Additional Terms of Service for Business Fiber Internet
Subscriber understands and agrees that these additional Terms of Service for Business Fiber Internet ("Business Fiber Internet Terms") are incorporated into and made a part of the Business General Terms and Conditions of Service("General Terms") and apply to the Business Fiber Internet services (“Service(s)”) provided to Subscriber by CSC Holdings, LLC, and its affiliates and subsidiaries authorized to provide the services set forth herein (collectively, "Optimum") and described more fully in Section 1 below. Subscriber further understands and agrees that these Business Fiber Internet Terms also incorporate and include the Community WiFi Terms of Use for Subscribers, Acceptable Use Policy, Open Internet Disclosure Statement, Copyright Infringement Policy and the Customer Privacy Notice, as they may be changed from time to time.
THESE BUSINESS FIBER INTERNET TERMS GOVERNING YOUR USE OF THE SERVICE INCLUDE A BINDING ARBITRATION PROVISION IN THE TERMS OF SERVICE, WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF ARBITRATION.
Subscriber's use of the Business Fiber Internet Service(s) shall be deemed acknowledgment that Subscriber has read and agreed to these Terms of Service, including these Business Fiber Internet Terms. Any user who does not agree to be bound by the Terms of Service, including these Business Fiber Internet Terms, should immediately stop their use of the Business Fiber Internet Service and notify the Optimum Customer Service Department to terminate the account. This is a legally binding document.
- Services: The "Business Fiber Internet Service" is an electronic two way online information and communication service delivered over Optimum's cable system and accessed via a modem/gateway to a computer or other electronic device (e.g., tablet, smartphone, router) that includes networking equipment and is capable of storing, receiving and processing data (each, a "Computer"). The Business Fiber Internet Service provides Internet access, as well as access to certain ancillary features of the Business Fiber Internet Service and other proprietary products of Optimum, including but not limited to, Optimum WiFi and Business Phone, unless otherwise noted. Certain tiers of Business Fiber Internet Service may provide advanced features, such as Static IP and/or other features that may be provided or made available for purchase by authorized Third Party Providers.
Optimum WiFi (the "Community Wifi Networks") are WiFi internet access networks made available to Subscribers of Business Fiber Internet. Optimum also has roaming third party partners (each, a "WiFi Network Partner") who may provide access to their WiFi networks to Business Fiber Internet Subscribers. Subscriber agrees that Subscriber's use of a WiFi Network Partners' network will be subject to that WiFi Network Partner's terms and conditions of use (including their acceptable use policy) which are incorporated herein by this reference, as well as the Terms of Service, including these Business Fiber Internet Terms. WiFi Network Partners are Third Party Providers as defined in the Terms of Service. - Device and System Requirements: Subscriber acknowledges and agrees that it has internet-capable Computers with the minimum system requirements necessary to operate the applicable level of Business Business Fiber Internet Service, as outlined in the informational literature provided by Optimum. Click here for a description of minimum system requirements and recommended system configurations/settings.
- Relocating Equipment: Optimum's system is highly sophisticated and sensitive. Any "break" in the integrity of the system will subject the system to "ingress" of radio signals, which will disrupt your service and may affect that of others. Modems and gateways are not "portable" and are not permitted to operate at any location other than the address that appears on the Subscriber's account. Subscriber agrees that Subscriber will not relocate, move or in any way tamper with or relocate the Business Fiber Internet Service. Notwithstanding the foregoing, upon receipt of a request by Subscriber, Optimum shall relocate the Business Fiber Internet Service for Subscriber within Subscriber's home at a time mutually agreed to by Optimum and Subscriber. If the Subscriber moves residences outside of Optimum's service area, Subscriber shall notify Optimum pursuant to Section 4 below that this Agreement shall be terminated. Subscriber may incur a charge for such relocation and should consult a current Business Fiber Internet schedule of rates and charges prior to requesting such relocation.
- Contact Address: For any inquiries or notices required in connection with this Agreement, Subscriber shall contact Optimum by writing to:
Attn: Business Fiber Internet
1111 Stewart Avenue
Bethpage, New York 11714
or by calling Optimum Business at: (866)575-8000. - Optimum's Rights and Network Monitoring:
- Optimum has no obligation to monitor Business Fiber Internet Service content. However, Subscriber acknowledges and agrees that Optimum has the right to monitor all content transmitted through the Service from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate Business Fiber Internet Service properly, including, but not limited to, monitoring of a Subscriber's access to certain content provided by Optimum and/or Third Party Providers, or to protect itself, its Subscribers, Third Party Providers or the public.
