Effective Date: February 13, 2024
These Web Services Terms of Service (“Terms”) apply to your use of the “Web Services” (as defined in Section 1 below). The Web Services are provided by Comcast Cable Communications, LLC, and its subsidiaries and affiliates (“Comcast,” “we,” “us,” or “our”).
The Software License Agreement (“Software License”) also applies to your use of the Web Services. The Software License is available here: my.xfinity.com/terms/license/. The Software License is incorporated into these Terms by this reference.
You must accept these Terms in order to use the Web Services. You accept these Terms by signing in or checking a box indicating that you agree, by using the Web Services, or by continuing to use the Web Services after we provide notice of a change to these Terms. By accepting these Terms, you agree to each provision in these Terms, whether or not you have read it.
NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 15 THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO ALL OF THE WEB SERVICES. UNLESS YOU HAVE OPTED OUT IN A TIMELY MANNER, THE ARBITRATION PROVISION REQUIRES THAT ALL DISPUTES BE RESOLVED IN INDIVIDUAL BINDING ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
- Covered Web Services
- Your Passwords and Unauthorized Use of Your Account
- Prohibited Uses
- Content on the Web Services
- User Content
- Copyright Infringement
- Proprietary Rights
- Links to the Web Services
- Term and Termination
- Exclusion of Warranties
- Limitation of Liability
- One Year Limitation Period
- Binding Arbitration and Class/Collective/Representative Action/Relief Waiver
- Waiver of Jury Trial
- About These Terms
- Changes to These Terms and the Web Services
- ADDITIONAL TERMS for Content Provided as Part of Your Xfinity TV Subscription
- ADDITIONAL TERMS for Xfinity WiFi
- ADDITIONAL TERMS for Comcast Email for Users Who Are Not Xfinity Internet Subscribers
The following websites, apps, and services are covered by these Terms and we refer to them as “Web Services”:
- Comcast or Xfinity-branded websites and web-based services that link to these Terms, such as: xfinity.com, xfinity.com/stream, and login.xfinity.com/login;
- applications provided by Comcast on third-party platforms that link to these Terms, such as Xfinity Stream and Xfinity (including Xfinity-branded iOS and Android mobile applications);
- Xfinity WiFi services (unless you are otherwise an Xfinity Internet subscriber with access to Xfinity WiFi);
- a Comcast-provided email address, such as email@example.com (unless you are otherwise an Xfinity Internet or Xfinity Voice subscriber); and
- Any additional websites, applications, and other web-based products or services that are owned or controlled by Comcast that link to these Terms as the governing terms and conditions.
These Terms do not apply to Xfinity TV, Xfinity Voice, Xfinity Internet, Xfinity Home, Xfinity Mobile, or to other products or services provided by Comcast that do not link to these Terms. These Terms do not apply to the Xfinity Stream app or tv.xfinity.com when these services are used to deliver Xfinity TV within the residence at which you have an Xfinity TV and Xfinity Internet subscription. These other products and services are subject to their own terms of service and policies. You can see the terms and policies that apply to the residential versions of these services by visiting www.xfinity.com/policies.
Third-party websites, software, or services may be available through the Web Services, and have their own terms of service that you should read before you use them. Some of these third-party websites, software, or services may contain Comcast owned branding or co-branding, but we do not operate these properties. We are not responsible for their availability, content, products, or offerings.
You may be required to provide information about yourself in order to use the Web Services. You represent that any registration information you give to us is accurate, complete, and current. You agree to notify us immediately if any of the information that you submit to us changes, including your phone number and email address, which we may use to send you notices about the Web Services. For example, if you use online bill pay, we will send you notices that your online bill has posted. If your email address is not current, you might miss online bill postings, but your payment due date will not change.
You are responsible for keeping your Web Services account and password(s) safe. You are responsible for controlling access to any computers, mobile devices, gateways, or other endpoints where you store your password, or where you enable a "Remember Me" or similar functionality (an “Activated Device”). You are solely responsible for all activities under your Web Services account. You are also responsible for the activities of any individual with whom you share your Web Services account or an Activated Device, including any members of your household, and any breach of these Terms.
