnify and hold harmless Cox and its parent companies, subsidiaries, affiliates, Suppliers and other suppliers, contractors, distributors, licensors and business partners, as well as the officers, directors, employees, agents and representatives of each of these (each a "Cox Related Party", and collectively, the "Cox Related Parties") from any third-party claims, actions, proceedings, damages and liabilities, including attorneys' fees, arising out of (i) your use, or other users use, of your Services or Cox Equipment; (ii) any act in violation of any law committed by you including any use of the Services that may infringe on the patent, copyright, trademark or other intellectual property right or privacy right of any third party; (iii) any breach by you of this Agreement; (iv) any content or software displayed, distributed, or otherwise disseminated by you or other users of your Services; (v) your failure to safeguard your PIN, passwords or other account information, and (vi) your failure to replace Equipment when requested by Cox. This Section will continue in effect after this Agreement terminates.

14. DISCLAIMER OF WARRANTIES -

YOU ACKNOWLEDGE THAT THE SERVICES, COX EQUIPMENT, AND LICENSED SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES. COX MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF TITLE OR NON-INFRINGEMENT AS TO THE SERVICES, COX EQUIPMENT, AND/OR THE LICENSED SOFTWARE PROVIDED TO YOU. COX DOES NOT MANUFACTURE THE COX EQUIPMENT, DEVICES OR LICENSED SOFTWARE AND IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS ON THE PART OF ANY MANUFACTURER, SPECIFICALLY INCLUDING A MANUFACTURER OF CUSTOMER EQUIPMENT OVER WHICH YOU RECEIVE THE SERVICES. UNLESS OTHERWISE RESTRICTED OR PROHIBITED BY APPLICABLE LAW, COX DOES NOT WARRANT THAT THE SERVICES, COX EQUIPMENT OR LICENSED SOFTWARE WILL BE ACCURATE, COMPLETE, ERROR-FREE, WITHOUT INTERRUPTION, FREE FROM VIRUSES OR OTHER MALICIOUS AGENTS EVEN IF ANTI-VIRUS MECHANISMS ARE DEPLOYED. COX DOES NOT WARRANT THAT ANY COMMUNICATION WILL BE TRANSMITTED UNCORRUPTED OR AT ANY UPSTREAM OR DOWNSTREAM SPEED. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THOSE PROVISIONS MAY NOT APPLY TO YOU. THIS SECTION WILL CONTINUE IN EFFECT AFTER THIS AGREEMENT TERMINATES.

15. LIMITATION OF LIABILITY -

THIS SECTION DESCRIBES THE FULL EXTENT OF COX'S AND THE COX RELATED PARTIES' RESPONSIBILITY FOR ANY CLAIMS FOR DAMAGES CAUSED BY OUR ACTS OR OMISSIONS OR THE FAILURE OF THE SERVICES, COX EQUIPMENT, OR LICENSED SOFTWARE, OR ANY OTHER CLAIMS IN CONNECTION WITH THE SERVICES, COX EQUIPMENT, LICENSED SOFTWARE, OR THIS AGREEMENT. THIS SECTION WILL CONTINUE IN EFFECT AFTER THIS AGREEMENT TERMINATES.

a. Limitation: Neither Cox nor any of the Cox Related Parties will be liable for damages for failure to furnish or the degradation or interruption of any Services, for a problem with the interconnection of Services, for any loss of data or stored content, for identity theft, or for any files or software damage, regardless of cause, or for a problem with the service or equipment of a third party.

b. Damage to Person or Property: Neither Cox nor any of the Cox Related Parties will be liable for damage to property or for injury to any person arising from the installation, maintenance or removal of Cox Equipment, Licensed Software, from use of Services or any content contained therein including interactive or 3D, television Services, from support for the Services, or from inclusion, omission, or error relating to information about you in any published or electronic directory we may offer. You recognize that you have an obligation to exercise caution and personal responsibility including adhering to all manufacturers' warranties accompanying any Cox or Customer Equipment or any other equipment used in connection with the Services and to make sure that your use of the Services and Cox Equipment does not subject you or others to danger.

