Additional Terms of Service for Business Phone

Subscriber understands and agrees that these additional Terms of Service for Business Phone ("Additional Business Phone Terms") are incorporated into and made a part of the General Terms and Conditions of Service (Business) ("Terms of Service") and apply to the Business Phone service ("Business Phone Service," "Business Phone" or the "Service") provided to Subscriber by CSC Holdings, LLC, and its affiliates and subsidiaries authorized to provide the services set forth herein (collectively, "Optimum"). Subscriber further understands and agrees that these Additional Business Phone Terms also incorporate and include the Optimum Privacy Notice and Additional Terms of Service for Secure Internet, as they may be changed from time to time.

THESE ADDITIONAL BUSINESS PHONE TERMS GOVERNING YOUR USE OF OPTIMUM BUSINESS PHONE SERVICE INCLUDE A BINDING ARBITRATION PROVISION AS SET FORTH IN THE TERMS OF SERVICE, WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF ARBITRATION.

Subscriber's use of Business Phone shall be deemed acknowledgment that Subscriber has read and agreed to the Terms of Service, including these Additional Business Phone Terms. Any Subscriber who does not agree to be bound by the Terms of Service, including these Additional Business Phone Terms should immediately stop their use of the Business Phone Service and notify the Optimum Customer Service Department to terminate the account. This is a legally binding document.

  1. Services Provided:

    Optimum's Business Phone digital phone service provides unlimited calling within the United States, Puerto Rico, Canada and the US Virgin Islands in connection with Optimum's Secure Internet service in accordance with the following terms of service. Business Phone also offers an optional international calling plan for direct-dialed calls made from the Subscriber's business to locations outside of the United States, Puerto Rico, Canada and the US Virgin Islands.

  2. Monthly Service Fee:

    Subscriber agrees to pay the monthly service charge for Business Phone service. Business Phone service is offered only as an additional service of Optimum's Secure Internet offering and may not be purchased as a stand-alone service. Business Phone is offered only to the Optimum authorized address where Secure Internet service is provided. Optimum reserves the right to increase or decrease the fee for any services offered. Business Phone service will be terminated in the event the Subscriber does not pay. The interstate/international allocation of Business Phone telephone service is based upon a traffic study that analyzes the intrastate, interstate and international minutes of all customers.

  3. Business Phone Service Features: Business Phone service is offered with the following features:
    1. Unlimited local, regional and long distance calling within the United States, Puerto Rico, Canada and the US Virgin Islands including 800 service, call waiting, call waiting with caller ID, caller ID with name, caller ID blocking (*67), call return (*69), three-way calling, call forwarding, anonymous calling, anonymous call blocker, busy re-dial, Find me, VIP ringing, hunting, straight line white pages directory listing, enhanced voicemail, Business Phone, unlimited inbound calling, a choice of an unlisted telephone number and/or the ability to keep your current telephone number and port it over to Business Phone. Direct-dial calls outside of the U.S. are available only with the Business Phone International Calling Plan at an additional per minute charge. Business Phone 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. Enhanced 911 ("E-911") is a feature of the Business Phone 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 Optimum has on file when the Subscriber originally signed up for service. If the Subscriber does not correctly identify where the Subscriber's voice-enabled cable modem is actually located, or if the voice-enabled cable modem is moved away from the original address, the Subscriber's 911 calls may be misdirected to the wrong address or to the wrong emergency service provider. Therefore, in order to have 911 calls routed correctly, the Subscriber acknowledges responsibility to promptly notify Optimum of any change in service address.
      2. An Business Phone Subscriber is provided with a voice-enabled modem through Subscriber's Secure Internet service (monthly modem fees may apply) that is installed at the service location.
      3. IMPORTANT INFORMATION Regarding Keeping Your Business Phone Phone Number When you Move: Please be aware that during the first 72 hours of arriving at a new service address, if Subscriber dials 911 from their Business Phone phone, Subscriber must relay to the emergency service operator Subscriber's new (current) service address. This is necessary to ensure emergency services are dispatched to Subscriber's 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.
      4. If Subscriber so chooses, and, Subscriber's voice-enabled modem is compatible with battery backup, Subscriber may separately purchase a spare battery backup for use with their voice-enabled cable modem in the instance of a non-network related outage at http://shop.surfboard.com
    3. Business Phone International Calling: Business Phone offers an International Calling Service for direct-dialed calls made from the Subscriber's business or from any phone via the Business Phone 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 Business Phone International Calling Service is automatically enabled for each line, including, where applicable, the SIP Trunk Pilot telephone number. To activate the International Calling Service, Subscriber must login to the Optimum Business Account Center and activate the service on the desired line(s). Audio-text lines/destinations are excluded from Business Phone 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, Optimum 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 by market. For subscribers in NY/NJ/CT, and Jefferson and Hendersonville in NC, international rates and are posted at: https://www.optimum.net/pages/international/post-paid/residential/current.html. For subscribers in other markets, international rates are posted here. Charges for Business Phone International Calling at the per minute rates will appear on Subscriber's monthly billing statement for the relevant usage cycle (the "Usage Cycle"). Business Phone International Calling will be billed in sixty (60) second increments and rounded up to the nearest sixty (60) second increment.
      3. Calling Limits:
        1. Optimum reserves the right to impose limits on the unpaid balance for Business Phone International Calling charges incurred by Subscriber during a Usage Cycle (the "Calling Limit"). Optimum 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.
      4. Remote Access Feature: Subscribers can use the remote access feature with Business Phone 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 Business Phone 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.).
    4. Business Phone offers professional installation of a voice-enabled modem.

