Notice of Amendment to Revise Arbitration Provision
Please review this Notice carefully.
Cablevision's standard Terms of Service currently include an Arbitration Provision that governs any and all claims and disputes between You and Cablevision, subject only to limited exceptions. Cablevision is hereby amending its Arbitration Provision as set forth below, and the amendment is effective July 11, 2014, subject to Your right to reject the revisions to this Arbitration Provision as described below. This Arbitration Provision will supersede and replace the existing Arbitration Provision and will become part of the Terms governing Your relationship with Cablevision.
You can choose to reject (i.e. "opt out" of) the revisions to this Arbitration Provision by providing Cablevision with written notice in the manner described below within 30 days of the Effective Date of this Notice. If You have not provided Cablevision with written notice of Your election to reject these revisions to the Arbitration Provision set forth below, You will be deemed to have accepted and agreed to the revised Arbitration Provision.
Agreement for Optimum Voice
(Effective July 11, 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 (formerly CSC Holdings, Inc.) 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 Voice Service to you in accordance with these terms and conditions, which terms and conditions incorporate and include the General Terms and Conditions of Service, the Cablevision Subscriber Privacy Notice, and where applicable, the Agreement for Optimum Online, Optimum Online Ultra 50 and Optimum Online Ultra 101 and the Agreement for Optimum TV, as they may be changed from time to time.
Subscriber's use of the Optimum Voice Service 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 Voice Service and notify the Cablevision Subscriber Service Department to terminate the account. This is a legal document.
1. Services Provided: Cablevision's Optimum Voice digital phone service provides unlimited calling within the United States, Puerto Rico, Canada and the US Virgin Islands, and where applicable, in connection with Cablevision's Optimum Online service, in accordance with the following terms and conditions. Optimum Voice also provides international calling at per minute rates ("Optimum Voice International Calling") for direct-dialed calls made from the Subscriber's residence or from any phone via the Optimum Voice International Calling remote access number to destinations outside of the U.S., Puerto Rico, Canada and the US Virgin Islands.
2. Monthly Service Fee: Subscriber agrees to pay the monthly service charge for Optimum Voice service and any per minute charges incurred for international calling. Optimum Voice service is offered only as an additional service of Cablevision's Optimum Online, except in limited areas where the service may be purchased as a stand-alone service. Cablevision reserves the right to increase or decrease the fee for any services offered. Fees for Optimum Voice service shall be posted at the Optimum Voice Web site. Optimum Voice service will be terminated in the event the Subscriber does not pay. The interstate/international allocation of Optimum Voice telephone service is based upon a traffic study that analyzes the intrastate, interstate and international minutes of all customers.
3. Optimum Voice Service Features: Optimum Voice service is offered with the following features:
A. Unlimited local, regional and long distance calling within the United States, Puerto Rico, Canada and the US Virgin Islands.
B. Optimum Voice International Calling for direct-dialed calls made from the Subscriber's residence or from any phone via the Optimum Voice International Calling remote access number to destinations outside of the U.S., Puerto Rico, Canada and the US Virgin Islands at per minute rates. The per minute rates vary by destination and are posted at www.optimum.net/voice. The per minute rates are subject to change at any time and any updates will be effective upon posting at www.optimum.net/voice. Charges for Optimum Voice International Calling at the per minute rates will appear on Subscriber's monthly billing statement for the relevant usage cycle as indicated on the billing statement (the "Usage Cycle"). Optimum Voice International Calling will be billed in thirty second increments and rounded up to the nearest thirty second increment.
Cablevision reserves the right to impose limits on the unpaid balance for Optimum Voice International Calling charges incurred by Subscriber during a Usage Cycle (the "Calling Limit"). Cablevision shall have the right to modify Calling Limits, either on an individual Subscriber basis or as applied to all Subscribers, in its sole discretion and impose varying Calling Limits depending on Subscriber's account status. Current Calling Limits are as follows: (i) Subscribers in good standing with Optimum Voice service for less than 90 consecutive days have a Calling Limit of Fifty Dollars ($50) per Usage Cycle and (ii) Subscribers in good standing with Optimum Voice service for 90 or more consecutive days have a Calling Limit of One Hundred Fifty Dollars ($150) per Usage Cycle. Subscriber may create "Personal Calling Limits" whereby they set a maximum aggregate amount of fees for Optimum Voice International Calling that can be accrued during a Usage Cycle which amount is lower than the Calling Limit imposed by Cablevision. Except as described below, Subscribers will not be able to complete Optimum Voice International Calling calls in the event they have reached the Calling Limit or Personal Calling Limit. If a Subscriber is within $10 of their relevant Calling Limit, they have the ability to make additional Optimum Voice International Calling (the amount of such limits subject to the discretion of Cablevision) during the current Usage Cycle by making a payment in the amount of their current Calling Limit plus any outstanding account balances.
Subscribers can use the remote access feature with Optimum Voice International Calling at per minute rates while away from Subscriber's residence. Subscriber understands that when using the remote access feature to make Optimum Voice International Calling at per minute rates, additional third party charges may also apply (i.e. pay phones charges, cellular charges or hotel phone system charges).
Starting August 29, 2013, Subscribers will automatically be enabled to complete international calls via Optimum Voice International Calling at the per minute rates, subject to certain exceptions for those Subscribers enrolled in the Optimum Voice Optional International Per Minute Calling Plan (as described in Section 3.H below). Once a Subscriber is no longer enrolled in an Optimum Voice Optional International Calling Plan, international calls will automatically be placed as an Optimum Voice International Calling at the per minute rates and charges will be added to Subscriber's monthly billing statement. In addition, for those Subscribers enrolled in an Optimum Voice Optional International Calling Plan, any international calls exceeding the international calling minutes allotted by the Optimum Voice Optional International Calling Plan or international calls made to destinations not included in the Optimum Voice Optional International Calling Plans, will be charged at the Optimum Voice International Calling per minute rates and charges will be added to Subscriber's monthly billing statement. Destinations excluded from Optimum Voice International Calling include Satellite phones, Global Network Numbers and Audio-text lines/destinations.
