|Privacy Notice & Subscriber Policies|
|Why Is Mediacom Providing This Notice?
Companies controlled by Mediacom Communications Corporation operate cable television systems. Throughout these systems they provide Customers with cable television programming services, Internet access and phone services over our cable facilities. Not all services may be available in your local cable system.
The Cable Communications Policy Act of 1984, as amended, (which we refer to as "the Cable Act") contains restrictions on the disclosure and use by cable operators of personally identifiable information about subscribers to cable television or certain other services. Other federal law may also apply to some services, including the Electronic Communications Privacy Act of 1986, as amended, (called "the ECPA" in this notice) and section 702 of the Federal Telecommunications Act of 1996, as amended, ("Telecommunications Act"). This notice informs subscribers of our policies regarding personally identifiable information and other private information we obtain in the course of providing our services that are subject to the privacy provisions of the Cable Act or the Telecommunications Act.
Those services currently consist of our cable television service, our Mediacom Online® Internet access service and Mediacom Phone® digital telephone service. Not all of these services may be available in your local cable system. Our policies are intended to conform to the requirements of the Cable Act, the Telecommunications Act and any other applicable law. The terms "Mediacom," "we," "our" or "us" refer to any company that is controlled by Mediacom Communications Corporation, a Delaware corporation and through which you subscribe to any cable or other service covered by the privacy provisions of the applicable laws or regulations.
This notice tells you our policies regarding:
As the term suggests, information is "personally identifiable" if it can be used to identify or contact an individual, such as his or her name and address or telephone number. It can also include other information such as data about an individual's activities or transactional history of that individual when such other information is actually linked to personally identifiable information.
Information related to phone service, such as information about the quantity, type, destination, location and amount for use of phone services, when matched to personally identifiable information such as your name, address and telephone number, is known as Customer Proprietary Network Information or CPNI. If you are a customer of our phone service, you have the right and Mediacom has the obligation to protect the confidentiality of CPNI in accordance with applicable law.
Information that does not permit an individual to be identified or contacted is not "personally identifiable information" and is also not considered to be "CPNI." Among other things, this means that if we separate data about your activities from your name or other data that is personally identifiable, then that data is not "personally identifiable information." For example, we might compile data we have about our Mediacom Online® customers into aggregate or other anonymous forms, such as the monthly average number of customers who use the service to visit travel-related websites.
Some of our services, including Mediacom Online® Internet access service, interactive cable television programming and phone services, may allow you to interact with companies and individuals that are independent of Mediacom. By using those services, you may enable these companies or individuals to independently learn personally identifiable information about you. The policies in this notice do not apply to personally identifiable information that you provide to any of these third parties or that they collect independently of us. These third parties may have their own privacy policies, but Mediacom is not responsible or liable for the contents of such policies, disclosure of such policies or failure to follow those policies.
Types of Personally Identifiable Information We Collect
We collect personally identifiable information about you with your prior written or electronic consent or when necessary to obtain information in order to render a service you receive or to detect unauthorized reception of cable communications. This personally identifiable information may include, but is not necessarily limited to, the following:
These can become personally identifiable information when directly linked to other information, such as a name.
Also, depending on the services we provide, we may collect other information, such as:
CPNI We Collect
With respect to phone service, personally identifiable information, when combined with certain type of usage information, is considered CPNI. Examples of such information, typically available from phone-related details on your monthly bill, include items such as:
We collect CPNI for the purpose of our provision to you of the phone services from which this information is derived; or services necessary to, or used in, the provision of these services, including the publication of directories. The Telecommunications Act prohibits us from using CPNI for any purposes other than those listed above except as permitted or required by law or with your approval.
For What Purpose Would Mediacom Use Personally Identifiable Information?
