Agreement for Optimum Online for Business
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.
Subscriber's use of the Optimum Online Service(s) shall be deemed acknowledgment that Subscriber has read and agreed to these terms of service. Any user who does not agree to be bound by these terms should immediately stop their use of the Optimum Online Service and notify the Cablevision Customer Service Department to terminate the account. This is a legal document.
The Optimum Online Service provides Internet access, as well as access to certain proprietary products of the Optimum Online Service. Through access to the Internet, you also can subscribe to services such as America Online and CompuServe (together with the Optimum Online Services, the "Services") and transact other forms of electronic commerce. Additionally, Optimum Online Ultra 50, Optimum Online Ultra 60 and Optimum Online Ultra 101 may provide advanced features such as web hosting, Dynamic DNS and Static IP as well as the ability to purchase additional services from Third-Party Providers. Subscriber acknowledges that Subscriber may incur charges while using the Services or while engaging in other forms of "e-commerce" (i.e. charges may be incurred as a result of accessing certain information, or purchasing or subscribing to certain offerings via the Optimum Online Service or the Services.) All such charges owed to parties other than Cablevision, including applicable taxes shall be paid by Subscriber to the Services and are not the responsibility of Cablevision.
Through the Optimum Online for Business Service, Subscriber may be able to access the WiFi networks of Cablevision's WiFi Network Partners. Subscriber agrees that use of such WiFi Network Partners' networks will be subject to the respective WiFi Network Partner's terms and conditions of use (including their acceptable use policy) which are incorporated herein by this references, as well as these terms and conditions.
Subscriber acknowledges and agrees that it has the minimum Computer requirements necessary to operate the Optimum Online Service and/or Optimum Online Ultra 50, Optimum Online Ultra 60 and Optimum Online Ultra 101 as outlined in the informational literature provided by Cablevision. Click here for a description of minimum system requirements and recommended system configurations/settings.
In no event shall Cablevision be liable for any failure or interruption of Service, including without limitation those failures and interruptions resulting in part or entirely from circumstances beyond Cablevision's reasonable control. Subject to applicable law, credit with respect to Subscriber's recurring monthly subscription fee shall be given for qualifying outages of the Optimum Online Service. In any event, if there is a known service interruption in excess of twenty-four (24) consecutive hours (or in excess of such lesser time period pursuant to state law), Cablevision, upon prompt notification of such failure or interruption from Subscriber, shall provide Subscriber with a pro-rata credit for charges billed by Cablevision relating to such failure or interruption. Credits or billing adjustments for services billed by a Third-Party Provider shall be subject to the stated billing practices of that Third-Party Provider. In no event shall Cablevision or any Third-Party Provider be liable for any incidental or consequential damages.
Cablevision's system is highly sophisticated and sensitive. Any "break" in the integrity of the cable system will subject the system to "ingress" of radio signals, which will disrupt your service and may affect that of others. Cable modems are not "portable" and are not permitted to operate at any location other than the address that appears on the Subscriber's account. Accordingly, Subscriber agrees that Subscriber will not relocate, move or in any way tamper with or relocate the Optimum Online Service. Notwithstanding the foregoing, upon receipt of a request by Subscriber, Cablevision shall relocate the Optimum Online Service for Subscriber within Subscriber's home at a time mutually agreed to by Cablevision and Subscriber. If the Subscriber moves residences outside of Cablevision's service area, Subscriber shall notify Cablevision that this Agreement shall be terminated and the provisions of Section 14 shall apply to such termination. In all cases, Subscriber shall notify Cablevision pursuant to Section 8 below. Subscriber may incur a charge for such relocation and should consult a current Optimum Online schedule of rates and charges prior to requesting such relocation.
For any inquiries or notices required in connection with this Agreement, Subscriber shall contact Cablevision by writing to:
1111 Stewart Avenue
Bethpage, New York 11714
or alternatively by calling Optimum Online at: (866)575-8000
Cablevision assumes no responsibility and shall have no liability for the condition or repair of any Subscriber provided equipment and/or software. Subscriber is responsible for the repair and maintenance of all such Subscriber provided equipment and software. Cablevision is not responsible or liable for any loss or impairment of Cablevision's Service due in whole or in part to a malfunction, defects or otherwise caused by Subscriber-provided equipment and/or software.
