This following are policies (“these Policies”) for use of the Mediacom OnlineSM Internet access service that is provided, through cable modems, to cable television system subscribers. We use the term the “Service” to refer to that service, together with all related or ancillary Websites and services, if any, as periodically configured or constituted. The term “Mediacom,” “we,” “our” or “us” refers to any company that is controlled by Mediacom Communications Corporation, a Delaware corporation, and through which you access the Service. The term “you” refers to any person or entity using the Service.

The Internet is a tremendous resource that is used responsibly by millions of people every day. Unfortunately, it is sometimes abused. These Policies are intended to protect Mediacom and its customers and the Internet community at large from irresponsible or, in some cases, illegal activities. These Policies provide guidelines and are not meant to be exhaustive. Mediacom reserves the right to prohibit or take action to stop or prevent activities that harm or may harm the Service or Mediacom or its commercial reputation and goodwill.

Violation of these Policies by you may result in suspension or termination of your access to the Service or your Service account and other consequences as detailed under the caption “Consequences if You Violate These Policies” below.

These Policies apply to all users of the Service or any of its components. They supplement, but do not supersede, the written or online Customer and User Agreements or other contracts that customers or users have for the Service. If you are not yourself a subscriber to the Service, but use it through the account of a subscriber, then that subscriber’s Customer and User Agreement also applies to you. That means, among other things, that Service users must comply with both these Policies and all restrictions on or terms of usage of the Service in the applicable Customer and User Agreements or other contracts. You should read these Policies together with the applicable Customer and User Agreement.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP USE OF THE SERVICE.

Normally, we do not actively monitor use of the Service or exercise editorial control over the content of any e-mail transmissions or other material created or accessible through the Service. In addition, we do not have control over the behavior of our customers or other third parties. Accordingly, by publishing these Policies, we do not promise you that all of our customers will abide by them. As discussed further below, you should take precautions to protect against unauthorized access to your computer and files, the introduction of viruses and access by your children to pornography or other content you think is inappropriate.

You Must Comply With Law and Respect the Property and Rights of Others.

In using the Service, you must comply with all applicable federal, state, local and international laws, regulations and other governmental requirements. You may not use the Service to directly or indirectly:

· Violate any such law, regulation or requirement.
· Misappropriate the funds, property or data of any person.
· Violate the copyrights, trademarks, trade secrets, patents or other property rights of any person, including, but not limited to, by downloading, using or distributing any music or other audio files, video, photographs or other visual material or any article, publication or other content without the permission of the owner.
http://www.copyright.gov
· Defraud, slander or defame any person.
· Violate any person’s privacy rights or use any person’s name, image or likeness in violation of that person’s so-called “publicity rights” or other legally protected rights.
· Threaten, harass or intimidate any person or create any nuisance.
· Violate any other legal rights of any person.
· Export software or information in violation of U.S. export control laws.
· Attempt or help another person to do any of the foregoing, whether or not successful.

For example, prohibited activities include but are not limited to:

· Transmitting, receiving or storing child pornography or any other illegal material.
· Intentionally spreading any computer virus or other harmful software or programming.
· Conducting or participating in illegal gambling or lotteries.
· Running a “pyramid” scheme, committing other fraud or engaging in other deceptive acts or practices.
· Theft or unauthorized use of funds, property or credit card or other personal information.

You should be aware that many or most .mp3 files found on the Internet today are pirated copies of copyrighted music, and the use or distribution of such pirated .mp3 files is a violation of these Polices and copyright law.

You May Not Violate the Security of Others

You may not directly or indirectly gain or attempt to gain access to our or any other person's network, system, computer, software or data without the knowledge and consent of us or such other person (as the case may be). Examples of prohibited activities include hacking, cracking into, monitoring or using networks, systems or Internet resources without authorization, accessing data not intended for you, logging into or making use of a server or account you are not authorized to access, probing the security of other networks or systems and scanning ports.

Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is also prohibited.

