Optimum WiFi Terms of Use for Non-Subscribers
(Effective March 28, 2014)
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT THAT AFFECTS YOUR RIGHTS, INCLUDING THE WAIVER OF CLASS ACTIONS AND JURY TRIALS. THE AGREEMENT ALSO CONTAINS PROVISIONS FOR OPTING OUT OF ARBITRATION. PLEASE REVIEW IT CAREFULLY.
CSC Holdings, LLC ("Cablevision") is pleased to provide its Optimum WiFi to you in accordance with these Optimum WiFi Terms of Use ("Terms"), which incorporate and includes the Cablevision Internet Product Acceptable Use Policy, which may be changed from time to time.
Your use of Optimum WiFi is your acknowledgment that you have read and agreed to these Terms of Use which is a legal document.
Access to and Use of Optimum WiFi
You understand that Optimum WiFi is a feature of Cablevision's Optimum Online service and that you are being provided limited temporary access to Optimum WiFi. You are permitted to use Optimum WiFi only for lawful purposes.
You acknowledge and agree that you will be responsible for all activities during any session using Optimum WiFi under your registration information. You may not provide any third party with your registration information for the purpose of accessing Optimum WiFi. You may use Optimum WiFi solely for your own lawful personal purposes. You may not in any way distribute, resell or otherwise provide third parties with access to or use of Optimum WiFi.
Collection and Use of Information.
In order to access Optimum WiFi on a temporary basis, you must provide certain information that may include, among other things, your first and last name, your home addresses, your telephone number, and your payment card information. We may also automatically collect certain information, such as MAC address and device type, in order to provide you services and improve your service experience. You agree that in addition to using your information to facilitate your temporary access to and use of Optimum WiFi and bill you if required, Cablevision may use your information for other business purposes, which may include but not be limited to, protecting the security of users and Optimum WiFi, detecting and preventing fraud, and marketing and promoting our services or third party services to you..
While using Optimum WiFi, Cablevision will also collect information regarding your access to and usage of the service. Cablevision may use this information for business purposes including but not limited to improving and enhancing Optimum WiFi and gauging the effectiveness of Optimum WiFi. In some cases Cablevision may combine information collected from users with demographic or other information (such as census records or customer information in our regular business records). By accessing Optimum WiFi on a temporary basis, you are not becoming an Optimum subscriber and your use of Optimum WiFi services is governed by these Terms of Use, and not the Agreement between Cablevision and its subscribers.
Sometimes, Cablevision may provide access to your information to select third parties, including its agents and service providers to assist in providing services or for other legitimate business purposes, such as payment card processing companies to complete your purchases. Cablevision may also provide its affiliates with access to your information. You acknowledge and agree that Cablevision may disclose your information to certain third party partners participating in the Optimum WiFi HotSpot program and your information will be used by them in accordance with their own privacy practices. In addition, you acknowledge and agree that Cablevision may also disclose your information if Cablevision is required to do so by law or if Cablevision has a good faith belief that such disclosure is reasonably necessary (a) to comply with applicable law, a subpoena, or other legal process; (b) to investigate violations of these Terms of Use, or other contracts Cablevision has with you; (c) to respond to claims that your use of Optimum WiFi violates the rights of third parties; (d) to respond to your requests for customer service; and (e) to protect the rights, property, or personal safety of the public, Cablevision, its agents, its users, or Optimum WiFi.
Performance of Optimum WiFi
In order to use Optimum WiFi, you must have a WiFi- capable device that (a) meets U.S. and other applicable technical standards; (b) is compatible with Optimum WiFi; (c) renders web pages in a standard HTML browser application; (d) runs the IP protocol; and (e) is configured to obtain web addresses automatically. The WiFi device must be in close enough proximity to Optimum WiFi wireless access points to achieve connectivity with the Optimum WiFi network. Optimum WiFi access location lists/maps may be updated from time-to-time. Actual Optimum WiFi coverage, locations and quality may vary.
