Notice of Amendment to Agreement for Optimum Online for Business

Notice of Amendment to
Agreement for Optimum Online for Business

Cablevision is hereby amending its Agreement for Optimum Online for Business as set forth below, and such amendment will become effective on January 4, 2016.

Agreement for Optimum Online for Business

CSC Holdings, LLC on behalf of itself and its affiliates and subsidiaries authorized to provide the services set forth herein (collectively, "Cablevision") is pleased to provide its Optimum Online high-speed Internet access (the "Optimum Online Service(s)") to you in accordance with these terms and conditions, which terms and conditions incorporate and include the General Terms and Conditions of Service, Optimum WiFi Terms of Use for Subscribers, Cablevision Internet Product Acceptable Use Policy, Cablevision's Open Internet Disclosure Statement , and the Cablevision Customer Privacy Notice, as they may be changed from time to time.

Subscriber's use of the Optimum Online Service(s) shall be deemed acknowledgment that Subscriber has read and agreed to these terms of service. Any user who does not agree to be bound by these terms should immediately stop their use of the Optimum Online Service and notify the Cablevision Customer Service Department to terminate the account. This is a legal document.

1. Definitions:
   1. Subscriber or User: Each member of your business establishment and any other individual who uses the Computer and Optimum Online irrespective of the individual in whose name the account is in or who owns, rents or uses the premises on which the Computer is located.
   2. Computer: An electronic device that includes networking equipment including but not limited to routers, firewalls, switches and surveillance systems that can store, receive and process data and which has the minimum requirements necessary to operate Optimum Online as outlined in the informational literature provided by Cablevision for Optimum Online.
   3. Dynamic Domain Name Service ("DDNS"): DDNS is available to Optimum Online Ultra 50 and Optimum Online Ultra 101 customers and is a service that maps internet domain names to changing IP addresses.
   4. Equipment: All equipment owned by Cablevision delivered to and installed in the Subscriber's place of business including but not limited to all cable wire, the Modem (unless purchased separately), a router, range extender(s) and certain software necessary to receive Optimum Online Service.
   5. Modem: A device that converts and transmits computer data over cable lines.
   6. Optimum Online: An electronic two way online information and communication service of Cablevision (which includes proprietary products of Optimum Online as well as Internet access) which is delivered over the cable system via a cable modem to a computer. The service is provisioned with a single Dynamic IP address. The address will change periodically and without prior notification.
   7. Optimum Online Ultra 50: An enhanced electronic two way online information and communication service of Cablevision (which includes proprietary products of Optimum Online) which is delivered over the cable system via a cable modem to a computer. Optimum Online Ultra 50 offers subscribers additional features that may be provided by authorized third party providers ("Ultra 50 Plus Third-Party Provider (s)").
   8. Optimum Online Ultra 101: An enhanced electronic two way online information and communication service of Cablevision (which includes proprietary products of Optimum Online) which is delivered over the cable system and accessed via a cable modem to a computer. Optimum Online Ultra 101 offers subscribers additional features that may be provided by authorized third party providers ("Ultra 100 Third-Party Provider(s)").
   9. Optimum Online Service(s): Collectively, Optimum Online, Optimum Online Ultra 50 and Optimum Online Ultra 101 and all ancillary features including but not limited to Optimum WiFi, Optimum Online Video Services, Optimum Online Voice, and Optimum IP Trunking, unless otherwise noted. Any third-party providers of co-branded services offered as part of or through the Optimum Online Service shall be referred to, as "Third-Party Provider (s)" and such term shall include all Ultra 50 and Ultra 101 Third-Party Providers. Third-Party Provider shall also include any WiFi Network Partner.
   10. Optimum Online Video Service(s): Optimum Online may offer Subscribers to its Optimum Online Ultra 50 and Optimum Online Ultra 101 service access to Live TV programs.
   11. Optimum Online Voice: Unlimited digital phone service within the United States, Puerto Rico, Canada and the US Virgin Islands with an optional international calling plan for direct-dialed calls made from the Subscriber's authorized service location to locations out of the United States, Puerto Rico, Canada and the US Virgin Islands.
   12. Optimum WiFi: WiFi Internet access is made available to Subscribers of Optimum Online.
   13. Web Hosting: Optimum Online Web Hosting is offered by a "Third Party Provider" and is available to Optimum Online Ultra 50 and Optimum Online Ultra 101 customers. Among others, the service provides web creation tools, server capacity for web page storage, domain name registration, domain based e-mail, Dynamic DNS and Customer Relationship Management tools. Certain services are available to Optimum Online Ultra 50 and Optimum Online Ultra 101 Subscribers at no additional charge. Additional services, charges and payment terms for such services are listed on the Web Hosting Services portal.
   14. Static IP Service: Blocks of one, five, thirteen, or twenty-nine usable static IP addresses are available to Optimum Online Ultra 50 and Optimum Online Ultra 101 subscribers. 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 Cablevision and are non-portable. Cablevision reserves the right to renumber or reassign the Subscriber's static IP address in the event that Cablevision needs to make network changes. Cablevision will give the Subscriber as much advanced notice as possible of the IP address change. If a Subscriber moves and remains an Optimum Online Ultra 50 or Optimum Online Ultra 101 Subscriber 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 Optimum Online Services such as Optimum Online Ultra 101.
   15. WiFi Network Partner: A roaming third party partner who provides access to its WiFi network to Subscribers of Optimum Online for Business.
2. Services Provided:

