Notice of Amendment
Effective September 28, 2018, Altice is amending and updating its Agreement for Optimum Voice, now named the Additional Terms of Service for Optimum Voice (Residential), as set forth below.
Additional Terms of Service for Optimum Voice (Residential)
Subscriber understands and agrees that these additional Terms of Service for Optimum Voice service ("Additional OV Terms") are incorporated into and made a part of the General Terms and Conditions of Service (Residential) ("Terms of Service") and apply to the Optimum Voice service ("Optimum Voice Service" or the "Service") provided to Subscriber by CSC Holdings, LLC and its affiliates and subsidiaries authorized to provide the services set forth herein (collectively, "Altice"). Subscriber further understands and agrees that these Additional OV Terms also incorporate and include the Altice Customer Privacy Notice, and where applicable, the Additional OOL Terms and Additional Optimum TV Terms, 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 the Terms of Service, including these Additional OV Terms. Any user who does not agree to be bound by the Terms of Service, including these Additional OV Terms, should immediately stop their use of the Optimum Voice Service and notify the Altice Customer Service Department to terminate the account. This is a legal document.
1. Services Provided: Altice'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 Altice'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 Altice's Optimum Online, except in limited areas where the service may be purchased as a stand-alone service. Altice 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 website. 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 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.
IMPORTANT: It is the customer's responsibility to properly secure their own account, phone system and network, including, but not limited to securing a private branch exchange ("PBX") to prevent the PBX from being compromised and fraudulent calls from being made. If fraudulent calls are detected, Altice reserves the right to disable International Calling without prior notice until the customer properly secures their account, phone system (including the PBX) or network. Customers are responsible for all charges incurred as a result of an unsecured or compromised account, phone system or network.
Altice 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"). Altice 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 Altice. 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 Altice) 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(G) 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 Altice 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 Altice 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 http://shop.surfboard.com/optimum-store/.
E. Optimum Voice subscribers can purchase up to four (4) lines at their service address.
F. Optimum offers the following installation options:
Basic installation: Altice will connect one (1) telephone or wireless telephone base station to an available phone port activated on the applicable Optimum Voice cable modem. Altice is not responsible for connecting other phones in the home to the Optimum Voice cable modem.
Self-Installation: With Self-Installation, a self-install kit is shipped directly to a Subscriber's home or can be picked up at an Optimum Store. With this kit, the Subscriber will be able to connect one (1) telephone or wireless telephone base station to the Optimum Voice cable modem.
Home Wiring: At Subscriber's option, Optimum provides a Home Wiring solution that enables Subscribers to use Optimum Voice on existing home phone jacks. Altice reserves the right to determine the manner in which the home wiring solution is executed in the Subscriber's home. In certain cases, Altice may be required to alter or adapt the Subscriber's inside wiring so that Optimum Voice is available on the existing phone jacks. A fee may apply for Home Wiring.
Alarm Wiring: Subscribers who wish use Optimum Voice as the connection between their home security system and central station monitoring, must request Alarm Wiring.
NOTE: Optimum does not offer a wire maintenance plan. The Subscriber is solely responsible for maintaining all inside wiring and phones within the service location. Optimum will troubleshoot and fix reported problems for a specified fee or service charge. The fee or service charge is based on the then current rate in effect.
In certain buildings such as multiple dwelling units, Optimum may not have access to the Subscriber's inside wiring located within the apartment unit. In these instances, Altice 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 the Optimum Voice Basic Installation described above.
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.
· 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. Altice reserves the right to modify service features at any time. The Optimum Voice International Per Minute Calling Plan is only be available to those Subscribers who have been continuously enrolled in the such plan since August 29, 2013. 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.
i. Optimum Voice World Calling Plan. The Optimum Voice World Calling Plan is no longer available for new enrollments. Subscribers currently enrolled in the Optimum Voice World Calling Plan will be transitioned to the Optimum Voice International Per Minute Calling Plan described above by no later than June 1, 2016 (March 1, 2016 in certain areas). The specific terms and conditions for the Optimum Voice World Calling Plan may be accessed here.
ii. Other Optimum Voice Optional International Calling Plans. Altice 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 Altice. 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 Altice.
I. Optimum Voice will associate the Subscriber's name on the Altice 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 Altice or the publisher in its sole discretion; and Caller Name submission(s) shall comply with all relevant laws, rules and regulations
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 http://shop.surfboard.com/optimum-store/.
B. Home security systems: If Subscriber has a centrally monitored home security system, and selects our Alarm 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. 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 http://shop.surfboard.com/optimum-store/.
Like any other communications service provider, we do not represent that our service is fail-safe. In addition, Altice 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. Altice will supply a voice-enabled modem for so long as Subscriber remains an Optimum Voice Subscriber (modem fees may apply) or until Altice changes this service offering. Upon termination of either Optimum Voice or Optimum Online Service for any reason, Subscriber may be asked to return the Altice 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 Altice at the time the voice-enabled modem was supplied by Altice.
6. Directory Listing: Optimum Voice offers a directory listing capability. Details are available by going to voice.optimum.net/Features/DirectoryListing.
7. Incorporation of Additional OOL Terms and Additional Optimum TV Terms: Where applicable, Optimum Voice services are offered as an additional service of Altice's Optimum Online Service and/or Optimum TV Service offerings. Subscriber agrees that, as applicable, the Additional OOL Terms or Additional TV Terms shall apply to Optimum Voice Services. The Additional OV Terms shall control in the event of any conflict with the Additional OOL Terms or Additional TV Terms.
8. 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.
Effective September 28, 2018