Agreement for Optimum SIP Trunking Service

CSC Holdings, LLC ("Altice") is pleased to provide its Optimum SIP Trunking Service to you in accordance with these terms and conditions of service, which terms and conditions incorporate and include the General Terms and Conditions of Service, the Agreement for Optimum Online for Business, and the Customer Privacy Notice, as they may be changed from time to time.

Subscriber's use of the Optimum SIP Trunking 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 SIP Trunking Service and notify the Altice Customer Service Department to terminate the account. This is a legal document.

  1. Optimum SIP Trunking Service: Altice's Optimum SIP Trunking digital phone service provides unlimited calling within the United States, Puerto Rico, Canada and the US Virgin Islands in connection with Altice's Optimum Online service in accordance with the following terms of service.

  2. Monthly Service Fee: Subscriber agrees to pay the monthly service charge for the Optimum SIP Trunking Service. Optimum SIP Trunking Service is offered only as an additional service of Altice's Optimum Online offering and may not be purchased as a stand-alone service. Optimum SIP Trunking Service is offered only to the Altice authorized address where Optimum Online service is provided. Altice reserves the right to increase or decrease the fee for any services offered. Fees for Optimum SIP Trunking Service shall be posted at the https://www.optimum.com/business/ Web site. Optimum SIP Trunking Service will be terminated in the event the Subscriber does not pay.

  3. Optimum SIP Trunking Service Features:
    1. Unlimited local, regional and long distance calling within the United States, Puerto Rico, Canada and the US Virgin Islands including 800 service, caller ID with name, caller ID blocking, call forwarding, anonymous calling, anonymous call blocker, straight line white pages directory listing for the designated pilot telephone number, Optimum Voice for business Web portal, and unlimited inbound calling. Direct-dial calls outside of the U.S. are available only with the Optimum Voice for Business International Calling Plan at an additional per minute charge. Optimum SIP Trunking Service does not support busy line verification, busy line interruption, and operator assisted calling (including person to person and station to station calling), pay services or third-party billing. Call forwarding is not available outside the continental U.S.
    2. Optimum SIP Trunking Service is available with four (4) to twenty four (24) simultaneous call sessions and Direct Inward Dial (DID) Telephone numbers. Call sessions are purchased in increments of one (1), however, a minimum purchase of four (4) sessions is required. Ten (10) DID numbers are included with the service, one (1) of which shall be the designated pilot telephone number. Up to nine (9) additional blocks of ten (10) DID numbers can be purchased for an additional charge for each block.
    3. Optimum SIP Trunking Service will associate the Subscriber's business name with the Subscriber's designated pilot telephone number to be displayed in association with Caller Name (CNAM) lookup services provided by Optimum Voice and other telecommunications service providers for all calls made from any of the DID numbers on the account.

      In the event that Subscriber wishes to modify the Caller Name, Subscriber agrees to the following: Caller Name submissions(s) shall not mislead or impersonate any person or company; Caller Name submission(s) shall not contain false information and accurately represent the name of the company that subscribes to the service and is included in directory listings; Caller Name submission(s) shall not contain abusive, defamatory, vulgar, obscene, racist or any other language objectionable to any person or entity as determined by Altice or the publisher in its sole discretion; and Caller Name submission(s) shall comply with all relevant laws, rules and regulations.

    4. Enhanced 911 (E-911) is a feature of the Optimum SIP Trunking 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:

      1. The emergency service provider handling the E-911 call, and the address the emergency service provider will see, are linked to the address Altice has on file when Altice originally installed the Optimum Online Service. If Subscriber uses the service to originate calls from an address other than the address Altice has on file when Altice originally installed the Optimum Online Service or any such equipment is moved away from such 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 Altice of any change in service address.

      2. If there is a local power outage at the Subscriber premises, the Optimum SIP Trunking Service will continue to function for as long as the battery is functional. However, if there is a disruption to the cable network or facilities, Optimum SIP Trunking Service will not function even if the battery is still functional. Subscriber understands that in such cases it will not be possible to place or receive calls including calls to access emergency 911 services. It is Subscriber's responsibility to monitor the battery capacity and functionality and notify Altice of any battery failure or defects. Altice will provide a replacement battery in the event a battery is not functional or otherwise defective.