Subscriber agrees to pay any local, state or federal taxes imposed or levied on or with respect to the Optimum Online Service, the Services, the Equipment or installation or service charges incurred with respect to the same.
Subscriber authorizes Cablevision and its employees, agents, contractors and representatives to access and otherwise enter the Subscriber's premises to install, maintain, inspect, and/or repair the Equipment, and upon the termination of the Service, to remove the same from the premises. Cablevision's failure to remove its Equipment shall not be deemed abandonment thereof.
The Agreement and the Equipment supplied by Cablevision are not assignable or otherwise transferable by Subscriber without specific written authorization from Cablevision.
Subscriber acknowledges and agrees that in the event of renewal after cancellation or termination of Optimum Online Service, Subscriber shall be subject to the pricing, warranties, and terms of Optimum Online Service as are effective at the time of such renewal.
The Optimum Online Service provided hereunder is subject to change in accordance with applicable law.
Cablevision assumes no liability for and exercises no control over the content contained in the Internet, the Services or the content of the Optimum Online Service to the extent such content is provided by any Third-Party Provider, including content that is pornographic, obscene, defamatory or otherwise inappropriate or offensive. Further, Cablevision shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the Optimum Online Service, or the Services unless such products, merchandise or prizes are provided directly by Cablevision. Subscriber agrees that Cablevision is not liable for any action or inaction with respect to any such content accessible through the Internet, the Services or the content provided by any Third-Party Provider.
The Optimum Online Service utilizes a network that will allow bi-directional direct access to the Internet, i.e. Subscribers can directly access and respond to direct requests from Internet users outside the Optimum Online Service network. The Network is not intended to protect Subscribers from hackers, computer viruses or malicious codes gaining access to their Computer and as such, Subscribers should not rely on it to provide such functions. Cablevision and Third-Party Providers shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings resulting from, arising out of or otherwise relating to damage to the Subscriber or the Subscriber's Computer resulting from the actions of any other third party including, without limitation, downloaded software, hackers or computer viruses regardless of delivery method for example, but not limited to delivery by email, instant messenger, chat, newsgroups, disc, CD, or DVD.
Subscriber acknowledges that by "clicking" the Acceptance icon below and/or by using the Optimum Online Service, Subscriber is agreeing to the terms and conditions of this Agreement on behalf of all persons who use the Optimum Online Service or the Services through Subscriber's Computer or other devices. Subscriber shall be responsible for ensuring that all Subscribers understand and comply with the terms and conditions of this Agreement. Subscriber acknowledges and agrees that the Subscriber is responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach is the result of use of the Optimum Online Service or Services.
Subscriber shall comply with all of Cablevision's standards for acceptable use with respect to the Optimum Online Service and the Services and shall refrain from any and all illegal and/or inappropriate activities, including without limitation as outlined in the Acceptable Use Policy. The Cablevision Internet Product Acceptable Use Policy will be updated from time to time and the latest version will supersede all prior versions. Please click here for the most updated Acceptable Use Policy.
In addition to the prohibitions outlined in the Acceptable Use Policy, the following restrictions apply:
Subscriber agrees to comply with the terms and conditions of all end user license agreements relative the Optimum Online Services, the Services and any service provided by a Third-Party Provider which Subscriber accesses pursuant to the terms of this Agreement. All such agreements are incorporated in this Agreement by reference. Title and intellectual property rights to the services are owned by Cablevision or any third-party provider of service or products, or otherwise by the owners of such material and are protected by copyright laws and treaties. The reverse engineering of software, copying, distribution, reselling or publication of any part of the Optimum Online Service, the Services or any service provide by a Third-Party Provider without the written consent of Cablevision, an applicable third-party provider of service or products, and/or other owner of such material is prohibited.
The Subscriber agrees to back up all existing computer files by compiling them to another storage medium prior to installation of the Equipment. Cablevision shall have no liability whatsoever for any damage to or loss or destruction of any of Subscriber's software, files, data, or peripherals.
Cablevision reserves the right to run virus checks or provide Subscribers with access to virus check software. Subscriber agrees that Cablevision provides such technology "as is" or "as available" and acknowledges and agrees that Cablevision does not represent, warrant or covenant that the virus check software will detect or correct any or all viruses.
