Acceptable Use Policy - Big Apple Connect by Optimum

 

This Acceptable Use Policy ("AUP") has been created to promote the integrity, security, reliability, and privacy of Altice's Internet Product Network (the "Service"). The AUP works in conjunction with the Terms of Service ("TOS") of each particular product as set forth in each Agreement for service and specifies actions that are prohibited by users of the Service. The TOS for the Service (Internet Access) are as follows:

Additional terms and policies may apply to additional services, each available at https://www.optimum.com/terms-of-service. Altice reserves the right to modify the AUP at any time, provided however that any changes will not impose additional obligations or liability on the customer and shall only be effective upon written notice to the customer. The parties agree that the then current version of the AUP applicable to all other customers to be maintained by Altice and posted on Altice's website will not supersede this document.

Use of the Service is subject to the following rules and guidelines as well as product specific TOS. Each user of the Service (each, a “End User”) is responsible for ensuring that the use of all Services provided complies with this AUP and associated TOS. Any End User who does not agree to be bound by these terms should immediately stop their use of the Service and notify the Altice Customer Service Department at (877) 625-2895 or [email protected] to terminate the account.

Altice reserves the right in its sole discretion to suspend, deny, restrict or terminate use of the Service if such use violates the AUP.

 

Illegal Use

The Service may be used only for lawful purposes. Transmission or distribution of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene, illegal, defamatory, constitutes an illegal threat, or violates export control laws. Your use of the Service is also subject to Altice's Copyright Infringement Policy: https://www.optimum.com/terms-of-service/Copyright-Policy. Furthermore, use of the Service to impersonate a person or entity is not permitted.

 

Prohibited Activities Using the System and Network

Any activity or use of the Service which violates system or network security or integrity are prohibited and may result in criminal and civil liability. Such violations include, without limitation, the following:

  • Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network, relay communication through a resource, or to breach security or authentication measures without express authorization of the owner of the system or network.
  • Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner or network.
  • Interference with service to any user, host, or network, including but not limited to: mail bombing, flooding, or denial of service attacks.
  • Forging the header of any transmitted information packet, email, or Usenet posting.
  • Modifying or tampering with any hardware, software, or configuration provided by Altice including but not limited to: routers, switches, and cable modem configuration files.
  • Reselling or otherwise redistributing the Service.
  • Disrupting any aspect of the Service through any means.
  • Excessive use of bandwidth, that in Altice's reasonable opinion, places an unusually large burden on the network or goes well in excess of normal usage. Altice has the right to impose limits on excessive bandwidth consumption via any means available to Altice subject to Altice’s commitments for Open Internet and Net Neutrality. Additional information regarding our network management practices is available in Altice's Open Internet Disclosure Statement: https://www.optimum.net/pages/Terms/Internet/Open-Internet-Disclosure.html

Assuming or assigning an Altice IP address that was not allocated to the user by Altice or its network - all Optimum Online users must use DHCP assigned by the Service to acquire an IP address (with the exception of Optimum Online Static IP subscribers). For clarity, the foregoing does not prohibit the End User's use of a VPN.

 

HIPAA

To the extent that you are a covered entity or business associate, as those terms are defined under the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191, as amended, and its implementing regulations (collectively, "HIPAA"), you shall not maintain protected health information on the Service or otherwise use the Service in a manner that would cause Altice to qualify as a business associate under HIPAA.

 

Spam

End Users may not send any unsolicited bulk or commercial email or electronic communication including, but not limited to, instant messenger programs, IRC, Usenet, etc. that promotes or advertises a service, product, cause, opinion, money making opportunity, or the like that the recipient did not specifically request from the sender ("Spam"). These communications do not necessarily have to pass through the Service's email infrastructure - it only needs to originate from an End User.

Altice maintains a zero-tolerance policy on Spam for all of its Internet products and will take immediate action against users violating this AUP. Altice reserves the right to impose certain limitations on use of the Service's email. For more information on certain of these limitations, click here: https://www.optimum.net/FAQ/#/answers/a_id/35.

The Services may not be used to collect responses from unsolicited communication regardless of the communication's origination. Moreover, unsolicited communication may not direct the recipient to any web site or other resource that uses the Service and the End User may not reference the Service in the header or by listing an IP address that belongs to the Service in any unsolicited communication even if that communication is not sent through the Service or its infrastructure.

End Users may not send any type of communication to any individual who has indicated that he/she does not wish to receive messages from them. Continuing to send email messages to anyone that has expressly requested not to receive email from an End User is considered to be harassment.

 

USENET/Internet Chat

End Users may not SPAM newsgroups or chat rooms and must comply with the written charters, FAQs, rules, or terms of service for those forums the user chooses to participate. End Users are responsible for determining the policies of a given group/room before posting to it. Additionally, End Users are not permitted to:

  • Cross-post the same or substantially similar message excessively - in Altice's sole opinion
  • Post binary files to non-binary groups
  • Flood or disrupt a group

 

Abusable Resources

End Users shall take all necessary steps to avoid actions that result in the abuse of a resource on their network. Examples of abusable resources include but are not limited to: open news servers, open SMTP servers, insecure routers, wireless access and insecure proxy servers. Upon notification from Altice, End Users are required to address the problem in a timely fashion. Failure to address an issue after notification will be considered a violation of this AUP. Not all products permit use of these types of services, please refer to your product specific TOS for further clarification.