   The Optimum Online Service provides Internet access, as well as access to certain proprietary products of the Optimum Online Service. Through access to the Internet, you also can subscribe to services such as America Online and CompuServe (together with the Optimum Online Services, the "Services") and transact other forms of electronic commerce. Additionally, Optimum Online Ultra 50 and Optimum Online Ultra 101 may provide advanced features such as web hosting, Dynamic DNS and Static IP as well as the ability to purchase additional services from Third-Party Providers. Subscriber acknowledges that Subscriber may incur charges while using the Services or while engaging in other forms of "e-commerce" (i.e. charges may be incurred as a result of accessing certain information, or purchasing or subscribing to certain offerings via the Optimum Online Service or the Services.) All such charges owed to parties other than Cablevision, including applicable taxes shall be paid by Subscriber to the Services and are not the responsibility of Cablevision.

   Through the Optimum Online for Business Service, Subscriber may be able to access the WiFi networks of Cablevision's WiFi Network Partners. Subscriber agrees that use of such WiFi Network Partners' networks will be subject to the respective WiFi Network Partner's terms and conditions of use (including their acceptable use policy) which are incorporated herein by this references, as well as these terms and conditions.

3. Payment of Charges:
   1. Cablevision Charges. Subscriber will be billed monthly in advance for services to be received, plus pro-rata charges, if any, for periods not previously billed. Subscriber will be billed monthly for other services ordered where charges are based on actual usage or on orders placed during the previous month. Subscriber agrees to pay all undisputed monthly charges and all applicable fees and taxes as itemized on the Cablevision monthly bill and notify Cablevision of disputed items within thirty (30) days of receipt, or longer as provided by applicable law. Failure to pay charges invoiced (including checks returned for insufficient funds) may result in discontinuance of service, the removal of all Equipment and/or the imposition of late payment or service charge. If the Subscriber has more than one account (Business and/or Residential) served by Cablevision, all Cablevision provided Services at all locations may be subject to discontinuance of Service in the event any one account remains unpaid. In the event collection activities are required, an additional collection charge may be imposed. Rates for the Optimum Online Service, Equipment, installation and all related services hereunder are subject to change in accordance with applicable law. Subscribers may incur additional charges for using certain Optimum Online Service features that are not included in the Cablevision monthly subscription fees.
   2. Third-Party Provider Charges. Subscriber authorizes that any charges including, additional fees and taxes, incurred by Subscriber billed directly by a Third-Party Provider may be charged directly to Subscriber's credit card or in the event any Third-Party Provider is unable to charge such amounts to the credit card number Subscriber has provided, Subscriber remains responsible for any such charges and agrees to pay by another means acceptable to the affected Third Party Provider.
4. Computer Equipment: Subscriber acknowledges and agrees that it has the minimum Computer requirements necessary to operate the Optimum Online Service and/or Optimum Online Ultra 50 and Optimum Online Ultra 101 as outlined in the informational literature provided by Cablevision. Click here for a description of minimum system requirements and recommended system configurations/settings.
5. Disruption of Service: In no event shall Cablevision be liable for any failure or interruption of Service, including without limitation those failures and interruptions resulting in part or entirely from circumstances beyond Cablevision's reasonable control. Subject to applicable law, credit with respect to Subscriber's recurring monthly subscription fee shall be given for qualifying outages of the Optimum Online Service. In any event, if there is a known service interruption in excess of twenty-four (24) consecutive hours (or in excess of such lesser time period pursuant to state law), Cablevision, upon prompt notification of such failure or interruption from Subscriber, shall provide Subscriber with a pro-rata credit for charges billed by Cablevision relating to such failure or interruption. Credits or billing adjustments for services billed by a Third-Party Provider shall be subject to the stated billing practices of that Third-Party Provider. In no event shall Cablevision or any Third-Party Provider be liable for any incidental or consequential damages.
6. Repair of Cablevision Equipment:
   1. Cablevision will repair and/or replace defective Equipment in accordance with the applicable pricing schedule, if any, as long as such damage was not caused by misuse or other improper operations or handling by Subscriber. Cablevision shall have the right to presume misuse or other improper operations or handling by Subscriber in the event Subscriber requests repair or replacement more than twice in any twelve(12) month period, or more than three times in any twenty four(24) month period, and shall have no obligation to fulfill any such repair or replacement.
   2. Cablevision is not responsible for the maintenance or repair of Subscriber's Computer, Modem (if Subscriber-owned) or related Subscriber-owned equipment. A service charge may be imposed upon the dispatch of a technician, if there is damage to Cablevision's Equipment due to negligent use or abuse or if no fault is discovered in Cablevision's system or Equipment. Cablevision makes no warranties with respect to the Equipment or Modem's compatibility with Subscriber provided equipment.
7. Relocating Equipment: Cablevision's system is highly sophisticated and sensitive. Any "break" in the integrity of the cable system will subject the system to "ingress" of radio signals, which will disrupt your service and may affect that of others. Cable modems are not "portable" and are not permitted to operate at any location other than the address that appears on the Subscriber's account. Accordingly, Subscriber agrees that Subscriber will not relocate, move or in any way tamper with or relocate the Optimum Online Service. Notwithstanding the foregoing, upon receipt of a request by Subscriber, Cablevision shall relocate the Optimum Online Service for Subscriber within Subscriber's home at a time mutually agreed to by Cablevision and Subscriber. If the Subscriber moves residences outside of Cablevision's service area, Subscriber shall notify Cablevision that this Agreement shall be terminated and the provisions of Section 14 shall apply to such termination. In all cases, Subscriber shall notify Cablevision pursuant to Section 8 below. Subscriber may incur a charge for such relocation and should consult a current Optimum Online schedule of rates and charges prior to requesting such relocation.
8. Contact Address:

   For any inquiries or notices required in connection with this Agreement, Subscriber shall contact Cablevision by writing to:

   Optimum Online
   1111 Stewart Avenue
   Bethpage, New York 11714
   or alternatively by calling Optimum Online at: (866)575-8000
9. Subscriber Property: Cablevision assumes no responsibility and shall have no liability for the condition or repair of any Subscriber provided equipment and/or software. Subscriber is responsible for the repair and maintenance of all such Subscriber provided equipment and software. Cablevision is not responsible or liable for any loss or impairment of Cablevision's Service due in whole or in part to a malfunction, defects or otherwise caused by Subscriber-provided equipment and/or software.
10. Taxes:

    Subscriber agrees to pay any local, state or federal taxes imposed or levied on or with respect to the Optimum Online Service, the Services, the Equipment or installation or service charges incurred with respect to the same.

11. Cablevision's Rights and Network Monitoring:
    1. Cablevision has no obligation to monitor Optimum Online Service content. However, Subscriber acknowledges and agrees that Cablevision 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 Optimum Online Service properly, including, but not limited to, monitoring of a Subscriber's access to certain content provided by Cablevision and/or Third-Party Providers, or to protect itself, its Subscribers, Third-Party Providers or the public. In addition to content, Cablevision automatically measures and monitors the performance of the Optimum Online Services as well as the performance of Subscriber's connection and access to the Optimum Online Services. Subscriber consents to Cablevision's access, collection and maintenance of information about Subscriber's use of the Services, Subscriber's equipment and Cablevision's Equipment and software including but not limited to type, profile and settings. Subscriber further consents to Cablevision's monitoring, adjustment and recording of such information for the purpose of providing the Optimum Online Services.
    2. Third-Party Providers may monitor Subscriber activity. When using Service 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.
12. Access to Subscriber Premises: Subscriber authorizes Cablevision and its employees, agents, contractors and representatives to access and otherwise enter the Subscriber's premises to install, maintain, inspect, and/or repair the Equipment, and upon the termination of the Service, to remove the same from the premises. Cablevision's failure to remove its Equipment shall not be deemed abandonment thereof.
13. Assignment or Transfer: The Agreement and the Equipment supplied by Cablevision are not assignable or otherwise transferable by Subscriber without specific written authorization from Cablevision.
14. Termination and Expiration:
    1. Termination by Subscriber: Unless otherwise terminated, this Agreement shall automatically renew on a month-to-month basis. Subscriber acknowledges that upon such renewal all pricing is subject to change. To terminate any recurring service, Subscribers must call Optimum Online at the number listed in Section 8, above, or provide a hardcopy written notice of termination to Optimum Online delivered to the address listed in Section 8 above. Termination of a service offered for a separate charge billed directly by a Third-Party Provider shall be effected in accordance with the Terms of Service or similar agreement between the Subscriber and the Third-Party Provider.
    2. Termination for Bankruptcy: Cablevision shall have the right to terminate this Agreement immediately in the event that Subscriber makes an assignment for the benefit of creditors, or a voluntary or involuntary petition is filed by or against Subscriber under any law having for its purpose the adjudication of Subscriber as a bankrupt or the reorganization of Subscriber. Subscriber further agrees that in the event of termination pursuant to Section 14(B), Cablevision and all Third Party Providers shall have no liability to Subscriber.
    3. Termination by Cablevision: Cablevision may, at its option, terminate this Agreement and remove Equipment for any reason whatsoever, including, but not limited to, if Subscriber or any user of Subscriber's account or services violates or breaches this Agreement and/or any Cablevision or Third-Party Provider terms of service and agreements incorporated herein by reference, in all cases as determined in Cablevision's sole good faith discretion. Additional grounds for termination include, for example, when a Subscriber's credit card issuer refuses a charge or any other payment method fails.
    4. Violations of this Agreement: It shall be a violation of this Agreement for Subscriber or any user of Subscriber's account or services (1) to engage in any conduct prohibited by this Agreement (or by any terms and conditions incorporated herein by reference); or (2) not to engage in conduct required by this Agreement, each case determined in Cablevision's sole good faith discretion. In addition, whether or not the conduct set forth below is elsewhere prohibited by this Agreement, it shall be a violation of this Agreement if:
       1. Subscriber or any user of Subscriber's account or services fails to abide by Cablevision's rules and regulations or to pay the charges billed;
       2. Subscriber or any user of Subscriber's account or services fails to provide and maintain accurate registration information or the information required in the registration process is or becomes incorrect, absent or incomplete;
       3. Subscriber or any user of Subscriber's account or services engages in any illegal or prohibited activity in connection with their use of any Optimum Service;
       4. Subscriber or any user of Subscriber's account or services harasses, threatens or otherwise abuses any Cablevision employee or agent;
       5. Subscriber or any user of Subscriber's account or services refuses to provide Cablevision with reasonable access to the service location or refuses to allow Cablevision to diagnose and/or troubleshoot a service issue when such access or customer interaction is necessary in order to provide the appropriate customer support; or
       6. The amount of customer and/or technical support required to be provided to Subscriber or any user of Subscriber's account or services is excessive in the sole good faith discretion of Cablevision.
    5. Obligations Upon Termination: The Subscriber agrees that upon termination of this Agreement:
       1. Subject to 14(A), Subscriber will pay Cablevision in full for Subscriber's use of the Equipment and Services up to the later of the effective date of termination of this Agreement and the date on which the Optimum Online Service has been disconnected. The Subscriber agrees to pay Cablevision on a pro-rated basis for any use by the Subscriber of the Optimum Online Service for a part of a month;
       2. Subscriber will promptly return all Equipment to Cablevision. In the event that Subscriber fails to return any Equipment within ten (10) days of the termination of this Agreement, Subscriber shall be liable to Cablevision in accordance with Cablevision's then current schedule of charges for non-returned Equipment.
    6. Effects of Termination:
       1. The termination of this Agreement for reasons other than Subscriber's bankruptcy shall not affect Subscriber's Cablevision television service.
       2. Should there be a termination or downgrade of Optimum Online Ultra 50 or Optimum Online Ultra 101, Subscribers will be provided with instructions pertaining to the transition from Optimum Online Ultra 50 or Optimum Online Ultra 101, respectively.
       3. Subscriber agrees that in the event of termination by Cablevision pursuant to Section 14(C), Cablevision and all Third-Party Providers shall have no liability to Subscriber or any user of Subscriber's account or services. Failure of Cablevision to remove Equipment shall not be deemed an abandonment thereof. Subscriber shall pay reasonable collection and/or attorney's fees to Cablevision in the event that Cablevision shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement.
       4. Unless expressly prohibited by law, Subscriber also understands and agrees that in the event of termination by Cablevision pursuant to Section 14(C), Cablevision, in its sole good faith discretion, may decline or reject a new application for service or block access to or use of any component of the Optimum Services by Subscriber or any former user of Subscriber's account or services.
15. Renewal after Cancellation or Termination:

    Subscriber acknowledges and agrees that in the event of renewal after cancellation or termination of Optimum Online Service, Subscriber shall be subject to the pricing, warranties, and terms of Optimum Online Service as are effective at the time of such renewal.

16. Change In Optimum Online Service:

    The Optimum Online Service provided hereunder is subject to change in accordance with applicable law.

17. Disclaimer:

    Cablevision assumes no liability for and exercises no control over the content contained in the Internet, the Services or the content of the Optimum Online Service to the extent such content is provided by any Third-Party Provider, including content that is pornographic, obscene, defamatory or otherwise inappropriate or offensive. Further, Cablevision shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the Optimum Online Service, or the Services unless such products, merchandise or prizes are provided directly by Cablevision. Subscriber agrees that Cablevision is not liable for any action or inaction with respect to any such content accessible through the Internet, the Services or the content provided by any Third-Party Provider.

18. Optimum Online Network:

    The Optimum Online 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 Optimum Online Service network. The Network is not intended to protect Subscribers from hackers, computer viruses or malicious codes gaining access to their Computer and as such, Subscribers should not rely on it to provide such functions. Cablevision and Third-Party Providers shall have no liability whatsoever 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 e-mail, instant messenger, chat, newsgroups, disc, CD, or DVD.

