Optimum Phone Terms of Service Phone (Residential)
Subscriber understands and agrees that these additional Optimum Phone Terms of Service (“Phone Terms”) are incorporated into and made a part of the General Terms and Conditions of Service (“Terms of Service”) and apply to the voice-over IP residential phone service ("Optimum Phone Service” 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 Phone Terms also incorporate and include the Optimum Customer Privacy Notice, and where applicable, the additional Internet Terms and TV Terms, as they may be changed from time to time.
THESE ADDITIONAL PHONE TERMS GOVERNING YOUR USE OF OPTIMUM 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 the Optimum Phone Service shall be deemed acknowledgment that Subscriber has read and agreed to the Terms of Service, including these Phone Terms. Any user who does not agree to be bound by the Terms of Service, including these Phone Terms, should immediately stop their use of the Optimum Phone Service and notify the Optimum Customer Service Department to terminate the account. This is a legally binding document.
- Services Provided: Optimum Phone digital phone service provides unlimited calling within the United States, Puerto Rico, Canada and the U.S. Virgin Islands, and where applicable, in connection with the Optimum Internet service, in accordance with the following terms and conditions. Optimum Phone also provides international calling at per minute rates ("International Calling Plan") for direct-dialed calls made from the Subscriber's residence or from any phone via the International Calling Plan remote access number to destinations outside of the U.S., Puerto Rico, Canada and the U.S. Virgin Islands. Depending on services provided, if Subscriber turns off international dialing, Subscriber may no longer be able to call Puerto Rico, Canada, U.S. Virgin Islands, and Guam at no cost.
- Monthly Service Fee: Subscriber agrees to pay the monthly service charge for Optimum Phone Service and any per-minute charges incurred for international calling, as well as any applicable taxes and regulatory fees. Optimum Phone Service is offered only as an additional service of Optimum Internet, except in limited areas where the service may be purchased as a stand-alone service. Optimum reserves the right to increase or decrease the fee for any services offered. Fees for Optimum Phone Service shall be posted on Optimum.com/InternationalRates. Optimum Phone Service will be terminated in the event the Subscriber does not pay. The interstate/international allocation of Optimum Phone telephone service is based upon a traffic study that analyzes the intrastate, interstate and international minutes of all customers.
- Optimum Phone Service Features: Optimum Phone Service is offered with the following features:
- Unlimited local, regional and long distance calling within the United States, Puerto Rico, Canada and the U.S. Virgin Islands.
Optimum Phone International Calling Plan for direct-dialed calls made from the Subscriber's residence or from any phone via the International Calling Plan remote access number to destinations outside of the U.S., Puerto Rico, Canada and the U.S. Virgin Islands at per-minute rates. Only Subscribers in New York, New Jersey and Connecticut may use the remote access feature to make international calls. The per-minute rates vary by destination and are posted at Optimum.com/InternationalRates. The per minute rates are subject to change at any time and any updates will be effective upon posting at Optimum.com/InternationalRates. Charges for International Calling Plan at the per-minute rates will appear on Subscriber's monthly billing statement for the relevant usage cycle as indicated on the billing statement (the "<strong>Usage Cycle</strong>"). International Calling Plan will be billed in thirty-second increments and rounded up to the nearest thirty second increment for Subscribers in New York, New Jersey and Connecticut. International Calling Plan will be billed in 60-second increments and rounded to the nearest minute for Subscribers not in New York, New Jersey, Connecticut and Pennsylvania.
IMPORTANT: It is the Subscriber's responsibility to properly secure their own account, phone system and network, including, but not limited to securing a 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 Plan without prior notice until the Subscriber properly secures their account, phone system (including the PBX) or network. Subscribers are responsible for all charges incurred as a result of an unsecured or compromised account, phone system or network.
