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., ("Cablevision") is pleased to provide its Optimum Voice for Business Service to you in accordance with these terms of service, which terms and conditions incorporate and include the General Terms and Conditions of Service, the Agreement for Optimum Online, Optimum Online Ultra 50 and Optimum Online Ultra 101, and the Cablevision Customer Privacy Notice, as they may be changed from time to time.
Subscriber's use of the Optimum Voice for Business Service shall be deemed acknowledgment that Subscriber has read and agreed to these terms of service. Any Subscriber who does not agree to be bound by these terms should immediately stop their use of the Optimum Voice for Business Service and notify the Cablevision Customer Service Department to terminate the account. This is a legal document.
Cablevision's Optimum Voice for Business digital phone service provides unlimited calling within the United States, Puerto Rico, Canada and the US Virgin Islands in connection with Cablevision's Optimum Online service in accordance with the following terms of service. Optimum Voice for Business also offers an optional international calling plan for direct-dialed calls made from the Subscriber's business to locations outside of the United States, Puerto Rico, Canada and the US Virgin Islands.
Monthly Service Fee:
Subscriber agrees to pay the monthly service charge for Optimum Voice for Business service. Optimum Voice for Business service is offered only as an additional service of Cablevision's Optimum Online offering and may not be purchased as a stand-alone service. Optimum Voice for Business is offered only to the Cablevision authorized address where Optimum Online service is provided. Cablevision reserves the right to increase or decrease the fee for any services offered. Fees for Optimum Voice for Business service shall be posted at the http://www.optimumbusiness.com/pricing/business-phone.jsp Web site. Optimum Voice for Business 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 for Business Service Features:
- Unlimited local, regional and long distance calling within the United States, Puerto Rico, Canada and the US Virgin Islands including 800 service, call waiting, call waiting with caller ID, caller ID with name, caller ID blocking (*67), call return (*69), three-way calling, call forwarding, anonymous calling, anonymous call blocker, busy re-dial, Find me, VIP ringing, hunting, straight line white pages directory listing, enhanced voicemail, Optimum Voice for Business Web portal, unlimited inbound calling, a choice of an unlisted telephone number and/or the ability to keep your current telephone number and port it over to Optimum Voice for Business. Direct-dial calls outside of the U.S. are available only with the Optimum Voice for Business International Calling Plan at an additional per minute charge. Optimum Voice for Business 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 is not available outside the continental U.S.
Enhanced 911 ("E-911") is a feature of the Optimum Voice for Business 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 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 address, the Subscriber's 911 calls may be misdirected to the wrong address 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.
- Optimum Voice for Business will provide a free to use voice-enabled modem with its own power supply when installed at the Subscriber premises. If there is a local power outage at the Subscriber premises, the service will continue to work for as long as the battery is functional. However, if there is a disruption to the cable network or facilities, the Service will not work even if the battery is still functional. Subscriber understands that in such cases it will not be possible to place or receive calls including calls to access emergency 911 services. It is the customer's responsibility to notify Cablevision if the battery is not working and/or needs replacement. Cablevision will provide a replacement battery free of charge.
- IMPORTANT INFORMATION Regarding Keeping Your Optimum Voice for Business Phone Number When you Move: Please be aware that during the first 72 hours of arriving at a new service address, if Subscriber dials 911 from their Optimum Voice for Business phone, Subscriber must relay to the emergency service operator Subscriber's 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.
- If Subscriber so chooses, Subscriber may separately purchase a spare battery backup for use with their voice-enabled cable modem in the instance of a non-network related outage at www.optimumbusiness.com.
Optimum Voice for Business International Calling:
Optimum Voice offers an International Calling Service for direct-dialed calls made from the Subscriber's business or from any phone via the Optimum Voice International Calling remote access number to destinations outside of the United States ("U.S."), Puerto Rico, Canada, and the U.S. Virgin Islands at per minute rates. The Optimum Voice International Calling Service is automatically enabled for each line, including, where applicable, the SIP Trunk Pilot telephone number. In order to activate the International Calling Service, Subscriber must login to the Optimum Business Account Center and activate the service on the desired line(s). Audio-text lines/destinations are excluded from Optimum Voice International Calling.