Any Subscriber who, chooses to participate in the Optimum Online Service using other than a single, stand-alone Computer connected to the local segment, if and when this capability is offered or chooses to enable capabilities such as file sharing, print sharing or other capabilities that allows users to gain access to Subscriber's Computer, hereby acknowledges and agrees that the Subscriber does so at the Subscriber's own risk.
Resolving Your dispute with Cablevision through arbitration means You will have a fair hearing before a neutral arbitrator instead of in a court before a judge or jury. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND CABLEVISION EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.
IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY CABLEVISION IN WRITING WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT BY EMAILING US AT NOARBITRATION@CABLEVISION.COM OR BY MAIL TO CABLEVISION RESEARCH & SUPPORT, 200 JERICHO QUADRANGLE, JERICHO, NY 11753 ATTN. ARBITRATION. YOUR WRITTEN NOTIFICATION TO CABLEVISION MUST INCLUDE YOUR NAME, ADDRESS, AND CABLEVISION ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH CABLEVISION THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH CABLEVISION OR THE DELIVERY OF CABLEVISION SERVICES TO YOU. OPTING OUT OF THIS ARBITRATION PROVISION HAS NO EFFECT ON ANY PREVIOUS, OTHER, OR FUTURE ARBITRATION AGREEMENTS THAT YOU MAY HAVE WITH CABLEVISION.
Because the Service(s) provided to You involves interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all disputes under this Arbitration Provision. Any state statutes pertaining to arbitration shall not be applicable. You and Cablevision agree that applicable state law or federal law shall apply to and govern, as appropriate, the substance of all claims or causes of action, remedies, and damages arising between You and Cablevision.
The arbitration will be administered by the American Arbitration Association ("AAA"), 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, under the AAA's Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, as modified by this Arbitration Provision. You may obtain copies of those rules from the AAA at www.adr.org or by calling 1-800-778-7879. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve Your dispute. If this situation arises, or if the AAA for any reason cannot serve as the arbitration organization, the parties shall agree on a substitute arbitration organization or ad hoc arbitration, which will enforce this Arbitration Provision as to the dispute. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization or ad hoc arbitrator that will enforce this Arbitration Provision as written. If there is a conflict between this Arbitration Provision and the AAA rules, this Arbitration Provision shall govern.
A single arbitrator will resolve the dispute between You and Cablevision. Participation in arbitration may result in limited discovery. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect confidential or proprietary information, including subscriber personally identifiable information.
All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Arbitration Provision, or the interpretation of its prohibitions of class, representative, and private attorney general proceedings and non-individualized relief shall be for a court of competent jurisdiction to decide. The Arbitrator is limited and bound by terms of this Arbitration Provision. Although the arbitrator shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law, the arbitrator shall not be bound by rulings in other arbitrations involving different customers. 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. Unless the parties agree otherwise, any arbitration hearings will take place in a location convenient to You in the area where You receive the Service(s). If the amount in dispute is less than $50,000, Cablevision agrees that You may choose whether the arbitration is conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by AAA rules.
If the amount in dispute exceeds $75,000 or the claim seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. 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, subject to any right of judicial review that exists under the FAA. You agree that if You fail to notify Cablevision in writing within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute, then to the fullest extent permitted by law, You waive the right to pursue, in any forum, including arbitration or court, a claim based upon such event, facts or dispute.
Cablevision will pay all arbitration filing, administrative, and arbitrator fees for arbitrations that it commences. If You commence an arbitration, You will be responsible for paying a portion of arbitration fees as follows: If You are seeking relief valued at up to $1,000, Your share of such fees shall be capped at $25, and if You commence an arbitration seeking relief valued at between $1,001 and $10,000, Your share of such fees shall be capped at $100. If You commence an arbitration seeking relief valued at greater than $10,000, arbitration filing, administrative, and arbitrator fees shall be allocated in accordance with the AAA rules. If You cannot pay Your share of these fees, You may request a fee waiver from the AAA. In addition, Cablevision will consider reimbursing Your share of these fees if You indicate You cannot afford them and, if appropriate, will pay directly all such fees upon Your written request prior to the commencement of the arbitration. You are responsible for all additional costs and expenses that You incur in the arbitration, including, but not limited to, attorneys' or expert witness fees and expenses, unless the arbitrator determines that applicable law requires Cablevision to pay those costs and expenses.