19. Limitation of Liability:
    1. Subscriber expressly agrees that the use of Optimum Online Services, software and Equipment, including that provided by Third-Party Providers, as well as the purchase, download, or use of any third-party service or product provided by or accessed through Optimum Online Service, is at Subscriber's sole risk and Subscriber acknowledges that this service and these materials are provided "as is" and "as available" for Subscriber's use, without warranties of any kind, whether express or implied. Neither Cablevision nor any third-party provider of services or products, including but not limited to any Third-Party Provider, makes any representations or warranties with respect to any product or service offered through the Optimum Online Service or the Services, and Cablevision shall not be party to nor responsible for monitoring any transaction between Subscriber and third-party providers of products or services.
    2. Unless otherwise specifically provided in this Agreement, Cablevision and any Third-Party Provider will not be liable to the Subscriber or to any third party for:
       1. any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly out of, or otherwise arising in connection with the use of Optimum Online Service or provided third party services by the Subscriber or any other use of the Services including without limitation, any damage resulting from or arising out of the Subscriber's reliance on or use of the Optimum Online Service or the Services, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission, or any failure of performance of the Optimum Online Service or the Services; and
       2. any losses, claims, damages, expenses, liabilities or costs (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, suit or other proceeding based upon a contention that the use of the Optimum Online Service or the Services by the Subscriber or a third party infringes the copyright, patent, trade-mark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights or contractual rights of any third party. This limitation applies to the acts, omissions, negligence and gross negligence of Cablevision, its officers, employees, agents, contractors or representatives which, but for this provision, would give rise to a cause of action against Cablevision in contract, tort or any other legal doctrine.
    3. Cablevision also does not guarantee continuous, uninterrupted or secure access to the Internet. Cablevision 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, Cablevision does not guarantee or warrant any particular speed of connection. In addition, Cablevision 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 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. In no event shall Cablevision 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.
    4. 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 29 of these terms.
20. Multiple Users:

    Subscriber acknowledges that by "clicking" the Acceptance icon below and/or by using the Optimum Online Service, Subscriber is agreeing to the terms and conditions of this Agreement on behalf of all persons who use the Optimum Online Service or the Services through Subscriber's Computer or other devices. Subscriber shall be responsible for ensuring that all Subscribers 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 is the result of use of the Optimum Online Service or Services.

21. Acceptable Use Policy:

    Subscriber shall comply with all of Cablevision's standards for acceptable use with respect to the Optimum Online Service and the Services and shall refrain from any and all illegal and/or inappropriate activities, including without limitation as outlined in the Acceptable Use Policy. The Cablevision Internet Product 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.

22. HIPAA
    1. Subscriber acknowledges that the Optimum Online 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").
    2. 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 Optimum Online Service or otherwise use the Optimum Online Service in a manner that would cause Cablevision to qualify as a business associate under HIPAA.
    3. Subscriber shall fully indemnify and hold harmless Cablevision 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 Optimum Online Service in a manner that would cause Cablevision to qualify as a business associate under HIPAA.
23. Additional Restrictions:

    In addition to the prohibitions outlined in the Acceptable Use Policy, the following restrictions apply:

    1. Optimum Online:
       1. 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;
       2. Users may not register or point a domain, sub-domain, or hostname to any Optimum Online IP address. Moreover, Users may not have traffic redirected to the Optimum Online Service;
       3. Users may not resell, share, or otherwise distribute the Service or any portion thereof to any third party without the written consent of Cablevision. 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 e-mail or news service, or send a news feed; and
       4. Users may not make the Service available outside of its service location; and
       5. Users may not copy, distribute or sublicense any software provided by Cablevision, except that Subscriber may make one copy of each software program for back up or archival purposes only.
    2. Optimum Online Ultra 50 and Optimum Online Ultra 101:
       1. 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.
       2. 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.
       3. 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.
       4. Users may not resell, share, or otherwise distribute the Service or any portion thereof to any third party without the written consent of Cablevision. 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 e-mail or news service, or send a news feed; and
       5. Users may not make the Service available outside of its service location; and
       6. Users may not copy, distribute or sublicense any software provided by Cablevision, except that Subscriber may make one copy of each software program for back up or archival purposes only.
    3. Optimum Online Static IP Service:
       1. 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. Optimum Online is not responsible for providing assistance in the configuration of a local area network with your Optimum Online Static IP Service.
       2. 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.
       3. 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.
       4. Users may not resell, share, or otherwise distribute the Service or any portion thereof to any third party without the written consent of Cablevision. 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 e-mail or news service, or send a news feed; and
       5. Users may not copy, distribute or sublicense any software provided by Cablevision, except that Subscriber may make one copy of each software program for back up or archival purposes only.
24. End User Licenses:

    Subscriber agrees to comply with the terms and conditions of all end user license agreements relative the Optimum Online Services, the Services and any service provided by a Third-Party Provider which Subscriber accesses pursuant to the terms of this Agreement. All such agreements are incorporated in this Agreement by reference. Title and intellectual property rights to the services are owned by Cablevision 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 Optimum Online Service, the Services or any service provide by a Third-Party Provider without the written consent of Cablevision, an applicable third-party provider of service or products, and/or other owner of such material is prohibited.

25. Backup Requirements:

    The Subscriber agrees to back up all existing computer files by compiling them to another storage medium prior to installation of the Equipment. Cablevision shall have no liability whatsoever for any damage to or loss or destruction of any of Subscriber's software, files, data, or peripherals.