c. Monitoring: Neither Cox nor any of the Cox Related Parties is obligated to monitor your use of the Services. Neither Cox nor any of the Cox Related Parties will be liable, however, for any action we take such as restricting access to obscene content or blocking email considered to be "spam" to assure your use of the Service is in compliance with Applicable Laws and this Agreement.

d. Third-Party Acts: You expressly agree that neither Cox nor any of the Cox Related Parties is responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another's rights including, without limitation, privacy and intellectual property rights, and you hereby release Cox and each of the Cox Related Parties for any such claims based on the activities of third parties.

e. No Indirect or Consequential Damages: YOU AGREE THAT FOR ANY CLAIMS YOU ASSERT AGAINST COX OR THE COX RELATED PARTIES AND FOR ANY CLAIMS THAT COX OR THE COX RELATED PARTIES ASSERT AGAINST YOU, THERE SHALL BE NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR REVENUE OR INCREASED COSTS OF OPERATION, OR FOR PUNITIVE DAMAGES, RELIANCE DAMAGES, OR SPECIAL DAMAGES. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES WERE FORESEEABLE OR WE WERE TOLD THEY WERE POSSIBLE, AND THEY APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

f. Additional Limitations on Cox's Liability for Cox Internet: The public Internet is used by numerous persons or entities including, without limitation, other Cox Internet subscribers. As is the case with all shared networks like the public Internet, there is a risk that you could be subject to "eavesdropping." This means that other persons or entities may be able to access and/or monitor your use of Cox Internet. If you post, store, transmit, or disseminate any sensitive or confidential information, you do so at your sole risk. Neither Cox, nor the Cox Related Parties or any of the Cox or Cox Related Parties' agents shall have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by you. You acknowledge that software programs are commercially available that claim to be capable of encryption or anonymization. We make no representation or warranty regarding the effectiveness of these programs.

g. Limitations Period: We each agree that any Claims must be brought within two (2) years of their accrual notwithstanding any otherwise applicable statute of limitations.

16. TERMINATION -

a. Termination: Unless you have entered into a Minimum Term Agreement and unless prohibited by Applicable Law, either you or Cox may terminate this Agreement at any time without cause by providing the other party with no less than twenty-four (24) hours written notice of such termination. Cox may also terminate Service without notice to you if you fail to pay for Service or otherwise breach this Agreement, if you violate the law or Cox policies, or if you misuse the Services or Cox Equipment. You may terminate any particular Service and this Agreement will remain in effect for any Services or Cox Equipment you continue to subscribe to, use, pay for or retain. In the event of termination by you, you must notify Cox as instructed in Section 17(d). In the event of termination by Cox, Cox may notify you of such termination by electronic or other means.

b. Minimum Term Agreements: If you have entered into a Minimum Term Agreement with Cox, termination of Service will be controlled by the terms and conditions of your Minimum Term Agreement and may include an early termination fee.

c. Customer Obligations Upon Termination: You expressly agree that upon termination of this Agreement: (i) You will either return Cox Equipment to Cox or permit Cox to access your Premises at a reasonable time to remove any Cox Equipment and other material provided by Cox; (ii) You will ensure the immediate return to Cox of any Cox Equipment in good condition without any encumbrances, except for ordinary wear and tear or you agree to pay Cox's reasonable estimates of the repair, replacement and/or incidental costs that Cox incurs as set forth in this Agreement; (iii) You will return or destroy all copies of any Licensed Software provided to you pursuant to this Agreement; (iv) You are responsible for storing or retrieving any emails, voice mail messages, and material stored in Cox's online backup service, or other information you wish to retain after termination of the Service; (v) You will cease use of any Services terminated; (vi) Cox is authorized to delete any files, programs, data and email messages associated with any terminated account.

d. Proration of Charges Upon Termination: If Services are terminated charges will accrue through the date that Cox fully processes the termination. You agree to pay Cox on a pro-rated basis for any use by you of any Cox Equipment or Services for a part of a month. You must pay all outstanding charges, including payment of any bills that remain due. You must reimburse us for any reasonable costs we incur; including attorneys' fees, to collect charges owed to us. If you want us to renew the Services after termination, we may require that you pay a deposit. For some Services, Cox may require a minimum thirty (30) day charge regardless of the activation or cancellation date.

e. Refunds Upon Termination: If you terminate Service, Cox will refund the prorated unused portion of any fees and charges you have paid in advance. If the pro-rata unused portion is less than $5.00 Cox will make the refund on your request.