- In addition to content, Optimum automatically measures and monitors the performance of the Business Fiber Internet Services as well as the performance of Subscriber's connection and access to the Business Fiber Internet Services. Subscriber consents to Optimum's access, collection and maintenance of information about Subscriber's use of the Services, Subscriber's Equipment and Optimum's Equipment and Software including but not limited to type, profile and settings. Subscriber further consents to Optimum's monitoring, adjustment and recording of such information for the purpose of providing the Business Fiber Internet Services. Subscriber agrees that by using the Business Fiber Internet Services, Optimum, or our authorized agents and equipment manufacturers, are authorized to send code updates to the Subscriber Equipment, including, but not limited to, modems, routers and digital interactive televisions with CableCARDs, at any time Optimum determines it is necessary to do so. Such code updates may change, add or remove features or functionality of the Subscriber Equipment or the Services.
- Third Party Providers may monitor Subscriber activity. When using a product, service, software or application provided by a Third Party Provider, Subscriber is responsible for reviewing any terms of service or similar agreement as posted on the Third Party Provider website which, to the extent not inconsistent with the provisions of this Agreement, shall bind the Subscriber. In the event of a conflict between this Agreement and any Third Party Provider terms of service, acceptable use policy or any other agreements or restrictions, the provisions of this Agreement shall govern.
- Changes to Business Fiber Internet Service: Optimum may, at any time and in its sole discretion, without notice, change, add to or remove portions of the Business Fiber Internet Service (including, without limitation, content, functionality, hours of availability, Equipment requirements, Equipment, speed, upstream and downstream limitations, Services features, storage capacity, and protocol filtering), and/or institute or otherwise change rates, fees and charges for Business Fiber Internet Service, subject to applicable law. Optimum may notify Subscriber of any such changes as described in Section 33 of the Terms of Service, including by posting notice of such changes on Optimum's website (www.Optimum.net), by sending notice via email or postal mail to Subscriber’s billing address, by contacting the telephone number(s) on Subscriber's account (including mobile phones) by means such as but not limited to voice, SMS, MMS, and text messages, including by the use of by automatic telephone dialing systems, and/or browser bulletins, or walled garden (browser interruption). Subscriber agrees that any one of the foregoing will constitute sufficient and effective notice. If any material change negatively affects your Business Fiber Internet Service, you have the right to cancel your Business Fiber Internet Service. Your continued receipt of the Business Fiber Internet Service for more than thirty (30) days after the change, however, will constitute your acceptance of the change.
- Optimum Internet Network:
- The Business Fiber Internet 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 Business Fiber Internet Service network. The Network is not intended to protect Subscribers from hackers, computer viruses or malicious codes gaining access to their Computer and Subscribers should not rely on it to provide such functions. Optimum and Third Party Providers shall have no liability 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.
- Business Fiber Internet Network Speeds. Subscriber acknowledges and agrees that actual Internet speeds that are experienced at any time will vary based on a number of factors, including the capabilities of Subscriber’s computer equipment, Internet congestion, the performance of network servers and routers, the technical properties of websites visited, environmental factors, the content and applications accessed, the condition of any lines between these two points, and any network management tools and techniques employed by Optimum.
- Additional Limitation of Liability:
- Optimum does not guarantee continuous, uninterrupted or secure access to the internet. Optimum does not warrant that service will be available on a specified date or time or that the network will have the capacity to meet your demand during specific hours. Further, Optimum does not guarantee or warrant any particular speed of connection. In addition, Optimum expressly disclaims any and all liability arising from or relating to any failure to provide adequate bandwidth to any Subscriber. Access to the network cannot be guaranteed; you may be unable to access the network at any time; your access to the network or to network bandwidth may be limited during times of near congestion or otherwise; and disconnections from the network may occur from time to time. Access to the internet using Optimum WiFi shall be further subject to the Optimum WiFi Terms of Use for Subscribers. In no event shall Optimum have any liability arising from the reliability, ability or inability to connect to the internet, or any other claim, loss, expense, fee or damage arising directly or indirectly from Subscriber's use of Optimum WiFi or any component thereof.
- Subscriber understands and agrees that these terms and conditions, including but not limited to the Acceptable Use Policy, govern any dispute between Subscriber and a WiFi Network Partner. Subscriber further understands and agrees that any such dispute with a WiFi Network Partner shall be subject to and governed by Section 26 of the Terms of Service (Arbitration).