If you learn of any unauthorized use of your password or account, please notify us immediately. To protect your privacy, we recommend logging out of the Web Services after each visit when you are using a public or shared computer, mobile device, or other endpoint.
You may only use the Web Services for personal, residential, and non-commercial purposes, unless we make an exception in writing.
You agree to comply with the following restrictions on use of the Web Services:
- Do not use the Web Services for any unlawful purpose. For example, you will not post, store, send, or share anything that encourages criminal conduct, gives rise to civil liability, or is unlawful, libelous, obscene, threatening, defamatory, pornographic, harassing, hateful, racially or ethnically offensive. You will not post, store, send, reproduce, create derivative works of, distribute, or do anything that infringes the intellectual property rights or other rights of any person or entity. You will not capture, rip, download, or create a copy of any content on the Web Services without any required permission from the content owner.
- Do not use the Web Services for commercial purposes or to send “spam.” For example, you will not post or distribute “spam,” or unsolicited bulk or commercial messages, on or through the Web Services. You will not send large numbers or copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content. You will not send very large messages or files that disrupt features of the Web Services. You will not start, continue, assist with, or participate in any pyramid scheme or other illegal activity through the Web Services. Do not use the Web Services for any non-private presentation or commercial viewing (e.g., a presentation of Content in a dorm lounge, a place of public accommodation, or a commercial establishment), even if no fee is charged.
- Do not improperly collect information from the Web Services. For example, you will not scrape, collect, or participate in the collection of very large numbers of email addresses, screen names, or other identifiers from the Web Services without prior express written consent. You will not use or participate in the use of software or “spyware” designed to facilitate this activity. You will not collect responses from unsolicited bulk messages posted on or distributed through the Web Services. You will not systematically retrieve data or content from the Web Services to create a collection, compilation, database, or directory, except through APIs or other interfaces specifically provided for this purpose.
- Do not engage in fraud on the Web Services. For example, you will not impersonate any person or entity, falsify your sender address, or forge a digital or manual signature. You will not engage in “phishing” or any similar fraudulent content activity on the Web Services. You will not attempt to use the Web Services under another person’s name or register under another person’s name, or publish falsehoods or misrepresentations. You will not allow another person to access the Web Services using your credentials. You will not manipulate, distort, or undermine the integrity and accuracy of any ratings or reviews of any movie or entertainment program, service, or product presented by the Web Services.
- Do not interfere with the operation and functionality of the Web Services. For example, you will not restrict, inhibit, or otherwise interfere with the ability of any other person to use or enjoy the Web Services. This prohibition applies regardless of your intent, purpose, or knowledge. (This prohibition does not apply to tools for safety and security, such as parental controls.) You will not post or transmit any information or software that contains a worm, virus, or other harmful feature. You will not generate traffic levels sufficient to impede others' ability to use, send, or retrieve information.
- Do not circumvent or attempt to circumvent any method to control access to Web Services. For example, you will not spoof or otherwise impersonate an IP address for your computer. You will not set up a proxy or other device that allows others to access the Web Services through it. You will not access or attempt to access the Web Services through any automated means, including scripts or web crawlers, except through APIs or other interfaces specifically provided for this purpose. You will not violate the instructions in any robots.txt or similar file within the Web Services.
6. Content on the Web Services
Certain Web Services allow you to access content, information, data, text, video, audio, multimedia, or photographs and other images (the “Content”). This Content may be owned by us, by third parties that give us the right to distribute their Content (like movie studios), or by users of the Web Services (like you).
Subject to your compliance with these Terms, you are permitted to view the Content and to use the Web Services solely for your personal, non-commercial purposes as set forth in these Terms and in accordance with the functionality made available via the Web Services. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content. You must not interfere with any digital rights management mechanism or other content protection measure associated with the Content. In general, you may not distribute copies of the Content in any form (including by email or other electronic means), without any prior required permission from the Content owner. You may not download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit the Content without any required permission. You may not incorporate the Content into any hardware or software application. These restrictions apply even if you intend to give the Content away for free.