C. Call waiting, caller ID with name, call waiting with caller ID, anonymous call blocker, private outbound calling, find me, VIP ringing, busy redial, caller ID blocking (*67), call return (*69), three-way calling, call forwarding, call forwarding on busy/no answer, call forward time of day, do not disturb, back up phone, block unwanted callers, enhanced voicemail, and unlimited inbound calling.. Optimum Voice does not support busy line verification, busy line interruption, and operator assisted calling (including person to person and station to station calling), pay services or third-party billing. Call forwarding and Find Me are not available outside the continental U.S, Canada, Puerto Rico and the U.S. Virgin Islands.
D. Enhanced 911 (E-911) is a feature of the Optimum Voice service that allows emergency operators to automatically know the telephone number and address of the dialing party.
This E-911 feature has certain requirements in order to operate, as well as certain limitations:
i. The emergency service provider handling the E-911 call, and the address the emergency service provider will see, are linked to the service address Cablevision has on file when the Subscriber originally signed up for service. If the Subscriber does not correctly identify where the Subscriber's voice-enabled cable modem is actually located, or if the voice-enabled cable modem is moved away from the original service address, the Subscriber's 911 calls may be misdirected to the wrong home or to the wrong emergency service provider.
Therefore, in order to have 911 calls routed correctly, the Subscriber acknowledges responsibility to promptly notify Cablevision of any change in service address.
ii. IMPORTANT INFORMATION: Regarding Keeping Your Optimum Voice Phone Number When you Move: Please be aware that during the first 72 hours of arriving at Subscriber's new service address, if Subscriber dials 911 from their Optimum Voice phone, Subscriber must relay to the emergency service operator the new (current) service address. This is necessary to ensure emergency services are dispatched to Subscriber's new service address and not the old service address in the event the emergency services operator may not have the new Registered Location in their records.
iii. Optimum Voice Service does not have its own power supply. If there is a power outage, or if there is a disruption to the cable network or facilities, the Service will not work. Subscriber expressly acknowledges that in such cases it will not be possible to place or receive calls including calls to access emergency 911 services.
iv. If the Subscriber so chooses, Subscriber may separately purchase a battery backup for use with their voice-enabled cable modem in the instance of a non-network related outage at www.optimum.com.
E. Optimum Voice subscribers can purchase up to four (4) lines at their service address.
F. Optimum Voice offers both professional and self-installation.
There are two options for professional installation of the service:
Basic installation: Cablevision will connect one (1) telephone to an available phone port activated on the applicable Optimum Voice cable modem. Cablevision is not responsible for connecting other phones in the home to the Optimum voice cable modem.
Home wiring solution: Optimum Voice provides a home wiring solution that enables Subscribers to use Optimum Voice on existing home phone jacks. Cablevision reserves the right to determine the manner in which the home wiring solution is executed in the Subscriber's home. In certain cases, Cablevision may be required to alter or adapt the Subscriber's inside wiring so that Optimum Voice is available on the existing phones. Subscriber's that wish use Optimum Voice as the connection between their home security system and central station monitoring, must request the Enhanced Wiring solution:
i. Optimum Voice does not offer a wire maintenance plan. The Subscriber is solely responsible for maintaining all inside wire and phones within the home. Optimum Voice will troubleshoot and fix reported problems for a specified service charge. The service charge is based on the then current rate in effect.
ii. In certain buildings such as multiple dwelling units, Optimum Voice may not have access to the Subscriber's inside wiring located within the apartment unit. In these instances, Cablevision has the right to determine how best to wire the Subscriber's home, either by installing a predetermined number of new jacks in the Subscriber's home or by performing a Basic Optimum Voice installation described above.
With self-installation, a self-install kit is shipped directly to a Subscriber's home or can be picked up at a CVC Optimum Store. With this kit, the Subscriber will be able to connect one (1) telephone to the Optimum Voice cable modem.
G. Optimum Voice Optional International Calling Plans. Optimum Voice offers the following optional international calling plans for direct-dialed calls made from the Subscriber's home to locations outside of the U.S., Puerto Rico, Canada and the US Virgin Islands.
i. Optimum Voice International Per Minute Calling Plan A Subscriber who chooses to participate in the Optimum Voice International Per Minute Calling Plan will be charged for direct-dial international calls and remote calls at the current per minute rates available at www.optimum.net/internationalrates in addition to the flat monthly recurring rate that the Subscriber pays for the Optimum Voice service. Subscribers can use the remote access feature to make international calls at the Optimum Voice International Per Minute Calling Plan rates while away from Subscriber's residence, if traveling within the fifty United States, Puerto Rico, Canada or the US Virgin Islands. Subscriber understands that when using the remote access feature to make international calls, additional third party charges may also apply (i.e. pay phones charges, cellular charges or hotel phone system charges). The Optimum Voice International Per Minute Calling Plan is further subject to the specific terms and conditions governing Subscriber's enrollment in this optional calling plan. You may access the specific terms and conditions applicable to the Optimum Voice International Per Minute Calling Plan. Cablevision reserves the right to modify service features at any time. Effective August 29, 2013, the Optimum Voice International Per Minute Calling Plan will only be available to those Subscribers enrolled in the such plan as of such date. Upon Subscriber's termination of enrollment in the Optimum Voice International Pre-Paid Per Minute Calling Plan, any subsequent international calls will be charged at the Optimum Voice International Calling Plan per minute rates (described in Section 3.b. above) and charges will be added to Subscriber's monthly billing statement. The Optimum Voice International Calling Plan per minute rates (described in Section 3.b) are not available to those Subscribers enrolled in the Optimum Voice International Per Minute Calling Plan.
ii. Optimum Voice World Call Calling Plan. Optimum Voice also offers an optional flat rate international calling plan, branded as Optimum Voice® World Call, for direct-dial calls made from your home to locations outside of the U.S., Puerto Rico, Canada and the US Virgin Islands. If you choose this plan, you will be charged a flat monthly fee for direct-dial international calls in addition to the flat monthly recurring rate that you pay for Optimum Voice service. The Optimum Voice World Call plan is further subject to the specific terms and conditions governing Subscriber's enrollment in this optional calling plan. You may access the specific terms and conditions applicable to Optimum Voice World Call. Cablevision reserves the right to modify service features at any time. In the event Subscriber's enrolled in the Optimum Voice World Call Calling Plan exceed the international calling minutes allotted by the Optimum Voice World Call Calling Plan or call destinations not included the Optimum Voice World Call Calling Plan, these international calls will be charged at the Optimum Voice International Calling Plan per minute rates (described in Section 3.b. above) and charges will be added to Subscriber's monthly billing statement. The Optimum Voice World Call Calling Plan does not include a remote access dialing feature. If Subscribers enrolled in the World Call Calling Plan use the remote access feature available with Optimum Voice International Calling to make international calls while away from Subscriber's residence, Subscriber will be charged the Optimum Voice International Calling Plan per minute rates (described in Section 3.b. above) and the charges will be added to Subscriber's monthly billing statement.
iii. Other Optimum Voice Optional International Calling Plans. Cablevision may from time to time offer other optional international calling plans. These plans may be further subject to specific terms and conditions and subject to change at any time by Cablevision. Specific terms and conditions are applicable to these international calling plans.