- Multiple Users: Subscriber acknowledges that by using the Business Fiber Internet Service, Subscriber is agreeing to the terms of this Agreement on behalf of all Users of the Business Fiber Internet Service or other Services through Subscriber's Computers or other devices. Subscriber shall ensure that all Users 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 results from use of the Business Fiber Internet Service or other Services.
- Acceptable Use Policy: Subscriber shall comply with all of Optimum's standards for acceptable use with respect to the Business Fiber Internet Service and other Services and shall refrain from any illegal and/or inappropriate activities, including without limitation as outlined in the Acceptable Use Policy. The 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.
- Additional Restrictions: In addition to the prohibitions outlined in the Acceptable Use Policy, the following restrictions apply:
- Business Fiber Internet 25 Speed Tier:
- Users may not run any type of server on the system. This includes but is not limited to FTP, IRC, SMTP, POP, HTTP, SOCKS, SQUID, DNS or any multi-user forums;
- Users may not register or point a domain, sub-domain, or hostname to any Business Fiber Internet IP address. Users may not have traffic redirected to the Business Fiber Internet Service;
- Users may not resell, share, or otherwise distribute the Service or any portion thereof to any third party without the written consent of Optimum. For example, Subscriber may not provide Internet access to others through Optimum WiFi, a dial up connection, wireless access or host shell accounts over the Internet, provide email or news service, or send a news feed; and
- Users may not make the Service available outside of its service location; and
- Users may not copy, distribute or sublicense any software provided by Optimum, except that Subscriber may make one copy of each software program for back up or archival purposes only.
- Speed Tiers Business Fiber Internet 50 and Above:
- Users may not run any servers except for a webserver (HTTP) and mail (SMTP) on the system. Users who opt to run a webserver must do so on port 80 only. Webservers running on any other port will be deemed a violation of these terms.
- Similarly, users who opt to run a mailserver (SMTP) must do so on port 25 only. Mailservers running on any other port will be deemed a violation of these terms.
- Users opting to run web or mail servers are expected to secure those services in a manner that does not violate the Acceptable Use Policy and maintains the security of those services on an ongoing basis. Mail servers are to be configured to deny open relay and third party exploitation.
- Users may not resell, share, or otherwise distribute the Service or any portion thereof to any third party without the written consent of Optimum. For example, Subscriber may not provide Internet access to others through Optimum WiFi, a dial up connection, wireless access or host shell accounts over the Internet, provide email or news service, or send a news feed; and
- Users may not make the Service available outside of its service location; and
- Users may not copy, distribute or sublicense any software provided by Optimum, except that Subscriber may make one copy of each software program for back up or archival purposes only.
- Business Fiber Internet Static IP Service: Blocks of one, five, thirteen, or twenty-nine usable static IP addresses are available to Subscribers on certain speed tiers at or above Business Fiber Internet 50. Only one instance of Static IP Service is allowed per account and per service location. Static IP addresses may be assigned to a Subscriber's device to be its fixed address on the Internet. The static IP addresses are the property of Optimum and are non-portable. Optimum reserves the right to renumber or reassign the Subscriber's static IP address in the event that Optimum needs to make network changes. Optimum will give the Subscriber as much advanced notice as possible of the IP address change. If a Subscriber moves, their static IP addresses may change, depending upon the service area. Due to the configuration of currently available equipment, use of the Static IP Service may impact the achievement of downstream speeds available with other Business Fiber Internet Services.
- Static IP addresses are intended for use with a single device or network of devices supporting Internet applications. The Service may not be used in a manner that is inconsistent with these expected uses. Business Fiber Internet is not responsible for providing assistance in the configuration of a local area network with your Business Fiber Internet Static IP Service.
- Users opting to run web or mail servers are expected to secure those services in a manner that does not violate the Acceptable Use Policy and maintains the security of those services on an ongoing basis. Mail servers are to be configured to deny open relay and third party exploitation.
- Use of port 8080, 1080, 3128 and 6588 must ensure that the services running over these ports are secured and do not violate the Acceptable Use Policy and maintain the security of those services on an ongoing basis.