You may post materials, information, feedback, suggestions, ideas, submissions, or other content on or to the Web Services (referred to specifically as “User Content,” and also generally as Content). We may link to certain forums, websites, or services, which also include User Content. We are not responsible for your User Content. You are solely responsible for any User Content that you create, transmit, or display using the Web Services, including any losses or damages we may suffer related to User Content. Your User Content must also conform to these Terms (including Section 5) and any community guidelines or comment policies posted on any forum, website, or service. Terms that apply to your feedback, suggestions, and submissions are available at my.xfinity.com/terms/feedback. Children under the age of 13 are not permitted to post or contribute any content anywhere on or through the Web Services. The Web Services are not directed to children under the age of 13.
By submitting or posting your User Content, you grant us and our licensees a worldwide, perpetual, royalty-free, and non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute your User Content on, or in connection with, the Web Services or to promote the Web Services. You represent and warrant that you own your User Content or otherwise have the right to grant us the license in this Section.
We retain the right, but not the obligation, to review, remove, or modify any User Content for any reason in our sole discretion without prior notice or liability. By using the Web Services, you may receive Content that you find offensive, indecent, or objectionable. You access Content on the Web Services at your own risk. We make no representation or warranty regarding the effectiveness of any third-party tools or programs that may limit exposure to objectionable material. To learn more about parental controls, click here.
Users of the Web Services and copyright owners should refer to the Comcast Digital Millennium Copyright Act (“DMCA”) Policy at https://www.xfinity.com/dmca to learn more about how Comcast handles notifications of alleged copyright infringement and its repeat infringer policy.
We (or our licensors) own all legal right, title, and interest in and to the Web Services. This includes any intellectual property rights in the Web Services (whether or not those rights are registered, and wherever in the world those rights may exist). Trademarks used or displayed on the Web Services are owned by us, or by third parties other than us that offer or provide products and services on or through the Web Services. Our trademarks include, but are not limited to Comcast, the Comcast design logo, the “X” design logo, Xfinity, the Xfinity design logo, the Xfinity Mobile logo, and the Xfinity Mobile “o” mark.
We do not grant you any right to use any of our trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. If we give you an explicit right to use any of these brand features in a separate written agreement, your use of these features must comply with that agreement, any applicable provisions of these Terms, and our brand guidelines as updated from time to time. You are not permitted to use any trade names, trademarks, service marks, logos, domain names, or other distinctive brand features of any company or organization on the Web Services in a way that may cause confusion about the owner or authorized user of such identifying marks.
You may link to any of the Web Services, but your link may not state or imply any affiliation, connection, endorsement, or sponsorship, or approval of your site by Comcast.
These Terms apply to all users of the Web Services and will be in effect from the date of your first acceptance of these Terms until the date you or we terminate your use of the Web Services. All representations, warranties, indemnifications, and limitations of liability contained in these Terms will survive termination of these Terms. Any other obligations hereunder will also survive if they relate to the period before termination or if, by their terms, they would be expected to survive termination.
Unregistered Users. If you are an unregistered user of the Web Services, you can stop using those Web Services at any time. Doing so will terminate the applicability of these Terms to you with respect to those Web Services. We reserve the right to restrict, suspend, or terminate your use of any or all of the Web Services and terminate these Terms for any reason, and with or without notice. Because unregistered users are generally unknown to us, in most cases we cannot provide notice.
Registered Users. If you are a registered user of the Web Services, you may terminate your registered user account at any time. Doing so will terminate these Terms with respect to that Web Service. We reserve the right to restrict, suspend, or terminate your registered user account for any or all of the Web Services and terminate these Terms for any reason, and with or without notice. Currently, registered user accounts for Comcast.net and Xfinity.com are associated with Xfinity TV, Xfinity Internet (including Xfinity WiFi), or Xfinity Voice services. You cannot terminate registered user accounts for Comcast.net and Xfinity.com without also terminating the associated Xfinity service. You may still be able to use your Comcast.net email address even if you terminate your Xfinity Internet service.