Optimum may impose limits on the unpaid balance for International Calling Plan 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. To the extent Calling Limits are imposed, they are as follows: (i) Subscribers in good standing with Optimum Phone Service for less than 90 consecutive days have a Calling Limit of Fifty Dollars ($50) per Usage Cycle and (ii) Subscribers in good standing with Optimum Phone Service for 90 or more consecutive days have a Calling Limit of One Hundred Fifty Dollars ($150) per Usage Cycle. Where Calling Limits are imposed, Subscribers may create "Personal Calling Limits" whereby they set a maximum aggregate amount of fees for International Calling Plan that can be accrued during a Usage Cycle which amount is lower than the Calling Limit that may be imposed by Optimum. Except as described below, where Calling Limits are imposed, Subscribers will not be able to complete International Calling Plan calls in the event they have reached the Calling Limit or Personal Calling Limit. Where Calling Limits are imposed, if a Subscriber is within $10 of their relevant Calling Limit, they have the ability to make additional International Calling Plan (the amount of such limits subject to the discretion of Optimum) during the current Usage Cycle by making a payment in the amount of their current Calling Limit plus any outstanding account balances. Where the remote access feature with International Calling Plan is available, subscribers can use the remote access feature with the International Calling Plan at per-minute rates while away from Subscriber's residence. Subscriber understands that when using the remote access feature to make International Calling Plan at per-minute rates, additional third party charges may also apply (i.e., pay phones charges, cellular charges or hotel phone system charges). Subscribers will automatically be enabled to complete international calls via International Calling Plan at the per-minute rates, subject to certain exceptions for those Subscribers enrolled in the
International Per Minute Calling Plan (as described in Section 3(G) below). Once a Subscriber is no longer enrolled in one of the Optional International Calling Plans, international calls will automatically be placed as a call in the International Calling Plan at the per-minute rates and charges will be added to Subscriber's monthly billing statement. In addition, for those Subscribers enrolled in one of the Optional International Calling Plans, any international calls exceeding the international calling minutes allotted by the Optional International Calling Plan or international calls made to destinations not included in the Optional International Calling Plans, will be charged at the International Calling Plan per-minute rates and charges will be added to Subscriber's monthly billing statement. Destinations excluded from the International Calling Plan include Satellite phones, Global Network Numbers and Audio-text lines/destinations.
For customers not in New York, New Jersey, Connecticut and Pennsylvania, if you are not enrolled in the International Calling Plan, you are not capable of making international calls.
- Optimum Phone features includes call waiting, caller ID with name, call waiting with caller ID, anonymous call blocker, private outbound calling, busy redial, caller ID blocking (*67), call return (*69), three-way calling, call forwarding, call forwarding on busy/no answer (with voicemail), block unwanted callers, enhanced voicemail, and unlimited inbound calling. Additionally, Optimum Phone Subscribers in New York, New Jersey and Connecticut have features that include find me, VIP ringing, call forwarding on busy/no answer, call forward time of day, do not disturb and back up phone. Optimum 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 and Find Me are not available outside the continental U.S, Canada, Puerto Rico and the U.S. Virgin Islands.
Enhanced 911 ("E-911") is a feature of the Optimum 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:
The emergency service provider handling the E-911 call, and the address the emergency service provider will see, are linked to the service address Optimum has on file when the Subscriber originally signed up for phone service. If the Subscriber does not correctly identify where the Subscriber's Phone-enabled cable modem is actually located, or if the Phone-enabled cable modem is moved away from the original service address, the Subscriber's 911 calls may be misdirected to the wrong home 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.
- IMPORTANT INFORMATION: Regarding Keeping Your Optimum Phone Number When you Move: Please be aware that during the first 72 hours of arriving at Subscriber's new service address, if Subscriber dials 911 from their Optimum Phone , Subscriber must relay to the emergency service operator the 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.
- Optimum Phone Service does not have its own power supply. If there is a power outage, or if there is a disruption to the network or facilities, the Service will not work. Subscriber expressly acknowledges that in such cases it will not be possible to place or receive calls including calls to access emergency 911 services. SUBSCRIBER ACKNOWLEDGES AND UNDERSTANDS THAT OPTIMUM PHONE DOES NOT GUARANTEE THAT E911 OR 911 DIALING WILL BE AVAILABLE IN THE EVENT OF A POWER FAILURE OR FAILURE OF THE OPTIMUM PHONE NETWORK.
- If the Subscriber so chooses, Subscriber may separately purchase a battery backup for use with their Phone-enabled cable modem in the instance of a non-network related outage at https://shop.surfboard.com/optimum-store.
- Resetting equipment after a Power Failure. A power failure or disruption in the Optimum Phone Service may require Subscriber to reset or reconfigure equipment prior to utilizing the Phone Service or E911 or 911 dialing. A power failure may also include a battery failure in the cable modem. If Subscriber experiences a battery failure in the cable modem, Subscriber may contact Optimum Phone for instructions on how to obtain a new battery, if desired.
- Use of TDD or TTY Devices. Subscriber acknowledges that E911/911 service may not be fully compatible with all types of TDD or TTY devices for the hearing impaired. Optimum Phone does not guarantee or offer emergency services compatible with any TDD/TTY or other hearing impaired devices.
- Optimum Phone subscribers with Cable Internet Services in New York, New Jersey and Connecticut can purchase up to four (4) lines at their service address. Optimum Phone subscribers with Cable Internet Services not in New York, New Jersey, Connecticut and Pennsylvania can purchase up to two (2) lines at their service address. Optimum Phone subscribers with Optimum Fiber Network services may purchase one (1) line.
