Customer Agreements and Policies

XFINITY WIFI TERMS OF SERVICE

 
Welcome to XFINITY WiFi!

 
These XFINITY WiFi Terms of Service apply to anyone using XFINITY WiFi services who is not an XFINITY Internet subscriber. If you are already an XFINITY Internet subscriber, please see your subscriber agreement at http://www.comcast.com/Corporate/Customers/Policies/SubscriberAgreement.html.

Note: These XFINITY WiFi Terms of Service contain a binding arbitration provision below that affects your rights with respect to the XFINITY WiFi Service.

The XFINITY WiFi service ("WiFi Service" or "Service") is available to you at select locations. Before you use the Service, you should read and must agree to these XFINITY WiFi Terms of Service (the "WiFi Terms"). By using the WiFi Service, you agree to the WiFi Terms, which form a binding agreement between you and Comcast Cable Communications Management, LLC on behalf of itself and its affiliates (collectively, "Comcast", "we", "us" and similar).

These WiFi Terms only apply to your use of the XFINITY WiFi Service through an access point owned or controlled by XFINITY or Comcast. If you access the Internet through another Internet service provider, then its terms also apply to your use of that service.

Acceptable Use & Privacy


The WiFi Service provides Internet access over a wireless network using standard WiFi protocols. You can use the service to connect WiFi-compliant devices like a mobile phone, tablet, or laptop computer to the Internet.

When you use the WiFi Service, you agree that you will not:

Conduct and information restrictions

  • undertake or accomplish any unlawful purpose, including without limitation by posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
  • post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful;
  • upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
  • transmit unsolicited bulk or commercial messages commonly known as "spam;"
  • send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service;
  • initiate, perpetuate, or in any way participate in any "pyramid" or other illegal scheme;
  • participate in the collection of very large numbers of email addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including "spyware") designed to facilitate this activity;
  • collect responses from unsolicited bulk messages;
  • falsify, alter, or remove message headers;
  • falsify references to Comcast or its network, by name or other identifier, in messages;
  • impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity (for example, "phishing");
  • violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or web site that you access or use;

Technical restrictions

  • access any other person's computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This 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;
  • use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
  • copy, distribute, or sublicense any proprietary software provided in connection with the Service by Comcast or any third party, except that you may make one copy of each software program for back-up purposes only;
  • distribute programs that make unauthorized changes to software (cracks);
  • use or run dedicated, stand-alone equipment or servers, also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, email, web hosting, file sharing, and proxy services and servers;
  • use or run programs that provide network content or any other services, except for personal and non-commercial use;
  • service, alter, modify, or tamper with any Comcast equipment or service or permit any other person who is not authorized by Comcast to do so;

Network and usage restrictions

  • use the Service for any purpose other than personal and non-commercial use;
  • use the Service for operation as an Internet service provider or for any business, other legal entity, or organization purpose (whether or not for profit);
  • restrict, inhibit, or otherwise interfere, regardless of intent, purpose or knowledge, with the ability of any other person to use or enjoy the Service (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or
  • impede others' ability to use, send, or retrieve information;
  • restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Comcast (or Comcast supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Comcast (or Comcast supplier) facilities used to deliver the Service;
  • resell the Service, in whole or in part, directly or indirectly;
  • interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to "crash" a host;
  • falsify, alter, spoof, or otherwise modify or change any Internet protocol ("IP") or Media Access Control address (sometimes called a MAC address) assigned to or associated with your device to access the WiFi Service; or
  • access and use the 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 Service or any related equipment to access or use a static IP address or use any protocol other than DHCP.

Privacy Your use of the WiFi Service is subject to the privacy policy at http://www.comcast.com/wifi/nonmemberwifiprivacy.html.

General Terms of Service


Using the Service In order to access and use the WiFi Service, you must: (1) provide accurate and complete registration information; (2) have a wireless-enabled device (compliant with the IEEE 802.11g or n standards, and or any later standard we support) with a web browser or its equivalent; (3) provide all equipment and software necessary to connect to the Service (other than the access point provided by Comcast); (4) protect the password, username and security information you use to access the Service and notify Comcast immediately of any unauthorized use of your account that you become aware of, (5) comply with applicable laws and regulations, including but not limited to copyright and intellectual property rights laws, and (6) be at least 18 years of age. If you pay to access the Service on a pay-per-use ("PPU") basis, the WiFi Terms incorporate the payment and support terms presented as part of the PPU sign in and payment process as described at http://www.comcast.com/wifi/trial.htm.

Whenever you log in, we help protect your privacy and the safety of your login ID and password by providing 128-bit encryption on the sign-in page. This is the same standard used by thousands of online banking and financial services sites around the world to protect your critical transactions. When online with any WiFi service, remember that WiFi is not an inherently secure technology and that wireless communications can be intercepted. For more information on your security options, please see the Security Tips for Comcast WiFi at http://customer.comcast.com/help-and-support/internet/xfinity-wifi-connections-security/ .In addition to the online resources at http://www.comcast.com/wifi, Comcast provides limited telephone support for this Service, available at 1-800-XFINITY.