You agree that Cablevision will use its best efforts to provide useful and reliable Optimum WiFi service, but acknowledge that Optimum WiFi utilizes public, unlicensed radio-frequency spectrum. As such, Optimum WiFi is subject to external interferences, environmental influences, and other factors and variables beyond our reasonable control. Performance and availability may vary, including but not limited to or affected by, (a) transmission and download speed and accuracy; (b) network congestion; (c) performance, configuration, and functionality of your WiFi devices and wireless cards (including, but not limited to memory, storage and other limitations; (d) physical obstructions and distances between your WiFi device and the Optimum WiFi network; (e) availability of electric power; (f) collocation failures; (g) transmission and equipment limitations, failures, maintenance or repair; and (h) user error. Optimum WiFi may also be interrupted, refused, limited or curtailed for these reasons. We are not responsible for data lost or misdirected due to these and other foreseeable and unforeseeable factors. Network speed is an estimate and is no indication of the speed at which your WiFi device or Optimum WiFi will operate. Actual network speed and other performance will vary.
In order to maintain acceptable levels of service for all Optimum WiFi users and to improve this service, we reserve the right to monitor use of Optimum WiFi and to make such adjustments to the use of such services as necessary to maximize the benefit and enjoyment for all Optimum WiFi users. Additionally, the Optimum WiFi service may use automated processes to monitor and scan communications over the Optimum WiFi network in order to maintain and provide services, improve your experience, ensure the integrity of your communications, convey messages related to your Optimum WiFi account, deliver relevant advertising and for various other purposes related to the provision of Optimum WiFi services. By using the Optimum WiFi service, you acknowledge and consent to Cablevision's automated processing of your communications through the Optimum WiFi network, including information such as your IP or MAC address, HTTP requests and other information related to the provision of this service.
Service Subject To Interception and Unauthorized Use
You acknowledge that communications over the Optimum WiFi network may be subject to interception by unauthorized third parties. Although Cablevision uses commercially reasonable efforts to provide you with a secure and reliable service, your use of Optimum WiFi is AS IS and AS AVAILABLE and we cannot and do not make any general or specific warranties regarding the security, availability, performance or other functionality of Optimum WiFi. You are responsible for implementing your own security protections while using Optimum WiFi. In the event you become aware of any unauthorized use of Optimum WiFi or any other security breach, you agree to immediately notify us. Cablevision expressly disclaims any responsibility or liability for your use of Optimum WiFi and for any lack of security that may result from your use of Optimum WiFi. You agree to hold Cablevision harmless for the loss of any file, data or other information while using the service, and for any unauthorized access to or utilization by any third party of any of your personal, financial, or other sensitive information.
You understand and agree that the Optimum WiFi "watermark" bearing our logo may appear superimposed from time to time over portions of website pages you visit, that the watermark is intended solely to identify Optimum WiFi as the source of your wireless Internet access service, and that this in no way indicates Cablevision'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 Cablevision responsible in any way for any third party website content or the operation of any third party website accessed via Optimum WiFi, or for the appearance of our Optimum WiFi "watermark" over a portion of any website.
Disclaimer of Warranties and Limitation of Liability
Cablevision expressly disclaims all warranties, including, but not limited to, warranties of merchantability or fitness for a particular purpose. Neither Cablevision, nor any of its parents, partners, affiliates, subsidiaries, members, directors, officers, employees, agents, and operational or promotional providers, are liable or shall have responsibility of any kind to any user for any loss or damage that a user incurs in the event of (i) any failure or interruption of Optimum WiFi; or (ii) any other cause relating to user's access or use, or inability to access or use, Optimum WiFi;, whether or not the circumstances giving rise to such cause may have been within the control of Cablevision or any vendor providing software, services or support. Unless applicable law provides otherwise, in no event will Cablevision, its parents, partners, affiliates, subsidiaries, members, officers, employees, agents, and operational or promotional providers be liable to any user for any direct, special, indirect, consequential, punitive, or incidental damages or any other loss or damages of any kind even if Cablevision, its affiliates or any other party has been advised of the possibility thereof.
