Agreement for Optimum Voice for Business
THESE CABLEVISION TERMS OF SERVICE GOVERNING YOUR USE OF OPTIMUM VOICE FOR BUSINESS INCLUDE A BINDING ARBITRATION PROVISION SET FORTH IN PARAGRAPH 9 WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF ARBITRATION.
CSC Holdings, LLC, formerly CSC Holdings, Inc., ("Cablevision") is pleased to provide its Optimum Voice for Business Service to you in accordance with these terms of service, which terms and conditions incorporate and include the General Terms and Conditions of Service, the Agreement for Optimum Online and Optimum Online Boost for Business, and the Cablevision Customer Privacy Notice, as they may be changed from time to time.
Subscriber's use of the Optimum Voice for Business Service shall be deemed acknowledgment that Subscriber has read and agreed to these terms of service. Any Subscriber who does not agree to be bound by these terms should immediately stop their use of the Optimum Voice for Business Service and notify the Cablevision Customer Service Department to terminate the account. This is a legal document.
Enhanced 911 ("E-911") is a feature of the Optimum Voice for Business service that allows emergency operators to automatically know the telephone number and address of the dialing party.
This E-911 feature has certain requirements in order to operate, as well as certain limitations:
The emergency service provider handling the E-911 call, and the address the emergency service provider will see, are linked to the address Cablevision has on file when the Subscriber originally signed up for service. If the Subscriber does not correctly identify where the Subscriber's voice-enabled cable modem is actually located, or if the voice-enabled cable modem is moved away from the original address, the Subscriber's 911 calls may be misdirected to the wrong address or to the wrong emergency service provider.
Therefore, in order to have 911 calls routed correctly, the Subscriber acknowledges responsibility to promptly notify Cablevision of any change in service address.
Optimum Voice for Business offers professional installation: the voice-enabled cable modem will be provided on a free to use basis (See section 5). Optimum Voice for Business provides a business wiring solution that enables customers to use Optimum Voice for Business as standard telephone lines. Cablevision will use a network interface device (NID), a common connectivity panel used in commercial locations and the NID will be the demarcation point for the Optimum Voice for Business service. Cablevision will connect the wiring from the cable modem to the NID. An existing cable modem for Optimum Online might not be located near the NID on the Subscriber premise. Cablevision will determine the best method of installation and location of the modem to deliver the service at the time of installation.
Cablevision will be responsible for delivering dial tone to the demarcation point (NID) only. Subscriber will be responsible for wiring from the NID out to the individual phone(s). Cablevision reserves the right to determine the manner in which the business wiring solution is executed. In certain cases, Cablevision may be required to alter or adapt the Subscriber's inside wiring so that Optimum Voice for Business is available on the existing phones. Optimum Voice for Business does not offer a wire maintenance plan. The Subscriber is solely responsible for maintaining all inside wire and phones within the business. Optimum Voice for Business will troubleshoot and fix reported problems for a specified service charge. The service charge is based on the then current rate in effect.
In certain buildings such as multiple dwelling units, Optimum Voice for Business may not have access to the Subscriber's inside wiring located within the business. In these instances, Cablevision has the right to determine how best to wire the Subscriber's business.
Alarm Systems. If Subscriber has a centrally monitored system, which is not (i) a high security monitoring system (UL 681 or similar) or (ii) an emergency medical alert system, Optimum Voice for Business will be wired so that it may be available for use with such system. This request must be made at the time of sale. Although Optimum Voice for Business will supply a connection that will allow the operation of Subscriber's existing business security system, Optimum Voice for Business does not guarantee that any such system will be in complete operational order following the installation of Optimum Voice for Business. As such, it is Subscriber's obligation to contact their security system provider to inform them of your Optimum Voice for Business installation and any change in phone number and to request a complete operational test of such system immediately following installation of Optimum Voice for Business service. In addition, it is your responsibility to test your system on a regular basis. Optimum Voice for Business installation will insure proper wiring from the cable modem to the Cablevision demark (NID/wiring block). However, any inside wiring from the NID/wiring block to the alarm panel is Subscriber's responsibility. In the event of a large-scale power outage or network outage (whether unplanned or maintenance related), Optimum Voice for Business service, including any security system, which uses Optimum Voice for Business to connect to central station monitoring, will not function.