Optimum offers the following installation options:
Basic installation: Optimum will connect one (1) telephone or wireless telephone base station to an available phone port activated on the applicable Optimum Phone cable modem. Optimum is not responsible for connecting other phones in the home to the Optimum Phone cable modem.
Self-Installation (where available): With Self-Installation, a self-install kit is shipped directly to a Subscriber's home or can be picked up at an Optimum Store. With this kit, the Subscriber will be able to connect one (1) telephone or wireless telephone base station to the Optimum Phone cable modem.
Home Wiring: Where available, Optimum provides a Home Wiring solution that enables Subscribers to use Optimum Phone on existing home phone jacks. Optimum reserves the right to determine the manner in which the home wiring solution is executed in the Subscriber's home. In certain cases, Optimum may be required to alter or adapt the Subscriber's inside wiring so that Optimum Phone is available on the existing phone jacks. Home Wiring does not include wall fishing and custom wiring. A fee may apply for Home Wiring.
Alarm Wiring: Where available, Subscribers who wish to use Optimum Phone as the connection between their home security system and central station monitoring, must request Alarm Wiring.
NOTE: The Subscriber is solely responsible for maintaining all inside wiring and phones within the service location. Optimum will troubleshoot and fix reported problems for a specified fee or service charge. The fee or service charge is based on the then current rate in effect.
Where permitted and available, in certain buildings such as multiple dwelling units, Optimum may not have access to the Subscriber's inside wiring located within the apartment unit. In these instances, Optimum shall use commercially reasonable efforts to determine whether and how best wire the Subscriber's home, either by installing a predetermined number of new jacks in the Subscriber's home or by performing the Basic Installation described above.
- Optional International Calling Plans. Optimum Phone offers the following optional international calling plans for direct-dialed calls made from the Subscriber's home to locations outside of the U.S., Puerto Rico, Canada and the U.S. Virgin Islands.
- Optimum Phone International Per Minute Calling Plan (“International Per Minute Calling Plan”). The International Per Minute Calling Plan is only available to those Subscribers in New York, New Jersey Connecticut who have been continuously enrolled in the plan since August 29, 2013. A Subscriber who chooses to participate in the International Per Minute Calling Plan will be charged for direct-dial international calls and remote calls at the current per minute rates available at optimum.com/internationalrates in addition to the flat monthly recurring rate that the Subscriber pays for the Optimum Phone service. Subscribers can use the remote access feature to make international calls at the International Per Minute Calling Plan rates while away from Subscriber's residence, if traveling within the fifty United States, Puerto Rico, Canada or the U.S. Virgin Islands. Subscriber understands that when using the remote access feature to make international calls, additional third party charges may also apply (i.e., pay phones charges, cellular charges or hotel phone system charges). The International Per Minute Calling Plan is further subject to the specific terms and conditions governing Subscriber's enrollment in this optional calling plan. You may access the specific terms and conditions applicable to the International Per Minute Calling Plan. Optimum reserves the right to modify service features at any time. Upon Subscriber's termination of enrollment in the Optimum Phone International Per Minute Calling Plan, any subsequent international calls will be charged at the International Calling Plan per minute rates (described in Section 3.b. above) and charges will be added to Subscriber's monthly billing statement. The Optimum Phone International Calling Plan per minute rates (described in Section 3.b) are not available to those Subscribers enrolled in the International Per Minute Calling Plan.
- Other Optimum Phone Optional International Calling Plans. Optimum may from time to time offer other optional international calling plans. These plans may be further subject to specific terms and conditions and subject to change at any time by Optimum. Specific terms and conditions are applicable to these international calling plans.
- Optimum Phone International Per Minute Calling Plan (“International Per Minute Calling Plan”). The International Per Minute Calling Plan is only available to those Subscribers in New York, New Jersey Connecticut who have been continuously enrolled in the plan since August 29, 2013. A Subscriber who chooses to participate in the International Per Minute Calling Plan will be charged for direct-dial international calls and remote calls at the current per minute rates available at optimum.com/internationalrates in addition to the flat monthly recurring rate that the Subscriber pays for the Optimum Phone service. Subscribers can use the remote access feature to make international calls at the International Per Minute Calling Plan rates while away from Subscriber's residence, if traveling within the fifty United States, Puerto Rico, Canada or the U.S. Virgin Islands. Subscriber understands that when using the remote access feature to make international calls, additional third party charges may also apply (i.e., pay phones charges, cellular charges or hotel phone system charges). The International Per Minute Calling Plan is further subject to the specific terms and conditions governing Subscriber's enrollment in this optional calling plan. You may access the specific terms and conditions applicable to the International Per Minute Calling Plan. Optimum reserves the right to modify service features at any time. Upon Subscriber's termination of enrollment in the Optimum Phone International Per Minute Calling Plan, any subsequent international calls will be charged at the International Calling Plan per minute rates (described in Section 3.b. above) and charges will be added to Subscriber's monthly billing statement. The Optimum Phone International Calling Plan per minute rates (described in Section 3.b) are not available to those Subscribers enrolled in the International Per Minute Calling Plan.