- Users may not resell, share, or otherwise distribute the Service or any portion thereof to any third party without the written consent of Optimum. For example, Subscriber may not provide Internet access to others through Optimum WiFi, a dial up connection, wireless access or host shell accounts over the Internet, provide email or news service, or send a news feed; and
- Users may not copy, distribute or sublicense any software provided by Optimum, except that Subscriber may make one copy of each software program for back up or archival purposes only.
- Business Fiber Internet 25 Speed Tier:
- End User Licenses: Subscriber agrees to comply with the terms of all end user license agreements relative the Business Fiber Internet Services, the other Services and any service provided by a Third Party Provider which Subscriber accesses under this Agreement. All such agreements are incorporated in this Agreement by reference. Title and intellectual property rights to the services are owned by Optimum 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 Business Fiber Internet Service, the Services or any service provide by a Third-Party Provider without the written consent of Optimum, an applicable third-party provider of service or products, and/or other owner of such material is prohibited.
- Backup Requirements: Subscriber agrees to back up all existing computer files by compiling them to another storage medium prior to installation of the Equipment. Optimum shall have no liability for any damage to or loss or destruction of any of Subscriber's software, files, data, or peripherals.
- Viruses: Optimum reserves the right to run virus checks or provide Subscribers with access to virus check software. Subscriber agrees that Optimum provides such technology "as is" or "as available" and agrees that Optimum does not represent, warrant or covenant that the virus check software will detect or correct any viruses.
- Optimum shall not be liable for:
- Eavesdropping: Any information sent by the Subscriber using the Business Fiber Internet Service is sent at the Subscriber's sole risk, and Optimum shall have no liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by the Subscriber, including if such actions result in the ability of a third party or individual to eavesdrop on or access such transmitted information.
- Multiple Computer Connections: When Subscriber's Computer is connected to a cable modem, it constitutes a "local" segment. All Subscriber's Ethernet traffic on this local segment will be reflected by the cable modem in an unencrypted form onto the cable network and be subject to eavesdropping, as previously described in subsection A above.
- File and Print Sharing: Subscriber understands that users outside the Subscriber's authorized service location may be able to access Subscriber's Computer. Further, some software includes capabilities that permit other users across a network such as Business Fiber Internet and the Internet to gain access to the Subscriber's Computer and to the software, files and data stored on the Computer. Subscriber acknowledges, understands and accepts full risk that when using the Computer to access files through means such as FTP (File Transfer Protocol) and HTTP (Hyper Text Transfer Protocol), Subscriber may open access to Subscriber's computer to other Business Fiber Internet users and Internet users. If Subscriber chooses to make use of such applications for file retrieval, Subscriber should take the appropriate security measures. Any Subscriber who, chooses to participate in the Business Fiber Internet 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, acknowledges and agrees that the Subscriber does so at the Subscriber's own risk.
- Security: Users must adhere to the Business Fiber Internet security policies in the Acceptable Use Policy. Optimum reserves the right to protect the integrity of its network and resources by any means it deems appropriate. This includes but is not limited to: monitoring traffic, port blocking, email virus scanning, denying email from certain domains, denying access to malicious domains and putting limits on bandwidth and email. Subscriber is solely responsible for any misuse of the Business Fiber Internet Service or other Services and for the security of any device you connect to the Business Fiber Internet Service, including any data stored on that device, all as detailed more fully in the Acceptable Use Policy. Subscriber remains solely responsible for maintaining the security of any device connected to the Business Fiber Internet network, and for maintaining the security of Subscriber's computer(s), devices and data, including without limitation, encryption of data and protection of Subscriber's Optimum ID, password and personal and other data. If Subscriber believes his/her login credentials have been lost or stolen, or that someone has gained access to his/her account or login credentials without Subscriber's permission, please contact us at [email protected].
