Acceptable Use Policy

This Acceptable Use Policy ("AUP") has been created to promote the integrity, security, reliability, and privacy of Optimum Internet (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. Optimum reserves the right to modify the AUP at any time and any such modifications shall be automatically effective to all users when adopted by Optimum. The Subscriber recognizes and agrees that the then current version of the AUP to be maintained by Optimum and posted on Optimum's website will supercede all previous versions of 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 is responsible for ensuring that the use of all Services provided complies with this AUP and associated TOS. Any 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 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, is objectionable or unlawful, interferes with the functioning of Optimum's system or network or the Internet or use thereof by others.

 

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.  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 sole opinion, places an unusually large burden on the network or goes above normal usage. Optimum has the right to impose limits on excessive bandwidth consumption via any means available to Optimum.  Additional information regarding our network management practices is available in Optimum's Open Internet Disclosure Statement.
  • Assuming or assigning a 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).

 

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

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 a Service 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. 

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 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.

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 a User is considered to be harassment.  

 

USENET/Internet Chat

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. Users are responsible for determining the policies of a given group/room before posting to it. Additionally, 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

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, 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.

 

User Responsibility

Users are solely responsible for the security and 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 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.  Further, the speed at which a User connects to the Internet is dependent upon many factors, including a User's hardware and software and the activities in which the user is engaging.  Optimum does not guarantee or warrant any particular speed of Internet connection.

 

Viruses

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 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 information from the Subscriber or other Users involved and the complaining party, if any, and the examination of material on Optimum's servers and network. Optimum prefers to advise Users of AUP violations and any necessary corrective action but, if Optimum, in its sole discretion, determines that a User has violated the AUP, Optimum will take any responsive action that is deemed appropriate without prior notification. 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 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.

 

Effective August 1, 2022