- Monthly International Plan Charge: Subscriber will be charged a monthly international plan charge upon activating International Calling. The monthly international plan charge covers all lines on the account and is charged to the account even when no international calls are made.
- Per Minute Rates: The per minute rates vary by destination and are posted at: https://business.optimum.net/international/popRatesNew. The per minute rates are subject to change at any time and any updates will be effective upon posting at: https://business.optimum.net/international/popRatesNew. Charges for Optimum Voice International Calling at the per minute rates will appear on Subscriber's monthly billing statement for the relevant usage cycle (the "Usage Cycle"). Optimum Voice International Calling will be billed in sixty (60) second increments and rounded up to the nearest sixty (60) 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.
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.
- Subscribers in good standing with Optimum Voice service for less than ninety (90) consecutive days have a Calling Limit of One Hundred and Seventy Five Dollars ($175) per Usage Cycle; and
- Subscriber in good standing with Optimum Voice service for ninety (90) or more consecutive days have a Calling Limit of Three Hundred and Fifty Dollars ($350) per Usage Cycle.
- Subscriber may create a "Calling Limit" whereby Subscriber sets 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 Cablevision-imposed Calling Limit or the Subscriber-designated Calling Limit.
- Remote Access Feature: Subscribers can use the remote access feature with Optimum Voice International Calling at per minutes rates while away from Subscriber's place of business. Subscriber understands that when using the remote access feature to make Optimum Voice International Calling at per minute rate, additional third party charges may also apply (i.e., pay phone charges, cellular charges, or hotel phone system charges, etc.).
- Subscribers of the Prepaid International Calling Plan may find more information at: https://www.optimum.net/pages/OV/Prepaid-Business.html.
Optimum Voice for Business offers professional installation: the voice-enabled cable modem will be provided on a free to use basis (See section 5). Optimum Voice for Business provides a business wiring solution that enables customers to use Optimum Voice for Business as standard telephone lines. Cablevision will use a network interface device (NID), a common connectivity panel used in commercial locations and the NID will be the demarcation point for the Optimum Voice for Business service. Cablevision will connect the wiring from the cable modem to the NID. An existing cable modem for Optimum Online might not be located near the NID on the Subscriber premise. Cablevision will determine the best method of installation and location of the modem to deliver the service at the time of installation.
Cablevision will be responsible for delivering dial tone to the demarcation point (NID) only. Subscriber will be responsible for wiring from the NID out to the individual phone(s). Cablevision reserves the right to determine the manner in which the business wiring solution is executed. In certain cases, Cablevision may be required to alter or adapt the Subscriber's inside wiring so that Optimum Voice for Business is available on the existing phones. Optimum Voice for Business does not offer a wire maintenance plan. The Subscriber is solely responsible for maintaining all inside wire and phones within the business. Optimum Voice for Business will troubleshoot and fix reported problems for a specified service charge. The service charge is based on the then current rate in effect. In certain buildings such as multiple dwelling units, Optimum Voice for Business may not have access to the Subscriber's inside wiring located within the business. In these instances, Cablevision has the right to determine how best to wire the Subscriber's business.
Alarm Systems. If Subscriber has a centrally monitored system, which is not (i) a high security monitoring system (UL 681 or similar) or (ii) an emergency medical alert system, Optimum Voice for Business will be wired so that it may be available for use with such system. This request must be made at the time of sale. Although Optimum Voice for Business will supply a connection that will allow the operation of Subscriber's existing business security system, Optimum Voice for Business does not guarantee that any such system will be in complete operational order following the installation of Optimum Voice for Business. As such, it is Subscriber's obligation to contact their security system provider to inform them of your Optimum Voice for Business installation and any change in phone number and to request a complete operational test of such system immediately following installation of Optimum Voice for Business service. In addition, it is your responsibility to test your system on a regular basis. Optimum Voice for Business installation will insure proper wiring from the cable modem to the Cablevision demark (NID/wiring block). However, any inside wiring from the NID/wiring block to the alarm panel is Subscriber's responsibility. In the event of a large-scale power outage or network outage (whether unplanned or maintenance related), Optimum Voice for Business service, including any security system, which uses Optimum Voice for Business to connect to central station monitoring, will not function.