26. Viruses:

    Cablevision reserves the right to run virus checks or provide Subscribers with access to virus check software. Subscriber agrees that Cablevision provides such technology "as is" or "as available" and acknowledges and agrees that Cablevision does not represent, warrant or covenant that the virus check software will detect or correct any or all viruses.

27. Limitations on Cablevision's Liability. Cablevision shall not be liable for:
    1. Eavesdropping: Any information sent by the Subscriber over the Optimum Online Service is sent at the Subscriber's sole risk, and Cablevision shall have no liability whatsoever 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.
    2. 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)i above.
    3. 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 Optimum Online 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 Optimum Online 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 Optimum Online 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, hereby acknowledges and agrees that the Subscriber does so at the Subscriber's own risk.

28. Security:

    See Acceptable Use Policy.

    1. Cablevision 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: port blocking, e-mail virus scanning, denying e-mail from certain domains, and putting limits on bandwidth and e-mail.
    2. Subscriber is solely responsible for any misuse of the Optimum Online Service or the Services, as well as for the security of any device you choose to connect to the Optimum Online Service, including any data stored on that device, all as detailed more fully in the Acceptable Use Policy.
    3. Subscriber is solely responsible 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 _abuse@cv.net.

29. 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 THIS ARBITRATION PROVISION, YOU MUST NOTIFY CABLEVISION IN WRITING WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT BY EMAILING US AT NOARBITRATION@CABLEVISION.COM OR BY MAIL TO CABLEVISION RESEARCH & SUPPORT, 200 JERICHO QUADRANGLE, JERICHO, NY 11753 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 THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH CABLEVISION OR THE DELIVERY OF CABLEVISION SERVICES TO YOU. OPTING OUT OF THIS 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.

30. Inappropriate Content:

    There may be content on the Internet or otherwise available through the Optimum Online Service or the Services which may be offensive to some individuals, or which may not be in compliance 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 Cablevision nor any Third-Party Providers can assume any responsibility for the content contained on the Internet or otherwise available through the Services. Subscriber must assume the risk of accessing content through the Service, and neither Cablevision 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 appropriate precautions to prevent minors from receiving inappropriate content. Cablevision 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 Optimum Online Service or the Services to publish, transmit or distribute content, a Subscriber is warranting that the content complies with this Agreement and authorizes Cablevision 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 Optimum Online Service in any manner that constitutes an infringement of third party intellectual property rights, including but not limited to copyrights. Cablevision 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 Optimum Online Service. Alleged infringements will be handled in accordance with the Cablevision Copyright Infringement Policy.

31. Electronic Mail:

    Users must adhere to the Optimum Online e-mail policies set forth in to the Acceptable Use Policy. The following additional restrictions apply to Optimum Online Ultra 50 and Optimum Online Ultra 101 Subscribers:

    1. Users are not permitted to send bulk marketing e-mails, advertisement, or similar commercial e-mail through the Optimum Online mail system. Subscribers are required to send e-mail of that nature through a mail server on their local system or through a third party service. Subscribers are required to 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 Cablevision'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 that are consistent with CAN-SPAM may still violate this policy if they consume excessive bandwidth or mail server resources. Any violation of this policy can result in termination of the Subscriber's account.
       1. Users should be aware that some networks refuse to accept mail from dynamically assigned IP address blocks. Cablevision makes no warranty or guarantee that third party networks will accept the User's mail nor is Cablevision responsible for ensuring continued acceptance of e-mail by third party networks.
    2. Cablevision may, at its discretion, provide, offer for sale or subscription, or otherwise make available to Subscribers software or services for e-mail filtering, anti-virus scanning, and other e-mail security solutions for the convenience of Subscribers. Cablevision shall not be responsible for nor have any liability with regard to the e-mail that Users receive, nor for any lost or filtered e-mail, nor for any failure to prevent virus delivery or infection.
    3. Subscriber agrees that Subscriber has been informed that Optimum Online service includes a filter that blocks, removes or otherwise diverts commercial mass mailings or other unsolicited bulk e-mail ("spam") from User's inbox. In connection with such filtering, Cablevision may utilize reputation services consistent with industry practices in order to identify and filter spam. Subscriber may opt out of certain aspects of this filtering service at any time. Subscriber agrees that Cablevision shall have not liability for any such filtering activity.
    4. Cablevision is not responsible for the forwarding of e-mail sent to any account that has been suspended or terminated. Such e-mail will be returned to sender, ignored, deleted, or stored temporarily at Cablevision's sole discretion. Cablevision reserves the right to reclaim any and all e-mail addresses from Subscribers whose service has been cancelled or terminated, regardless of the reason for such cancellation or termination.
32. Newsgroups:

    See Acceptable Use Policy

33. Internet Relay Chat:

    See Acceptable Use Policy.

34. Violation of Acceptable Use Policy/Terms of Service:

    Cablevision does not routinely monitor the activity of accounts for violation of these Terms of Service or the Acceptable Use Policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Optimum Online Service.

    Neither Cablevision nor any of its distribution affiliates has any obligation to monitor transmissions made on the Optimum Online Service or the Services. However, Cablevision and its distribution affiliates have the right to monitor such transmissions from time to time and to disclose the same in accordance with these terms and conditions.