In general, we use personally identifiable information as necessary to render our services to you, to detect unauthorized reception of cable programming and for tax, legal, accounting and other purposes related to our business of providing our services to Customers, including, but not limited to, the following:
As a necessary incident of providing certain services such as Mediacom Online® Internet access service, transactional video products such as pay-per-view or video on demand, any video service that uses a set-top box, or Mediacom Phone® digital phone service, our computer systems automatically capture and store information that may include, but is not limited to, your viewing selection, including date and time; the websites you visit; the dates, times and length of your Internet visits or telephone calls; the Internet or
e-mail addresses or telephone numbers that you communicate with; and the text of e-mail or other electronic communications you send or receive using our Internet access service. Any personally identifiable information that may be derived from these logs is subject to the policies described in this Notice and to our obligations under the ECPA and other applicable law.
Disclosure of Personally Identifiable Information by Mediacom
We may make certain disclosures to third parties of personally identifiable information about you. Disclosures to governmental entities as required by law or a subpoena or legal process are discussed below under the caption "Disclosure to Governmental Agencies or Otherwise Required by Law or Legal Process." Under this caption, we address disclosure under other circumstances.
We may disclose personally identifiable information about you with your prior written or electronic consent. As permitted by the Cable Act, Mediacom from time to time may disclose, without such consent, personally identifiable information about you if necessary to render, or conduct a legitimate business activity related to a cable service or other service provided to you. The kinds of persons or entities to which we may make such disclosures include, but are not necessarily limited to, the following:
• Persons or entities that control, are controlled by or under common control with Mediacom.
• Independent third party contractors with whom Mediacom has an ongoing business relationship to provide components of the services we provide to customers.
• Billing services, collection agencies and credit agencies.
• Installation contractors and subcontractors.
• Sales representatives used to market our services.
• Accountants, lawyers, consultants and other professionals we or our affiliated companies use in our businesses.
• Cable programming or content suppliers and program guide distributors.
In addition, Mediacom or its affiliates may need to disclose such information in connection with an actual or potential direct or indirect transfer of ownership or interest in all or part of the business we conduct to the potential or actual purchaser, investor or other party and its respective attorneys, accountants and advisors. This kind of transaction could take the form of a merger, sale of stock or assets, formation of a joint venture, investment or some other structure.
Information we disclose for purposes relating to billing and levels of service usage is generally provided on a monthly basis. Information for other purposes is provided as it is needed.
As permitted by the Cable Act, we may also from time to time disclose lists of our subscribers to third parties for purposes other than those referred to above. Those lists may contain your name and address, so long as we have given you the opportunity to prohibit or limit such disclosure and we do not also reveal, directly or indirectly, the extent of any viewing or other use of the services we provide to you or the nature of any transaction you make using those services. This permits us, among other things, to disclose your name and address to charities, advertisers, direct mail marketers and telemarketers for use in telephone or mail solicitations, market research or other purposes. You have the right to elect not to be included on such a list. If you do not desire to be included on any such list, you may "opt out" by completing the "Mailing List Opt-Out Form" that is included with this notice. [Your election to opt-out of disclosure to non-cable related third parties affects only disclosure under that circumstance and not any other.]
If you use the Mediacom Online® Internet access service or our Phone service to send or receive an e-mail message or other electronic communication, the ECPA permits us to access the content of those
communications. It also permits us to disclose such information to an addressee or intended recipient (or his or her agent); to a person involved in forwarding such information to its destination or when it is necessarily incident to providing service or to protect our rights or property; or to any one with the consent of the subscriber or an addressee or intended recipient (or his or her agent).
Use or Disclosure of CPNI
Except as required by law, we do not disclose this information to third parties. We do use this information to offer you new communications-related services and pricing plans. If you do not want us to use your CPNI for these purposes, please call the customer service number listed on your monthly bill or send us a written notice stating your request to: Mediacom, P.O. Box 4580, Middletown, NY 10941.
If you would like us to offer you information on video or other non-communications services or our bundled offers, please contact us in any of the same ways. Consenting to allow us to use your CPNI will help us to offer you our newest offerings and services. Your consent will remain in effect until you notify us you want to revoke or change it. Any action you take to deny or restrict approval to use your CPNI will not affect our provision, now or in the future, of any service to which you subscribe. You may compel us to disclose CPNI to any person upon your affirmative written consent.
The Telecommunications Act permits us to use, disclose or permit access to CPNI for the following purposes:
We may also disclose your CPNI to the extent authorized or required by law.