H. Optimum Voice may from time to time, offer additional service features or functionality. Information about these features or functions will be available through the Optimum Voice homepage. These features or functions may be further subject to specific terms and conditions and subject to change at any time by Cablevision.
I. Optimum Voice will associate the Subscriber's name on the Cablevision account to the Optimum Voice telephone number to be displayed in association with Caller Name (CNAM) lookup services provided by Optimum Voice and other telecommunications service providers for all calls made from any of the Optimum Voice telephone numbers on the account. In the event that Subscriber wishes to modify the Caller Name, Subscriber agrees to the following: Caller Name submissions(s) shall not mislead or impersonate any person or company; Caller Name submission(s) shall not contain false information and shall accurately represent the name of the person that subscribes to the service and is included in directory listings; Caller Name submission(s) shall not contain abusive, defamatory, vulgar, obscene, racist or any other language objectionable to any person or entity as determined by Cablevision or the publisher in its sole discretion; and Caller Name submission(s) shall comply with all relevant laws, rules and regulations
4. Optimum Voice Service Limitations:
A. Service outages: The Optimum Voice modem is electrically powered and will not work in a power outage or if broadband connection is disrupted or not operating. In the event of power outages, the modem, including all phones and services connected to or powered by it, will not work. Power outages will disrupt Enhanced 911 service, and the use of Optimum Voice as the connection between a home security system and central monitoring services. Subscriber may choose to purchase a battery backup for use in the event of a non-network related outage at www.optimum.com.
B. Home security systems: If Subscriber has a centrally monitored home security system, and selects our Enhanced Wiring option, Optimum Voice will be wired so that it may be available for use with such system. Although Optimum Voice will supply a connection that will allow the operation of Subscriber's existing home security system, Optimum Voice does not guarantee that any such system will be in complete operational order following the installation of Optimum Voice. As such, it is Subscriber's obligation to contact their home security system provider to inform them of Optimum Voice installation and any change in phone number and to request a complete operational test of such system immediately following installation of Optimum Voice service. In addition, it is Subscriber's responsibility to test their system on a regular basis. In the event of power outage or network outage (whether unplanned or maintenance related), your Optimum Voice service, including any home security system, which uses Optimum Voice to connect to central station monitoring, will not function. As set forth in Section 3(B) above, if Subscriber so chooses, Subscriber may separately purchase a battery backup for use with their voice-enabled cable modem in the instance of a non-network related outage at www.optimum.com.
Like any other communications service provider, we do not represent that our service is fail-safe. In addition, Cablevision prohibits the use of Optimum Voice as the connection between medical alert systems and central station monitoring, and will neither connect to such services nor provide technical support for the connection.
C. Limitations on operator assisted calls: Currently, certain operator assisted services such as busy line verification, busy line interruption and operator assisted calling (including person-to-person and station-to-station calling), dial around services (10-10-XXX), pay services (900 and 976 services), collect calling and third-party billing are not offered with the Optimum Voice service.
5. Equipment required: Optimum Voice service requires a voice-enabled cable modem. Cablevision will supply a voice-enabled modem without charge for so long as Subscriber remains an Optimum Voice Subscriber or until Cablevision changes this service offering. Upon termination of either Optimum Voice or Optimum Online Service for any reason, Subscriber may be asked to return the Cablevision supplied (excluding purchased modems) voice-enabled cable modem within thirty (30) days or Subscriber will be charged an equipment fee equal to the fee charged by Cablevision at the time the voice-enabled modem was supplied by Cablevision
6. Term: Optimum Voice Service shall continue until such time as terminated by Subscriber, which shall be effective upon notice, or terminated by Cablevision for breach (including nonpayment) of this Agreement for Optimum Voice or, where applicable, the Agreement For Optimum Online, Optimum Online Ultra 50 and Optimum Online Ultra 101, or otherwise terminated by Cablevision in accordance with its General Terms and Conditions of Service.
7. Directory Listing: Optimum Voice offers a directory listing capability. Details are available by going to voice.optimum.net/Features/DirectoryListing.
8. Incorporation of Cablevision's Agreement for Optimum Online Service or Optimum TV: Where applicable, Optimum Voice services are offered as an additional service of Cablevision's Optimum Online and/or Optimum TV service offerings. Subscriber agrees that, as applicable, the Agreement for Optimum Online, Optimum Online Ultra 50 and Optimum Online Ultra 101 or the Agreement for Optimum TV are incorporated into this Agreement for Optimum Voice and shall apply to Optimum Voice services. The Agreement for Optimum Voice shall control in the event of any conflict with the terms and conditions of the Agreement for Optimum Online, Optimum Online Ultra 50 and Optimum Online Ultra 101 or the Agreement for Optimum TV. Read Agreement for Optimum Online, Optimum Online Ultra 50 and Optimum Online Ultra 101 or the Agreement for Optimum TV.
9. 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, 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 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.
10. Limitation of Liability: Optimum Voice service is provided "AS IS." The liability of Cablevision for damages arising out of the furnishing of services hereunder, including but not limited to mistakes, omissions, interruptions, delays or errors or other defaults, representations or use of these services or arising out of the failure to furnish the Optimum Voice Service, whether caused by acts of commission or omission shall be limited to a allowance for the time period of any Optimum Voice Service interruption. Cablevision shall not be liable for any direct, indirect, special, consequential, exemplary or punitive losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries that a Subscriber may suffer. Finally, Cablevision shall not be liable for any loss or interruptions in service or for any damages or losses due to the fault or negligence of the Subscriber, or any Authorized User, or any other party or person(s), or due to the failure or malfunction of Subscriber-provided or Authorized User-provided equipment or facilities due to the failure of the Subscriber to fulfill any obligation under this Agreement.