    You hereby authorize Cablevision and its distribution affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Agreement. Such cooperation may include Cablevision providing the username, IP address, or other identifying information about a subscriber.

    Upon termination of an account, Cablevision is authorized to delete any files, programs, data, and e-mail messages associated with such account.

    The failure of Cablevision or its distribution affiliates to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

    You agree that, if any portion of this Agreement is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. The terms of this Agreement and any action for its enforcement shall be exclusively governed by, and construed in accordance with, the laws of the State of New York.

35. Bandwidth, Data Storage and Other Limitations:

    Subscriber agrees to comply with Cablevision's bandwidth, data storage and other limitations of the Optimum Online Service as established and modified by Cablevision from time to time. Subscriber agrees that its activity will not improperly restrict, inhibit or degrade any other Subscriber's use of Optimum Online Service, nor represent (in the sole judgment of Cablevision) an unusually large burden on the network itself. In addition, Subscriber agrees that its activity will not improperly restrict, inhibit, disrupt, degrade or impede Cablevision's ability to deliver and monitor Optimum Online Service, backbone, network nodes, and/or other network services. At all times, Cablevision 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 Cablevision's Acceptable Use Policy, including but not limited to limiting the aggregate bandwidth available for certain usage protocols such as peer-to-peer during peak periods; detecting and rejecting spam, viruses or other malicious code; limiting the amount of bandwidth available to high bandwidth consumption users in each service tier during times of near congestion and only for limited time periods; using industry-standard technology to temporarily manage upstream and downstream traffic during times of peak congestion; and any other network management technique(s) that Cablevision deems appropriate. Additional information regarding Cablevision's network management practices may be found in Cablevision's Open Internet Disclosure Statement.

    Optimum Online provides up to 5 e-mail accounts that are limited to 2 gigabytes of storage space each and between 1 and 90 days of retention based on message folder. Optimum Online 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.

    Optimum Online Ultra 50 and Optimum Online Ultra 101 provide up to 15 e-mail accounts that are limited to 5 gigabytes of storage space each and indefinite message retention. Optimum Online reserves the right to modify, delete, or otherwise correct any accounts that exceed limitations as well as the right to modify any related retention periods.

    To preserve e-mail you do not want deleted, you can set your e-mail account to ensure that your e-mail is automatically stored on your computer's hard drive when you open it. Please check the Help section or the FAQ on your e-mail client (e.g.., Outlook Express, Eudora) to find out how this can be done. Cablevision shall not have any liability for erroneously deleted messages.

36. Third-Party Premium Services:

    Optimum Online Service may offer additional third-party services to subscribers at no extra cost or for an additional fee. Subscribers agree to the following restrictions pertaining to third party services:

    1. In addition to the Service 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 the provisions of this Agreement or Cablevision's Acceptable Use Policy.
    2. See section 19 for the statement of Cablevision's and certain third-parties' liability.
    3. Use of included third party services is limited to Subscribers in good standing. Accounts that are not in good standing are subject to restricted or suspended access to these third party services.
    4. Abusive use, in Cablevision's sole opinion of third party services may result in corrective action as outlined in the Acceptable Use Policy.
37. Installation:
    1. Cablevision 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. Cablevision shall have no liability whatsoever for any damage resulting from the above or other file modifications.
    2. Upon Subscriber's request, Cablevision or its agents will install certain software, an extra cable outlet (if necessary), a cable Modem and associated equipment. Cablevision will also provide a user's manual and instructions on how to use Optimum Online Service. If installed by Cablevision, Cablevision shall use reasonable efforts to install the Optimum Online Service to a fully operational status.
    3. All installation services performed by Cablevision shall be subject to Cablevision's applicable service charges, if any.
38. Amendment:

    Cablevision may, in its sole discretion, change, modify, add or remove portions of this Agreement at any time. Cablevision may notify Subscriber of any such changes to this agreement by posting notice of such changes on the Optimum Online website, or sending notice via e-mail or postal mail. The Subscriber's continued use of the Optimum Online Service following notice of such change, modification or amendment shall be deemed to be the Subscriber's acceptance of any such modification. If Subscriber does not agree to any modification of this Agreement, Subscriber must immediately cease using the Optimum Online Service and notify Cablevision that Subscriber is terminating this Agreement in accordance with Section 14 of this Agreement. Additionally, this Agreement may be superseded by an Optimum Online user subscription agreement subject to your approval, which shall be indicated by your use of the Optimum Online service described herein.

39. Additional Terms for Other Optimum Online Features, Functionality, or Tools:

    Cablevision 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 Cablevision.

40. 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.

41. Additional Terms of Service for Optimum Online Web Hosting:

    Subscriber agrees that in the event of termination for any reason, neither Cablevision nor the applicable Boost, Boost Plust or Ultra Third-Party Provider shall have any liability to Subscriber.