- Inappropriate Content: There may be content on the internet or otherwise available through the Business Fiber Internet Service which may be offensive to some individuals, or which may not comply 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 Optimum nor any Third Party Providers can assume any responsibility for the content on the internet or otherwise available through the Services. Subscriber must assume the risk of accessing content through the Service, and neither Optimum 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 precautions to prevent minors from receiving inappropriate content. Optimum 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 Business Fiber Internet Service to publish, transmit or distribute content, a Subscriber is warranting that the content complies with this Agreement and authorizes Optimum 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 Business Fiber Internet Service that infringes third party intellectual property rights, including but not limited to copyrights. Optimum 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 Business Fiber Internet Service. Alleged infringements will be handled under the Optimum Copyright Infringement Policy. - Electronic Mail: Users must adhere to the Business Fiber Internet email policies set forth in to the Acceptable Use Policy. The following additional restrictions apply:
- Users may not send bulk marketing emails, advertisements, or similar commercial email through the Business Fiber Internet mail system. Subscribers must send email of that nature through a mail server on their local system or through a third-party service. All mail sent through the Services must comply with Optimum's Acceptable Use Policy. Subscribers shall be responsible for compliance with all federal, state and local laws pertaining to commercial email, including CAN-SPAM. Bulk emails consistent with CAN-SPAM may still violate this policy if they consume excessive bandwidth or mail server resources. Any violation of this policy can cause termination of the Subscriber's account
Users should know some networks refuse to accept mail from dynamically assigned IP address blocks. Optimum makes no warranty or guarantee that third party networks will accept the User's mail nor is Optimum responsible for ensuring continued acceptance of email by third party networks. - Optimum may, at its discretion, provide, offer for sale or subscription, or otherwise provide to Subscribers software or services for email filtering, anti-virus scanning, and other email security solutions for the convenience of Subscribers. Optimum shall not be responsible for nor have any liability regarding the email that Users receive, nor for any lost or filtered email, nor for any failure to prevent virus delivery or infection.
- Subscriber agrees that Subscriber has been informed that Business Fiber Internet service includes a filter that blocks, rejects, removes or otherwise diverts commercial mass mailings or other unsolicited bulk email ("spam") from User's inbox. In connection with such filtering, Optimum may utilize reputation services consistent with industry practices to identify and filter spam. Subscriber may opt out of certain aspects of this filtering service. Subscriber agrees that Optimum shall have not liability for any such filtering activity.
- Optimum is not responsible for forwarding email sent to any account suspended or terminated. Such email will be returned to sender, ignored, deleted, or stored temporarily at Optimum's sole discretion. Optimum reserves the right to reclaim any email addresses from Subscribers whose service has been cancelled or terminated, regardless of the reason for such cancellation or termination.
- Subscriber understands and agrees to the storage and retention limitations for email as outlined in Section 22.
- Users may not send bulk marketing emails, advertisements, or similar commercial email through the Business Fiber Internet mail system. Subscribers must send email of that nature through a mail server on their local system or through a third-party service. All mail sent through the Services must comply with Optimum's Acceptable Use Policy. Subscribers shall be responsible for compliance with all federal, state and local laws pertaining to commercial email, including CAN-SPAM. Bulk emails consistent with CAN-SPAM may still violate this policy if they consume excessive bandwidth or mail server resources. Any violation of this policy can cause termination of the Subscriber's account
- Newsgroups and Internet Relay Chat: See Acceptable Use Policy.
- Watermarking: Subscriber understands and agrees that Optimum may use "watermarking" techniques to message you about your account, Optimum services or for other communication purposes while using the Business Fiber Internet Service. These "watermarks" may appear superimposed from time to time over portions of website pages you visit while using the Business Fiber Internet Service, however, you understand and agree that this in no way indicates Optimum's approval of or responsibility for the content of such websites, which are solely the responsibility of the website operators and/or content providers. You further agree that you will not seek to hold Optimum responsible for any third party website content or operating any third party website accessed via the Business Fiber Internet Service, or for the appearance of an Optimum "watermark" over a portion of any website.
- Violation of Acceptable Use Policy/This Agreement: Optimum does not routinely monitor the activity of accounts for violation of these Business Fiber Internet Terms or the Acceptable Use Policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we learn of inappropriate use of our Business Fiber Internet Service.
Neither Optimum nor any of its distribution affiliates has any obligation to monitor transmissions made on the Business Fiber Internet Service or the Services. However, Optimum and its distribution affiliates have the right to monitor such transmissions from time to time and to disclose the same in accordance with the Terms of Service.
You hereby authorize Optimum and its distribution affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce this Agreement. Such cooperation may include Optimum providing the username, IP address, or other identifying information about a subscriber.