Telephone directory listings and caller ID – We offer our Phone customers the ability to designate their listings as non-published within print or electronic directories or directory assistance services. Because of the complexity of this process and the involvement of other entities in publishing, errors may occur from time-to-time. Your name and/or telephone number may also be transmitted and displayed on a Caller ID device unless you have elected to block such information. Please note that Caller ID blocking may not prevent the display of your name and/or telephone number when you dial certain business numbers, 911, 900 numbers or toll free numbers.
Disclosure to Governmental Agencies or Otherwise Required by Law or Legal Process
It is possible that one or more third parties may seek to require us to disclose personally identifiable information about you pursuant to law through a warrant, subpoena or order issued by a court or by other governmental authority or directive or through other legal process. The Cable Act has special rules that apply to these situations. The privacy disclosure rules under the Cable Act may apply if you subscribe to any one of the services offered by Mediacom. Mediacom will disclose personally identifiable information about you when required by law, authority, directive or legal process, after giving effect to the Cable Act's requirements. The Cable Act's requirements differ depending on whether the person or entity seeking the information is a governmental authority or not. If a person or entity that is not a governmental authority seeks personally identifiable information, then the Cable Act permits us to disclose certain information only if there is a court order authorizing or requiring such disclosure and only if we notify you of the order.
If a governmental authority seeks personally identifiable information about you, then the rules are different depending on whether the disclosure is subject to (i) the ECPA, (ii) the federal "pen register/trap and trace" statute (which we refer to as "the Register/Trace Statute") or (iii) other law including the Cable Act. If the governmental authority seeks personally identifiable information about you, the Cable Act authorizes us to disclose it pursuant to the ECAP by a court order or by subpoena for certain limited types of information that includes name, address, telephone number, billing information including payments made and method of payment.
The Cable Act may impose additional conditions on disclosure, depending on the nature of the personally identifiable information being sought. A governmental entity can obtain information about your selection of video programming only by court order and only if the governmental entity demonstrates to the court by clear and convincing evidence that you are reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case against you. As an absolute precondition to such disclosure, you must be given the opportunity to contest in court any claims made in support of the court order sought by the governmental authority.
If the information sought by the governmental entity in a criminal proceeding relates to subscription to a service that is not a "cable service" within the meaning of the Cable Act, such as our Internet access service or a phone service, then these two additional requirements may not apply.
If a governmental authority seeks personally identifiable information about you under the ECPA or the Register/Trace Statute or under the Foreign Intelligence Surveillance Act, the power to disclose varies depending on the nature of the information sought. As noted previously, if the governmental authority wants disclosure of records revealing cable subscriber selection of video programming, then we may disclose it only if authorized or required by a court order and only if the two special requirements stated above are met.
In the case of any other kind of personally identifiable information, the information may be disclosed as permitted by the ECPA or the Register/Trace Statute, and the special requirements of the Cable Act do not have to be satisfied. If the ECPA applies and the government wants us to disclose the content of your e-mails and other electronic communications that we have stored for 180 days or less, then it must obtain a criminal warrant from a court. In the case of such content that we have stored for more than 180 days, the government can require disclosure (i) without prior notice to you if the government obtains a criminal warrant or (ii) with prior notice to you if the government obtains a warrant, subpoena or order from a court, obtains a grand jury or trial subpoena or issues an "administrative subpoena," which is an order to disclose that is issued by the government itself, rather than by a court. Under the ECPA, if the government wants us to disclose your subscriber record information (but not the content of your communications), then it may require us to do so, without prior notice to you or your consent, by obtaining a criminal warrant or a subpoena or order from a court or by issuing an administrative subpoena.
The information that can be required under an administrative subpoena is limited to:
The information that can be required under a warrant, subpoena or other order of a court is not so limited. To obtain such a court order, however, the government must meet certain requirements specified in the ECPA, including presenting facts that show there are reasonable grounds to believe that the information sought is relevant and material to an ongoing criminal investigation.