Content Disclaimer Comcast does not control and is not responsible for data, content, services, applications, or products that you use, access, or download through the Comcast WiFi Service. We may, but are not obliged to, block data transmissions to protect Comcast, the Comcast network, or the public.

Termination Comcast reserves the right at any time to terminate your use of the Service if you fail to comply in full with any term of the WiFi Terms, or any other terms, agreements, or policies that apply to this WiFi Service and the use of it. If you paid to access the WiFi Service on PPU (pay per use) basis, you may contact Comcast by phone at 1-866-366-5756 to terminate the Service.

Indemnification You agree to indemnify, defend, and hold harmless Comcast (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and third party providers, agents, suppliers, distributors, licensors and associated businesses (and their respective officers, employees, agents, affiliates, contractors or representatives)) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of the WiFi Terms or unauthorized use of the WiFi Service. Your indemnification obligation shall survive your use of the WiFi Service and the termination of the WiFi Terms. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with Comcast in connection with our defense.

Disclaimer of Warranties and Liability YOU AGREE THAT YOUR USE OF THE WIFI SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE WIFI SERVICE, AND THE UNCERTAINTIES OF ELECTRONIC DISTRIBUTION AND WIFI TECHNOLOGY, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THE WIFI SERVICE OR ANY MATERIAL AVAILABLE THROUGH THE WIFI SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WIFI SERVICE.

THE WIFI SERVICE IS PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." COMCAST AND ITS SUPPLIERS, PROVIDERS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WIFI SERICE OR THE INFORMATION AVAILABLE THROUGH IT, NOR DO WE OR THEY GUARANTEE THAT THE WIFI SERVICE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WIFI SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL COMCAST (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS OR REPRESENTATIVES) OR ITS THIRD PARTY PROVIDERS, AGENTS, SUPPLIERS, DISTRIBUTORS, LICENSORS AND ASSOCIATED BUSINESSES (AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS OR REPRESENTATIVES) (COLLECTIVELY, THE "DISCLAIMING PARTIES") BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THE WIFI SERVICE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE DISCLAIMING PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF THE DISCLAIMING PARTIES ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WIFI SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO COMCAST FOR THE USE OF THE WIFI SERVICE.

TO ANY EXTENT THAT THE ABOVE DOES NOT APPLY, YOU AGREE THAT THE LIABILITY OF THE DISCLAIMING PARTIES, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WIFI SERVICE SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO COMCAST FOR THE USE OF THE WIFI SERVICE.

Changes In the WiFi Terms and the WiFi Service; Termination. We may modify or terminate the WiFi Service and the WiFi Terms and any accompanying policies, for any reason, and without notice, without liability to you. Please review the WiFi Terms from time to time so that you will be aware of any changes. We will attempt to notify you at the email address you provided when you signed up that we have an updated WiFi Terms available to you before any changes take effect. You understand and agree that if you use the XFINITY WiFi Service after the date on which the updated WiFi TOS takes effect; we will treat your use as acceptance of the updated Terms.

Copyright Infringement

Comcast is committed to complying with U.S. copyright and related laws, and requires all users of the XFINITY WiFi Service to comply with these laws. Accordingly, you may not use the XFINITY WiFi Service to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law.

If you are the owner of a copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on the WiFi Service, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the "DMCA") by sending Comcast's authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon Comcast's receipt of a satisfactory notice of claimed infringement, Comcast will respond expeditiously either directly or indirectly (i) to remove the allegedly infringing work(s) accessible through the XFINITY WiFi Service or (ii) to disable access to the work(s). It is Comcast's policy in accordance with the DMCA and other applicable laws to reserve the right to terminate access to the XFINITY WiFi Service (or any part of those services) for any user who is either found to infringe third-party copyright or other intellectual property rights, including repeat infringers, or who Comcast, in its sole discretion, believes is infringing these rights. Comcast may terminate access to the XFINITY WiFi Service at any time with or without notice for any affected customer or user. If the affected user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to Comcast. Upon Comcast's receipt of a counter notification that satisfies the requirements of DMCA, Comcast will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that Comcast will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

Copyright owners may send Comcast a notification of claimed infringement to report alleged infringements of their works to:

Comcast Cable Communications Management, LLC
Attn: XFINITY WiFi DMCA Notice
One Comcast Center
Philadelphia, PA 19103
dmca@comcast.net

Any notification of claimed infringement must be in a form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Comcast, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.

If a notification of claimed infringement has been filed against you, you can file a counter notification with Comcast's designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.