11. Force Majeure: Cablevision shall not be liable for any failure of performance or equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, or other catastrophes; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over Cablevision, or of any department agency, commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or of any civil or military authority; national emergencies; insurrection; riots, wars; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties.
12. Installation: Charges for installation services and equipment will be charged at the then current rate in effect.
13. Taxes: Applicable fees and surcharges, if any, will be added to your monthly bill.
14. Prohibited Uses: Optimum Voice service may be used as a residential voice service only and may not be used for commercial purposes, including, but not limited to, telemarketing, call center services, medical transcription or facsimile broadcasting. In addition, Optimum Voice is not permitted to use for/by resale of service, business use, telemarketing use, wholesale use, re-dialers, auto-dialers, predictive dialers, or callback applications. Optimum Voice is intended to be used consistent with its intended normal residential use. For instance, unlimited voice plans are intended to be used for continuous live dialog between the subscriber and a third party. Certain other activity such as excessive consistent usage, unusual call patterns, utilizing call forwarding or any other calling feature to achieve outbound calling, and lack of continuous dialog activity may be presumed indicative of use that is inconsistent with normal use of the service in violation of these terms of service.
15. Amendment: Cablevision may, in its sole discretion, change, modify, add or remove portions of this Agreement for Optimum Voice at any time. Cablevision may notify Subscriber of any such changes by posting notice of such changes on the Optimum Web site, or sending notice via e-mail or postal mail. The Subscriber's continued use of the Optimum Voice 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 for Optimum Voice, Subscriber must immediately cease using the Optimum Voice service and notify Cablevision that Subscriber is terminating Optimum Voice service. In addition, this Agreement for Optimum Voice is subject to change in compliance with applicable law.
16. Entire Agreement: This Agreement for Optimum Voice shall be posted at Optimum.net and are the only terms and conditions that govern Optimum Voice service. No undertaking, representation or warranty made by any agent or representative of Cablevision in connection with the sale, installation, maintenance or removal of Optimum Voice services shall modify or amend the Agreement for Optimum Voice Service posted at Optimum.net.
Effective July 11, 2014
Optimum Voice International Per Minute Calling Plan with Remote Calling Feature
1. General:
A. The Optimum Voice International Per Minute Calling Plan is an optional calling plan that allows you to place direct-dialed calls from your home or business to locations outside of the fifty United States, Puerto Rico, Canada and the US Virgin Islands. The per minute international calling plan also includes a Remote Calling Feature that enables you to make international calls, as well as domestic calls, when you are away from your home or business.
By choosing to add this calling plan to your OPTIMUM VOICE service, you agree to pay for direct-dialed international calls and remote calls in addition to the monthly flat rate that you currently pay for your OPTIMUM VOICE service. Per minute rates vary by destination. These rates are subject to change at any time and will be effective with the posting of the new rate on the Optimum Web site. Subscriber understands and agrees that if they subscribe to the Optimum Voice International Per Minute Calling Plan, the Optimum Voice International Calling per minute rates (described in Section 3.b of the Agreement for Optimum Voice) is not available until Subscriber cancels their enrollment in this optional calling plan. By choosing to enroll in the Optimum Voice per minute international calling plan, you understand and agree that
a. your credit or debit card will immediately be debited in an amount you select at the time of enrollment
b. that the fees and charges associated with the international calls you make under the Plan will be debited against this amount and
c. that you will need to replenish this balance from time to time in order to make calls under the Plan if the amount remaining on your balance falls below a certain minimum.
B. The Optimum Voice International Per Minute Calling Plan is provided under the general residential and business terms and conditions set forth in the Terms of Service for Optimum Voice and, where applicable, Optimum Online and the specific terms and conditions governing your enrollment in this optional Optimum Voice International Per Minute Calling Plan as described herein. Terms and conditions may be changed from time to time by posting the new terms and conditions on the Optimum Web site.
2. Service Description:
A. The Optimum Voice International Per Minute Calling Plan enables you to make direct dial calls from your home or business to locations outside the fifty United States, Canada and the US Virgin Islands. In addition, you can make international calls, as well as domestic calls, while away from your home and business, if you are traveling within the fifty United States, Puerto Rico, or the U.S. Virgin Islands, by dialing the '800' toll free remote access international calling number and entering your ten (10) digit Optimum Voice telephone number and four (4) digit security code. Please note that when using the remote access feature of the per minute international calling plan, additional charges may apply for calls made from pay phones, or when you place a call from a business or location that has its own telephone system or switchboard, such as a hotel or motel that charges you to use its phone system.
B. Whether you make international calls from your home, business or remote location, all of your payments must be made via credit or debit card. You may select either the Auto Recharge or Recharge As You Go payment option. You may change your billing option at any time on the Optimum Voice Home Page.
C. Auto Recharge: By selecting the Auto Recharge payment option, you authorize Optimum Voice to charge your account for a fixed amount upfront and also authorize the automatic debit of your credit card by a specified amount that you choose when the amount you have available for calls falls below a certain minimum.
To set up this option, you must first specify the amount that will be initially debited from your credit card. Next, you will have to authorize the amount we can debit from your credit card when your account has insufficient funds. Auto recharge works as follows:
Minimum recharge amount is ten dollars ($10.00), although you may select five dollar ($5.00) increments up to fifty dollars ($50.00). Re-charge is activated when your account balance is three dollars ($3.00) or less.
Recharge As You Go: If you choose the Recharge As You Go option, you authorize Optimum Voice to charge your account for a fixed amount. When that amount is depleted, you will not be able to make any more calls until you recharge your account.
You may make international calls until the balance charged against your credit card is depleted. If your account balance is two dollars ($2.00) or less, before a call connects you will hear an announcement telling you of your current account balance. If the account balance falls to zero during a call, your call will be disconnected. Once you have depleted the amount charged to your credit card account, you will not be able to make additional calls under the plan until you have replenished your account. To authorize further debiting of your credit card, you will have to complete a recharge via the My Optimum Voice Home Page or place a separate call to the Optimum Voice Customer care center designating the specific amount you want debited from you card. You will have to repeat these steps each time your account balance is depleted. If you want to avoid having to take these additional steps in the future, you may select the Auto Charge payment option at any time. Minimum recharge amount is ten dollars ($10.00), although you may select five dollar ($5.00) increments up to one hundred dollars ($100).