    1. Services Provided: Cablevision's Optimum Online Web Hosting Service provides web creation tools, server capacity for web page storage, domain name registration, domain based e-mail, Dynamic DNS and Customer Relationship Management tools.

    2. Web Hosting Features: The following features may include:

       1. Disk space for storing files used to create a Web site.
       2. Domain name registration includes domain name forwarding, a secure Web-based control panel, name server management, renewal protection service and etc.
       3. Website building tools.
       4. Shopping cart functions.
       5. Search engine submission and optimization.
    3. Term:

       Optimum Online Web Hosting service shall continue until such time as it is no longer offered by Cablevision as part of Optimum Online Ultra 50 and Optimum Online Ultra 101, or terminated:

       1. by Cablevision for breach or violation of this Agreement or Cablevision's Acceptable Use Policy; or
       2. by Cablevision or the applicable Ultra 50 or Ultra 101 Third-Party Provider for providing inaccurate information to register or reserve Subscriber's domain name or register for other services of the same Ultra 50 or Ultra 101 Third-Party Provider or providing false or misleading information, or concealing or omitting any information deemed material to register or reserve Subscriber's domain name.
    4. Subscriber Restrictions: Any Optimum Online Web Hosting activity deemed to be adversely affecting server performance or network integrity, at the sole discretion of Cablevision or the Third-Party Provider may be terminated by Cablevision or the Third-Party Provider without prior notice.
    5. Domain Name Disputes: Subscriber agrees that, if any domain name used by a Subscriber and hosted through the Optimum Online Service is challenged by a third party, Subscriber will resolve such challenges in accordance with the terms of the Uniform Domain Name Dispute Resolution Policy as most recently approved by the Internet Corporation for Assigned Names and Numbers. Subscriber shall fully indemnify and hold harmless Cablevision and the Third-Party Provider from all losses, costs, expenses (including reasonable attorney costs) and fees incurred as a result of Subscriber's use of any domain name.
    6. Right of Refusal: The Third-Party Provider reserves the right to refuse, in its sole discretion, to register or reserve Subscriber's chosen domain name or register Subscriber for other service(s) of the Third-Party Provider, or to delete Subscriber's domain name within thirty (30) calendar days from receipt of such registration. Subscriber agrees that in the event of refusal for any reason, Cablevision and Third-Party Provider shall have no liability to Subscriber.
    7. Amendment: Subscriber acknowledges that if s/he does not agree to any amendments made by Cablevision to this Agreement, Subscriber may request that his/her domain name be deleted from the domain name database.
42. Additional Terms of Service for Optimum-provided Wireless Router and Wireless Access Point:

    The Optimum provided wireless router ("Optimum Router") is a service available to certain Subscribers and provides wireless access to the Optimum Online Service within the Subscriber's service location ("Local Network"). Subscriber has the option of returning the Optimum Router and purchasing and using their own router. The Optimum Router comes 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 although Cablevision recommends maintaining the default configuration and settings. Cablevision does not guarantee the security of the Optimum Router and Subscriber's connection to Optimum Online Services via the Local Network. Subscriber understands and agrees that Subscriber is solely responsible for the security of his/her Local Network. The Optimum Router is preconfigured to distribute a second wireless network (i.e. an Optimum WiFi Hotspot) in addition to the Local Network. This Optimum WiFi Hotspot is separate from the Local Network and is accessible by certain authorized Optimum WiFi users. The Local Network is encrypted and has separate security settings from the Optimum WiFi Hotspot. Subscriber understands that simultaneous connections to both the Local Network and the Optimum WiFi 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, is 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 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 Cablevision to provide Optimum Online Services and support as well as for Cablevision's internal business analytics regarding the use of the Optimum Online Services. Subscriber acknowledges and agrees that Cablevision shall have access to the password associated with the Optimum Router in order to provide support and diagnostic services. Cablevision reserves the right to modify the password for the Optimum Router 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 Optimum Online Services, and protect the network, other users of the Internet, or our Subscribers. Cablevision shall notify Subscriber of any such password modifications. Subscriber acknowledges that the Optimum Router is Cablevision Equipment.

43. Information Regarding Smart Router Range Extender:

    In certain circumstances, determined in Cablevision's sole discretion, a Smart Router Range Extender ("Range Extender") may be required to connect wirelessly to Optimum Online services. In these circumstances, Cablevision will professionally install a wired Range Extender connection directly to the Optimum Smart Router, in an area appropriate for the specific service location as determined in Cablevision's sole discretion. Subscriber agrees to provide Cablevision with access to the service location to perform such installation. A monthly Range Extender equipment fee of $4.95 applies.

    Subscriber understands and agrees that where a Range Extender is required, the Optimum-recommended installation method is through a wired connection directly to the Optimum Smart Router. Subscriber understands and agrees that wireless Range Extender installations are not recommended by Cablevision 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). Cablevision continues to recommend a wired installation to best resolve wireless connectivity issues within your service location.

    NOTE: Only required Range Extender installations are performed and such installations do not incur an additional fee. Range Extender is only available to Optimum Smart Router customers.

Effective January 4, 2016