The Register/Trace Statute authorizes the government to obtain, without notice to you or your consent, a court order requiring us to capture, record and disclose to the government the telephone numbers, e-mail addresses and similar identifiers that you call or send communications to or that call you or send you communications using any Mediacom phone or Internet access service. A federal or state governmental authority may obtain the order upon the certification by the appropriate government lawyer or officer that the information likely to be obtained is relevant to an ongoing criminal investigation.
In addition to the above, if you subscribe to any of our Internet or Phone services, the ECPA permits us to disclose the contents of your e-mail or other communications to a law enforcement agency if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of the information without delay. We may do so without prior notice to you, without your consent and without being required to do so by a warrant, subpoena, court order or law. Examples of situations in which we might make such disclosures are where we reasonably believe that there is an immediate risk of suicide or terrorist activity.
The ECPA provides for other exceptional circumstances under which we may be compelled or permitted to disclose information about you or the content of your communications. For example, the content of your e-mail or other communications may be disclosed to law enforcement agencies if it appears to be evidence of child pornography, or was inadvertently obtained by us and appears to pertain to the commission of a crime.
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 provides that state welfare agencies may obtain from our subscriber lists the addresses of individuals who owe or are owed child support and the names and addresses of their employers. The law says that this information can be obtained through an administrative subpoena issued by a state's welfare agency, without a court order, and does not require that a Customer be given notice of and the opportunity to contest the disclosure.
Sometimes, a copyright owner believes that his or her copyright has been infringed by an Internet user who uses an online service to post, download or otherwise use the copyrighted work without permission. The owner may know some information, such as the user's e-mail or IP address, but may not know the user's true identity. The Digital Millennium Copyright Act provides for a copyright owner to obtain a subpoena seeking disclosure from an online service provider of the identity of a user who is believed to have infringed the copyright. Upon receipt of a subpoena, the online service provider is required to expeditiously identify the alleged infringer. Accordingly, Mediacom will identify the relevant Customer if we are served with such a subpoena.
When customers use our Phone services, we automatically collect certain usage information, including calls that are placed and received and their duration as more fully described in the sections on CPNI above. Nevertheless, we may be required by law to disclose personally identifiable information or CPNI about a subscriber without his or her consent and without notice in order to comply with a valid legal process such as a subpoena, court order or search warrant.
How Does Mediacom Protect Personally Identifiable Information and CPNI?
We follow industry-standard practices to take such actions as are necessary to protect against unauthorized access to personally identifiable information or CPNI. However, we cannot guarantee that
these practices will prevent every unauthorized attempt to access, use or disclose such information.
Time Period During Which We Retain Personally Identifiable Information
Mediacom maintains personally identifiable information about you in our regular business records while you are a subscriber to our cable service or other services. We also maintain this information for a period of time after you are no longer a subscriber if the information is necessary for the purposes for which it was collected or to satisfy legal requirements. These purposes typically include business, legal or tax purposes. If these purposes no longer apply, we will destroy the information according to our internal policies and procedures.
Access to Our Records About You
Under the Cable Act, cable customers have the right to inspect our records that contain personally identifiable information about them and to have a reasonable opportunity to correct any errors in such information. If you wish to exercise this right, please notify us at the local Mediacom office specified on your bill and we will contact you to arrange a mutually convenient time during our regular business hours.
If you make an affirmative, written request for a copy of your CPNI, we will disclose the relevant information that we have collected to you, or to any person properly designated by you, if we reasonably believe the request is valid. Subscribers to our phone services should be aware that we cannot correct any errors in customer names, addresses or telephone numbers appearing in, or omitted from, our or our vendors' directory lists until the next scheduled publication of those directory lists. Further, we may have no control over information appearing in the directory lists or directory assistance services of directory publishers or directory assistance providers which are not owned by us or our subsidiaries.
Your Rights Under the Cable Act
The Cable Act provides you with a cause of action for damages, attorneys' fees and costs in Federal District Court if we violate the Cable Act's limitations on the collection, disclosure and retention of personally identifiable information about you. The subscriber, Customer or other service agreement applicable to you may provide that, to the extent permitted by law, any claims that you have under the Cable Act will be decided in arbitration and attorneys' fees and punitive damages will not be available.