      3. IMPORTANT INFORMATION. Please be aware that during the first 72 hours of arriving at a new service address, if the Subscriber dials 911, the Subscriber must relay to the emergency service operator the new (current) service address. This is necessary to ensure emergency services are dispatched to the new service address and not the old service address in the event the emergency services operator may not have the new registered location in their records. If there is a disruption to the cable network or facilities, the phone service will not work. Subscriber understands that in such cases it will not be possible to place or receive calls including calls to access emergency 911 services.

    5. Optimum Voice for Business International Calling available to Optimum SIP Trunking Service Subscribers:

      Optimum Voice offers an International Calling Service for direct-dialed calls made from the Subscriber's business or from any phone via the Optimum Voice International Calling remote access number to destinations outside of the United States ("U.S."), Puerto Rico, Canada, and the U.S. Virgin Islands at per minute rates. The Optimum Voice International Calling Service is automatically enabled for each line, including the SIP Trunk Pilot telephone number. In order to activate the International Calling Service, Subscriber must login to the Optimum SIP Trunking Account Center and activate the service on the desired line(s). Audio-text lines/destinations are excluded from Optimum Voice International Calling.

      IMPORTANT: It is the customer's responsibility to properly secure their own phone system and network, including but not limited to securing the private branch exchange ("PBX") to prevent the PBX from being compromised and fraudulent calls from being made. If fraudulent calls are detected, Altice reserves the right to disable International Calling without prior notice until the customer properly secures their phone system (including the PBX) or network. Customers are responsible for all charges incurred as a result of an unsecured phone system or network.

      1. Monthly International Plan Charge: Subscriber will be charged a monthly international plan charge upon activating International Calling. The monthly international plan charge covers all lines on the account and is charged to the account even when no international calls are made.

      2. Per Minute Rates: The per minute rates vary by destination and are posted at: https://business.optimum.net/international/popRatesNew. The per minute rates are subject to change at any time and any updates will be effective upon posting at: https://business.optimum.net/international/popRatesNew. Charges for Optimum Voice International Calling at the per minute rates will appear on Subscriber's monthly billing statement for the relevant usage cycle (the "Usage Cycle"). Optimum Voice International Calling will be billed in sixty (60) second increments and rounded up to the nearest sixty (60) second increment.

      3. Calling Limits:
        1. Altice reserves the right to impose limits on the unpaid balance for Optimum Voice International Calling charges incurred by Subscriber during a Usage Cycle (the "Calling Limit"). Altice shall have the right to modify Calling Limits, either on an individual Subscriber basis or as applied to all Subscribers, in its sole discretion and impose varying Calling Limits depending on Subscriber's account status.
          1. Subscribers in good standing with Optimum Voice service for less than ninety (90) consecutive days have a Calling Limit of One Hundred and Seventy Five Dollars ($175) per Usage Cycle; and

          2. Subscriber in good standing with Optimum Voice service for ninety (90) or more consecutive days have a Calling Limit of Three Hundred and Fifty Dollars ($350) per Usage Cycle.

        2. Subscriber may create a "Calling Limit" whereby Subscriber sets a maximum aggregate amount of fees for Optimum Voice International Calling that can be accrued during a Usage Cycle which amount is lower than the Calling Limit imposed by Altice. Except as described below, Subscribers will not be able to complete Optimum Voice International Calling calls in the event they have reached the Altice-imposed Calling Limit or the Subscriber-designated Calling Limit.
      4. Remote Access Feature: Subscribers can use the remote access feature with Optimum Voice International Calling at per minutes rates while away from Subscriber's place of business. Subscriber understands that when using the remote access feature to make Optimum Voice International Calling at per minute rate, additional third party charges may also apply (i.e., pay phone charges, cellular charges, or hotel phone system charges, etc.).

    6. Subscribers of the Prepaid International Calling Plan may find more information at: https://www.optimum.net/pages/OV/Prepaid-Business.html.

    7. Optimum SIP Trunking Subscribers may combine their trunk service with Optimum Voice telephone lines, however, Subscriber can have no more than a combined total of 24 sessions and/or OV telephone lines at a service location. Subscribers may not combine the services from multiple service locations or accounts into a shared telephone system infrastructure for the purpose of increasing the aggregate call capacity at a single service location beyond this limit.

