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 Optimum'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. Optimum 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 Optimum and posted on Optimum'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 Optimum Customer Service Department at (877) 625-2895 or [email protected] to terminate the account.

Optimum 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 Optimum'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 Optimum 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 Optimum's reasonable opinion, places an unusually large burden on the network or goes well in excess of normal usage. Optimum has the right to impose limits on excessive bandwidth consumption via any means available to Optimum subject to Optimum’s commitments for Open Internet and Net Neutrality. Additional information regarding our network management practices is available in Optimum's Open Internet Disclosure Statement: https://www.optimum.com/terms-of-service/open-internet-disclosure

Assuming or assigning an Optimum IP address that was not allocated to the user by Optimum 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 Optimum 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.

Optimum maintains a zero-tolerance policy on Spam for all of its Internet products and will take immediate action against users violating this AUP. Optimum 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 Optimum'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 Optimum, 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. Optimum 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. Optimum will take appropriate (as decided by Optimum) action against End Users infected with computer viruses or worms to prevent further spread.

 

Enforcement

Optimum 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 Optimum's servers and network. Optimum prefers to notify End Users of AUP violations and any necessary corrective action but, if Optimum, in its sole discretion, determines that an End User has violated the AUP, Optimum 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. Optimum is not liable for taking any such responsive action and these actions are not exclusive. Optimum may take any other legal or technical action it deems appropriate.

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

 

Device Attachment

Information concerning the devices approved for use on the network, and the tiers of our service that they are appropriate for is available by clicking here. In order for a cable modem device to be approved for use on the network, it must pass CableLabs certification, UL certification, FCC certification, and Optimum device testing covering things like DOCSIS performance, versions, and integration with Optimum's network and systems. Get more information on these standards and the device approval process.

 

Managing Traffic on Optimum's WiFi Network

Optimum's Optimum WiFi service enables Subscribers to access our Optimum Online Internet access service using WiFi-equipped wireless devices. Optimum manages its WiFi network to minimize congestion on that network using certain of the same techniques described above.

 

Network and End-User Security

Optimum reserves the right to protect the integrity of its network and resources by any lawful means it deems appropriate. Optimum takes steps to protect the security of its network and its Subscribers which include e-mail virus scanning, denying e-mail from certain domains, denying access to malicious domains, spam detection techniques, and putting limits on e-mail based on the relevant service. In order to further protect our Subscribers, Optimum blocks a limited number of ports and protocols that are commonly used to send spam, launch malicious attacks, or steal a user's information. In addition, in order to protect against Denial of Service (DoS) or other malicious attacks, Optimum enforces limits on the number of transactions per second that Subscribers can send or receive with respect to login, SMTP, DNS, DHCP and other transactions that could impact the security or performance of Optimum's network. Optimum also makes available certain security tools for use by our Subscribers. Additional information about these tools is available at https://optimum.net/FAQ/#/answers/a_id/3720.

 

Performance Characteristics

Service Description

Optimum Online offers residential and commercial customers their choice of a variety of broadband Internet access service tiers, each of which offers varying speeds and features that may affect the suitability of such service for real-time applications. The features, pricing and other commercial terms of our service offerings are modified from time to time and not all packages are available in all areas. Each package is priced to reflect the particular speed and features of that package. Full descriptions of currently available packaging and pricing can be found at https://www.optimum.net/pricing-packages and https://www.optimum.net/pricing-packages-business.

The FCC requires that we disclose information regarding the expected and actual speed and latency of our Internet access service offerings. Optimum provisions its customers' modems and engineers its network to maximize our customers' ability to receive the maximum speed levels for each tier of service. However, Optimum does not guarantee that a customer will achieve those speeds at all times. Like all other ISPs, Optimum advertises its speeds as "up to" a specific level based on the tier of service to which a customer subscribes. The "actual" speed a subscriber experiences may vary based on a number of factors and conditions, many of which are beyond the control of an ISP such as Optimum. These conditions include:

  1. The performance of a customer's computer, including its age, memory, processing capability, its operating system, the number of applications running simultaneously, and the presence of any adware or viruses has an effect on your computer's ability to communicate with the Internet. Often, increasing the amount of RAM in your computer can have a positive effect on how quickly your computer can communicate with the Internet. You should make sure you are running the most up-to-date operating system your computer can handle (with all available patches installed) to maximize your connection speeds. In addition, Optimum Online offers an Internet security suite at no additional charge to help protect your computer from viruses and adware.
  2. Type of connection between a customer's computer and modem. If there is a router between your modem and your computer, the connection speed you experience can often depend on the model and configuration of the router in addition to the quality of the Ethernet cable and duplex settings of the Ethernet ports on the respective equipment. Certain routers are able to pass data to your computer more quickly than others. For example, wireless routers using the 802.11b protocol are limited to 11 Mbps and, depending on your signal strength, may give you significantly slower connection speeds. Wireless connections also may be subject to greater fluctuations, interference and congestion.
  3. The distance packets travel (round trip time of packets) between a customer's computer and its final destination on the Internet, including the number and quality of the networks of various operators in the transmission path. The Internet is a "network of networks." A customer's connection may traverse the networks of multiple providers before reaching its destination, and the limitations of those networks will most likely affect the overall speed of that Internet connection.
  4. Congestion or high usage levels at the website or destination. If a large number of visitors are accessing a site or particular destination at the same time, your connection will be affected if the site or destination does not have sufficient capacity to serve all of the visitors efficiently.
  5. Gating of speeds or access by the website or destination. In order to control traffic or performance, many websites limit the speeds at which a visitor can download from their site. Those limitations will carry through to a customer's connection.
  6. The suitability of the cable modem for the level of service. Some older modems may not be capable of handling higher speeds, based on your level of service. If you believe you may have the incorrect modem for your level of service, please contact Customer Service for a replacement.

The table below shows advertised maximum downstream and upstream speeds as compared to the median actual downstream and upstream sustained speeds for the Optimum 60 and Optimum 100 levels of Service during the peak period of 7pm-11pm Monday through Friday, based on September 2017 data collected from the SamKnows FCC Measuring Broadband America panel and contained in the FCC's Eighth Measuring Broadband America report released December 2018 (the "Eighth MBA Report").

 

 

Advertised 
Maximum 
Speed

Median Actual Speed 
(as % of Advertised 
Maximum)

Optimum 600

Downstream:

60 Mbps

113.2%

Upstream:

25 Mbps

104.7%

Optimum 100

Downstream:

101 Mbps

111.6%

Upstream:

35 Mbps

100.7%

 

The Eighth MBA Report and a description of the study methodology are located at: https://www.fcc.gov/reports-research/reports/measuring-broadband-america/measuring-fixed-broadband-eighth-report.

Optimum Online customers can check the speed of their current Internet connection for our existing service tiers using the Optimum Online Speed Test on Optimum.net (login required), which tests the speeds that they are receiving on Optimum's network. That site also provides tips to aid in optimizing your Internet service. These tests are dependent on a variety of factors, including the customer's home network configuration, modem, and computers, and the time of day, and therefore do not reflect the performance of the Optimum network only.

There are other speed tests that measure Internet performance. Please note, however, that all speed tests have biases and flaws. Each of these tests measures limited aspects of an ISP's speed and therefore must be seen as a guide rather than definitive measurements of performance. To obtain appropriate results, we recommend that you connect to a speed test server located in your geographic area. One such free speed test site is Speedtest.net, which will automatically connect you to the closest speedtest.net servers located within the Optimum Online network. Because the speedtest.net server is located within the Optimum Online network, the speeds it reports are expected to be more accurate than other online speed tests.

Latency is another measurement of Internet performance that refers to the time it takes for a packet of data to travel from one designated point to another on a network. Since many communication protocols depend upon an acknowledgement that packets were received successfully, or otherwise involve transmission of data packets back and forth along a path in the network, latency is often measured by round-trip time. Some applications are particularly sensitive to latency, such as some high-definition multiplayer online games. As latency varies based on any number of factors, most importantly the distance between a customer's computer and the ultimate Internet destination (as well as the number, variety, and quality of networks your packets cross), it is not possible to provide customers with a single figure that will define latency as part of a user experience.