- Optimum Phone Service Limitations:
- Service outages: The Optimum Phone equipment is electrically powered and will not work in a power outage or if broadband connection is disrupted or not operating. In the event of power outages, the equipment, including all phones and services connected to or powered by it, will not work. Power outages will disrupt Enhanced 911 service, and the use of Optimum Phone as the connection between a home security system and central monitoring services. Subscriber may choose to purchase a battery backup for use in the event of a non-network related outage at https://shop.surfboard.com/optimum-store.
Home security systems: If Subscriber has a centrally monitored home security system, and selects our Alarm Wiring option, Optimum Phone will be wired so that it may be available for use with such system. Although Optimum Phone will supply a connection that will allow the operation of Subscriber's existing home security system, Optimum Phone does not guarantee that any such system will be in complete operational order following the installation of Optimum Phone. As such, it is Subscriber's obligation to contact their home security system provider to inform them of Optimum Phone installation and any change in phone number and to request a complete operational test of such system immediately following installation of Optimum Phone Service. In addition, it is Subscriber's responsibility to test their system on a regular basis. In the event of power outage or network outage (whether unplanned or maintenance related), your Optimum Phone Service, including any home security system, which uses Optimum Phone to connect to central station monitoring, will not function. If Subscriber so chooses, Subscriber may separately purchase a battery backup for use with their Phone-enabled cable modem in the instance of a non-network related outage at https://shop.surfboard.com/optimum-store.
Like any other communications service provider, we do not represent that our service is fail-safe. In addition, Optimum prohibits the use of Optimum 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.
- 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 Optimum Phone Service.
- Calling Plans. Subscriber expressly agrees that Subscriber will not have the option of subscribing to a "local only" or "long-distance only" service, nor will Subscriber be able to subscribe to a separate local, toll or long distance provider for use in conjunction with the Optimum Phone Service.
- Equipment required: Optimum Phone Service requires a Phone-enabled modem or gateway. Optimum will supply a Phone-enabled modem or gateway for so long as Subscriber remains an Optimum Phone Subscriber (modem or gateway fees may apply) or until Optimum changes this service offering. Upon termination of either Optimum Phone or Optimum Internet Service for any reason, Subscriber may be asked to return the Optimum supplied (excluding customer purchased equipment) Phone-enabled modem or gateway within thirty (30) days or Subscriber will be charged an equipment fee equal to the fee charged by Optimum at the time the Phone-enabled modem or gateway was supplied by Optimum.
- Directory Listing: Optimum Phone offers a directory listing capability. Details are available by going to https://www.optimum.net/phone.
- Incorporation of Internet and TV Terms: Where applicable, Optimum Phone Services are offered as an additional service of the Optimum Internet and/or Optimum TV Service offerings. Subscriber agrees that, as applicable, the Internet Terms or TV Terms shall apply to Optimum Phone Services. The Phone Terms shall control in the event of any conflict with the Internet Terms or TV Terms.
- Use of Phone Service
- Prohibited Uses: Optimum Phone Service may be used as a residential phone service only and may not be used for commercial purposes, including, but not limited to, telemarketing, call center services, medical transcription or facsimile broadcasting. In addition, Optimum Phone is not permitted to use for/by resale of service, business use, telemarketing use, wholesale use, re-dialers, auto-dialers, predictive dialers, or callback applications. Optimum Phone is intended to be used consistent with its intended normal residential use. For instance, unlimited Phone plans are intended to be used for continuous live dialog between the subscriber and a third party. Certain other activity such as excessive consistent usage, unusual call patterns, utilizing call forwarding or any other calling feature to achieve outbound calling, and lack of continuous dialog activity may be presumed indicative of use that is inconsistent with normal use of the service in violation of these terms of service.
- Interference/Hazardous Conditions. Optimum may disconnect Subscriber's Service without prior notice if Optimum finds, in Optimum’s sole judgment, that Subscriber's use of the Service is causing interference to others or Subscriber has moved or tampered or allowed others to tamper with any equipment. Optimum may also disconnect Subscriber's Phone Service without prior notice if Optimum finds, in Optimum’s sole judgment, that hazardous conditions exist that would make Subscriber's continued use of the Service unsafe.
- 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 31 of the Terms of Service, including by posting notice of such changes on Optimum’s website (https://www.optimum.com/terms-of-service), 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 Phone, 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