TO THE EXTENT PERMITTED BY LAW, THE WEB SERVICES ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," "AS AVAILABLE," AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE AND OUR SERVICE PROVIDERS, AFFILIATES, SUBSIDIARIES, SUPPLIERS, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS, AND BUSINESS PARTNERS (AND EACH OF THEIR AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES) (COLLECTIVELY, THE “RELEASED ENTITIES”) CANNOT AND DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEB SERVICES, INCLUDING ANY CONTENT MADE AVAILABLE THROUGH THE WEB SERVICES. ALL REPRESENTATIONS AND WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED, UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.
BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AND CONTENT AVAILABLE THROUGH THE WEB SERVICES, AND THE UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THIS CONTENT. YOU RELY ON THE WEB SERVICES (OR ANY CONTENT MADE AVAILABLE THROUGH THEM) AT YOUR OWN RISK. WE AND THE RELEASED ENTITIES CANNOT AND DO NOT WARRANT THAT THE WEB SERVICES WILL OPERATE WITHOUT DELAY, OR CONTINUOUSLY BE AVAILABLE, OR BE FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. WE AND THE RELEASED ENTITIES CANNOT, AND DO NOT, WARRANT THAT THE WEB SERVICES WILL MEET YOUR REQUIREMENTS.
The limitations of liability in this Section apply to Comcast and its parents, subsidiaries, affiliates, predecessors, successors, and assigns; each of their respective officers, directors, employees, and agents (also “we,” “us,” and “our”); and any of the Released Entities.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, IN NO EVENT WILL WE OR THE RELEASED ENTITIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES ARISING OR RESULTING FROM ANY INTERRUPTION IN, OR DISRUPTION TO, THE WEB SERVICES.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, IN NO EVENT WILL WE OR THE RELEASED ENTITIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS, LOSS OF EARNINGS, OR LOST BUSINESS OPPORTUNITIES) (“DAMAGES”), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER WE OR ANY OF THE RELEASED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF, OR RELATING TO, THESE TERMS EXCEED THE GREATER OF: (A) $2,500; OR (B) THREE (3) TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE BY YOU TO US, PURSUANT TO THESE TERMS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF LIABILITY IN THIS PARAGRAPH WILL NOT APPLY TO INJURIES: (X) TO THE BODY OR PERSON; OR (Y) CAUSED BY OUR WILLFUL, MALICIOUS, RECKLESS, OR GROSSLY NEGLIGENT ACTS OR OMISSIONS.
THESE LIMITATIONS OF LIABILITY SHALL SURVIVE THE TERMINATION OF THESE TERMS. BECAUSE THE LAW REGARDING LIMITATIONS OF LIABILITY VARIES BY STATE, THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. NOTICE TO NEW JERSEY CONSUMERS: THESE LIMITATIONS OF LIABILITY APPLY IN NEW JERSEY.
YOU WAIVE THE RIGHT TO ASSERT A CLAIM AGAINST US MORE THAN TWELVE (12) MONTHS AFTER THE FIRST EVENT OR FACT THAT GIVES RISE TO THE CLAIM.
If you are a user of, or subscriber to, Xfinity TV, Xfinity Voice, and/or Xfinity Internet, please refer to the Binding Arbitration section of the Xfinity Agreement for Residential Services, which applies to any Dispute (as defined in that agreement) between you and Comcast for those services. The Xfinity Residential Services Agreement is available at www.xfinity.com/Corporate/Customers/Policies/SubscriberAgreement.
If you are not a subscriber to those services, any Dispute (as defined below in these Terms) involving you and Comcast shall be resolved through individual arbitration. In arbitration, there is no judge or jury, and there is less discovery and appellate review than in court. This Section 15 (the "Arbitration Provision") shall be broadly interpreted.