Termination
Any conduct that violates these Terms of Use, or any additional posted policies or requirements, in any way may result in the termination of your access to Optimum WiFi and forfeiture of any unused WiFi access minutes remaining in your account, in Cablevision's sole discretion, in addition to any other legal remedies.
Indemnification
You agree to indemnify and hold harmless Cablevision, its parents, partners affiliates, subsidiaries, members, directors, officers, employees, agents, and operational or promotional providers, from and against all liabilities, claims, damages and expenses, including attorney's fees, arising out of your use of Optimum WiFi, or your violation or alleged violation of these Terms of Use.
Arbitration
Except as noted below under "Excepted Claims," any and all disputes arising between You and Cablevision, including its respective parents, subsidiaries, affiliates, officers, directors, employees, agents, predecessors, and successors, shall be resolved by binding arbitration on an individual basis in accordance with this Arbitration Provision.
Resolving Your dispute with Cablevision through arbitration means You will have a fair hearing before a neutral arbitrator instead of in a court before a judge or jury. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND CABLEVISION EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.
IF YOU DO NOT WISH TO BE BOUND BY REVISIONS TO THIS ARBITRATION PROVISION, YOU MUST NOTIFY CABLEVISION IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST RECEIVE NOTICE OF THIS PROVISION BY EMAILING US AT NOARBITRATION@CABLEVISION.COM OR BY MAIL TO CABLEVISION RESEARCH & SUPPORT, 1111 STEWART AVENUE, BETHPAGE, NY 11714 ATTN. ARBITRATION. YOUR WRITTEN NOTIFICATION TO CABLEVISION MUST INCLUDE YOUR NAME, ADDRESS, AND CABLEVISION ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH CABLEVISION THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF REVISIONS TO THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH CABLEVISION OR THE DELIVERY OF CABLEVISION SERVICES TO YOU. OPTING OUT OF REVISIONS TO THE ARBITRATION PROVISION HAS NO EFFECT ON ANY PREVIOUS, OTHER, OR FUTURE ARBITRATION AGREEMENTS THAT YOU MAY HAVE WITH CABLEVISION.
Because the Service(s) provided to You involves interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all disputes under this Arbitration Provision. Any state statutes pertaining to arbitration shall not be applicable. You and Cablevision agree that applicable state law or federal law shall apply to and govern, as appropriate, the substance of all claims or causes of action, remedies, and damages arising between You and Cablevision.
The arbitration will be administered by the American Arbitration Association ("AAA"), 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, under the AAA's Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, as modified by this Arbitration Provision. You may obtain copies of those rules from the AAA at www.adr.org or by calling 1-800-778-7879. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve Your dispute. If this situation arises, or if the AAA for any reason cannot serve as the arbitration organization, the parties shall agree on a substitute arbitration organization or ad hoc arbitration, which will enforce this Arbitration Provision as to the dispute. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization or ad hoc arbitrator that will enforce this Arbitration Provision as written. If there is a conflict between this Arbitration Provision and the AAA rules, this Arbitration Provision shall govern.
A single arbitrator will resolve the dispute between You and Cablevision. Participation in arbitration may result in limited discovery. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect confidential or proprietary information, including subscriber personally identifiable information.
All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Arbitration Provision, or the interpretation of its prohibitions of class, representative, and private attorney general proceedings and non-individualized relief shall be for a court of competent jurisdiction to decide. The Arbitrator is limited and bound by terms of this Arbitration Provision. Although the arbitrator shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law, the arbitrator shall not be bound by rulings in other arbitrations involving different customers. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Unless the parties agree otherwise, any arbitration hearings will take place in a location convenient to You in the area where You receive the Service(s). If the amount in dispute is less than $50,000, Cablevision agrees that You may choose whether the arbitration is conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by AAA rules.
