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I started to until I read #9.. Why the F### would they need to do a credit check and possibly dissemindate my information if I am just agreeing to pay $10.99 for ONE day's use of their "internets" service??
ox Communications (“Cox”) will provide a high-speed Internet access service (the “Service”) to customer (“Customer”) on the terms and conditions set forth below. Such Service will be delivered over cable transmission facilities or other facilities provided by Cox.
By connecting to the Internet, you are agreeing to these terms.
1. Computer Requirements and Equipment. Customer understands the minimum computer requirements necessary to operate the Service and Customer agrees that Customer has the minimum computer requirements to operate the Service. Customer understands and agrees that any equipment provided by Cox (the “Equipment”) shall remain Cox’s property. Customer shall have no rights of ownership to the Equipment. Customer may require additional computer equipment to access the Service.
2. Access Provided. Customer acknowledges that Customer may incur charges while using the Service in addition to those billed by Cox. For example, charges may be incurred as a result of accessing certain online services such as America OnLine™ and CompuServe™ or purchasing or subscribing to certain offerings. Customer agrees and understands that all such charges, including all applicable taxes, are the sole responsibility of Customer.
3. Payment Terms
a. Agreement to Pay. Customer agrees to pay all fees and other charges, including applicable franchise fees, taxes, late fees and collection fees, for the Service as revised from time to time by Cox. Fees will be billed to Customer’s credit card or applied to the invoice for Customer’s hotel room. If payment is not received by the due date, late fees and/or collection charges may be assessed and Cox may prohibit the Customer from using the Service.
b.Payment Methods. Customer agrees to pay Cox $10.99 for a 24 hour period.
c. Price changes. Cox has the right to change its fees at any time subject to applicable law.
4. Access to Customer’s Hotel Room. Customer authorizes Cox, and its employees, agents, contractors, and representatives to enter Customer’s hotel room or any other room from which Customer is accessing the Service (the “Premises”) in order to install, maintain, inspect, repair and remove the Equipment and/or the Service. All such services will be conducted at a time agreed to by Customer and the owner or manager of the Premises. If Customer is not the owner of the Premises, upon request by Cox, Customer will supply Cox with owner’s name and address, evidence that Customer is authorized to grant access to the premises on the owner’s behalf, and (if needed) written consent from the owner of the Premises.
5. Relocating/Removing Equipment. Customer will not tamper with, damage, remove or move the Equipment or connect the Equipment to any other outlet. Customer will not connect any device to the Equipment other than as reasonably required to receive Service. Customer understands that violating the terms of this Agreement may cause damage to the Equipment and/or subject Customer to prosecution for damages. If Customer disconnects Service, Cox’s obligations under this Agreement will automatically terminate, and Customer will be required to enter into a new subscriber agreement and pay an additional fee to re-initiate Service.
6. Contact Address. For any inquiries or notices required in connection with this Agreement. Customer should contact Cox via e-mail at HospitalityNetwork@lvcm.com or in writing at Hospitality Network/Cox Business Services, 706 Valle Verde Ct, Henderson, Nevada 89014, Attn: Marketing.
7. Prohibited Uses of the Service; Indemnity. Customer shall not use the Equipment or the Service to, directly or indirectly:
a. Invade another person’s privacy;
b.Unlawfully use, possess, post, transmit or disseminate obscene material or child pornography;
c. Post, transmit, or disseminate content which violates any proprietary rights of any third party, or is unlawful, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable;
d.Unlawfully promote or incite hatred;
e. Post, transmit or disseminate objectionable information, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, federal or international law, order or regulation;
f. Access any other person’s computer, software, or data of any other person without the knowledge and consent of such person;
g. Upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright or other proprietary right, without obtaining permission of the owner;
h. Copy, distribute or sublicense any software provided by Cox;
i. Service, alter, modify or tamper with the Equipment or Service or permit any other person to do the same that is not authorized by Cox;
j. Restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the Equipment or the Service, including, without limitation, posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, Trojan horse or other harmful feature; or generating levels of traffic sufficient to impede others’ ability to send or retrieve information;
k.Disrupt Cox’s network;
l. Resell the Service or otherwise charge others to use the Service. The Service is for personal use only and Customer agrees not to use the Service for operation as an Internet Service Provider or for any other business enterprise in competition with the Service; or
m. Use the Equipment or Service in a way that is contrary to any other Cox policy that may be posted by Cox from time to time.
Engaging in any of the activities listed above may result in immediate termination of this Agreement and Cox may exercise all remedies available to it by law, including, but not limited to, injunctive relief, criminal and civil charges, and refusal to provide Service to Customer. This section 7 shall not in any way limit Cox’s rights of termination pursuant to Section 10(a) of this Agreement.