      Optimum will be responsible for delivering dial tone to the demarcation point (NID) only. Subscriber will be responsible for wiring from the voice-enabled modem out to the individual phone(s). Optimum reserves the right to determine the manner in which the business wiring solution is executed. In certain cases, Optimum may be required to alter or adapt the Subscriber's inside wiring so that Business Phone is available on the existing phones. Business Phone does not offer a wire maintenance plan. The Subscriber is solely responsible for maintaining all inside wire and phones within the business. Business Phone will troubleshoot and fix reported problems for a specified service charge. The service charge is based on the then current rate in effect. In certain buildings such as multiple dwelling units, Business Phone may not have access to the Subscriber's inside wiring located within the business. In these instances, Optimum has the right to determine how best to wire the Subscriber's business.

    5. Alarm Systems. If Subscriber has a centrally monitored system, which is not (i) a high security monitoring system (UL 681 or similar) or (ii) an emergency medical alert system, Business Phone will be wired so that it may be available for use with such system. This request must be made at the time of sale. If you have a high security monitoring system (UL 681 or similar) or an emergency medical alert system, you must use an alternative connection. Although Business Phone will supply a connection that will allow the operation of Subscriber's existing business security system, Business Phone does not guarantee that any such system will be in complete operational order following the installation of Business Phone. As such, it is Subscriber's obligation to contact their security system provider to inform them of your Business Phone installation and any change in phone number and to request a complete operational test of such system immediately following installation of Business Phone service. In addition, it is your responsibility to test your system on a regular basis. Business Phone installation will insure proper wiring from the cable modem to the Optimum demark (NID/wiring block). However, any inside wiring from the NID/wiring block to the alarm panel is Subscriber's responsibility. In the event of a large-scale power outage or network outage (whether unplanned or maintenance related), Business Phone service, including any security system, which uses Business Phone to connect to central station monitoring, will not function.

      Optimum does not support the use of Business Phone as a connection between medical alert systems or, any high security monitoring systems (UL 681 or similar) and the central station monitoring and Subscriber must maintain an alternate connection. Optimum does not support the use of Business Phone as a connection between fire alarm systems (UL 864 or similar) and the central station monitoring for service locations in Pennsylvania. If Business Phone is used as a connection between fire alarm systems (UL 864 or similar) and the central station monitoring for a Subscriber service location as permitted hereunder, Subscriber agrees that it will be solely responsible for contacting its authorized central station monitored fire alarm system provider to test and verify that the central station monitored fire alarm system is in good working order following Optimum's Service installation, including the testing of proper line seizure functionality and the successful transmission of signals at the supervising station.

