
Business Premier Protection & Support Terms of Service
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT THAT AFFECTS YOUR RIGHTS, INCLUDING THE WAIVER OF CLASS ACTIONS AND JURY TRIALS. THE AGREEMENT ALSO CONTAINS PROVISIONS FOR OPTING OUT OF ARBITRATION. PLEASE REVIEW IT CAREFULLY.
Business Premier Protection & Support is an optional monthly plan available to current Optimum and Suddenlink Business Subscribers which includes (a) technical support services for devices within your immediate service location that can connect to your wireless network ("Support Services"), (b) access to a protection plan for certain qualifying products against failure due to breakdown ("Protection Plan"), and (c) access to the Premier Protection & Support mobile application ("Support App"). The Support Services, Protection Plan and Support App may be referred to, collectively, as "BPPS," the "Services" or the "BPPS Plan."
The Protection Plan and Support App are provided to Subscribers directly by Asurion Technology Services, Inc. and Asurion Mobile Applications, LLC respectively and subject to the separate terms and conditions of the Protection Plan with mobile protection (available for Optimum Subscribers here and Suddenlink Subscribers here) or Protection Plan without mobile protection (available for Optimum Subscribers here and Suddenlink Subscribers here), as applicable, Support App end-user license agreement (available for Optimum Subscribers here and Suddenlink Subscribers here) and the Asurion Privacy Policy (available here) each of which is independent of this TOS. Optimum and Suddenlink Subscribers should review these separate and respective terms and conditions prior to enrollment and use.
(1) Optimum Subscribers are subject to the following Terms of Service ("TOS") which incorporate and include the General Terms and Conditions of Service, Agreement for Optimum TV, Agreement for Optimum Online and Agreement for Optimum Voice, the Customer Privacy Notice, as applicable, and as such may be updated from time to time (collectively, the "Optimum Terms of Service"); and (2) for Suddenlink Subscribers, the Commercial Service Agreement and Privacy Policy, and as such may be updated from time to time (collectively, the "Suddenlink Terms of Service"). Except as provided in Section 3, in the event of any conflict between these TOS and (a) the Optimum Terms of Service, the Optimum Terms of Service shall control; or (b) the Suddenlink Terms of Service, the Suddenlink Terms of Service shall control.
Subscriber's use of BPPS shall be deemed acknowledgement that Subscriber has read and agreed to this TOS. Any Subscriber who does not agree to be bound by this TOS should immediately stop their use of BPPS and notify the appropriate Optimum or Suddenlink Customer Service Department to terminate the account. This is a legal document.
In the TOS: (a) "Altice," "We," "Us" and "Our" means CSC Holdings, LLC and Cequel Communications, LLC and their respective parents, subsidiaries, branches, affiliates, third-party providers, agents, contractors, employees, successors and assigns; and (b) "Subscriber," "You" and "Your" mean an individual who accesses or uses the Services, as well as any person or entity represented by that individual.
Subscribers may cancel BPPS at any time. Optimum Subscribers may cancel BPPS by calling (888) 705-7171. Suddenlink Subscribers may cancel BPPS by calling (855) 270-5527. Cancellation of BPPS is processed in the following manner:
The Optimum Customer Privacy Notice available here and the Suddenlink Privacy Policy available here explain our policies with respect to our collection, use and disclosure of information related to or derived from Optimum Subscribers' and Suddenlink Subscribers' use of BPPS. Please read the corresponding privacy notice or policy carefully and completely. It is incorporated by reference into this TOS, and by using BPPS, You consent to our collection, use and disclosure of your information as set forth in that notice. If you know or suspect that the passwords associated with or stored on Your Supported Device have been available to or accessed by anyone as a result of your use of BPPS, You should immediately change or reset those passwords.
In some circumstances, you may need to purchase additional equipment or software to receive the full benefit of BPPS, and you may incur data usage charges when using BPPS. In those circumstances, you are fully and solely responsible for the cost of any such equipment or software and the payment of any such charges.