Binding Arbitration

a. Purpose. If you are not a subscriber to XFINITY services, and have a Dispute (as defined below) with Comcast regarding the WiFi Service that cannot be resolved directly with Comcast, you or Comcast may elect to arbitrate that Dispute in accordance with the terms of this section (the "Arbitration Provision") rather than litigate the Dispute in court. Arbitration means you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury. Proceeding in arbitration may result in limited discovery and may be subject to limited review by courts.

b. Definitions. The term "Dispute" means any dispute, claim, or controversy between you and Comcast regarding the XFINITY WiFi Service, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Provision. "Dispute" is to be given the broadest possible meaning that will be enforced. As used in this Arbitration Provision, "Comcast" means Comcast and its parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents.

c. Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY COMCAST IN WRITING WITHIN 30 DAYS OF THE LATER OF YOUR USE OF THE WIFI SERVICE AND AGREEMENT TO THE WIFI TERMS, OR APRIL 5, 2013, BY VISITING http://www.comcast.com/webarboptout, OR BY MAIL TO COMCAST 1701 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103-2838, ATTN: LEGAL DEPARTMENT/ARBITRATION. YOUR WRITTEN NOTIFICATION TO COMCAST MUST INCLUDE YOUR NAME, ADDRESS AND EMAIL ADDRESS OR TELEPHONE NUMBER BY WHICH WE CAN CONTACT YOU AS WELL AS 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 DELIVERY OF SERVICES TO YOU BY COMCAST. IF YOU HAVE PREVIOUSLY NOTIFIED COMCAST OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.

d. Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or Comcast elect to resolve your Dispute through arbitration pursuant to this Arbitration Provision, the party initiating the arbitration proceeding may open a case with the American Arbitration Association - Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, 877-493-4185, www.adr.org under the Commercial Arbitration Rules of the American Arbitration Association "AAA".

e. Arbitration Procedures. Because the XFINITY WiFi Service concern interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you access the WiFi Service may apply to and govern the substance of any Disputes. No state statutes pertaining to arbitration shall be applicable under this Arbitration Provision.?If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your dispute with Comcast. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. If there is a conflict between this Arbitration Provision and the rest of these Terms, this Arbitration Provision shall govern.?A single arbitrator will resolve the 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 will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.?If an award granted by the arbitrator exceeds $75,000, either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

f. Restrictions:

  1. YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
  2. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR 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.

g. Location of Arbitration. The arbitration will take place at a location convenient to you in an area where you access the XFINITY WiFi Service.

h. Payment of Arbitration Fees and Costs. COMCAST WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS AND EXPENSES UPON YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, FEES FOR ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN COMCAST’S FAVOR, YOU SHALL REIMBURSE COMCAST FOR THE FEES AND COSTS ADVANCED TO YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE COMCAST FOR ANY OF THE FEES AND COSTS ADVANCED BY COMCAST. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, COMCAST WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.

i. Severability. If any clause within this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision, and the remainder of this Arbitration Provision will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Arbitration Provision will be unenforceable, and the dispute will be decided by a court.?In the event this entire Arbitration Provision is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found by a court to be excluded from the scope of this Arbitration Provision, you and Comcast have each agreed to waive, to the fullest extent allowed by law, any trial by jury.

j. Exclusions from Arbitration. YOU AND COMCAST AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY CLAIM FILED BY YOU OR BY COMCAST THAT IS NOT AGGREGATED WITH THE CLAIM OF ANY OTHER USER OF THE XFINITY WIFI SERVICE AND WHOSE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS; (2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS; (3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF THE WIFI SERVICE; (4) ANY DISPUTE THAT ARISES BETWEEN COMCAST AND ANY STATE OR LOCAL REGULATORY AUTHORITY OR AGENCY THAT IS EMPOWERED BY FEDERAL, STATE, OR LOCAL LAW TO GRANT A FRANCHISE UNDER 47 U.S.C. § 522(9); AND (5) ANY DISPUTE THAT CAN ONLY BE BROUGHT BEFORE THE LOCAL FRANCHISE AUTHORITY UNDER THE TERMS OF THE FRANCHISE.

Miscellaneous

The WiFi Terms in this agreement has been made in and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. By using this WiFi Service, you consent to the exclusive jurisdiction of the state and federal courts in Philadelphia, Pennsylvania, in all disputes arising out of or relating to the WiFi Terms agreement or this WiFi Service, subject to the above dispute resolution section. If any portion of the WiFi Terms agreement is held to be unenforceable, the unenforceable portion shall be severable or 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.

You acknowledge and agree that each member of the group of companies of which Comcast Corporation is the parent shall be a third-party beneficiary to the WiFi Terms and that these other companies shall be entitled to directly enforce, and rely upon, any provision of the WiFi Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or entity shall be a third-party beneficiary to the WiFi Terms.

We hope you enjoy using this WiFi Service, and we welcome suggestions for improvements.

Last revised March 13, 2013

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