The Service May Not Be Used to Access or Disseminate Offensive or Inappropriate Materials

The Service may not be used directly or indirectly to access, download, store, post, transmit or disseminate any information or material that is offensive, threatening, seditious, hateful, pornographic, indecent, obscene, sexually explicit or profane; that violates law or encourages or aids and abets illegal conduct; or that is otherwise unacceptable or inappropriate in Mediacom’s sole discretion.

Do Not Use the Service for Spam or Other Unsolicited E-Mails

You may not directly or indirectly use the Service to send mass or other duplicative unsolicited e-mail messages (commercial or other), to send messages or materials to any person who has requested that you do not send messages to him, her or it or to send or transmit any other unsolicited e-mail or material that provokes or, in Mediacom’s opinion, is likely to provoke complaints. This prohibition includes, but is not limited to:

· “Spamming,” as that term from time to time is generally understood within the Internet service provider industry.

· Sending unsolicited e-mails offering products or services, investment opportunities, charity requests, petitions for signatures, chain-mail or other solicitations.

This prohibition also includes, but is not limited to, conduct that directly or indirectly encourages, permits, or relies on spamming or other duplicative unsolicited e-mail. Examples include using the Service to collect the responses from unsolicited e-mail (for example, through a Website advertised with spam) or providing spam "support services" such as e-mail dropboxes or sales of spamware.

The Service may not be used for unsolicited e-mail, even if not prohibited by these Policies, unless the message accurately identifies the sender, includes the sender’s return e-mail address and the e-mail address of origin and states a clear and easy means for recipients to elect to be excluded from receiving additional e-mail from the originator.

A message is unsolicited if sent to a recipient who has not requested or invited the message or has asked that messages not be sent to such recipient. Mediacom reserves the right to decide, in its sole discretion, whether a message is unsolicited. A complaint by the recipient is presumptive evidence that the message was unsolicited.

You also may not use the Service to collect or to collect or receive responses from unsolicited e-mail messages, even if such e-mail was sent from accounts on other Internet service providers or e-mail services, that violate the terms of these Policies or the terms of use or policies of the other Internet service provider or e-mail service used to send those messages. In addition, you are prohibited from harvesting other e-mail addresses or personal information of other persons.

Release of Viruses, Denial of Service Attacks or Other Interference with Usage by Others are Prohibited

You may not directly or indirectly restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the Service or the Internet or attempt to do so. Among other things, this means you must not:

· Intentionally release any virus, worm or other harmful programming or item.

· Engage in any form of "denial of service” attack, as from time to time is generally understood within the Internet service provider industry, including, but not limited to, flooding of a network, overloading a service, attempting to "crash" a host or “mail bombing” (i.e., sending large volumes of e-mail with the apparent intent of denying another Internet user service).

Misrepresentation or Theft of Identity

You may not mislead anyone as to your identity, including, without limitation, by pretending to be someone else, by falsifying postal, email or IP address information or modifying headers to conceal your true identity. This policy is not intended to disallow the use of screen-names, aliases or anonymous remailers for any legitimate purpose.

In addition, you may not engage in so-called “identity theft,” which occurs when another person uses someone else’s name, password, IP address or other personal information to take on that person’s identity for fraudulent or other unauthorized purposes.


Newsgroups, Bulletin Boards and Other Forums

You are responsible for reviewing the charters, policies or FAQs of newsgroups, bulletin boards or other forums you use and for complying with their terms. Without limiting that requirement, you may not post advertisements, solicitations or other commercial messages unless expressly permitted by the charter, policies or FAQs.

Posting or cross-posting the same or substantially similar messages to more than five newsgroups is prohibited. Binary files may not be posted to newsgroups not specifically named for that purpose. Users posting binary files to newsgroups with policies concerning the permissible daily volume of posted files are required to observe those limitations.

Attempting to circumvent the approval process for posting to a moderated or restricted newsgroup, bulletin board or other forum is prohibited. This includes misrepresenting your identity or information about you or forging, altering or removing header information, but this does not prevent your from using a screen-name if permitted by the rules for the newsgroup, board or forum. You may not use the Service to connect to any newsgroup, bulletin board or other forum from which you have previously been banned.