Customer agrees to indemnify and hold harmless Cox and each of its respective affiliates, officers, directors, subcontractors, employees and agents, from any claims, losses, or expenses of any kind (including, but not limited to attorneys’ fees) arising from Customer’s use or attempted use of the Service, including, but not limited to, use of the Equipment or the Service in any manner prohibited under this Section 7.
8. Cox Content Rights. Cox has no obligation to monitor the content on the Service. However, Customer acknowledges and agrees that Cox has the right to monitor content electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request to operate the Service properly, or to protect itself or its subscribers. Cox reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, illegal or in violation of this Agreement.
9. Customer Information.
a. Credit Inquiries. Customer authorizes Cox to make inquires and to receive information about Customer’s credit history from others, enter this information in Customer’s file, and disclose such information concerning Customer to third parties.
b.Information Collection and Disclosure. Customer agrees that Cox may, from time to time, collect information concerning Customer’s use of the Service. Customer agrees that such information may be shared with other third parties provided that Cox (i) does not disclose any personally identifiable Customer information to others, except as allowed by law, and (ii) otherwise complies with all applicable privacy laws. Should Customer not wish that Customer’s information be used in such a manner, Customer can notify Cox Communications at 706 Valle Verde Ct, Henderson, NV 89014, Attn: Marketing.
10. Termination and Expiration.
a. Termination Rights. Either party may terminate this Agreement at any time. Customer agrees and understands that there will be no refund for unused Service.
b.Customer Obligation upon Termination. Customer agrees that upon termination of the Agreement: Customer will pay Cox in full for Customer’s use of the Service up to the later of the effective date of termination of this Agreement or the date on which the Service and the Equipment have been disconnected and returned to Cox.
c. Cox Retention Rights. Nothing contained in this Agreement shall be construed to limit Cox’s rights and remedies available at law or in Equity.
11. Limited Warranty. THE EQUIPMENT AND SERVICE ARE PROVIDED BY COX “AS IS” WITHOUT WARRANTY OF ANY KIND. COX DOES NOT WARRANT UNINTERRUPTED USE OF THE EQUIPMENT OR THE SERVICE. COX DOES NOT WARRANT THAT ANY DATA OR ANY FILES SENT BY OR TO CUSTOMER WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES NONINFRINGEMENT, FITNESS FOR A PRTICULAR PURPOSE OR MERCHANTABILITY ARE HEREBY EXCLUDED AND DISCLAIMED. If Customer is using the Service in a state that does not allow the exclusion or limitation of implied warranties, the above exclusions or limitations may not apply to Customer.
12. Back-up Requirements. Customer acknowledges that the installation, use, inspection, maintenance, repair and removal of the Equipment may result in service outages or potential damage to Customer’s computer. Customer therefore agrees to back-up all existing computer files by copying them to another storage medium prior to such activities involving the Equipment. Cox and each of its respective affiliates, officers, directors, subcontractors, employees and agents, shall have no liability whatsoever for any damage to or loss or destruction of any Customer’s software, files, data, equipment or peripherals.
13. Damage to and Encumbrances on Equipment, Computer, Software.
a. Ownership of Equipment. All Equipment will at all times remain the property of Cox. Customer may not sell, transfer, lease, encumber or assign all or part of the Equipment to any third party. Customer shall pay for the full retail cost for the repair or replacement of any lost, stolen, unretrieved, damaged, sold, transferred, leased, encumbered or assigned Equipment or part thereof, together with any costs incurred by Cox in obtaining or attempting to obtain possession of any such Equipment. Customer hereby authorizes Cox to charge Customer’s Visa, Master Card, other credit card or other payment method provided by Customer to hotel or to Cox for any outstanding Service, Equipment, or other charges.
14. Viruses. If a virus is found, this may result in damage to Customer’s software, hardware, files and data. In addition, software or other content downloaded from the Service may contain a virus, lock, key bomb, work, Trojan horse or other harmful feature and it is Customer’s sole responsibility to take appropriate precautions to protect Customer’s computer from damage to its software, hardware, files and data as a result of any such virus, lock, key bomb, worm, Trojan horse or other harmful feature. Neither Cox nor any of their respective affiliates, subcontractors, employees or agents shall have any liability whatsoever for any damage to or loss or destruction of any software, hardware, files or data resulting from any virus, lock, key bomb, worm, Trojan horse or other harmful feature.