Cablevision does not support the use of Optimum Voice for Business as a connection between medical alert systems or, (ii) any high security monitoring systems (UL 681 or similar) and the central station monitoring and Subscriber must maintain an alternate connection. Cablevision does not support the use of Optimum Voice for Business as a connection between fire alarm systems (UL 864 or similar) and the central station monitoring for service locations in Pennsylvania. If Optimum Voice for Business is used as a connection between fire alarm systems (UL 864 or similar) and the central station monitoring for a Subscriber service location as permitted hereunder, Subscriber agrees that it will be solely responsible for contacting its authorized central station monitored fire alarm system provider to test and verify that the central station monitored fire alarm system is in good working order following Cablevision's Service installation, including the testing of proper line seizure functionality and the successful transmission of signals at the supervising station.
- Anonymous Calling - Optimum Voice for Business provides the option to hide caller ID information on a per call basis via *67 or for all calls through My Optimum Voice web portal. However, if Subscriber is calling an Optimum Voice Toll Free number, caller ID information (Name and Telephone Number) will be displayed to the owner of the Toll Free number regardless if the feature is active or not.
- Caller Name - Optimum Voice for Business will associate the Subscriber's business name with the Subscriber's telephone numbers on the account 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 numbers on the account. Following initial service commencement, Subscriber can modify and manage the Caller Name(s) for each telephone number on the account through the Optimum Business Account Center located at: business.optimum.net. 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 company that subscribes to the service; 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.
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 Home Page. These features or functions may be further subject to specific terms and conditions and subject to change at any time by Cablevision.
Optimum Voice for Business Service Limitations:
- Service outages: Your Optimum Voice for Business modem is electrically powered and will be provided with its own battery backup. If there is a local power outage the service will continue to work for as long as the battery is functional. However, if there is a disruption to the cable network or facilities, or if broadband connection is disrupted or not operating, the Service will not work regardless of the condition of the battery backup unit. In the event of a larger power outage, the modem, including all phones and services connected to or powered by it, will not work. Subscriber expressly acknowledges that in such cases Enhanced 911 service, and the use of Optimum Voice for Business as the connection between a security system and central monitoring services will not work. Subscribers may choose to purchase an additional battery backup for use in the event of a non-network related outage at: optimumbusiness.com.
- Limitations on the Number of Lines: Optimum Voice for Business provides no more than 24 telephone lines at a service location. Subscribers may not combine the services from multiple service locations or accounts into a shared telephone system infrastructure for the purpose of increasing the number of lines at a single service location.
- Medical Alert Systems: 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 for Business 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 for Business service.
- Limitations on Toll Free Calls. Optimum Voice Toll Free Service does not accept toll free calls that originate from payphones or toll free calls which require any operator intervention or screening for call completion including calls originating from lines within a prison or confinement/detention facility that are intended for inmate/detainee use and require outward call screening and restriction and private paystations that may or may not require coins for call completion.
Optimum Voice for Business service requires a voice-enabled cable modem with battery backup. Cablevision will supply a voice-enabled modem with battery backup without charge for so long as Subscriber remains an Optimum Voice for Business customer or until Cablevision changes this service offering. Upon termination of either Optimum Voice for Business or Optimum Online Service for any reason, Subscriber may be asked to return the Cablevision supplied (excluding purchased modems) voice-enabled cable modem and battery backup unit (s) within thirty (30) days or Subscriber will be charged an equipment fee equal to the fee charged by Cablevision at the time the equipment was supplied by Cablevision. Alternatively, Subscriber may purchase a voice-enabled cable modem from Cablevision. The cost for the purchase of the voice-enabled modem will be charged to Subscriber's Cablevision service bill. In the event Subscriber purchases the voice-enabled cable modem from Cablevision and terminates services within thirty (30) days, Subscriber may return the modem for a full credit of the purchase price.
Optimum Voice for Business Service shall continue until such time as terminated by Subscriber, which shall be effective upon one (1) day's notice, or terminated by Cablevision for breach (including nonpayment) of this Agreement, or the Agreement For Optimum Online and Optimum Online Boost for Business, or otherwise terminated by Cablevision in accordance with its General Terms and Conditions of Service.