    8. Optimum SIP Trunking Service provides the option to hide calling ID information for all calls through the My Optimum Voice web portal. However, if Subscriber is calling an Optimum Voice Toll Free number, calling ID information (Name and Telephone Number) will be displayed to the owner of the Toll Free number regardless of the feature is active or not.

  4. Optimum SIP Trunking Equipment and Installation:
    1. Service outages: If there is a disruption to the cable network or facilities, or if the broadband connection is disrupted or not operating, Optimum SIP Trunking Service will not work. Subscriber expressly acknowledges that in such cases Enhanced 911 service will not work.

    2. Analog Devices: Altice does not support the use of analog devices such as fax machines, point of sale devices, and data modems with the Optimum SIP Trunking Service. Analog devices should not be connected to PBX equipment using the Optimum SIP Trunking Service.

    3. Alarm Systems: Altice does not support the use of Optimum SIP Trunking as a connection between (i) high security monitoring systems (UL 681 or similar) or (ii) fire alarm systems (UL 864 or similar). If you have any such systems, you must maintain an alternative connection.

    4. Medical Alert Systems: Altice prohibits the use of Optimum SIP Trunking Service as the connection between medical alert systems and central station monitoring, and will neither connect to such services nor provide technical support for the connection.

    5. Limitations on operator assisted calls: Currently, certain operator assisted services such as busy line verification, busy line interruption and operator assisted calling (including person-to-person and station-to-station calling), dial around services (10-10-XXX), pay services (900 and 976 services), collect calling and third-party billing are not offered with the Optimum SIP Trunking Service.
    6. IP-PBX and PRI Based Systems: Optimum SIP Trunking Service is only available for use with certain IP-PBX systems. Optimum SIP Trunking Service is only available for use with certain IP-PBX and PRI based systems. SIP Trunking Service is available for use with PBX systems that support a standard PRI interface connection. Optimum SIP Trunk Service supports only the following PRI protocols: NI2, 5ESS, 4ESS and DMS100. PRI based PBX system must support at least one of these protocols for SIP Trunking Service to operate. A list of supported IP-PBX systems is available at www.optimumbusiness.com/sip. Subscribers must maintain Altice recommended software release levels to ensure proper operation of phone system equipment.

    7. Equipment and Installation: Subscribers of Optimum SIP Trunking Service will be provided with a network interface device and modem with its own power supply when installed at the Subscriber premises. The sole purpose of the network interface device is to facilitate configuration of the SIP Trunk Service and will be the service demarcation point. This equipment is the property of Altice and is provided to Subscriber for its use only during the period of time Subscriber is an Optimum SIP Trunking Service subscriber in good standing. Subscriber is responsible for returning the network interface device and modem upon service disconnect. If this equipment is not returned the Subscriber will be billed for the equipment at the then current rate for such equipment.

  5. Incorporation of Altice's Agreement for Optimum Online: Optimum SIP Trunking Service is offered as an additional service of Altice's Optimum Online service offering. Subscriber agrees that the Agreement for Optimum Online for Business is incorporated into this Agreement and shall apply to Optimum SIP Trunking Service. The terms of this Optimum SIP Trunking Service Agreement shall control in the event of any conflict with the provisions of the Agreement for Optimum Online for Business.

  6. Term: Optimum SIP Trunking Service shall continue until such time as terminated by Subscriber, which shall be effective upon one (1) day's notice, or terminated by Altice for breach (including nonpayment) of this Agreement or the Agreement for Optimum Online for Business or otherwise terminated by Altice in accordance with its General Terms and Conditions of Service.

  7. Force Majeure: Altice shall not be liable for any failure of performance or equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, or other catastrophes; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over Altice, or of any department agency, commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or of any civil or military authority; national emergencies; insurrection; riots, wars; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties.

  8. Limitation of Liability: Optimum SIP Trunking Service is provided "AS IS." The liability of Altice for damages arising out of the furnishing of services hereunder, including but not limited to mistakes, omissions, interruptions, delays or errors or other defaults, representations or use of these services or arising out of the failure to furnish the Optimum SIP Trunking Service, whether caused by acts of commission or omission shall be limited to a allowance for the time period of any Optimum SIP Trunking Service interruption. Altice shall not be liable for any direct, indirect, special, consequential, exemplary or punitive losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries that a Subscriber may suffer. Finally, Altice shall not be liable for any loss or interruptions in service or for any damages or losses due to the fault or negligence of the Subscriber, or any Authorized User, or any other party or person(s), or due to the failure or malfunction of Subscriber-provided or Authorized User-provided equipment or facilities due to the failure of the Subscriber to fulfill any obligation under this Agreement.