If the amount in dispute exceeds $75,000 or the claim seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
You agree that if You fail to notify Cablevision in writing within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute, then to the fullest extent permitted by law, You waive the right to pursue, in any forum, including arbitration or court, a claim based upon such event, facts or dispute.
Cablevision will pay all arbitration filing, administrative, and arbitrator fees for arbitrations that it commences. If You commence an arbitration, You will be responsible for paying a portion of arbitration fees as follows: If You are seeking relief valued at up to $1,000, Your share of such fees shall be capped at $25, and if You commence an arbitration seeking relief valued at between $1,001 and $10,000, Your share of such fees shall be capped at $100. If You commence an arbitration seeking relief valued at greater than $10,000, arbitration filing, administrative, and arbitrator fees shall be allocated in accordance with the AAA rules. If You cannot pay Your share of these fees, You may request a fee waiver from the AAA. In addition, Cablevision will consider reimbursing Your share of these fees if You indicate You cannot afford them and, if appropriate, will pay directly all such fees upon Your written request prior to the commencement of the arbitration. You are responsible for all additional costs and expenses that You incur in the arbitration, including, but not limited to, attorneys' or expert witness fees and expenses, unless the arbitrator determines that applicable law requires Cablevision to pay those costs and expenses.
If the arbitrator concludes that Your claim is frivolous or has been brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)), then the AAA rules shall govern the allocation of arbitration fees, and You agree to reimburse Cablevision for any amounts Cablevision may have paid on Your behalf. In addition, in such cases, the arbitrator shall have the same discretion that a court would have to require You to pay Cablevision's attorneys' fees and expenses. If Cablevision is the claimant, the arbitrator shall have the same discretion to require Cablevision to pay Your attorneys' fees and expenses if the arbitrator concludes that Cablevision's claim is frivolous or has been brought for an improper purpose.
YOU AGREE TO ARBITRATE YOUR DISPUTE AND TO DO SO ON AN INDIVIDUAL BASIS; CLASS, REPRESENTATIVE, AND PRIVATE ATTORNEY GENERAL ARBITRATIONS AND ACTIONS ARE NOT PERMITTED. You and Cablevision agree that each party may bring claims against the other only in Your or its individual capacity and may not participate as a class member or serve as a named plaintiff in any purported class, representative, or private attorney general proceeding. This Arbitration Provision does not permit and explicitly prohibits the arbitration of consolidated, class, or representative disputes of any form. In addition, although the arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other Cablevision account holders, neither You nor Cablevision may seek, nor may the arbitrator award, non-individualized relief that would affect other account holders. Further, the arbitrator may not consolidate or join more than one person's claims unless all parties affirmatively agree in writing.
If any of the prohibitions in the preceding paragraph is held to be unenforceable as to a particular claim, then that claim (and only that claim) must be severed from the arbitration and brought in court. In that instance, or any instance when a claim between You and Cablevision proceeds to court rather than through arbitration, You and Cablevision each waive the right to any trial by jury through this Agreement.
If any other portion of this Arbitration Provision is determined to be unenforceable, then the remainder of this Arbitration Provision shall be given full force and effect. The terms of the Arbitration Provision shall survive termination, amendment or expiration of this Agreement.
For purposes of this Agreement, the term "Excepted Claims" shall mean claims by either party relating to a party's intellectual property rights or to the unauthorized use, theft, or piracy of Cablevision products or services. In addition, either You or Cablevision may bring claims in small claims court in Your jurisdiction, if that court has jurisdiction over the parties and the action and the claim complies with the prohibitions on class, representative, and private attorney general proceedings and non-individualized relief discussed above. You may also bring issues to the attention of federal, state, and local executive or administrative agencies.
Changes to Optimum WiFi and these Terms of Use
You agree that Cablevision may for any reason, and without notice to you, modify or terminate Optimum WiFi and these Terms of Use without liability to you, any user or any third party.
We urge you to review these Terms of Use periodically so that you will be aware of any modifications.
Effective March 28, 2014