 

End User Responsibility

End Users are solely responsible for the misuse of any device that is connected to the Service, , regardless of whether the misuse was committed by the User or a third party with access to the User's Service account. Altice recommends that End Users implement appropriate measures to secure their systems and these measures may include installation of firewalls, antivirus protection with regular updates, regularly checking for and applying security patches for software and operating systems, and general security conscience use of the Service.

 

Viruses

End Users must take appropriate action to prevent their systems from becoming infected with and/or distributing computer viruses. Altice will take appropriate (as decided by Altice) action against End Users infected with computer viruses or worms to prevent further spread.

 

Enforcement

Altice reserves the right to investigate violations of this AUP, including the gathering of reasonably necessary information from the Subscriber or other End Users involved and the complaining party, if any, and the examination of material on Altice's servers and network. Altice prefers to notify End Users of AUP violations and any necessary corrective action but, if Altice, in its sole discretion, determines that an End User has violated the AUP, Altice will take any responsive action that is deemed appropriate without prior notification, but in such instances will notify End Users after such responsive action if permitted under law. Such action includes but is not limited to: temporary suspension of service, reduction of service resources, and termination of service. Altice is not liable for taking any such responsive action and these actions are not exclusive. Altice may take any other legal or technical action it deems appropriate.

The failure of Altice to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

 

Copyright Infringement Policy

Effective immediately, please send all Notifications of Copyright Infringement to [email protected]. After October 15, 2021 we will no longer accept Notices of Copyright Infringement to any other mailbox.

Notifications of Copyright Infringement related to Morris Broadband should be sent to [email protected].

Altice respects the intellectual property rights of third parties and is committed to complying with all U.S. copyright and related laws. As a Subscriber, you may not store, distribute or otherwise disseminate any material or content over the Optimum internet service in any manner that constitutes an infringement of third-party intellectual property rights, including but not limited to copyrights. Pursuant to the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Altice reserves the right, in its sole discretion, to suspend or terminate, in appropriate circumstances, the Optimum internet service provided to any Subscriber who Altice reasonably believes to be infringing third-party copyright or other intellectual property rights, including repeat infringers. This policy is in addition to and does not affect or modify any other rights that Altice may have under law or contract.

 

Hosted Materials

If a copyright holder believes in good faith that materials being hosted by Altice or otherwise stored on its network infringe on its rights, the copyright holder (or its agent) may send Altice a notification in accordance with the requirements set forth in the DMCA, requesting that Altice remove or block access to the infringing material. The notification must be sent to:

DMCA Notices
c/o HSD Security
CSC Holdings, LLC
1111 Stewart Avenue
Bethpage, NY 11714
Fax: 516-803-2502

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Altice to locate the material;
  4. Information reasonably sufficient to permit Altice to contact you, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the copyright owner or its agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described in 1 through 6 above, Altice may notify the customer of the alleged infringement, and, if hosted on an Optimum domain, remove or disable access to the material that is alleged to be infringing. No personal customer information is shared with the copyright owner unless required by law. Altice does not promise or undertake any duty to do any of the foregoing, except as required by applicable law.

If as a Subscriber, you receive a notification of copyright infringement from Altice, pursuant to the DMCA you may file a counter notification to Altice. Upon receipt of a counter notification that satisfies the requirements of the DMCA, Altice will provide a copy of the counter notification to the copyright holder 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, Subscriber agrees that Altice will not be a party to any dispute or lawsuit regarding alleged copyright infringement.

DMCA Notices
c/o HSD Security
CSC Holdings, LLC
1111 Stewart Avenue
Bethpage, NY 11714
Fax: 516-803-2502

 

Illegal File Sharing (e.g., Peer-to-Peer Communications)

Copyright owners may also notify Altice if they believe that an Optimum customer has infringed the copyright owner's work(s) by way of sharing, downloading, or uploading copyright protected material with others even when that material is not stored on an Altice server or hosted website. If you believe that an Optimum customer has shared, downloaded or uploaded material in a manner that constitutes copyright infringement, you may submit notice of alleged infringement as follows:

  1. Notices should be sent via email to [email protected] No other communications will be accepted or responded to. Notifications of Copyright Infringement related to Morris Broadband should be sent to [email protected].
  2. Notices must follow the Automated Copyright Notice System (ACNS) 2.0 Notice and Message Specification. For more information, visit www.acns.net.

 

Please understand that with respect to P2P file transfer(s), Altice has no technical ability or process for removing or disabling access to the alleged infringing material resident on a customer's computer as would be the case for Altice-hosted materials.

Learn more about copyright infringement.

 

Effective June 28, 2022