15. No Liability for content. Customer should be aware that there may be some content on the internet or otherwise available through the Service which may be offensive to some individuals, or which may not be in compliance with all local laws, regulations and other rules. For example, it is possible to obtain access to content that is pornographic or otherwise inappropriate or offensive, particularly for children. Cox assumes no responsibility for the contents contained on the Internet or otherwise available through the Service. All content accessed by Customer through the Service is Customer’s sole responsibility. Cox, its affiliates, directors, officers, subcontractors, employees and agents, shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content by Customer or any third party. Content questions or complaints should be addressed to the content provider. Cox specifically disclaims any responsibility for the accuracy, quality and confidentiality of information obtained through the Service.
16. No Cox Liability For:
a. Eavesdropping. Numerous cable and Service subscribers use Cox’s cable transmission facilities. Because of this there is a risk that Customer’s use of the Service could be subject to “eavesdropping”. This means that other cable and Service subscribers may be able to access and/or monitor Customer’s use of the Service. This risk of eavesdropping exists not only with cable transmission facilities, but also in the Internet and other services to which access is provided by Cox as part of the Service. Because of this risk, any sensitive or confidential information (such as credit card numbers or other financial information, medical information or trade secrets) sent by Customer is sent at Customer’s sole risk and Cox shall have no liability whatsoever for any claims, losses, action, damages, suits or proceedings arising out of or otherwise relating to such actions by Customers.
b.FTP/HTTP Server Setup. Customer should be aware that when using the Service to access the Internet or any other online service, there are certain applications, such as FTP (File Transfer Protocol) server and HTTP (Hyper Text Transfer Protocol) server, which may be used to allow other Service users and internet users to gain access to Customer’s computer. If Customer chooses to run such applications, Customer should take the appropriate security measures. Neither Cox nor any of its affiliates, officers, directors, subcontractors, employees or agents shall have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings resulting from, arising out of or otherwise relating to the use of such applications by Customer, including, without limitation, damages resulting from others accessing Customer’s computer.
17. Limitation of Liability. Unless otherwise specifically provided in this Agreement, neither Cox nor any of its affiliates, officers, directors, subcontractors, employees or agents, will be liable to Customer or to any third party for:
a. Any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including, but not limited to, death), resulting directly or indirectly out of, or otherwise arising in connection with, the use of the Service by Customer or any other use of the Equipment, including, without limitation, any damage resulting from or arising out of Customer’s reliance on or use of the Equipment or Service, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operations, nondeliveries, misdeliveries, transmission, or any failure of performance of the Equipment or Service; and
b.Any losses, claims, damages, expenses, liabilities or costs (including, but not limited to, attorneys’ and other legal fees) resulting directly or indirectly out of, or otherwise arising in connection with any allegation, claim, suit, or other proceeding based upon a contention that the use of the Equipment or Service by Customer or a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property rights or contractual rights of any third party.
c. The limitations set for in this Section 17 apply to the acts, omissions, negligence and gross negligence of Cox and each of their respective affiliates, subcontractors, employees and agents, which, but for this provision, would give rise to a cause of action in contract, tort or any other legal doctrine.
d.Customer’s sole and exclusive remedies under this Agreement are as expressly set out in this Agreement.
18. End User Software Licenses.
a. Cox recommends, and Customer agrees, that Customer will back-up all Customer’s files in accordance with section 12 prior to using the Service. Cox shall have no liability whatsoever for any damage resulting from the failure to properly back-up all Customer’s files.
b.Customer agrees to comply with the terms and conditions of any end user license agreements accompanying any software or plug-ins to such software used by Customer or any third party in connection with the Service.
19. Multiple Users. Customer acknowledges that Customer is executing this Agreement on behalf of all persons who use the Equipment and/or Service through Customer’s computer. Customer shall have sole responsibility for ensuring that all such other users understand and comply with the terms and conditions of this Agreement. Customer further acknowledges and agrees that Customer is solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach is caused by Customer or by any other third party, excluding Cox.
20. Amendment. Cox may, in its sole discretion, change, modify, add or remove portions of this Agreement, and the Service provided hereunder, at any time. Cox will notify Customer of any such changes by posting notice of such changes on the Service, or sending notice via e-mail or postal mail. Customer’s continued use of the Service following notice of such change shall be deemed to be Customer’s acceptance of any such modification. If Customer does not agree to any such modification, Customer must immediately stop using the Service and notify Cox that Customer is terminating this Agreement in accordance with Section 10(a) of this Agreement.
21. Governing Law. This Agreement shall be exclusively governed by, and construed in accordance with, the laws of the State of Nevada. Customer may not bring any claim, suit or proceeding more than (1) year after the date the cause of action arose.
22. General. This Agreement constitutes the entire agreement and understanding between the parties and supersedes and replaces any and all prior written or verbal agreements with respect to the subject matter of this Agreement. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Cox’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. This Agreement may not be assigned or transferred by Customer. This Agreement is freely assignable by Cox to third parties.
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