You may not attempt to "flood" or disrupt the normal functioning of any newsgroup, bulletin board or other forum, such as by posting a large number of messages that contain no substantive content or duplicative content.

Internet “Chat”

The Service will enable you to participate in online "chat" discussions. These discussions may be hosted by Mediacom servers, by third party servers or may not involve any servers at all.

The Service may not be used to perform chat "flooding" or other abusive practices. “Flooding” is deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text.

Any computer or other device connected through the Service may not maintain more than two simultaneous chat connections. This includes the use of automated programs, such as "bots" or "clones." Automated programs may not be used when the account holder is not physically present at the device.

The Service may not be used to access any chat server or resource in violation of the acceptable use policy for that server or resource. The Service may not be used to manipulate any chat server or resource in order to harass or disconnect other Internet users, or to gain privileges that have not been authorized.

A customer may not use the Service to connect to chat servers or resources from which he or she has been previously banned. You may not misrepresent your identity, but this does not prevent you from using a screen-name if consistent with the rules governing use of the chat resource.

The Service may not be used to continue to send chat messages to an Internet user who has indicated his or her desire to not receive such messages.

You Must Comply With the Rules of Websites and Other Resources You Access
Through the Service, you may have access to search engines, subscription services, newsgroups, chat areas, bulletin boards, Web pages and other resources that publish terms of use, polices, rules, guidelines or agreements to govern their use. You must review and adhere to any such terms, policies, rules, guidelines and agreements, which may include standards unique for the particular resource. In addition, the use of any software or content in connection with or through the Service must be in accordance with any applicable license agreements or terms of use.

You are Responsible for Violations by All Persons Using Your Account

If you are a subscriber to the Service, you are responsible for any misuse of the Service by anyone using it through your account, even if a friend, family member, guest, employee or other person committed the inappropriate activity with access to your account. A violation of these Policies by someone using the Service through you or your account will be considered a violation by you, whether or not with your knowledge or consent.

The resale or distribution of the Service or any part of it is not permitted, unless expressly permitted in a written agreement with Mediacom. In addition, you must comply with any restrictions on the persons you may permit to use the Service that are contained in your Customer and User Agreement or otherwise apply.

You May Not Use Our Name or the Names of Our Licensors or Suppliers

You must not use any of the corporate or business names, logos or trade or service names or marks of Mediacom or any of is affiliates, licensors, contractors or suppliers unless and to the extent you are expressly and specifically authorized to do so by a written agreement with us or the owner of such name, logo or mark.

Mediacom’s Right to Monitor Content and to Limit Access to Certain Websites or Other Resources

Mediacom has no obligation to monitor or control postings, messages or transmissions made or accessed or received using the Service and expressly disclaims any responsibility for any offense or injury arising out of your or others’ access to or dissemination of any content posted or transmitted. The applicable Customer and User Agreement for the Service, however, provides that, to the maximum extent permitted by applicable law, Mediacom reserves the right, without notice to you, to monitor content and transmissions electronically from time to time, including email, newsgroups, chat boards and Webspace content and, subject to certain conditions, to disclose any information it learns as a result to governmental authorities or other third parties. You should consult the terms of the applicable Customer and User Agreement for a more complete statement of these rights.

To the maximum extent permitted by applicable law, Mediacom also reserves the right, without notice to you, to:

· Refuse to permit you or other users of your account to post, transmit or store messages or material that we deem unacceptable, undesirable, offensive or in violation of your Customer and User Agreement, these Policies, other requirements applicable to the Service, law or third-party rights.

· Use content “spiders” or other technology that accesses your postings, messages, computer or data files to search for or detect such messages or material.

· Block, filter or remove any such messages or material.

· Block or discontinue access to any newsgroup, bulletin board, forum, Website or other resource that would otherwise be accessible through the Service or the Internet.