Upon termination of an account, Optimum may delete any files, programs, data, and email messages associated with such account. The failure of Optimum or its distribution affiliates to enforce this Agreement shall not be construed as a waiver of any right to do so. - Optimum Email, Bandwidth, Data Storage and Other Limitations:
- Subscriber agrees to comply with Optimum's bandwidth, data storage and other limitations of the Business Fiber Internet Service as established and modified by Optimum from time to time. Subscriber agrees that its activity will not improperly restrict, inhibit or degrade any other Subscriber's use of Business Fiber Internet Service, nor represent (in the sole judgment of Optimum) an unusually large burden on the network itself. In addition, Subscriber agrees that its activity will not improperly restrict, inhibit, disrupt, degrade or impede Optimum's ability to deliver and monitor Business Fiber Internet Service, backbone, network nodes, and/or other network services. Optimum reserves the right to, in its sole discretion, employ any technology or implement any process to manage, shape, and/or optimize traffic on its network and to ensure compliance with Optimum's Acceptable Use Policy, including but not limited to allocating a fixed maximum amount of bandwidth for the peer-to-peer upload of Subscriber files, especially during peak periods; detecting and rejecting spam, viruses or other malicious code; allocating a fixed maximum amount of bandwidth to the Subscribers in each service tier who consume disproportionate amounts of bandwidth for limited time periods; using industry-standard subscriber traffic management technology to temporarily manage upstream and downstream traffic during times of peak congestion; and any other network management technique(s) that Optimum deems appropriate. Additional information regarding Optimum's network management practices may be found in Optimum's Open Internet Disclosure Statement.
- Optimum no longer offers the ability for new and existing Subscribers to create new Optimum email accounts. All email accounts are limited to 5 gigabytes of storage space each, and all subject to the then-current retention schedule based on message folder when such email account is active and the email account storage limitations described in Section 22.E below.
- An email account is deemed active if: (1) Subscriber logs in to the Optimum Business website and navigates to the Business Fiber Internet email inbox, or opens or sends an email message within 90 days of your last email activity; (2) auto-forwarding of your Business Fiber Internet email is active within the prior 90 days; or (3) Subscriber logs in to their Business Fiber Internet email account through an email client within 90 days of your last login. If the foregoing activity is not found, the email account is deemed inactive, and all email content in the account is subject to deletion. Any inactive email account and the email contents are permanently deleted and unrecoverable from Optimum's servers. Optimum reserves the right to modify, delete, or otherwise correct any accounts that exceed either limitation as well as the right to modify any related retention periods.
- To preserve email you do not want deleted, you can set your email account to ensure that your email is automatically stored on your computer's hard drive when you open it. Please check the Help section or the FAQ on your email client (e.g., Outlook Express, Eudora) to find out how this can be done. Optimum shall have no liability for erroneously deleted messages.
- Email Account Storage Limitations: Subscriber understands and agrees that Business Fiber Internet email accounts will no longer accept new email once the email account has reached its storage limitations of either 2 gigabytes or 5 gigabytes. All new email received after an email account has reached its storage limitations will be returned to sender.
- Third-Party Premium Services: Business Fiber Internet Service may offer additional third party services to subscribers at no extra cost or for an additional fee. In addition to the Terms of Service and Acceptable Use Policy, Subscriber must adhere to the third party's terms and policies to the extent such terms and policies are not inconsistent with this Agreement or Optimum's Acceptable Use Policy. Use of included third party services is limited to Subscribers in good standing. Accounts not in good standing are subject to restricted or suspended access to these third party services. Abusive use, in Optimum's sole opinion of third party services may cause corrective action as outlined in the Acceptable Use Policy.
- Installation:
- Optimum does not represent, warrant, or covenant that installation modifications, including installing network cards or similar computer equipment, and modification of computer files such as INI, BAT, SYS, .DLL and other system configuration files will not disrupt the normal operations of the Subscriber's Computer. Optimum shall have no liability for any damage resulting from the above or other file modifications.
- Upon Subscriber's request, Optimum or its agents will install certain software, an extra cable outlet (if necessary), a cable modem and associated equipment. Optimum will also provide a user's manual and instructions on how to use Business Fiber Internet Service. If installed by Optimum, Optimum shall use reasonable efforts to install the Business Fiber Internet Service to an operational status.
- All installation services performed by Optimum shall be subject to Optimum's applicable service charges, if any.
- Terms for Other Business Fiber Internet Features, Functionality, or Tools: Optimum may from time to time offer additional service features, functionality and tools, such as Web DVR. These features, functions and tools may be further subject to specific terms of use and subject to change at any time by Optimum.
- Additional Terms for Optimum WiFi: Subscriber's use of Optimum WiFi is also subject to the provisions of the Optimum WiFi Terms of Use, which may be updated from time to time and the latest version will supersede all prior versions.