Definitions. The term "Dispute" means any and all claims or controversies arising out of or related to the Web Services, these Terms, or our relationship with you, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims or controversies that arose before these Terms or any prior agreement; (3) claims or controversies that arise after the expiration or termination of these Terms; and (4) claims or controversies that are the subject of purported class, collective, or representative action litigation. As used in this Arbitration Provision, "Comcast" means Comcast Cable Communications, LLC and any of its parents, subsidiaries, and other affiliates, each of their respective predecessors, successors, and assigns, and each of their respective officers, directors, employees and agents; and, “you” means you and any users or beneficiaries of your access to the Web Services.
Exclusions. Notwithstanding the foregoing, Disputes relating to the scope, validity, or enforceability of this Arbitration Provision will not be subject to arbitration.
Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either you or we may elect to have a Dispute heard in a small claims court if the claim(s) underlying the Dispute is not aggregated with the claim(s) of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.
Right to Opt Out. IF YOU DO NOT WISH TO ARBITRATE DISPUTES, YOU MAY DECLINE TO HAVE YOUR DISPUTES WITH COMCAST ARBITRATED BY NOTIFYING COMCAST IN WRITING WITHIN 30 DAYS OF YOUR FIRST ACCESS TO OR USE OF THE WEB SERVICES (i) BY VISITING WWW.XFINITY.COM/WEBARBOPTOUT, OR (ii) BY MAIL TO COMCAST, 1701 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103-2838, ATTN: LEGAL DEPARTMENT / ARBITRATION. ANY SUCH WRITTEN NOTIFICATION TO COMCAST MUST INCLUDE YOUR NAME, ADDRESS, AND ACCOUNT NUMBER (IF YOU ARE A COMCAST SUBSCRIBER) OR TELEPHONE NUMBER (IF YOU ARE NOT A COMCAST SUBSCRIBER), AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH COMCAST THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH COMCAST OR THE WEB SERVICES PROVIDED BY COMCAST. IF YOU HAVE PREVIOUSLY OPTED OUT OF ARBITRATION WITH COMCAST, YOU DO NOT NEED TO DO SO AGAIN. ANY OPT-OUTS SUBMITTED AFTER THIS 30-DAY PERIOD WILL NOT BE EFFECTIVE AND ALL DISPUTES WITH COMCAST WILL BE ARBITRATED.
Initiation of Arbitration Proceeding/Selection of Arbitrator. Before either party initiates an arbitration proceeding, that party must first provide an opportunity to resolve the Dispute by sending the other party a written Notice of Dispute (“Notice”). You may download a Notice form at www.xfinity.com/nod. You may send the completed Notice by U.S. mail to Comcast, 1701 John F. Kennedy Boulevard, Philadelphia, PA 19103-2838 – ATTN: LEGAL DEPARTMENT/ARBITRATION, or submit the completed Notice electronically by following the instructions at www.xfinity.com/nod. We may send you the completed Notice by either posting the Notice on your Xfinity.com account or sending you the Notice by mail to the Premises or by email at the email address we have on file for your account. The Notice must include all of the information requested on the Notice form, including, as applicable: (a) the noticing party’s name; (b) the relevant Comcast account number(s) and service address of the Premises; (c) the Web Services (if any) to which the Dispute pertains; (d) a description of the nature and basis of the Dispute; (e) an explanation of the specific relief sought and the basis for any damages calculations; (f) the noticing party’s signature; and (g) if you have retained an attorney, your signed statement authorizing Comcast to disclose your confidential Account records and other information to your attorney if necessary to resolve your Dispute. You and we each agree to negotiate to resolve the Dispute in good faith, and that neither you nor we may initiate an arbitration proceeding unless you and we are unable to resolve the Dispute within 60 days of the other’s receipt of a complete Notice that includes all of the foregoing information. (If you or we send an incomplete Notice, the 60-day good faith negotiation period will begin only after the complete Notice is received by you or us.) Any statute of limitation relevant to a Dispute under applicable law shall be tolled from the date of receipt of a completed Notice, through and including the foregoing negotiation period, and continuing until final resolution of any arbitration proceeding, unless the party providing the Notice of Dispute withdraws or abandons the Dispute at any point, or the arbitration proceeding is withdrawn or dismissed.