  9. Prohibited Uses: Optimum SIP Trunking Service may be not be used for purposes including, but not limited to, telemarketing, call center services, medical transcription, facsimile broadcasting, auto-dialers, predictive dialers, resell purposes, or engineered calling to utilize Optimum SIP Trunking Service for business solely for outbound calling or permitting others to call another person or company so frequently or at such times of the day or in such a manner as to harass, abuse or torment such other person(s) or company including the use of profane or obscene language. Altice reserves the right to disconnect without notice any prohibited transmissions or uses, including the use of the service by Subscriber that injuriously affects the efficiency of Altice's personnel (direct or subcontracted), plant or property and to terminate service in the event of violation of the foregoing use restrictions.

  10. Amendment: Altice may, in its sole discretion, change, modify, add or remove portions of this Agreement. Altice may notify Subscriber of any such changes by posting notice of such changes on the Optimum Web site, or sending notice via e-mail or postal mail. Subscriber's continued use of the Optimum SIP Trunking Service following notice of such change, modification or amendment shall be deemed to be 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 SIP Trunking Service and notify Altice that Subscriber is terminating Optimum SIP Trunking Service. In addition, this Agreement is subject to change in compliance with applicable law.

  11. Directory Listing: Optimum SIP Trunking Service offers a directory listing capability that enables Subscriber to list the designated pilot telephone number in the local print White Pages as well as 411 Directory Assistance in accordance with the following:
    1. Directory Listing Submission
      1. Subscriber agrees to authorize Altice to submit the directory-listing request to the local print telephone White Pages and 411 Directory Assistance.
      2. For a new listing submission, Altice will submit a single entry, straight line listing to the local directory as well as 411 Directory Assistance. Subscriber's directory listing may not be available in 411 Directory Assistance for up to 2-3 business days subsequent to a directory listing update request.
      3. A Directory Listing is available for the SIP Trunk Pilot Telephone Number. Directory Listing(s) for DID's are not available.
    2. Directory Listing Availability
      1. Directory listing submissions (additions/updates/deletes) will be reflected in 411 Directory Assistance in approximately 2-3 business days and in the applicable local print White Pages upon their next publication.
      2. Subscriber directory listings remain in 411 Directory Assistance and the applicable local print White Pages as long as the subscriber maintains their applicable Optimum Voice for Business service.
      3. Subscriber agrees that:
        1. They have the authority to add/update/delete Directory Listings associated with Subscriber's account;
        2. Directory listing submission(s) do not mislead or impersonate any person or company; and
        3. Directory listing submission(s) do not contain false listing information.
        4. Directory listing submission(s) must not contain abusive, defamatory, vulgar, obscene, racist or any other language objectionable to any person or entity as determined by Altice or the publisher in their sole discretion.
    3. Directory Listing of Toll Free numbers:
      Optimum SIP Trunking Service offers a directory listing capability that enables Subscribers of Optimum Toll Free service to list their Toll Free number in the local White Pages print directory and 411 Directory Assistance. Subscriber who wishes to list their Toll Free number in the Yellow Pages directory or any other directory should negotiate a contract with the publisher directly. Participation in the Toll Free 1-800-555-1212 Directory Assistance or www.Tollfreeda.com web site is not available to Optimum Voice Toll Free listings. When a Toll Free number is transferred over to Optimum SIP Trunking Service the previous provider will remove the listing from 1-800-555-1212 and www.Tollfreeda.com.
    4. Subscriber agrees to hold Altice harmless against any and all claims for damages caused or claimed to have been caused, directly or indirectly, by the publication of the number of a non-published service or the disclosing of said number to any person. Altice shall not be held liable for any errors or omissions in the directory listing, whether arising through negligence or otherwise, in the information furnished and the Subscriber shall save Altice harmless against all claims that may arise from the use of such information.

  12. Entire Agreement: No undertaking, representation or warranty made by any agent or representative of Altice in connection with the sale, installation, maintenance or removal of Optimum SIP Trunking Service shall modify or amend this Agreement posted at https://business.optimum.net/terms/ovbusiness/bt.

Effective October 10, 2016