Incorporation of Cablevision's Agreement for Optimum Online:
Optimum Voice for Business services are offered as an additional service of Cablevision's Optimum Online service offering. Subscriber agrees that the Agreement for Optimum Online and Optimum Online Boost for Business are incorporated into this Agreement and shall apply to Optimum Voice for Business services. The Agreement for Optimum Voice for Business shall control in the event of any conflict with the terms and conditions of the Agreement for Optimum Online and Optimum Online Boost for Business.
Termination by Cablevision:
Cablevision may, at its option, terminate this Agreement and remove Equipment for any reason whatsoever, including, but not limited to, if Subscriber or any user of Subscriber's account or services violates or breaches this Agreement and/or any Cablevision or Third Party Provider terms of service and agreements incorporated herein by reference, in all cases as determined in Cablevision's sole good faith discretion. Additional grounds for termination include, for example, when a Subscriber's credit card issuer refuses a charge or any other payment method fails.
Violations of this Agreement:
- Subscriber or any user of Subscriber's account or services fails to abide by Cablevision's rules and regulations or to pay the charges billed;
- 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 Cablevision employee or agent;
- Subscriber or any user of Subscriber's account or services refuses to provide Cablevision with reasonable access to the service location or refuses to allow Cablevision to diagnose and/or troubleshoot a service issue when such access or customer interaction is necessary in order to provide the appropriate customer support; or
- The amount of customer and/or technical support required to be provided to Subscriber or any user of Subscriber's account or services is excessive in the sole good faith discretion of Cablevision.
Effect of Termination by Cablevision:
Subscriber agrees that in the event of termination by Cablevision pursuant to Section 8, Cablevision and all Third-Party Providers shall have no liability to Subscriber or any user of Subscriber's account or services. Failure of Cablevision to remove Equipment shall not be deemed an abandonment thereof. Subscriber shall pay reasonable collection and/or attorney's fees to Cablevision in the event that Cablevision shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement.
Additionally, unless expressly prohibited by law, Subscriber also understands and agrees that in the event of termination by Cablevision pursuant to Section 8, Cablevision, in its sole good faith discretion, may decline or reject a new application for service or block access to or use of any component of the Optimum Services by Subscriber or any former user of Subscriber's account or services.
Limitation of Liability:
Optimum Voice for Business 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 for Business Service, whether caused by acts of commission or omission shall be limited to an allowance for the time period of any Optimum for Business 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.
Except as noted below under "Excepted Claims," any and all disputes arising between You and Cablevision, including its respective parents, subsidiaries, affiliates, officers, directors, employees, agents, predecessors, and successors, shall be resolved by binding arbitration on an individual basis in accordance with this Arbitration Provision.
Resolving Your dispute with Cablevision through arbitration means You will have a fair hearing before a neutral arbitrator instead of in a court before a judge or jury. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND CABLEVISION EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.
IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY CABLEVISION IN WRITING WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT BY EMAILING US AT NOARBITRATION@CABLEVISION.COM OR BY MAIL TO CABLEVISION RESEARCH & SUPPORT, 200 JERICHO QUADRANGLE, JERICHO, NY 11753 ATTN. ARBITRATION. YOUR WRITTEN NOTIFICATION TO CABLEVISION MUST INCLUDE YOUR NAME, ADDRESS, AND CABLEVISION ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH CABLEVISION THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH CABLEVISION OR THE DELIVERY OF CABLEVISION SERVICES TO YOU. OPTING OUT OF THIS ARBITRATION PROVISION HAS NO EFFECT ON ANY PREVIOUS, OTHER, OR FUTURE ARBITRATION AGREEMENTS THAT YOU MAY HAVE WITH CABLEVISION.
Because the Service(s) provided to You involves interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all disputes under this Arbitration Provision. Any state statutes pertaining to arbitration shall not be applicable. You and Cablevision agree that applicable state law or federal law shall apply to and govern, as appropriate, the substance of all claims or causes of action, remedies, and damages arising between You and Cablevision.