Either you or we may initiate an arbitration proceeding by opening a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org). You may deliver any required or desired notice to Comcast by mail to Comcast, 1701 John F. Kennedy Boulevard, Philadelphia, PA 19103-2838 – ATTN: LEGAL DEPARTMENT/ARBITRATION.
Arbitration Procedures. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by the AAA pursuant to the most recent version of its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify Comcast about your Dispute. You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this Arbitration Provision and the rest of these Terms, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the AAA Rules, this Arbitration Provision shall govern. If the AAA will not administer a proceeding under this Arbitration Provision as written, you and Comcast shall agree on a substitute arbitration organization. If you and Comcast cannot agree, you and Comcast shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision, as written, applying the AAA Rules. A single arbitrator will resolve the Dispute. Unless you and Comcast agree otherwise, any arbitration hearing will take place at a location convenient to you in the area where you reside when you notify Comcast of your Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
Waiver of Class, Collective, and Representative Actions/Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED (I) ON A CLASS ACTION, COLLECTIVE ACTION, OR OTHER JOINT OR CONSOLIDATED BASIS, OR (II) ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM, AND THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST OR ON BEHALF OF ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, OTHER JOINT OR CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THIS WAIVER OF CLASS, COLLECTIVE, OTHER JOINT OR CONSOLIDATED, OR REPRESENTATIVE ACTIONS AND RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION.
Arbitral Fees and Costs. If your claim seeks more than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be governed by the AAA Rules. If your claims seek less than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be Comcast’s responsibility, so long as you have fully complied with the requirements of Section 15 for any arbitration you initiated. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the AAA’s fees and costs shall be governed by the AAA Rules, and you shall reimburse Comcast for all fees and costs that were your obligation to pay under the AAA Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs. You may only recover your attorneys’ fees and costs in the arbitration if the arbitration is decided in your favor and to the extent that you could have recovered those fees in court in accordance with the law or statute(s) that apply to the case. You and we agree that the parties have a mutual interest in reducing the costs and increasing the efficiency of arbitration, and as such, either party may negotiate with the AAA for lower fees and costs and for streamlined or other procedures designed to reduce the costs and increase the efficiency of arbitration. Notwithstanding anything in this Arbitration Provision to the contrary, we will pay all fees and costs that we are required by law to pay.Survival. This Arbitration Provision will survive the termination or expiration of these Terms.
WHETHER ANY DISPUTE IS RESOLVED IN COURT OR IN ARBITRATION, YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY IN RELATION TO THE DISPUTE.
You agree to indemnify, defend, and hold harmless us and the Released Entities from and against all claims, losses, expenses, damages, and costs (including reasonable attorneys’ fees and costs) resulting from or in connection with any suits, judgments, and causes of action arising out of: (a) your use of the Web Services and User Content, including any related actual or alleged violation or infringement of contractual rights, privacy, confidentiality, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights; and (b) any actual or alleged breach of these Terms by you or any individual with whom you share your Web Services account or an Activated Device. We reserve the right, at our election, to assume the exclusive defense and control of any matter subject to indemnification by you, including, but not limited to, selection of outside counsel. You agree to cooperate with us in connection with our defense.
These Terms constitute the entire legal agreement between you and us for your use of the Web Services, and completely replace any prior agreements in relation to the Web Services.
Upon termination of these Terms for any reason, we (and our suppliers) reserve the right to delete all your User Content, data, files, electronic messages, or other information that is stored on our or our suppliers' servers or systems. We are not responsible for the loss of any such data.
We may decide not to enforce our rights or exercise a remedy under these Terms in certain instances. This will not be a waiver of our rights or remedies.