The table below shows median latency during the peak period of 7pm to 11pm Monday through Friday for the Optimum 60 and Optimum 100 levels of Service as of September 2017, based on SamKnows FCC panel data for the Eighth MBA Report:

 

Optimum 60

15.33 milliseconds

Optimum 100

15.48 milliseconds

 

Optimum Online customers can check the latency of their current Internet connection for our existing service tiers using the Optimum Online Speed Test on Optimum.net (login required), which tests the latency that they are receiving on Optimum's network. That site also provides tips to aid in optimizing your Internet service. These tests are dependent on a variety of factors, including the customer's home network configuration, modem, and computers, and the time of day, and therefore do not reflect the performance of the Optimum network only.

Our other levels of service were not included in the Eighth MBA Report. Internal testing and monitoring of subscriber usage indicates that our non-reported service levels have materially the same characteristics as those service levels included in the Eighth MBA Report when the recommended customer premises equipment is used.

 

Impact of non-Broadband Internet Access Services

The FCC distinguishes between our mass market retail broadband Internet access services and "non-broadband Internet access services" that share capacity with our broadband Internet access services over our last-mile facilities. Examples of services that share capacity with our broadband Internet access services (but which may also have separate additional bandwidth available to them) include our facilities-based Optimum Voice services, Internet Protocol video offerings and the Optimum App. The use of these services, which are not subject to the same rules as our broadband Internet access services, may during times of unusually heavy aggregate usage temporarily affect the last mile capacity and/or slow the performance of your Optimum Online services.

 

Optimum WiFi

Optimum uses its best efforts to provide useful and reliable Optimum WiFi service over public, unlicensed radio-frequency spectrum. As such, Optimum WiFi is subject to external interferences, environmental influences, and other factors and variables beyond Optimum's reasonable control. Performance and availability thus may vary, as further described in our Optimum WiFi Terms of Use for Subscribers and Optimum WiFi Terms of Use for Non-Subscribers.

 

Commercial Terms

Pricing

Optimum Online offers multiple tiers of broadband Internet access service each at a flat monthly rate, without long-term contracts or early termination fees. The current pricing and other terms and conditions of these tiers can be found by calling 1-866-218-3259. An Internet security suite is offered at no additional charge. In addition, all Optimum Online subscribers receive access to Optimum WiFi at no additional charge.

 

Privacy Notice

Optimum values our Subscribers' privacy and will collect, use and otherwise handle your information in accordance with Optimum's Customer Privacy Notice.

 

Redress Options

If you have any questions or concerns regarding your Optimum Online service, you may contact customer service in a variety of ways. Click here for more information. If you are an edge device provider and have questions or issues, you can find additional information http://www.cv.net/peering/as6128/.

The FCC has established procedures for addressing informal and formal complaints regarding broadband service. For information, please refer to the FCC's website at http://www.fcc.gov/guides/getting-broadband.

 

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.

Optimum 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, Optimum reserves the right, in its sole discretion, to suspend or terminate, in appropriate circumstances, the Optimum internet service provided to any Subscriber who Optimum 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 Optimum may have under law or contract.

 

Hosted Materials

If a copyright holder believes in good faith that materials being hosted by Optimum or otherwise stored on its network infringe on its rights, the copyright holder (or its agent) may send Optimum a notification in accordance with the requirements set forth in the DMCA, requesting that Optimum 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 Optimum to locate the material;
  4. Information reasonably sufficient to permit Optimum 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, Optimum 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. Optimum 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 Optimum, pursuant to the DMCA you may file a counter notification to Optimum. Upon receipt of a counter notification that satisfies the requirements of the DMCA, Optimum 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 Optimum 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 Optimum 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 Optimum 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), Optimum 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 Optimum-hosted materials.

Learn more about copyright infringement.

 

 

Effective January 15th, 2026