The arbitration will be administered by the American Arbitration Association ("AAA"), 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, under the AAA's Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, as modified by this Arbitration Provision. You may obtain copies of those rules from the AAA at www.adr.org or by calling 1-800-778-7879. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve Your dispute. If this situation arises, or if the AAA for any reason cannot serve as the arbitration organization, the parties shall agree on a substitute arbitration organization or ad hoc arbitration, which will enforce this Arbitration Provision as to the dispute. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization or ad hoc arbitrator that will enforce this Arbitration Provision as written. If there is a conflict between this Arbitration Provision and the AAA rules, this Arbitration Provision shall govern.
A single arbitrator will resolve the dispute between You and Cablevision. Participation in arbitration may result in limited discovery. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect confidential or proprietary information, including subscriber personally identifiable information.
All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Arbitration Provision, or the interpretation of its prohibitions of class, representative, and private attorney general proceedings and non-individualized relief shall be for a court of competent jurisdiction to decide. The Arbitrator is limited and bound by terms of this Arbitration Provision. Although the arbitrator shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law, the arbitrator shall not be bound by rulings in other arbitrations involving different customers. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement. Unless the parties agree otherwise, any arbitration hearings will take place in a location convenient to You in the area where You receive the Service(s). If the amount in dispute is less than $50,000, Cablevision agrees that You may choose whether the arbitration is conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by AAA rules.
If the amount in dispute exceeds $75,000 or the claim seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA. You agree that if You fail to notify Cablevision in writing within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute, then to the fullest extent permitted by law, You waive the right to pursue, in any forum, including arbitration or court, a claim based upon such event, facts or dispute.
Cablevision will pay all arbitration filing, administrative, and arbitrator fees for arbitrations that it commences. If You commence an arbitration, You will be responsible for paying a portion of arbitration fees as follows: If You are seeking relief valued at up to $1,000, Your share of such fees shall be capped at $25, and if You commence an arbitration seeking relief valued at between $1,001 and $10,000, Your share of such fees shall be capped at $100. If You commence an arbitration seeking relief valued at greater than $10,000, arbitration filing, administrative, and arbitrator fees shall be allocated in accordance with the AAA rules. If You cannot pay Your share of these fees, You may request a fee waiver from the AAA. In addition, Cablevision will consider reimbursing Your share of these fees if You indicate You cannot afford them and, if appropriate, will pay directly all such fees upon Your written request prior to the commencement of the arbitration. You are responsible for all additional costs and expenses that You incur in the arbitration, including, but not limited to, attorneys' or expert witness fees and expenses, unless the arbitrator determines that applicable law requires Cablevision to pay those costs and expenses.
If the arbitrator concludes that Your claim is frivolous or has been brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)), then the AAA rules shall govern the allocation of arbitration fees, and You agree to reimburse Cablevision for any amounts Cablevision may have paid on Your behalf. In addition, in such cases, the arbitrator shall have the same discretion that a court would have to require You to pay Cablevision's attorneys' fees and expenses. If Cablevision is the claimant, the arbitrator shall have the same discretion to require Cablevision to pay Your attorneys' fees and expenses if the arbitrator concludes that Cablevision's claim is frivolous or has been brought for an improper purpose.
YOU AGREE TO ARBITRATE YOUR DISPUTE AND TO DO SO ON AN INDIVIDUAL BASIS; CLASS, REPRESENTATIVE, AND PRIVATE ATTORNEY GENERAL ARBITRATIONS AND ACTIONS ARE NOT PERMITTED. You and Cablevision agree that each party may bring claims against the other only in Your or its individual capacity and may not participate as a class member or serve as a named plaintiff in any purported class, representative, or private attorney general proceeding. This Arbitration Provision does not permit and explicitly prohibits the arbitration of consolidated, class, or representative disputes of any form. In addition, although the arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other Cablevision account holders, neither You nor Cablevision may seek, nor may the arbitrator award, non-individualized relief that would affect other account holders. Further, the arbitrator may not consolidate or join more than one person's claims unless all parties affirmatively agree in writing.