Our agreement to these Terms is not for the benefit of any third party, except our parent companies, affiliates, subsidiaries, agents, predecessors, and successors in interest.These Terms, and your relationship with us under these Terms, shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws’ provisions. By using the Web Services, you consent to the exclusive jurisdiction of the state and federal courts in Philadelphia, Pennsylvania, in all disputes arising out of or relating to these Terms or the Web Services that are not Disputes subject to the Arbitration Provision above.
We reserve the right to change these Terms. If we make a change, we will make the updated Terms available by posting them on www.xfinity.com, elsewhere on the Web Services, or through other methods. If we make material changes to these Terms, we may also provide notice by email, direct mail, or via other reasonable methods that we select. You agree that we may provide you with notices, including those regarding changes to these Terms, through any of these communication methods.
We have the right to change the Web Services at any time with or without notice. We may rearrange, delete, add to, or otherwise change Content or other features or functionality of the Web Services. If we do provide notice of these changes, we may use any reasonable means of communication.
If you do not accept a change to the Terms or the Web Services, you have the right to stop using the Web Services and delete your account. You accept the change if you continue using the Web Services after the effective date of the change.
If you are a residential subscriber to Xfinity TV and/or Xfinity Internet, the additional terms in this Section 20 apply. You may be entitled to use your Internet connection to access certain additional video content related to your subscription. For example, if you subscribe to HBO as part of your subscription, you may also access HBO content on the Web Services. You must only use this additional video content in accordance with these Terms and the terms that otherwise apply to your subscription. You must only display this content to members of the residence at which you have a subscription and to others you have invited to view the content (without charge).
There are limits on the number of video streams you may simultaneously view for this additional content, which are determined by your specific subscription. These limits are per residence at which you already have an Xfinity TV subscription.
If you are a residential Xfinity subscriber and your subscription includes access to Xfinity WiFi, your use of Xfinity WiFi is subject to the terms for WiFi use set forth in your applicable services agreement. Your Xfinity Residential Services Agreement is available at http://www.xfinity.com/Corporate/Customers/Policies/SubscriberAgreement.
If your subscription does not include access to Xfinity WiFi, or you are not a residential Xfinity Internet subscriber, you may still have access to and use Xfinity WiFi under certain circumstances. The following additional terms apply to your use of Xfinity WiFi outside of a subscription ("WiFi Service"):
Using the WiFi Service. In order to access and use the WiFi Service, you must:
- provide us with accurate and complete registration information;
- have a wireless-enabled device (compliant with the IEEE 802.11g or n standards, or any later standard we support) with a web browser or its equivalent;
- provide all equipment and software necessary to connect to the WiFi Service (other than the access point provided by us);
- protect the password, username, and security information you use to access the WiFi Service;
- notify us immediately of any unauthorized use of your account that you become aware of;
- comply with applicable laws and regulations, including but not limited to copyright and intellectual property laws; and
- be at least 18 years of age.
Certain locations ("Venues") may offer you free use of Xfinity WiFi ("Amenity WiFi"). Your use of Amenity WiFi is subject to these Terms and any other terms and conditions made available by the Venue ("Venue Policies"). We are not responsible for the Venue Policies or the actions of the Venue. You should read the Venue Policies before using Amenity WiFi.
When you go online with any WiFi Service, remember that wireless communications could possibly be intercepted. For more information on your security options, please see the Security Tips for Xfinity WiFi at www.xfinity.com/support/internet/provision-devices-secure-xfinity-wifi/. In addition to the online resources at wifi.xfinity.com, we provide limited telephone support for this WiFi Service, available at 1-800-XFINITY.
Termination. We reserve the right at any time to terminate your use of the WiFi Service if you fail to comply in full with any term of these Terms, or any other terms, agreements, or policies that apply to this WiFi Service. We reserve the right at any time to delete, terminate, or suspend any WiFi Service account registration and related information, including user names and passwords.