The specification in these Policies of these Mediacom rights is intended solely to confirm that you agree that Mediacom may take any of the actions stated without violating your rights and without incurring any liability to you as a result of any such action we take or its consequences. The fact that we reserve these rights does not mean that Mediacom has, and we disclaim, any control over or responsibility or liability for your postings, messages, content, actions or omissions or those of any other user of your account, any other Mediacom customer, any operator of any Website or Internet resource or any other third party. The fact that we reserve these rights with respect to you or other Service users does not create any obligation to exercise them, nor does any exercise of any such right in any one or more instances create any obligation to exercise them in similar or other instances. Without limiting the generality of the foregoing, We disclaim any obligation or liability to Customer or any User because we have or may have any rights similar to those stated under this caption with respect to any other subscriber to or user of the Service or if we fail to exercise any such right.

Consequences if You Violate These Policies

You are contractually obligated to abide by these Policies when using the Service and, if you are a subscriber to the Service, to ensure that others individuals who use the Service through your account likewise comply.

Any violation of any of these Policies may result in a demand for immediate removal of offending material, temporary or permanent filtering, blocked access, suspension or termination of all or part of the Service, or other action appropriate to the violation, as determined by Mediacom in its sole discretion. When appropriate in Mediacom’s sole judgment, it is Mediacom’s preference to give notice so that violations may be addressed voluntarily; however, Mediacom reserves the right and the sole discretion to act without notice. Mediacom may involve, and cooperate with, law enforcement if criminal or other illegal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law.

Neither Mediacom nor any of its affiliates, licensors, contractors or suppliers shall have any liability for any such responsive actions.

Mediacom is not responsible for the forwarding of e-mail sent to any account that has been suspended or terminated. Such e-mail will be returned to sender, ignored, deleted, or stored temporarily at Mediacom’s sole discretion.

If you or any person using the Service through your account violates these Policies, the foregoing shall not in any way limit Mediacom’s rights or remedies under law, your applicable Customer and User Agreement or otherwise available. In addition, you agree to reimburse and indemnify Mediacom and its affiliates, employees, licensors, contractors suppliers and agents for all claims, suits, proceedings, investigations, liabilities, damages, judgments, costs and expenses, including reasonable attorneys’ fees, that directly or indirectly resulting from, arising out of or related to any such violation.

How You Can Report Suspected Violations

Any complaints regarding violations of this Policy by any Mediacom customer should be directed to your local Mediacom cable system at the address and telephone number stated on your bills for the Service. Where possible, include details that would assist Mediacom in investigating and resolving the complaint (i.e., expanded headers and a copy of the offending transmission).

You are Responsible for the Security of Your Computers and Data, to Take Measures to Protect Against Viruses and to Limit Access by Children to Inappropriate Content

Users of the Service are responsible for maintaining the basic security of their computers, systems, software and data to prevent their unauthorized use or access by others and for taking corrective actions on vulnerable or exploited computers, systems, software or data to prevent continued abuse. Mediacom is not obligated to provide any type of security, anti-virus, parental control, blocking, filtering or other protective technology, either hardware or software. If Mediacom, in its sole discretion, does elect to make any such technology available, it will not be responsible or liable if it fails to be effective.
Mediacom recommends employing security measures to prevent or minimize unauthorized use of or access to your computer or data, including (a) altering your user password frequently, and in any case, every three months; (b) employing a "firewall" -- software that screens your system from certain files; (c) disabling file or printer sharing of any sort; and (d) password protecting any particularly sensitive files or applications on your computer. Mediacom, however, is not responsible or liable if these measures do not prove to be adequate to prevent unauthorized use or access.
Software, email or other electronic messages or other content or material opened, downloaded or otherwise received through or by means of the Service may contain viruses and it is your sole responsibility to take appropriate precautions to protect against damage to your computer, software, files and data. Mediacom shall have no liability whatsoever for any damage to or loss or destruction of any software, files or data resulting from any virus, bomb, worm or other harmful item. We recommend that you obtain and use reliable commercially available antivirus software; however, Mediacom does not warrant the effectiveness of any such software.
You assume all risk of accessing content through the Service. Mediacom and its affiliates, licensors, contractors and suppliers do not assume any responsibility for the content contained on the Internet or otherwise available through the Service and they shall not have any liability for any claims relating to access to such content. Content questions or complaints should be addressed to the content provider.
Software programs claiming to be capable of restricting access to sexually explicit material on the Internet are commercially available. Mediacom, however, makes no representation or warranty about their effectiveness and it is your obligation to determine if they meet your needs.
Content You Publish