If the arbitrator concludes that Your claim is frivolous or has been brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)), then the AAA rules shall govern the allocation of arbitration fees, and You agree to reimburse Cablevision for any amounts Cablevision may have paid on Your behalf. In addition, in such cases, the arbitrator shall have the same discretion that a court would have to require You to pay Cablevision's attorneys' fees and expenses. If Cablevision is the claimant, the arbitrator shall have the same discretion to require Cablevision to pay Your attorneys' fees and expenses if the arbitrator concludes that Cablevision's claim is frivolous or has been brought for an improper purpose.
YOU AGREE TO ARBITRATE YOUR DISPUTE AND TO DO SO ON AN INDIVIDUAL BASIS; CLASS, REPRESENTATIVE, AND PRIVATE ATTORNEY GENERAL ARBITRATIONS AND ACTIONS ARE NOT PERMITTED. You and Cablevision agree that each party may bring claims against the other only in Your or its individual capacity and may not participate as a class member or serve as a named plaintiff in any purported class, representative, or private attorney general proceeding. This Arbitration Provision does not permit and explicitly prohibits the arbitration of consolidated, class, or representative disputes of any form. In addition, although the arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other Cablevision account holders, neither You nor Cablevision may seek, nor may the arbitrator award, non-individualized relief that would affect other account holders. Further, the arbitrator may not consolidate or join more than one person's claims unless all parties affirmatively agree in writing.
If any of the prohibitions in the preceding paragraph is held to be unenforceable as to a particular claim, then that claim (and only that claim) must be severed from the arbitration and brought in court. In that instance, or any instance when a claim between You and Cablevision proceeds to court rather than through arbitration, You and Cablevision each waive the right to any trial by jury through this Agreement.
If any other portion of this Arbitration Provision is determined to be unenforceable, then the remainder of this Arbitration Provision shall be given full force and effect. The terms of the Arbitration Provision shall survive termination, amendment or expiration of this Agreement.
For purposes of this Agreement, the term "Excepted Claims" shall mean claims by either party relating to a party's intellectual property rights or to the unauthorized use, theft, or piracy of Cablevision products or services. In addition, either You or Cablevision may bring claims in small claims court in Your jurisdiction, if that court has jurisdiction over the parties and the action and the claim complies with the prohibitions on class, representative, and private attorney general proceedings and non-individualized relief discussed above. You may also bring issues to the attention of federal, state, and local executive or administrative agencies.
There may be content on the Internet or otherwise available through the Optimum Online Service or the Services 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 offensive, particularly for children. Neither Cablevision nor any Third-Party Providers can assume any responsibility for the content contained on the Internet or otherwise available through the Services. Subscriber must assume the risk of accessing content through the Service, and neither Cablevision nor any Third-Party Providers shall have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Content questions or complaints should be addressed to the content provider. Subscriber is solely responsible for any information that Subscriber publishes or otherwise distributes using the Services, on the web or on other Internet services. Subscriber must ensure that the recipient of the content is appropriate. For example, Subscriber must take appropriate precautions to prevent minors from receiving inappropriate content. Cablevision and any Third-Party Providers reserve the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.
By using the Optimum Online Service or the Services to publish, transmit or distribute content, a Subscriber is warranting that the content complies with this Agreement and authorizes Cablevision and all Third-Party Providers to reproduce, publish, distribute, and display such content worldwide.
Subscriber also agrees not to store, distribute or otherwise disseminate any material or content over the Optimum Online Service in any manner that constitutes an infringement of third party intellectual property rights, including but not limited to copyrights. Cablevision reserves the right to take action at its own discretion and as required by the Digital Millennium Copyright Act, any other applicable laws, rules or regulations, or court order including but not limited to termination of a Subscriber's access to the Optimum Online Service. Alleged infringements will be handled in accordance with the Cablevision Copyright Infringement Policy.