3. Rates and Charges:
You will be charged against your balance for the minutes you use each month. You will be billed based on the per minute rates for the destinations you call with a one (1) minute initial minimum charge for each call and thereafter, at one (1) minute increments. Rates, billing minimums and increments, and the other terms and conditions set forth herein are subject to change from time to time effective when the Company posts the change on its Web site. You are encouraged to check our Web site from time to time to determine the rates which will be in effect when you place your calls.
To complete enrollment for the per minute international calling plan, you must charge a minimum of ten dollars ($10) on a major credit or debit card (American Express, Visa, MasterCard or Discover Card).
If you deactivate or disconnect the service, you will be credited for any remaining balance on your account.
4. Service Limitations:
Neither Cablevision nor any of its service suppliers or vendors (collectively ('Suppliers') warrant that the Optimum Voice Service, including calls placed under the Optimum Voice International Per Minute Calling Plan, is completely error free or will operate without service loss or interruption, nor does Cablevision or any its Suppliers warrant any connection to or any transmission of the calls. Neither Cablevision nor any of its Suppliers make any representation or warranty express or implied including but not limited to any warranty of merchantability or fitness for a particular purpose or as to the quality of the call.
By your use of the Optimum Voice International Per Minute Calling Plan, you agree to be responsible for payment of all applicable charges for calls that appear on your credit card bill, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss. Due to our verification process, all funds may not be available for immediate use. In no event will Cablevision or its Suppliers be liable for any indirect, special, incidental or consequential losses or damages arising in any manner from the use of the Optimum Voice service including calls made under the Optimum Voice per minute international calling plan. These terms and conditions are in addition to those terms and conditions set forth in the Agreement for Optimum Voice and, where applicable, the Agreement for Optimum Online, Optimum Online Ultra 50 and Optimum Online Ultra 101 .
Effective June 11, 2014
Optimum Voice World Call
Optimum Voice offers optional Optimum Voice World Call for direct-dialed calls made from the subscriber's home to locations outside of the U.S., Puerto Rico, Canada and the US Virgin Islands. A Subscriber who chooses to participate in Optimum Voice World Call will be charged a flat monthly fee for a designated number of minutes to be used for direct-dial international calls in addition to the flat monthly recurring rate that the Subscriber pays for Optimum Voice service. Subscribers may enroll in the optional Optimum Voice World Call by contacting Optimum Voice customer service.
Optimum Voice World Call is for residential non-commercial use only by the Optimum Voice subscriber(s) associated with the Cablevision account at their specified service address (limit 1 per account).
Applicable Charges and Limitations on Minutes Available to Call Cuba:
Each billing cycle, Subscribers participating in Optimum Voice World Call will be charged $19.95 for up to 250 international minutes per billing cycle, inclusive of up to 30 minutes which may be used for calls to Cuba. If a Subscriber within their billing cycle uses over 250 international minutes or over 30 minutes of calling to Cuba, the Subscriber will be automatically charged an additional fee of $19.95 for the purchase of an additional block of up to 250 international minutes, which includes up to 30 minutes to Cuba. If a Subscriber consumes a total of 500 international minutes of Optimum Voice World Call or 60 minutes to Cuba within their billing cycle, subsequent international calls will be placed via Optimum Voice International Calling at the per minute rates described in Section 3.b of the Agreement for Optimum Voice and charges will be added to Subscriber's monthly billing statement. The Optimum Voice World Call Calling Plan does not include a remote access dialing feature. If Subscribers enrolled in the World Call Calling Plan use the Optimum Voice International Calling remote access feature to make international calls while away from Subscriber's residence, Subscriber will be charged the Optimum Voice International Calling per minute rates (described in Section 3.b. of the Agreement for Optimum Voice) and the charges will be added to Subscriber's monthly billing statement. Announcements and Warning Tones:
Subscribers will hear the following announcements and warning tones coincident with the specified event in connection with usage of the initial block of up to 250 international minutes:
a. Within 10 minutes of crossing the 30 Cuba minute threshold. When initiating the first call following the consumption of at least 20 minutes to Cuba, Subscriber will hear a reminder announcement that that an additional $19.95 charge will automatically be applied to their Cablevision account if more than 30 minutes of calling to Cuba are consumed within their current billing cycle. The announcement occurs post dial but pre-call completion.
b. Within 1 hour of crossing the 250 total international minute threshold. When initiating the first call following the consumption of at least 190 total international minutes, Subscriber will hear a reminder announcement that an additional $19.95 charge will automatically be applied to their Cablevision account if more than 250 total international minutes are consumed within their current billing cycle. The announcement occurs post dial but pre-call completion.
c. At 5 minutes and 1 minute before crossing the 30 Cuba minute threshold. Subscribers will be provided with warning tones when they have consumed 25 minutes to Cuba and again, when they have consumed 29 minutes to Cuba. These tones indicate that an additional $19.95 charge will automatically be applied to their Cablevision account when more than 30 minutes of calling to Cuba are used within their current billing cycle. These warning tones occur during these calls and can be only heard by the Subscriber.
d. At 5 minutes and 1 minute before crossing the 250 total international minute threshold. Subscribers will be provided with warning tones when they have consumed 245 minutes of total international minutes and again, when they have consumed 249 total international minutes. These tones indicate that an additional $19.95 charge will automatically be applied to their Cablevision account when more than 250 total international minutes have been used within their current billing cycle. These warning tones occur during these calls and can be only heard by the Subscriber.