You are solely responsible for any content that you publish or distribute on the Web or otherwise through the Service. You must, for example, take appropriate precautions to prevent minors from receiving inappropriate content. By using the Service to reproduce, publish, display, transmit and distribute content, you shall warrant that the content complies with these Policies and authorize Mediacom and its distribution service providers or other contractors to reproduce, publish, display, transmit, store and distribute such content as necessary for the provision or otherwise in connection with the Service and to identify you as the author or source of such content.

Bandwidth, Data Storage and Other Limitations
You must comply with the bandwidth usage, data storage and other limitations on the Service that are in effect from time to time. If your usage exceeds these limitations, Mediacom may, at its sole discretion, charge you for the excess usage, reduce transmission speed or other Service parameters, limit, suspend or terminate the Service or take other actions.
Users must ensure that their activities do not improperly restrict, inhibit, or degrade any other user's use of the Service, nor represent (in the sole judgment of Mediacom) an unusually large burden on the Service as a whole. In addition, users must ensure that their activities do not improperly restrict, inhibit, disrupt, degrade or impede Mediacom’s ability to deliver, manage and administer the Service.

You may not resell, share, or otherwise distribute the Service or any part of it to any third party. For example, you cannot use the Service to provide Internet access to others through a dial-up connection, host shell accounts over the Internet, provide e-mail or news service or send a news feed.

You may not run a router or server in connection with the Service unless (and then only to the extent) expressly permitted by the terms applicable to your specific version of the Service, nor may you provide network services to others via the Service. Examples of prohibited uses include, but are not limited to, running servers for mail, http, ftp, irc, and dhcp, and multi-user interactive forums.

These Policies are Also for the Benefit of Certain Third Parties

In providing the Service, Mediacom may use the services, equipment and infrastructure and content of affiliates, software licensors, network “backbone” providers, and other contractors, suppliers and third parties. Each such person is expressly made a third party beneficiary of these Policies and the disclaimers, exclusions and limitations of warranties and liabilities, and Your indemnification obligations, stated in these Policies and in your applicable Customer and User Agreement. This means that each is entitled to directly assert and enforce against you these Policies and those disclaimers, exclusions, limitations and obligations in its, his or her own name and right. Otherwise, there are no third party beneficiaries of these Policies.

Revisions to These Policies

Mediacom may, as provided in your applicable Customer and User Agreement, at any time and from time to time modify, supplement, replace or otherwise change these Policies, in whole or in part, effective when posted here or another public Web site that Mediacom has notified you may be used for that purpose. Notice may also be provided via electronic mail, regular mail or other appropriate method.

Accordingly, you should consult this document regularly to ensure that your activities conform to the most recent version. In the event of a conflict between the express terms of your applicable Customer and User Agreement or other subscriber agreement and the express terms of these Policies, the terms of these Policies shall govern.

Certain Principles of Interpretation

If any example is given (through the use of the words “such as,” “for example,” “e.g.” or otherwise) of the meaning, intent or operation of such provision, such example is intended to be illustrative only and not exclusive or limiting. Unless the context otherwise unambiguously requires, the word "or" means "and/or." The term "person" is to be broadly construed and includes any natural person or any corporation, trust, association, limited liability company, partnership, joint venture or other entity. The headings used in these Policies shall not affect in any way their meaning or interpretation.

No Waiver

The failure of Mediacom to enforce these Policies, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.


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Questions regarding these Policies can be directed by you or, if you are not a subscriber to the Service, by the subscriber whose account you use to access the Service to the appropriate local Mediacom cable system at the address and telephone number appearing on the bills for the Service.