Users must adhere to the Optimum Online email policies set forth in to the Acceptable Use Policy. The following additional restrictions apply to Optimum Online Ultra 50, Optimum Online Ultra 60 and Optimum Online Ultra 101 Subscribers:
Cablevision does not routinely monitor the activity of accounts for violation of these Terms of Service or the Acceptable Use Policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Optimum Online Service.
Neither Cablevision nor any of its distribution affiliates has any obligation to monitor transmissions made on the Optimum Online Service or the Services. However, Cablevision and its distribution affiliates have the right to monitor such transmissions from time to time and to disclose the same in accordance with these terms and conditions.
You hereby authorize Cablevision and its distribution affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Agreement. Such cooperation may include Cablevision providing the username, IP address, or other identifying information about a subscriber.
Upon termination of an account, Cablevision is authorized to delete any files, programs, data, and email messages associated with such account.
The failure of Cablevision or its distribution affiliates to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
You agree that, if any portion of this Agreement is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. The terms of this Agreement and any action for its enforcement shall be exclusively governed by, and construed in accordance with, the laws of the State of New York.
Optimum Online Service may offer additional third-party services to subscribers at no extra cost or for an additional fee. Subscribers agree to the following restrictions pertaining to third party services:
Cablevision may, in its sole discretion, change, modify, add or remove portions of this Agreement at any time. Cablevision may notify Subscriber of any such changes to this agreement by posting notice of such changes on the Optimum Online website, or sending notice via email or postal mail. The Subscriber's continued use of the Optimum Online Service 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 Agreement, Subscriber must immediately cease using the Optimum Online Service and notify Cablevision that Subscriber is terminating this Agreement in accordance with Section 14(A) of this Agreement. Additionally, this Agreement may be superseded by an Optimum Online user subscription agreement subject to your approval, which shall be indicated by your use of the Optimum Online service described herein.
Subscriber agrees that in the event of termination for any reason, neither Cablevision nor the applicable Boost, Boost Plus or Ultra Third-Party Provider shall have any liability to Subscriber.
The Optimum provided wireless router ("Optimum Router") is a service available to certain Subscribers and provides wireless access to the Optimum Online Service within the Subscriber's service location ("Local Network"). The Optimum Router comes programmed with certain default settings and configurations for the Local Network. Subscribers may modify certain of the default settings and configurations on the Optimum Router although Cablevision recommends maintaining the default configuration and settings. Cablevision does not guarantee the security of the Optimum Router and Subscriber's connection to Optimum Online Services via the Local Network. Subscriber understands and agrees that Subscriber is solely responsible for the security of his/her Local Network. The Optimum Router is preconfigured to distribute a second wireless network (i.e. an Optimum WiFi Hotspot) in addition to the Local Network. This Optimum WiFi Hotspot is separate from the Local Network and is accessible by certain authorized Optimum WiFi users. The Local Network is encrypted and has separate security settings from the Optimum WiFi Hotspot. Subscriber may contact Cablevision as indicated in Section 8 to turn off the Optimum WiFi Hotspot. Subscriber understands that simultaneous connections to both the Local Network and the Optimum WiFi Hotspot may not be available and that after a device is connected to the Local Network, the primary connection for the Subscriber and any devices using Subscriber's login credentials, while in the service location, is to the Local Network. Any use of bandwidth from such wireless access point by third parties, will not be considered to be use by the Subscriber for any purpose. The Optimum Router will collect and maintain certain information regarding access to and use of the Local Network, which information shall include but not be limited to device identifiers, device name, device type, applications and protocols, connections, and traffic flows. Such information will be used by Cablevision to provide Optimum Online Services and support as well as for Cablevision's internal business analytics regarding the use of the Optimum Online Services. Subscriber acknowledges and agrees that Cablevision shall have access to the password associated with the Optimum Router in order to provide support and diagnostic services. Cablevision reserves the right to modify the password for the Optimum Router in order to safeguard Internet security, the security and privacy of Subscriber information, where required by law, and/or for other good cause to provide, upgrade and maintain the Optimum Online Services, and protect the network, other users of the Internet, or our Subscribers. Cablevision shall notify Subscriber of any such password modifications. Subscriber acknowledges that the Optimum Router is Cablevision Equipment.
Effective May 13, 2016