Subscribers will hear the following announcements and warning tones coincident with the specified event in connection with usage of the additional block of up to 250 international minutes:
a. Within 10 minutes of crossing the 30 Cuba minute threshold from the additional minutes block. When initiating the first call following the consumption of at least 20 minutes to Cuba from the additional block of international minutes, Subscriber will hear a reminder announcement that their ability to make calls to Cuba using their Optimum Voice World Call will be blocked until the start of the following billing cycle once they consume the 30 minutes of calling to Cuba from the additional block of minutes. The announcement occurs post dial but pre-call completion. Within 1 hour of crossing the 250 total international minute threshold from the additional minutes block. When initiating the first call following the consumption of at least 190 total international minutes from the additional block of international minutes, Subscriber will hear a reminder announcement that their ability to make international calls using their Optimum Voice World Call will be blocked until the start of the following bill cycle once they consume a total of 500 international calling minutes within their current billing cycle. The announcement occurs post dial but pre-call completion.
b. At 5 minutes and 1 minute before crossing the 30 Cuba minute threshold from the additional minutes block. Subscribers will be provided with warning tones when they have consumed 25 minutes to Cuba and again, when they have consumed 29 minutes to Cuba from their additional minutes block. These tones indicate that the Subscriber's ability to make calls to Cuba using their Optimum Voice World Call will be blocked until the start of the following billing cycle once they consume the 30 minutes of calling to Cuba from the additional block of minutes. These tones occur during a call and can be only heard by the Subscriber.
c. At 5 minutes and 1 minute before crossing the 250 total international minute threshold from the additional minutes block. Subscribers will be provided with warning tones when they have used 245 minutes of total international minutes and again, when they have used 249 total international minutes from the additional minutes block. These tones indicate that the Subscriber's ability to make international calls using their Optimum Voice World Call will be blocked until the start of the following billing cycle once they consume a total of 500 international calling minutes within their current billing cycle. These tones occur during a call and can be only heard by the Subscriber.
d. Call Disconnect Tone. Subscriber will be provided with a warning tone consisting of three beeps 5 seconds prior to exhausting the available calling minutes as described above. These tones indicate that a Subscriber's ability to make either all international calls or calls to Cuba using Optimum Voice World Call minutes is blocked until the start of the following billing cycle and that the current call will be disconnected.
Minute Rounding:
All Optimum Voice World Call calls will be rounded up to the nearest whole minute (e.g., a 30 second call would display as 1 minute in the Optimum Voice Home Page International Call Detail tab.)
Excluded Destinations: Destinations excluded from Optimum Voice World Call include Satellite phones, Global Network Numbers and Audio-text lines/destinations.
Call Credits: Subscribers may request a credit for Optimum Voice World Call minutes usage within 48 hours from when the call was dialed. Calls qualifying for 'minutes' credit must be no longer than 1 minute in length.
Optimum Voice World Call Eligibility:
To be eligible to order Optimum Voice World Call:
a. Subscriber must currently subscribe to Cablevision's residential Optimum Voice Service or order Cablevision's residential Optimum Voice Service at the time of ordering Optimum Voice World Call,
b. all of Subscriber's Cablevision accounts must be in good standing,
c. Optimum Voice World Call must be available in their zip code, and
d. Subscriber has not previously ordered Optimum Voice World Call service in the current billing cycle.
Residential and Non-Commercial Use Only:
Optimum Voice World Call is not permitted to use for/by:
a. Resale of service,
b. Business use,
c. Call center use,
d. Telemarketing use,
e. Fax broadcast,
f. Wholesale use,
g. Re-dialers,
h. Auto-dialers or
i. Callback applications.
Pro-Rating:
When placing the order for Optimum Voice World Call, the $19.95 monthly recurring charge will be pro-rated per the Subscriber's billing cycle with a billing credit adjustment. At service disconnect, Optimum Voice World Call is not pro-rated.
Service Suspension: Cablevision reserves the right to suspend the Subscriber's account if Subscriber violates the Agreement for Optimum Voice or these Optimum Voice World Call Terms of Service. Subscribers may elect to suspend Optimum Voice World Call to prohibit international calling. During the suspension period, Subscriber will continue to be billed for their Optimum Voice World Call service.
Non-Recurring Charges: If a Subscriber exceeds either 250 minutes of international calling or 30 minutes of calling to Cuba within a billing cycle, a non-recurring fee of $19.95 will be automatically applied to the next bill for the purchase of an additional block of 250 international minutes of which 30 minutes may be used to call Cuba.
Rollover of Unused Minutes to Additional Minute Block within Billing Cycle: If a Subscriber exceeds 30 minutes of calling to Cuba and incurs a $19.95 charge for an additional minutes block, any unused international minutes from the initial minutes block will be available for international calls, except to Cuba, throughout such billing cycle.
Rollover of Unused Minutes to Next Billing Cycle: Optimum Voice World Call minutes can only be used within the billing cycle in which such minutes were purchased. Unused minutes do not rollover to the next billing cycle.
Effective August 28, 2013
Additional Terms and Conditions for Optimum Voice Features and Functions
Optimum Voice Click to Call Term of Use (Residential & Business)
CSC Holdings, LLC ("Cablevision") is pleased to provide its Optimum Voice Click to Call ("Click to Call") to you in accordance with these Optimum Voice Click to Call Terms of Use ("Terms"), which incorporate and include the General Terms and Conditions of Service, the Agreement for Optimum Voice, the Agreement for Optimum Voice for Business, and the Cablevision Customer Privacy Notice, as they may be changed from time to time, as well as the Optimum Voice Click To Call End User License Agreement.
Your use of Click to Call is your acknowledgment that you have read and agreed to these Terms which is a legal document.
1. Services Provided: Click-to-Call allows Subscribers to initiate calls over the Internet from their Optimum Voice web portal or any Internet browser using a simple, easy mechanism. Click-to-Call is an adjunct feature of the Optimum Voice service that allows Subscribers to initiate Optimum Voice calls via the Internet from home or away from home through a designated telephone number or GoogleTalk client ID specified by the Subscriber (the "Reach Location") to enable the call to be completed at the terminating telephone number selected by the Subscriber ("Destination Location"). As an adjunct to the Optimum Voice service, the product is only available to Optimum Voice Subscribers. Click-to-Call is a one-way feature and cannot be used by Subscribers to forward incoming Optimum Voice calls to another location. Click-to-Call is only available to Optimum Voice Subscribers in good standing.
2. Caller ID Display: The Optimum Voice telephone number associated with the Subscriber's Optimum Voice account will be displayed at both the Reach Location and the Destination Location. However, if the Optimum Voice account has the private outbound calling feature enabled, the Optimum Voice number will not be displayed at the Destination Location.
