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, "Altice") 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 Customer Privacy Notice, and where applicable, the Agreement for Optimum Online 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 Altice Customer Service Department to terminate the account. This is a legal document.
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.
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.
Optimum Voice Service Features:
Optimum Voice service is offered with the following features:
- Unlimited local, regional and long distance calling within the United States, Puerto Rico, Canada and the US Virgin Islands.
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.
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.
- 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.
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:
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.
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.
- 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.
- 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/.
- Optimum Voice subscribers can purchase up to four (4) lines at their service address.
Optimum offers the following installation options:
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.
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.
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.
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.
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. 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.
- 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.
- 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.
- 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.
- 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:
- 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/.
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.
- 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.
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.
Optimum Voice Service shall continue until such time as terminated by Subscriber, which shall be effective upon notice, or terminated by Altice for breach (including nonpayment) of this Agreement for Optimum Voice or, where applicable, the Agreement For Optimum Online, or otherwise terminated by Altice in accordance with its General Terms and Conditions of Service.
Optimum Voice offers a directory listing capability. Details are available by going to voice.optimum.net/Features/DirectoryListing.
Incorporation of Altice's Agreement for Optimum Online Service or Optimum TV:
Where applicable, Optimum Voice services are offered as an additional service of Altice's Optimum Online and/or Optimum TV service offerings. Subscriber agrees that, as applicable, the Agreement for Optimum Online 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 or the Agreement for Optimum TV. Read Agreement for Optimum Online or the Agreement for Optimum TV.
Termination by Altice:
Altice may, at its option, terminate this Agreement and remove Equipment for any reason whatsoever, including, but not limited to, if Subscriber or any user of Subscriber's account or services violates or breaches this Agreement and/or any Altice or Third Party Provider terms of service and agreements incorporated herein by reference, in all cases as determined in Altice's sole good faith discretion. Additional grounds for termination include, for example, when a Subscriber's credit card issuer refuses a charge or any other payment method fails.
Violations of this Agreement:
It shall be a violation of this Agreement for Subscriber or any user of Subscriber's account or services (1) to engage in any conduct prohibited by this Agreement (or by any terms and conditions incorporated herein by reference); or (2) not to engage in conduct required by this Agreement, each case determined in Altice's sole good faith discretion. In addition, whether or not the conduct set forth below is elsewhere prohibited by this Agreement, it shall be a violation of this Agreement if:
- Subscriber or any user of Subscriber's account or services fails to abide by Altice's rules and regulations or to pay the charges billed;
- Subscriber or any user of Subscriber's account or services fails to provide and maintain accurate registration information or the information required in the registration process is or becomes incorrect, absent or incomplete;
- Subscriber or any user of Subscriber's account or services engages in any illegal or prohibited activity in connection with their use of any Optimum Service;
- Subscriber or any user of Subscriber's account or services harasses, threatens or otherwise abuses any Altice employee or agent;
- Subscriber or any user of Subscriber's account or services refuses to provide Altice with reasonable access to the service location or refuses to allow Altice to diagnose and/or troubleshoot a service issue when such access or customer interaction is necessary in order to provide the appropriate customer support; or
- The amount of customer and/or technical support required to be provided to Subscriber or any user of Subscriber's account or services is excessive in the sole good faith discretion of Altice.
Effect of Termination by Altice:
Subscriber agrees that in the event of termination by Altice pursuant to Section 9, Altice and all Third-Party Providers shall have no liability to Subscriber or any user of Subscriber's account or services. Failure of Altice to remove Equipment shall not be deemed an abandonment thereof. Subscriber shall pay reasonable collection and/or attorney's fees to Altice in the event that Altice shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement.
Additionally, unless expressly prohibited by law, Subscriber also understands and agrees that in the event of termination by Altice pursuant to Section 9, Altice, in its sole good faith discretion, may decline or reject a new application for service or block access to or use of any component of the Optimum Services by Subscriber or any former user of Subscriber's account or services.
Except as noted below under "Excepted Claims," any and all disputes arising between You and Altice, 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 Altice 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 ALTICE 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 ARE AN EXISTING SUBSCRIBER FOR AT LEAST 30 DAYS BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT AND HAVE PREVIOUSLY ENTERED INTO AN ARBITRATION AGREEMENT WITH ALTICE, THE TERMS OF THIS ARBITRATION PROVISION ALREADY APPLY TO YOU. IF YOU BECAME A SUBSCRIBER ON OR WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT, AND DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY ALTICE IN WRITING WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT BY EMAILING US AT NOARBITRATION@ALTICEUSA.COM OR BY MAIL TO ALTICE RESEARCH & SUPPORT, 200 JERICHO QUADRANGLE, JERICHO, NY 11753 ATTN. ARBITRATION. YOUR WRITTEN NOTIFICATION TO ALTICE MUST INCLUDE YOUR NAME, ADDRESS, AND ALTICE ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ALTICE THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH ALTICE OR THE DELIVERY OF ALTICE 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 ALTICE.
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 Altice 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 Altice.
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 Altice. 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, Altice 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 Altice 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.
Altice 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, Altice 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 Altice 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 Altice for any amounts Altice 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 Altice's attorneys' fees and expenses. If Altice is the claimant, the arbitrator shall have the same discretion to require Altice to pay Your attorneys' fees and expenses if the arbitrator concludes that Altice'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 Altice 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 Altice account holders, neither You nor Altice 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 Altice proceeds to court rather than through arbitration, You and Altice 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 theft, or piracy of Altice products or services. In addition, either You or Altice 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.
Limitation of Liability:
Optimum Voice service is provided "AS IS." The liability of Altice 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. Altice 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, Altice 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.
Altice 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 Altice, 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.
Charges for installation services and equipment will be charged at the then current rate in effect.
Applicable fees and surcharges, if any, will be added to your monthly bill.
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.
Altice may, in its sole discretion, change, modify, add or remove portions of this Agreement for Optimum Voice at any time. Altice 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 Altice that Subscriber is terminating Optimum Voice service. In addition, this Agreement for Optimum Voice is subject to change in compliance with applicable law.
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 Altice 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 October 10, 2016