Restrictions on Use. You may only use the WiFi Service for personal and non-commercial purposes. You agree to comply with the following restrictions on use of the WiFi Service:
- Do not engage in fraud. For example, you will not falsify, alter, or remove message headers. You will not falsify references to us or our network in messages. You will not falsify, alter, spoof, or otherwise modify or change any IP or MAC address assigned to or associated with your device to access the WiFi Service.
- Do not engage in unlawful conduct or violate other applicable terms. For example, you will not violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or website that you access or use. You will not copy, distribute, or sublicense any proprietary software provided in connection with the WiFi Service by us or any third party, except that you may make one copy of each software program for back-up purposes only. You will not access or use the WiFi Service with anything other than a dynamic IP address that adheres to the dynamic host configuration protocol ("DHCP"). You may not configure your device to use this WiFi Service or any related equipment to access or use a static IP address or use any protocol other than DHCP or for any unlawful purpose.
- Do not breach or circumvent security or other access limitations. For example, you will not access any other person's computer or computer system, network, software, or data without his or her knowledge and consent. You will not breach the security of another user or system, or attempt to circumvent the user authentication or security of any host, network, or account. Prohibited conduct includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so. You will not use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized. This includes password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, and Trojan Horse programs. Unauthorized port scanning is strictly prohibited. You will not use the WiFi Service to distribute programs that make unauthorized changes to software (or “cracks”). You will not service, alter, modify, or tamper with any Comcast equipment or service or permit any other person who is not authorized by us to do so. You will not interfere with computer networking or telecommunications service to any user, host, or network. This includes denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to "crash" a host.
- Do not use the WiFi Service for commercial purposes. For example, you may not use or run dedicated, stand-alone equipment or servers, also commonly referred to as public services or servers on the WiFi Service. Examples of prohibited equipment and servers include, but are not limited to, email, web hosting, file sharing, and proxy services and servers. You may not use the WiFi Service, or use or run programs that provide network content or any other services, for any purpose other than personal and non-commercial use. You may not use the WiFi Service for operation as an Internet service provider or for any business, other legal entity, or other purpose (whether or not for profit). You may not resell or otherwise make available the WiFi Service, in whole or in part, directly or indirectly.
If you are no longer a subscriber to our residential Xfinity Internet or Xfinity Voice service, the following additional terms apply to your use of a Comcast-provided email address such as firstname.lastname@example.org ("Email Service"):
Modifications, Suspension, and Termination. We may modify or discontinue the Email Service at any time with or without notice to you. If we do give you notice, it may be provided on any of the Web Services, or via email, direct mail, newspaper, or any other permissible communication. You understand that we may suspend or terminate your access to the Email Service for any suspected or actual violation of these Terms. In addition, you understand that we may suspend or terminate your access to the Email Service if you have not used the Email Service at least once within a nine (9) month period. If we suspend or terminate your Email Service, your email will be deleted without the ability to recover it.
Acceptable Use and Network Management. You will not use the Email Service to communicate or distribute email or other forms of communications in violation of these Terms. Additional applicable terms are located in our Acceptable Use for Xfinity Internet policy, available here: www.xfinity.com/Corporate/Customers/Policies/HighSpeedInternetAUP. This policy is incorporated into these Terms by this reference. For more information about our anti-spam approach, visit our support page on "What is Comcast doing about spam?” available at www.xfinity.com/support/articles/reducing-spam-email.
We are not responsible for deleting or forwarding any email sent to the wrong email address. This may be email that you send or email sent by someone else trying to reach you. We are also not responsible for forwarding email sent to any Email Service account that has been suspended or terminated. This email will be returned to the sender, ignored, deleted, or stored temporarily at our sole discretion. If you cancel or terminate your Email Service account for any reason, all email associated with that account (and any secondary accounts) will be permanently deleted.
If we believe in our sole discretion that any subscriber name, account name, or email address (collectively, an "Identifier") on the Email Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, we may take corrective action. We reserve the right to block access to and prevent the use of any of these Identifiers. We may also require any customer to change his or her Identifier. In addition, we may reserve any Identifiers on the Email Service for our own purposes.