If any of the prohibitions in the preceding paragraph is held to be unenforceable as to a particular claim, then that claim (and only that claim) must be severed from the arbitration and brought in court. In that instance, or any instance when a claim between You and Cablevision proceeds to court rather than through arbitration, You and Cablevision each waive the right to any trial by jury through this Agreement.
If any other portion of this Arbitration Provision is determined to be unenforceable, then the remainder of this Arbitration Provision shall be given full force and effect. The terms of the Arbitration Provision shall survive termination, amendment or expiration of this Agreement.
For purposes of this Agreement, the term "Excepted Claims" shall mean claims by either party relating to a party's intellectual property rights or to the unauthorized use, theft, or piracy of Cablevision products or services. In addition, either You or Cablevision may bring claims in small claims court in Your jurisdiction, if that court has jurisdiction over the parties and the action and the claim complies with the prohibitions on class, representative, and private attorney general proceedings and non-individualized relief discussed above. You may also bring issues to the attention of federal, state, and local executive or administrative agencies.
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.
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 Subscriber's monthly bill.
Optimum Voice for Business is intended to enable the small business customer with unlimited inbound and outbound calling within the United States, Puerto Rico, Canada and the US Virgin Islands for a flat rate price including many popular features. Optimum Voice for Business service may not be used for purposes including, but not limited to, telemarketing, call center services, medical transcription, facsimile broadcasting, auto-dialers, predictive dialers, resell purposes, or engineered calling to utilize Optimum Voice for Business solely for outbound calling, including utilizing call forwarding or any other calling feature to achieve outbound calling or permitting others to call another person or company so frequently or at such times of the day or in such a manner as to harass, abuse or torment such other person(s) or company including the use of profane or obscene language. Cablevision reserves the right to disconnect without notice any prohibited transmissions or uses, including the use of the Service by the Subscriber that injuriously affects the efficiency of Cablevision's personnel (direct or subcontracted), plant or property and to terminate Service in the event of violation of the foregoing use restrictions.
Cablevision may, in its sole discretion, change, modify, add or remove portions of the Optimum Voice for Business Service Terms and Conditions 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 for Business 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 the Agreement for Optimum Voice for Business, Subscriber must immediately cease using the Optimum Voice for Business service and notify Cablevision that Subscriber is terminating Optimum Voice for Business service. In addition, this Agreement for Optimum Voice for Business is subject to change in compliance with applicable law.
Optimum Voice for Business offers a directory listing capability that enables the Subscriber to list their phone number(s) in their local print White Pages as well as 411 Directory Assistance.
Directory Listing Submission
- The Subscriber agrees to authorize Cablevision to submit their directory-listing request to their local print telephone White Pages and 411 Directory Assistance.
- New Listings - For a new listing submission, Cablevision will submit a single entry, straight line listing to the local directory as well as 411 Directory Assistance. 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.
Directory Listing Availability
- 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.
- 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 for Business phone lines.
Subscriber agrees that:
- They have the authority to add/update/delete Directory Listings associated with the Subscriber's account.
- Directory listing submission(s) do not mislead or impersonate any person or company.
- Directory listing submission(s) do not contain false listing information.
- 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.
Directory Listing of Toll Free numbers
Optimum Voice for Business offers a directory listing capability that enables the Subscriber of Optimum Voice Toll Free service to list their Toll Free number in the local White Pages print directory and 411 Directory Assistance. A Subscriber who wishes to list their Toll Free number in the Yellow Pages directory or any other directory should negotiate a contract with the publisher directly. Participation in the Toll Free 1-800-555-1212 Directory Assistance or www.Tollfreeda.com web site is not available to Optimum Voice Toll Free listings. When a Toll Free number is transferred over to Optimum Voice, the previous provider will remove the listing from 1-800-555-1212 and www.Tollfreeda.com.
- 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 hold Cablevision harmless against all claims that may arise from the use of such information.
- Entire Agreement: This Agreement for Optimum Voice for Business is the only terms and conditions that govern Optimum Voice for Business 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 for Business services shall modify or amend the agreement for Optimum Voice for Business posted at: http://www.optimum.net/pages/Terms/OV/Business.html.
Effective January 4, 2016