Contact Your Local Mediacom Office If You Have Questions
If you have any questions about our policies described in this notice, please contact your local Mediacom office at the address and telephone number listed on your bill (or, if you have not yet been billed, on the service order you signed to subscribe to the service).
MAILING LIST OPT-OUT FORM
Mediacom Account No.: _______________________________
Phone Number: _____________________________________
(To ensure we are able to process your request, please fill in all information accurately and completely, sign this form and return it to your local Mediacom office at the address listed on your bill (or, if you have not yet been billed, on the service order you signed to subscribe to the service). Please DO NOT mail with your bill. If you change your mind and want to include your name and address on mailing lists we provide to other businesses, please contact your local Mediacom office. Thank you.)
Ownership of Equipment. "Equipment" includes all Equipment installed in or on Customer's premises by Mediacom including, without limitation, converter, wiring, decoders, terminal, channel selectors, remote controls, cable modems, and multimedia terminal adapters. The Equipment shall remain the sole and exclusive property of Mediacom, unless otherwise specified in writing by Mediacom or as provided by the FCC's inside wiring regulations. Damaged, Lost or Stolen. Customer is responsible for the safekeeping of all Equipment placed in or on Customer's premises. In the event that the Equipment is destroyed, damaged, lost or stolen while in Customer's possession, Customer shall be liable for the cost of repair or replacement of the Equipment.
Access on Premises. Mediacom may enter into, upon and over Customer's premises periodically to install, connect, inspect, maintain, repair or alter its outlets and Equipment. To the extent the same is consistent with Customer's ownership of the premises, Customer grants Mediacom a temporary and
permanent easement to construct, install, maintain, and/or replace cable television transmission lines and all other Equipment necessary in connection with the provision of Services.
Customer As Renter. In the event Customer is not the owner of the premises upon which Mediacom outlet and Equipment are to be installed, Customer warrants to Mediacom that he/she has obtained the consent of the owner of the premises for Mediacom to make installation and maintenance contemplated by the Customer. If Customer is not the owner of such premises, Customer agrees to indemnify and hold Mediacom harmless from and against anyclaims of the owner arising out of the provision of Services.
Payment. Customer agrees to pay for all Services provided to Customer including charges for installation, Equipment, Services provided on a per-channel or per-program basis, any other Services provided and all applicable local, state or federal fees, taxes and surcharges. Monthly recurring charges are billed in advance and non-recurring charges are billed in arrears. All charges are due upon receipt of bill or by date specified on the billing statement for each period. Changes in Service and Charges. Customer understands and agrees that from time to time: Mediacom may change or delete its Services, and may change its Service and other charges. Mediacom will give Customer reasonable prior notice of increases or other changes in its charges in conformity with applicable law and any applicable subscriber agreements, tariffs, or terms and conditions which, together with the terms and conditions of the Work Order, form the complete agreement between Customer and Mediacom ("Agreement"). Customer further understands and agrees that, without liability to Mediacom, the content, programs and/or formats of the Services may be discontinued, modified or changed by the owners of such services at any time without prior notice to the Customer. Customer acknowledges that Mediacom cannot control the lawful "blacking out" of certain special events or programs, and Mediacom has no responsibility therefore. Late Charges. Customer understands Mediacom may impose an administrative late fee for each month's charges not paid when due. Other Charges. If Customer pays the bill to a field collection representative, a collection field fee will be charged. If Service is disconnected, Mediacom may impose a reconnect charge and/or security deposit, in addition to any outstanding balance, including late charge, before service is restored. If Customer's check is returned for insufficient funds Mediacom may impose a service charge up to $30.00 subject to applicable law. If Customer has not paid amounts due hereunder within 30 days of the due date therefore, and it is reasonably necessary for Mediacom to use the services of a collection agency and/or attorney to collect said amounts due, the Customer agrees to pay to Mediacom, in addition to other amounts due, all reasonable agency and attorney fees that are incurred by Mediacom, including, without limitation, court costs. If a voluntary or involuntary petition in bankruptcy is filed by or against Customer, Mediacom may require a reasonable security deposit to continue service. Transfer of Account or Change of Residence. Customer may not assign or transfer his/her obligations or rights contemplated by the Agreement without the express written consent of Mediacom. Unless consent is granted, all accounts must be closed and reopened under the name of a new customer for issuance of a new account number. Theft of Service. The receipt of Services without proper payment to Mediacom is a crime. Customer understands that the law prohibits: 1) theft or unauthorized reception of cable programming; 2) assisting theft or unauthorized reception of cable programming (including the manufacturing or sale of equipment intended or such unauthorized use); and 3) willful damage, alteration or destruction of Equipment. Customer can be subject to both civil and criminal penalties for such conduct.