3. System Requirements: Click-to-Call requires (1) either the Internet Explorer version 7 or above or Mozilla Firefox Internet browser and (2) the Optimum Voice Click-to-Call software (available on www.optimum.net)
4. Prohibited Uses: Subscribers may not use Click-to-Call to make international calls, emergency calls, or calls in which Subscriber does not intend to participate. Subscribers may not use the Click-to-Call Service in any manner that violates any state or federal statutes (e.g., making crank calls, spoofing call origination information) or the other provisions in this Agreement. Cablevision reserves the right to disconnect without notice any prohibited transmissions or uses, and to terminate service in the event of violation of the foregoing use restrictions.
5. E911: E911 calls cannot be made using Click-to-Call. In order to place an E911 call you must place the call from an alternate phone connection.
6. Use of GoogleTalk Client. In the event that Subscriber designates their GoogleTalk client as the Reach Location while using Click-to-Call, Subscriber understands and agrees that the use thereof shall also be subject to their agreement with GoogleTalk and, like any other GoogleTalk call session, any Google Talk client calls initiated through Click-to-Call shall be transmitted in a non-secure unencrypted manner.
Changes to Click to Call and these Terms: You agree that Cablevision may for any reason, and without notice to you, modify or terminate Click to Call and these Terms of Use without liability to you, any user or any third party.
Effective August 23, 2012
Agreement For Optimum Voice Extended Dial Plan (Residential)
Optimum Voice offers to certain eligible Subscribers the Optimum Voice Extended Dial Plan for direct-dialed calls made from the Subscriber's home to those countries included in Subscriber's International destinations plan. The Optimum Voice Extended Dial Plan is only available to certain qualifying residential subscribers. A Subscriber who chooses to participate in Optimum Voice Extended Dial Plan will receive an unlimited number of minutes to be used for direct-dial international calls to destinations in their plan during Subscriber's promotional period. Any international calls placed to destinations not included in the Extended Dial Plan will be automatically placed via Optimum Voice International Calling at the per minute rates described in Section 3.b of the Agreement for Optimum Voice and charges will be added to Subscriber's monthly billing statement. The Optimum Voice Extended Dial Plan does not include a remote access dialing feature. If Subscribers enrolled in the Extended Dial Plan uses the Optimum Voice International Calling remote access feature to make international calls while away from Subscriber's residence, Subscriber will be the charged the Optimum Voice International Calling per minute rates (described in Section 3.b. of the Agreement for Optimum Voice) and the charges will be added to Subscriber's monthly billing statement. Upon expiration of the Subscriber's promotional period, Optimum Voice Extended Dial Plan may no longer be available.
International calling destinations within a package are subject to change.
Optimum Voice Extended Dial Plan is for residential non-commercial use only by the Optimum Voice Subscriber(s) associated with the Cablevision account at their specified service address (limit 1 per account). Destinations excluded from Optimum Voice Extended Dial Plan include satellite phones and audio-text lines/destinations. Calls to cell phones are supported only for certain destinations.
Optimum Voice Extended Dial Plan is not permitted to use for/by:
1. Resale of service
2. Business use
3. Call center use
4. Telemarketing use
5. Fax broadcast
6. Wholesale use
7. Re-dialers
8. Auto-dialers
9. Callback applications
Prohibited Uses: Optimum Voice service may be used as a residential voice service only and may not be used for commercial purposes, including, but not limited to, telemarketing, call center services, medical transcription or facsimile broadcasting. In addition, auto-dialers and predictive dialers may not be used with Optimum Voice service. Optimum Voice is intended to be used consistent with its intended normal residential use. For instance, unlimited voice plans are intended to be used for continuous live dialog between the subscriber and a third party. Certain other activity such as excessive consistent usage, unusual call patterns, and lack of continuous dialog activity may be presumed indicative of use that is inconsistent with normal use of the service in violation of these terms of service.
Subscriber's use of the Optimum Voice Extended Dial Plan is subject to the Agreement for Optimum Voice. Cablevision reserves the right to suspend the Subscriber's account if Subscriber violates the Agreement for Optimum Voice or these Optimum Voice Extended Dial Plan Terms and Conditions. Additional offer terms and conditions apply.
Effective August 28, 2013
Optimum Voice Gadget Term of Use (Residential)
CSC Holdings, LLC ("Cablevision") is pleased to provide its Optimum Voice Gadget (the "Gadget") to you in accordance with these Optimum Voice Gadget Terms of Use ("Terms"), which incorporate and include the General Terms and Conditions of Service, the Agreement for Optimum Voice and the Agreement for Optimum Voice for Business, and the Cablevision Customer Privacy Notice, (collectively, the "TOS") as they may be changed from time to time. Capitalized terms used herein but not defined shall have the meanings ascribed to them in the TOS.
Subscriber's use of Gadget is acknowledgment that Subscriber has read and agreed to these Terms which is a legal document.
1. The Gadget.
2. Disclosure of CPNI.
3. Restrictions on Use.
4. Limitations on the Gadget.
5. Unauthorized Access.
6. Changes to the Gadget and these Terms.
We urge Subscriber to review these Terms periodically so that Subscriber will be aware of any modifications.
Effective August 10, 2010
Optimum Voice RSS Feed Term of Use (Residential)
CSC Holdings, LLC ("Cablevision") is pleased to provide its Optimum Voice RSS Feed to you in accordance with these Optimum Voice RSS Feed Terms of Use ("Terms"), which incorporate and include the General Terms and Conditions of Service, the Agreement for Optimum Voice and the Agreement for Optimum Voice for Business, and the Cablevision Customer Privacy Notice, (collectively, the "TOS") as they may be changed from time to time. Capitalized terms used herein but not defined shall have the meanings ascribed to them in the TOS.
Subscriber's use of Optimum Voice RSS Feed is acknowledgment that Subscriber has read and agreed to these Terms which is a legal document.
1. The RSS Feed. Optimum Voice RSS Feed allows Subscriber to access certain information available through the Subscriber's Optimum Voice web portal, including but not limited to call detail records, voicemail records, and CPNI (collectively, "OV Information")directly through a RSS feed reader(s) designated by the Subscriber. Upon accessing the Optimum Voice web portal, Subscriber will be required to authenticate his/her Optimum Voice account by entering his/her Optimum ID and password. The authentication is processed by Cablevision and Subscriber's Optimum ID and password is not disclosed by Cablevision to any RSS feed reader. Through the use of encrypted URL's, the designated RSS feed reader is enabled to display certain OV Information. Subscriber is solely responsible for obtaining any and all rights or permissions required to use the RSS feed reader. To expire an Optimum Voice RSS Feed the subscriber must do so by accessing the Optimum Voice web portal.