17. MISCELLANEOUS -

a. Assignment: Except as described in this Agreement, you may not assign or transfer any part of this Agreement or the Service(s), Cox Equipment or Licensed Software (including transfer to any other occupant of the Premises or to any other location) without the prior written consent of Cox. Cox may assign all or part of this Agreement without notice to you and without your consent.

b. Force Majeure: Cox will not be liable for any delay, interruption of Service, failure of performance of Cox or Customer Equipment, or any loss, liability or damage directly or indirectly caused by circumstances beyond our control, including but not limited to acts of God, flood, explosion or other catastrophes, causes attributable to you, Your Equipment or your property, acts of third parties, national emergencies, acts of terrorism, insurrections, riots, wars, unavailability of rights-of-way, loss of use of poles or other utility facilities, material shortages, power outages or reductions, failure of any cable signal at the transmitter, failure of a satellite, strikes, lockouts, or work stoppages, or any law, order, regulation, or request of the federal, state or local governments having jurisdiction over Cox. The use and restoration of Services in emergencies will in all cases be subject to the priority system specified by federal regulations.

c. Governing Law: This Agreement will be governed by the laws of the state in which you receive the Services and applicable federal law.

d. Notices: When this Agreement requires notice from you to Cox, you agree to provide us with written notice to the address specified on your bill or as instructed on the Website or by calling us. Notice by calling us will be effective as of the date our records show that we received your call. Notices to you shall be provided as stated in Section 1(f) above.

e. Severability: In the event that any portion of this Agreement is held to be unenforceable in a jurisdiction, the unenforceable portion will be construed in accordance with Applicable Law in that particular jurisdiction as nearly as possible to reflect the original intentions of the parties and the remainder of this Agreement will remain in full force and effect.

f. Surviving Obligations: Certain provisions will survive the termination of this Agreement including Arbitration, Indemnification by Customer, Disclaimer of Warranties, Limitation of Liability, Payment Obligations and all other provisions which by their nature would be expected to survive.

g. Waiver and Strict Performance: Cox's failure to require your strict performance of any term of this Agreement will not be a waiver of Cox's right to require strict performance of any term or condition herein.

h. How to Contact Us: For any questions regarding this Agreement, billing, your Services, technical support or other, please contact Cox by phone at the number shown on your bill, by U.S. Mail to the address shown on your bill, or by visiting the Website and obtaining the contact information located under "Contact Us."

COX VIDEO SERVICE ADDENDUM TO THE RESIDENTIAL CUSTOMER SERVICE AGREEMENT

This Cox Video Service Addendum ("Video Addendum") is made a part of and incorporated into the Residential Customer Service Agreement between Cox and those Customers who receive the Cox Video Service. In the event of any conflict between the provisions of this Video Addendum and the provisions of the Agreement, the provisions of this Video Addendum shall control. All capitalized terms not otherwise defined herein will have the same meaning as set forth in the Agreement.

Programming

COX INTERNET SERVICE ADDENDUM TO THE RESIDENTIAL CUSTOMER SERVICE AGREEMENT

This Cox Internet Service Addendum ("Internet Addendum") is made a part of and incorporated into the Residential Customer Service Agreement between Cox and those Customers who receive Cox Internet Service. In the event of any conflict between the provisions of this Internet Addendum and the provisions of the Agreement, the provisions of this Internet Addendum shall control. All capitalized terms not otherwise defined herein will have the same meaning as set forth in the Agreement.

Acceptable Use

COX PHONE SERVICE ADDENDUM TO THE RESIDENTIAL CUSTOMER SERVICE AGREEMENT

This Cox Phone Service Addendum ("Phone Addendum") is made a part of and incorporated into the Residential Customer Service Agreement between Cox and those Customers who receive Cox Phone Service. In the event of any conflict between the provisions of this Phone Addendum and the provisions of the Agreement, the provisions of this Phone Addendum shall control with respect to Cox Phone Service. All capitalized terms not otherwise defined herein will have the same meaning as set forth in the Agreement..