Termination of Services Termination by Customer. A Customer must, subject to applicable law, provide Mediacom with at least 7 days' advance notification to terminate Service. A Customer may initiate Service termination by either
a) notifying Mediacom's business office or a representative thereof, during normal business hours and scheduling a physical disconnection of Service and Equipment recovery, or b) by directly and personally surrendering all rented Equipment to a Mediacom office. Account holders are liable for all Services rendered by Mediacom up to the time the account has been de-activated and for Mediacom Equipment until it is returned.
Upon termination of Services for any reason, Customer's right to possession of Equipment shall likewise cease and terminate. Customer agrees to return all Equipment within 5 days of the disconnect date in the operating condition as when received (reasonable wear and tear excepted) directly to Mediacom or a representative thereof except as may otherwise be required by FCC's inside wiring regulations. If Customer fails to return the Equipment, Customer agrees to pay Mediacom the sum of up to $125.00 for each non-addressable converter, $300.00 for each addressable converter, $500.00 for each digital converter box, up to $85.00 for each remote control unit, up to $139 for each modem, up to $150.00 for any multimedia terminal adapter, and the replacement cost (without deduction for depreciation, wear and tear or physical condition) for any other item of Equipment that is not so returned. In the event that Customer fails or refuses to promptly return the Equipment, Mediacom may enter premises where the Equipment may be located for the purpose of discontinuing Service and/or removing said Equipment. Customer understands and agrees that all unreturned Equipment will be charged to the Customer's credit card or bank account consistent with prior authorization as required by law.
In the event a customer experiences a problem with his/her bill or Service, Customer must call or write Mediacom using the contact information provided on the monthly statement. If the problem has not been resolved to the Customer's satisfaction, he/she may write to: Mediacom ATTN: Customer Service Department 100 Crystal Run Rd Middletown, NY 10941
Mediacom will make every effort to resolve the problem within 10 business days of receipt of the letter.
Maintenance and Repair Policies
Service and Repairs. Mediacom undertakes reasonable efforts to maintain the system and respond to service calls in a timely manner. Mediacom will repair damage to Equipment, or interruption of Service, due to reasonable wear and tear or technical malfunction. Physical damage to Equipment caused by Customer's intentional or negligent misuse is the sole responsibility of Customer who shall pay Mediacom its then current rate for the cost of repair or replacement. Service Interruptions. In the event of complete failure of service for twenty-four (24) consecutive hours or more, Customer is entitled, as its sole and exclusive remedy against Mediacom and subject to law, to a prorated credit upon request. In the event of an outage during a live or special pay-per-view event ordered by Customer, upon request, Customer is entitled as its sole and exclusive remedy against Mediacom to a prorated adjustment of the event fee based upon the number of minutes of the outage. To qualify for an adjustment, Customer must request a credit within thirty (30) days of the failure. Mediacom shall assume no liability for interruption of Service or alterations in programming due to circumstances beyond its control, including without limitation, acts of God, natural disaster, fire, civil disturbance, strike or weather. Except as may be expressly set forth in this Agreement or in applicable law, Customer is not entitled as remedies against Mediacom to any direct, indirect, consequential, compensatory or punitive damages arising from any service interruption. Customer's Equipment. Mediacom shall not have any responsibility for the operation, maintenance or repair of any Customer equipment, including but not limited to televisions, VCRs, audio receivers and other devices. Without limiting the foregoing, Mediacom shall have no liability for lightning damage to any such Customer equipment. Customer shall not connect more than one television and/or stereo receiver to an outlet without notifying Mediacom of the connection.