Altice may, at its option, terminate this Agreement for any reason whatsoever, including, but not limited to, if Subscriber or any user of Subscriber's account or services violates or breaches this Agreement and/or any Altice terms of service and agreements incorporated herein by reference, in all cases as determined in Altice's sole good faith discretion. Additional grounds for termination include, for example, when a Subscriber's credit card issuer refuses a charge or any other payment method fails.
It shall be a violation of this Agreement for Subscriber or any user of Subscriber's account or services (i) to engage in any conduct prohibited by this Agreement (or by any terms and conditions incorporated herein by reference); or (ii) not to engage in conduct required by this Agreement, each case determined in Altice's sole good faith discretion. In addition, whether or not the conduct set forth below is elsewhere prohibited by this Agreement, it shall be a violation of this Agreement if:
Subscriber agrees that in the event of termination by Altice, Altice and all Third-Party Providers shall have no liability to Subscriber or any user of Subscriber's account or services. Failure of Altice to remove Equipment, if applicable, shall not be deemed an abandonment thereof. Subscriber shall pay reasonable collection and/or attorney's fees to Altice in the event that Altice shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement.
Additionally, unless expressly prohibited by law, Subscriber also understands and agrees that in the event of termination by Altice, Altice, in its sole good faith discretion, may decline or reject a new application for service or block access to or use of any component of the Optimum or Suddenlink Services by Subscriber or any former user of Subscriber's account or services.
The arbitration provision applicable to Optimum Subscribers may be found in Section 22 of the General Terms and Conditions of Service and is hereby incorporated by reference. The arbitration provision applicable to Suddenlink Subscribers may be found in Section 14 of the Commercial Service Agreement and is hereby incorporated by reference.
You agree that all copyrights, patents, trademarks, trade secrets and other intellectual property or proprietary rights associated with BPPS are the exclusive property of Altice or its third party providers, and all such rights not expressly granted to You in this TOS are hereby reserved and retained by Us. If You submit comments or ideas about BPPS, including ways to improve BPPS or other of Our products or services ("Ideas"), You agree that Your submission is gratuitous, unsolicited and without restriction. It does not place Us under any fiduciary or other obligation, and We are free to use the Ideas without compensation to You and/or to disclose the Ideas to anyone on a non-confidential basis. You further acknowledge that Altice does not, by acceptance of Your submission, waive any rights to use similar or related ideas previously known to Us, or developed by Our employees or obtained from sources other than You.
This TOS and any rights or licenses granted hereunder may not be transferred or assigned by You, but may be transferred or assigned by Altice, without restriction. Any attempted transfer or assignment in violation of this provision is null and void.
If any term of this TOS is found to be invalid or unenforceable, that term should be modified to the extent possible to make it valid or enforceable without losing its intent and purpose. If no such modification is possible, the term should be severed from this TOS. Any failure to enforce a right or term of this TOS shall not be deemed a waiver of that right or term.
This TOS shall be exclusively governed by, and construed in accordance with, the laws of the State of New York for Optimum and Suddenlink Subscribers.
This Agreement constitutes the entire agreement between the Subscriber and Altice for BPPS. No undertaking, representation or warranty made by any agent or representative of Altice in connection with the Services shall be binding on Altice except as expressly included herein.
Altice may, in its sole discretion, change, modify, add or remove portions of this TOS at any time. Altice may notify Subscriber of any such changes to this TOS by posting notice of such changes on the Optimum and Suddenlink websites or sending notice via e-mail or postal mail. The Subscriber's continued use of the Services following notice of such change, modification or amendment shall be deemed to be the Subscriber's acceptance of any such modification. If Subscriber does not agree to any modification of this TOS, Subscriber must immediately cease using the Services and notify Altice that Subscriber is terminating the Services.
Effective May 18, 2017