2. Disclosure of CPNI. To the extent necessary for Subscriber to use Optimum Voice RSS Feed , Subscriber hereby consents the disclosure by Cablevision to the RSS feed reader of certain customer proprietary network information ("CPNI").
3. Restrictions on Use. Subscriber agrees that his/her use of and access to Optimum Voice RSS Feed shall only be for personal and noncommercial use. Subscriber agrees not to (a) reverse engineer, decompile, disassemble, modify, translate, alter, adapt, make any attempt to discover the source code of Optimum Voice RSS Feed or software, or create derivative works from Optimum Voice RSS Feed or its software or (b) directly access or use any Cablevision server which provides the information used by Optimum Voice RSS Feed other than via Subscriber's use of Optimum Voice RSS Feed or the Optimum.net/voice.com website in a reasonable and customary manner.
4. Limitations on Optimum Voice RSS Feed. Optimum Voice RSS Feed communicates with one or more Cablevision servers and/or systems to obtain information. Subscriber acknowledges that such servers and/or systems may be inaccessible or inoperative from time to time. Because all servers and systems have limited capacity and are used by many people, Subscriber may not use Optimum Voice RSS Feed in any manner that would (i) damage or overburden any Cablevision server or system, or any network connected to any Cablevision server, or (ii) interfere with any other party's use of the Cablevision server or system. Subscriber acknowledges that he/she is responsible for all hardware, software and other equipment required in order to use Optimum Voice RSS Feed, including but not limited to the RSS feed reader. Although Cablevision uses commercially reasonable efforts to provide you with a secure and reliable service, Cablevision provides Optimum Voice RSS Feed on an "AS IS" and "AS AVAILABLE" basis. Cablevision makes no warranty or guarantee that Optimum Voice RSS Feed shall be uninterrupted or error-free and shall not be liable or responsible for any errors, losses, or interruptions in connection with Subscriber's use of Optimum Voice RSS Feed. Cablevision is not in any way liable or responsible for Subscriber's use of the designated RSS feed reader and Subscriber agrees to hold Cablevision harmless for any loss or damage in connection with the use thereof.
5. Unauthorized Access. Subscriber acknowledges and understands that Optimum Voice RSS Feed will not automatically time out and if he/she leaves their computer unattended after accessing Optimum Voice RSS Feed , an unauthorized user may be able to view Subscriber's OV Information. This security risk can be minimized by logging out of the designated RSS feed reader when Subscriber's computer will be unattended. Subscriber agrees to hold Cablevision harmless for the loss of any OV Information or other files or data while using Optimum Voice RSS Feed (S), and for any unauthorized access to or utilization by any third party of any OV Information available through Optimum Voice RSS Feed.
6. Changes to Optimum Voice RSS Feed and these Terms. Subscriber agrees that Cablevision may for any reason, and without notice to Subscriber, modify or terminate Optimum Voice RSS Feed and these Terms without liability to Subscriber, any user or any third party.
We urge Subscriber to review these Terms periodically so that Subscriber will be aware of any modifications.
Effective August 20, 2010
Directory Listing (Residential)
A. Directory Listing Submission
i. For Subscribers in NY, NJ and CT in Byram and Greenwich rate centers:
a. The Subscriber agrees to authorize Cablevision to submit their directory-listing request to 411 Directory Assistance and national directory assistance database.
b. Subscribers who port their telephone number to Optimum Voice from another service provider will maintain an existing directory listing as-is.
c. New Listings - For a new listing submission, Cablevision will submit a single entry, straight line listing to 411 Directory Assistance and national directory assistance database. A Subscriber's directory listing may not be available in 411 Directory Assistance for up to 2-3 business days subsequent to a directory listing update request.
d. Directory Listing Edits - updates to directory listings will be published to 411 Directory Assistance and national directory assistance database.
e. Directory Listing Deletes - directory listings may be removed by the subscriber via the Optimum Voice portal. Listings in 411 Directory Assistance and national directory assistance database will be removed within 2-3 business days. Listings in print directories will be removed with the next publication of the directory.
ii. For Subscribers in CT excluding Byram and Greenwich rate centers:
a. The Subscriber agrees to authorize Cablevision to submit their directory listing request to their local White Pages print directory, 411 Directory Assistance and national directory assistance database.
b. Subscribers who port their telephone number to Optimum Voice from another service provider will maintain an existing directory listing as-is.
c. New Listings - For a new listing submission, Cablevision will submit a single entry, straight line listing to the local White Pages print directory, 411 Directory Assistance and national directory assistance database. A Subscriber's directory listing may not be available in 411 Directory Assistance for up to 2-3 business days subsequent to a directory listing update request.
d. Directory Listing Edits - updates to directory listings will be published to the local White Pages print directory, 411 Directory Assistance and national directory assistance database.
e. Directory Listing Deletes - directory listings may be removed by the subscriber via the Optimum Voice portal. Listings in 411 Directory Assistance and National Directory Assistance Database will be removed within 2-3 business days. Listings in print directories will be removed with the next publication of the directory.
B. Directory Listing Availability
i. Directory listing submissions (additions/updates/deletes) will be reflected in 411 Directory Assistance in approximately 2-3 business days and in the applicable local print White Pages upon their next publication.
ii. Subscriber directory listings remain in 411 Directory Assistance and the applicable local print White Pages as long as the Subscriber maintains their applicable Optimum Voice phone lines or until the subscriber removes their directory listing.
iii. Subscriber agrees that:
a. They have the authority to add/update/delete Directory Listings associated with the Subscriber's account.
b. Directory listing submission(s) do not mislead or impersonate any person or company.
c. Directory listing submission(s) do not contain false listing information.
d. Directory listing submission(s) do not contain abusive, defamatory, vulgar, obscene, racist or any other language objectionable to any person or entity as determined by Cablevision or the publisher in its sole discretion.
C. Subscriber agrees to hold Cablevision harmless against any and all claims for damages caused or claimed to have been caused, directly or indirectly, by the publication of the number of a non-published service or the disclosing of said number to any person. Cablevision shall not be held liable for any errors or omissions in the directory listing, whether arising through negligence or otherwise, in the information furnished and the Subscriber shall save Cablevision harmless against all claims that may arise from the use of such information.