Cablevision does not support the use of Optimum Voice for Business as a connection between medical alert systems or, (ii) any high security monitoring systems (UL 681 or similar) and the central station monitoring and Subscriber must maintain an alternate connection. Cablevision does not support the use of Optimum Voice for Business as a connection between fire alarm systems (UL 864 or similar) and the central station monitoring for service locations in Pennsylvania. If Optimum Voice for Business is used as a connection between fire alarm systems (UL 864 or similar) and the central station monitoring for a Subscriber service location as permitted hereunder, Subscriber agrees that it will be solely responsible for contacting its authorized central station monitored fire alarm system provider to test and verify that the central station monitored fire alarm system is in good working order following Cablevision's Service installation, including the testing of proper line seizure functionality and the successful transmission of signals at the supervising station.
Resolving your dispute with Cablevision through arbitration means you will have a fair hearing before a neutral arbitrator instead of in a court by 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 TO PARTICIPATE IN A CLASS ACTION.
IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY CABLEVISION IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST RECEIVE 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. IF YOU HAVE PREVIOUSLY NOTIFIED CABLEVISION OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
Because the Service(s) provided to you concerns 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"), 335 Madison Ave., Floor 10, New York, NY 10017-4605, 1-800-778-7879, www.adr.org under the AAA's Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes. 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, including the scope of this Arbitration Provision, but the Arbitrator is limited and bound by terms of this Arbitration Provision. 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 you 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 on a telephonic hearing, or by an in-person hearing as established by AAA rules.
If an award granted by the arbitrator exceeds $75,000 or includes any form of injunctive relief, either party can appeal that 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, except for any appellate right that exists under the FAA.
You agree that if You fail to contact Cablevision within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute, You waive the right to pursue, in any forum, including arbitration or court, a claim based upon such event, facts or dispute.
YOU AGREE TO ARBITRATE YOUR DISPUTE ON A SOLELY INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. You and Cablevision agree that the other may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. This Arbitration Provision does not permit and explicitly prohibits the arbitration of consolidated or class action disputes. No claim may be brought on behalf of the general public or as a private attorney general or on behalf of other subscribers or similarly situated persons unless the statute you are suing under provides for such actions. No claim subject to arbitration hereunder may be combined with a claim subject to resolution before a court of law.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief. Such injunctive relief may only be awarded to the extent necessary to (i) provide relief warranted by that party's individual claim and (ii) to return that party to the position it occupied before its claim arose. The arbitrator's authority to award injunctive relief is limited solely to the relationship between the claimant and Cablevision. The arbitrator may not award injunctive relief to any person or entity other than the claimant or that would interfere with the operation of the cable system. Further, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
CABLEVISION WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR'S COSTS AND EXPENSES UPON YOUR WRITTEN REQUEST 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, ATTORNEYS OR EXPERT WITNESSES.
IF THE ARBITRATION PROCEEDING IS DECIDED IN CABLEVISION'S FAVOR, YOU SHALL REIMBURSE CABLEVISION 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 CABLEVISION FOR ANY OF THE FEES AND COSTS ADVANCED BY CABLEVISION.
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, CABLEVISION WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.
If the ban on class action or class arbitration contained in this Arbitration Provision is held to be unenforceable, then the sections of this Arbitration Provision requiring arbitration of claims will be unenforceable, and the claim will be decided 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 portion of this Arbitration Provision besides the ban on consolidation and class actions is determined to be unenforceable, then the remainder of this Arbitration Provision shall be given full force and effect. The terms of this paragraph 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 (a) relating to a party's intellectual property rights; (b) relating to the unauthorized use, theft, or piracy of products or services; (c) in which the aggregate amount in controversy may be heard in a small claims court in your jurisdiction, in which case either party can proceed to that court; or (d) which a party may bring before a regulatory authority or agency empowered by applicable law, provided, however, that the claim is not a collective or class action or brought on behalf of the general public, as a private attorney general, or in any other representative capacity.
Effective September 17, 2012