    6. Optimum Phone may occasionally offer additional service features or functionality. Information about these features or functions will be available through the Optimum Phone Home Page. These features or functions may be further subject to specific terms and conditions and subject to change at any time by Optimum.
  4. Business Phone Service Limitations:
    1. Service outages. Your voice-enabled modem is electrically powered some select models and will be provided with its own battery backup. If there is a local power outage the service will continue to work for as long as the battery is functional. However, if there is a disruption to the cable network or facilities, or if broadband connection is disrupted or not operating, the Service will not work regardless of the condition of the battery backup unit. In the event of a larger power outage, the modem, including all phones and services connected to or powered by it, will not work. Subscriber expressly acknowledges that in such cases Enhanced 911 service, and the use of Business Phone as the connection between a security system and central monitoring services will not work. Subscribers may choose to purchase an additional battery backup for use in the event of a non-network related outage at: http://shop.surfboard.com.
    2. Medical Alert Systems. Like any other communications service provider, we do not represent that our Service is fail-safe. In addition, Optimum prohibits the use of Business Phone 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.
    3. 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 Business Phone service.
    4. Limitations on Toll Free Calls. Business Phone Toll Free Service does not accept toll free calls that originate from payphones or toll free calls which require any operator intervention or screening for call completion including calls originating from lines within a prison or confinement/detention facility that are intended for inmate/detainee use and require outward call screening and restriction and private paystations that may or may not require coins for call completion.
  5. Equipment required. Business Phone service requires a voice-enabled cable modem (some models with battery backup) that is supplied through Subscriber's Secure Internet service (modem fees may apply). Upon termination of either Business Phone or Secure Internet Service for any reason, Subscriber may be asked to return the Optimum-supplied voice-enabled cable modem and battery backup unit(s) (excluding customer-purchased modems) within thirty (30) days or Subscriber will be charged an equipment fee equal to the fee charged by Optimum at the time the equipment was supplied by Optimum. Alternatively, Subscriber may purchase an approved voice-enabled cable modem here.
  6. Incorporation of Optimum's Agreement for Secure Internet: The Business Phone Service is offered as an additional service of Optimum's Secure Internet for Business Service offering. Subscriber agrees that the Additional Terms of Service for Secure Internet shall apply to Business Phone Services. The Additional Business Phone Terms shall control if any conflict occurs with the Additional Terms of Service for Secure Internet.
  7. Prohibited Uses. Business Phone is intended to enable the small business customer with unlimited inbound and outbound calling within the United States, Puerto Rico, Canada and the US Virgin Islands for a flat rate price including many popular features. Business Phone service may 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 Business Phone solely for outbound calling, including utilizing call forwarding or any other calling feature to achieve 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. Optimum reserves the right to disconnect without notice any prohibited transmissions or uses, including the use of the Service by the Subscriber that injuriously affects the efficiency of Optimum's personnel (direct or subcontracted), plant or property and to terminate Service in the event of violation of the foregoing use restrictions.
  8. Directory Listing: Optimum Phone for Business offers a directory listing capability that enables the Subscriber to list their phone number(s) in their local print White Pages as well as 411 Directory Assistance.
    1. Directory Listing Submission
      1. The Subscriber agrees to authorize Optimum to submit their directory-listing request to their local print telephone White Pages and 411 Directory Assistance.
      2. New Listings - For a new listing submission, Optimum will submit a single entry, straight line listing to the local directory as well as 411 Directory Assistance. A 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.
    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 Phone for Business phone lines.
      3. Subscriber agrees that:
        1. They have the authority to add/update/delete Directory Listings associated with the Subscriber's account.
        2. Directory listing submission(s) do not mislead or impersonate any person or company.
        3. Directory listing submission(s) do not contain false listing information.
        4. Directory listing submission(s) do not contain abusive, defamatory, vulgar, obscene, racist or any other language objectionable to any person or entity as determined by Optimum or the publisher in its sole discretion.
  9. Optimum Rights. Optimum may, at any time and in its sole discretion, without notice, change, add to or remove portions of the Service (including, without limitation, functionality, hours of availability, Equipment requirements, Equipment, and Services features), and/or institute or otherwise change rates, fees and charges for 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 by 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 Service, you have the right to cancel your Service. Your continued receipt of the Service for more than thirty (30) days after the change, however, will constitute your acceptance of the change.

 

Effective: August 1, 2022