Additional Terms: If you receive Cox Local Telephone Service you will be bound by any applicable tariff, state Telephone Service Guide or telephone price sheet located on Cox's website at www.cox.com/phonetariffs and/or on file with the applicable State telephone and/or federal regulatory authority. The terms of any such tariff or state Telephone Service Guide will supersede the terms of this Agreement in the event of a conflict relating to Cox Phone Services. If you download Cox applications to your wireless device(s) that permit you to access certain calling and other features of Cox Phone Service using a broadband connection ("Mobility Applications"), you will be bound by additional terms and conditions that will be provided separately at the time you download and/or use them. Mobility Applications do not provide the same access to 911 services as your Cox Phone Service. International Long Distance calling is not enabled on Mobility Applications. If you use Cox Phone Service features to access third party services, such as services designed to block robot calls, you may be asked by the third party to consent to separate terms and conditions governing your use of its service.
Rounding Up Charges for Voice Usage: Any calls you make or receive using your Cox Phone Services are rated on full minutes of use and minutes are rounded up to the nearest whole minute. For example, a call that lasts for 5 minutes will be billed for 5 minutes of usage, and a call that last for 5 minutes and 1 second will be billed for 6 minutes of usage.
Phone Number Portability: When we assign a phone number to you, you will not have any rights to it, other than your right to port your phone number to another carrier who will accept that number and consistent with applicable regulations. You may authorize another carrier to transfer your number from Cox to that carrier. By porting your number, you are terminating all Cox Phone Services, features and applications that Cox provides to you associated with that telephone number; however, you will be responsible for all charges that you incur prior to this deactivation, for any applicable Early Termination Fee, and charges that apply to any Cox Phone Services, features or applications associated with other telephone numbers that have not been ported. The telephone numbers utilized for Cox Phone Service are assigned in accordance with applicable federal and state numbering rules. Therefore, Cox cannot accommodate the assignment of a telephone number outside of the telephone rate center to which that number is appropriately assigned.

a. Availability: Cox Phone Service, including access to 911 service, will not be available during a power outage without a backup battery or if the modem is moved or inoperable. If you have a home alarm system or home health monitoring system that relies on your telephone line to operate, you will lose access to the service during a power outage unless you have a backup battery. If Cox does not provide a modem or backup battery power for Services utilizing a telephone modem, you may provide it and assume all responsibility for its maintenance. Cox uses your Cox Phone Service address to allow emergency responders to identify your location for 911 Service.

b. Location Information: In order for your 911 calls to be properly directed to emergency services, Cox must have your correct Premises address. If you move Cox Phone Service(s) to a different address without Cox's approval, 911 calls may be directed to the wrong emergency authority, may transmit the wrong address, and/or the wireline Cox Phone Services (including 911) may fail altogether. Therefore, you must call Cox Customer Care at the number listed on your bill statement before you move your wireline Cox Phone Service to a new address. Cox will need several business days to update your Premises address in the 911 system so that your 911 calls can be properly directed. All changes in service address require Cox's prior approval. To ensure that 911 dispatch receives your correct address, the telephone modem should not be moved, even inside your home. You must notify Cox in advance if you would like to move or relocate your Cox Phone Service.

c. 911 Functionality and Limitations: Calls, including calls to 911, may not be completed if there is a problem with network facilities, including network congestion, network/equipment/power failure, or another technical problem. You understand and acknowledge that all Cox Phone Service(s), including 911, will be disabled if your account is suspended or terminated.

d. Suspension and Termination: You understand and acknowledge that all Cox Phone Service, including 911, as well as any online features, where we make these features available, will be disabled if your account is suspended or terminated. If your account is in Soft Disconnection status, you will be prevented from making outbound calls, except to 911 and Cox Customer Care as more fully explained in Section 3(b)(4) of the Agreement.

e. LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU ACKNOWLEDGE AND AGREE THAT NEITHER COX NOR ANY OF THE COX RELATED PARTIES WILL BE LIABILE FOR ANY SERVICE OUTAGE, INABILITY TO DIAL 911 USING THE SERVICE(S), AND/OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COX AND ITS AFFILIATES, SUPPLIERS AND AGENTS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES) INCURRED BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THESE SERVICE(S) ARISING FROM OR RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE(S), INCLUDING THOSE RELATED TO 911.