- Terms of Service for Optimum-provided Wireless Router/Gateway and Wireless Access Point: Optimum-provided wireless routers, gateways, managed access points and Optimum One devices (with built-in router/gateway) (each, an "Optimum Router/Gateway") are available to certain Subscribers and provide wireless access to the Business Fiber Internet Service within the Subscriber's service location ("Local Network"). Optimum Router/Gateways come 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/Gateway although Optimum recommends maintaining the default configuration and settings. Optimum does not guarantee the security of the Optimum Router/Gateway and Subscriber's connection to Business Fiber Internet Services via the Local Network. Subscriber understands and agrees that Subscriber is solely responsible for the security of his/her Local Network. Optimum Router/Gateways are preconfigured to distribute hotspots for additional wireless networks in addition to the Local Network, including Optimum WiFi Passpoint and Optimum WiFi (each, an "Optimum Network Hotspot"). Optimum Network Hotspots are separate from the Local Network and are accessible by Optimum internet subscribers, Optimum Mobile subscribers and certain other authorized users. The Local Network is encrypted and has separate security settings from the Optimum Network Hotspots. Subscriber understands that simultaneous connections to both the Local Network and an Optimum Network 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, will be 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/Gateway 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 Optimum to provide Business Fiber Internet Services and support as well as for Optimum's internal business analytics regarding the use of the Business Fiber Internet Services. Subscriber acknowledges and agrees that Optimum shall have access to the password associated with the Optimum Router/Gateway in order to provide support and diagnostic services. Optimum reserves the right to modify the password for the Optimum Router/Gateway 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 Business Fiber Internet Services, and protect the network, other users of the Internet, or our Subscribers. Optimum shall notify Subscriber of any such password modifications. Subscriber acknowledges that the Optimum Router/Gateway is Optimum Equipment.
- Terms of Service for LTE Wireless Backup: LTE Wireless Backup service ("LTE Backup Service") offers Subscribers business continuity in the event of an internet connection failure. LTE Wireless Backup Service is intended solely to provide automatic LTE Internet back up at the service location(s) for which Subscriber has ordered Service. Subscriber acknowledges and agrees that, without limitation to any other provision in these Additional Business Fiber Internet Terms, the LTE Wireless Backup Service may not be used at any location other than the service location(s) for which the Service was ordered, and Subscriber shall not move, rearrange, disconnect, remove, transport or use the LTE Backup Device ordered in connection with the LTE Wireless Backup Service at any location other than such service location(s). Subscriber acknowledges and understands that the LTE Backup Service will not operate in the event of a power outage. Due to the nature of the cellular network, many factors can affect download and upload speeds such as coverage at a given location or external factors such as density of users in the area or structures that could affect signal strengths (as examples). Average estimated download/upload speed: 40mb/10mb. Included data is limited to 2 Gb per calendar month. LTE Backup Service will be suspended in the event data usage exceeds 2 Gb in a calendar month and will resume in the following calendar month.
- Information Regarding Range Extenders and WiFi Extenders: In certain circumstances, a range extender or WiFi extender may be required to be installed and connected to the Optimum Router/Gateway in order to connect wirelessly to Business Fiber Internet services throughout Subscriber's service location. A monthly extender equipment fee may apply. Subscriber understands and agrees that when the Optimum Router/Gateway is a wireless router (as opposed to a gateway or Optimum One device), and a range extender is required, the Optimum-recommended installation method is through a wired connection directly to the Optimum Router/Gateway. Subscriber understands and agrees that wireless router range extender installations are not recommended by Optimum and such wireless installations may not successfully resolve any or all wireless signal strength and/or wireless signal range-related issues (issue list not exhaustive). Optimum continues to recommend a wired installation to best resolve wireless connectivity issues within your service location.
- HIPAA:
- Subscriber acknowledges that the Business Fiber Internet Service is not intended to comply with 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").
- To the extent that Subscriber is a covered entity or business associate, as those terms are defined under HIPAA, Subscriber shall not maintain protected health information on the Business Fiber Internet Service or otherwise use the Business Fiber Internet Service in a manner that would cause Optimum to qualify as a business associate under HIPAA.
- Subscriber shall fully indemnify and hold harmless Optimum and any Third-Party Provider from all losses, costs, expenses (including reasonable attorney costs) and fees incurred as a result of Subscriber's use of the Business Fiber Internet Service in a manner that would cause Optimum to qualify as a business associate under HIPAA.
Effective: September 1, 2022