Notice of Amendment
Effective September 28, 2018, Altice is amending and updating its Agreement for Optimum TV, now named the Additional Terms of Service for Optimum TV (Residential), as set forth below.
ADDITIONAL TERMS OF SERVICE FOR OPTIMUM TV (Residential)
Subscriber's use of the Optimum TV Service shall be deemed acknowledgment that Subscriber has read and agreed to the Terms of Service, including the Additional Optimum TV Terms. Any user who does not agree to be bound by the Terms of Service, including these Additional Optimum TV Terms, should immediately stop their use of Optimum TV and notify the Altice Customer Service Department to terminate the account. This is a legal document.
1. Third Party Apps: In addition to providing video
programming and video-related services, and interactive television
services, certain Altice Equipment provided in connection with the Optimum
TV Service, including the Altice One/Altice One Mini ("Altice One
Equipment") and Altice digital cable box, may include or provide access to
services, software or applications that are licensed, sold and/or provided
to You by Third Party Providers ("Third Party Provider App(s)").
Notwithstanding any other provision of this Agreement to the contrary, this
Agreement shall not be deemed to apply to any Third Party Apps and Your use
of a Third Party App is subject to the terms and conditions of the license
agreement between you and the licensor of that Third Party App. Subscriber
acknowledges and agrees that Subscriber shall only use Third Party Apps on
the Altice One Equipment that are authorized by Altice.
2. Reproduction of Programs: Subscriber agrees that the
programs and other services provided by Altice will be utilized solely for
Subscriber's personal, non-commercial use and will not be duplicated except
in compliance with law.
3. Voice Search: Subscriber understands and agrees that when interacting with the Voice Search feature of the Altice One Equipment, we may collect and use information regarding your use of the Altice One Equipment in accordance with the Customer Privacy Notice and Mobile Application Privacy Notice. Subscriber understands and agrees that this information may include voice search data which may be transferred within the United States and/or other countries for storage, processing and/or use by Altice's third party vendors.
4. Service Limitations for Multi-Room DVR and Cloud DVR Services (collectively, "DVR"):
A. Storage Limits: If Subscriber has exceeded the maximum storage for Subscriber's DVR service, either (1) new recordings will not be recorded; or (2) recordings may be incomplete for the scheduled time due to lack of storage space.
B. Availability of Certain Functionality: Subscriber understands and agrees that functions such as "Pause" and/or "Resume" may become unavailable on certain recordings.
C. Network Connections and Outages: The DVR service is available only with a working network connection. From time to time, certain network issues may prevent Subscriber from recording and/or accessing recordings. Subscriber understands and agrees that climate, weather, and other factors beyond Altice's control may cause Optimum TV outages temporarily affecting DVR service functionality.
D. Cable Box Conversions: Subscriber understands and agrees that Altice offers different cable boxes and that recordings made in one format on one type of cable box may not play back on another type of cable box.
For additional information about DVR features and functionalities, please visit our FAQ at: http://optimum.custhelp.com/app/answers/detail/a_id/2580.
5. Altice's Rights:
A. Altice has no obligation to monitor content or services accessible with the Altice cable system, the digital cable box or Altice One Equipment. However, Subscriber agrees that Altice may monitor content electronically from time to time and to disclose any information as necessary to satisfy any law or regulation, to operate its programming and data information services properly, or to protect itself or its Subscribers.
B. Altice may determine in its sole discretion what constitutes an
"inappropriate" or "commercial use" of Altice's systems, Equipment, and
6. Additional Features, Functionality and Tools: Altice
may occasionally offer additional service features, functionality and
tools, such as Optimum App, Altice One App,
Optimum TV to GO, Multi-Room DVR, Web DVR or
introduce tiers of service for existing features, such as MR-DVR storage
tiers. These features, functions, tools, and tiers of service may be
at any time by Altice.
A. Notwithstanding anything to the contrary herein, the Optimum TV Service, including but not limited to all programming, program services, program packages, number of channels, channel allocations, broadcast channels, interactive services, data offerings and other services are subject to change under applicable law. Altice shall not be liable for any failure or interruption of program transmissions or service resulting in part or entirely from circumstances beyond Altice's reasonable control. Subscriber agrees that it has no right to receive, and Altice has no obligation to provide, any particular programming service or channel as part of Altice's Optimum TV Service and that Subscriber is not entering into this agreement or purchasing Altice's Optimum TV Service in reliance on an expectation or promise (explicit or implicit) that any particular programming service or set of programming services shall be included as part of Altice's Optimum TV Service.
B. Notwithstanding anything to the contrary herein, and to avoid doubt, in
the event particular programming becomes unavailable, either on a temporary
or permanent basis, due to a dispute between Altice and a third party
programmer, Altice shall not be liable for compensation, damages (including
compensatory, direct, indirect, incidental, special, punitive or
consequential losses or damages), credits or refunds of fees for the
missing or omitted programming. Subscriber's sole recourse in such an event
shall be cancellation of the Service in accordance with the Terms of
Service. This paragraph shall not apply to programming to which a
Subscriber subscribes on an a la carte basis (i.e. channels not part of a
package or tier); provided, however, in that event Subscriber shall only be
entitled to a pro rata credit of amounts pre-paid for the specific
programming to which Subscriber subscribes on an a la carte basis.
8. Additional Disclaimer: Programming information is
passed onto Altice from the programmers and is provided to you AS IS.
Altice does not guarantee the accuracy of any programming title, run time
or other related programming information. Altice does not guarantee
Subscriber's access to or ability to record any particular programming or
the time that any particular program remains available for viewing or
9. Parental Control: A Parental Control feature is
available, if you want to keep children from watching certain programming.
You can place channels under Parental Control by blocking out channel
number, and/or, on the digital cable box or Altice One, by program rating.
Please check the manual provided with your Service for instructions on how
to implement and monitor the Parental Control features. Should you
deactivate the Parental Control feature, even for one channel or event,
this will deactivate the Parental Control feature for all other channels
previously locked out. You will then have to reactivate the Parental
Control to again block out the desired channels. It is recommended that you
occasionally verify that your Parental Control feature is activated and
10. Spending Controls: Spending Controls, which allow you
to control purchasing Pay Per View or On Demand movies and events, are
available to assure authorized use and ordering of these services, either
with a Purchase PIN for ordering through your telephone or the digital
cable box or Altice One. In some areas, you may be required to pre-select a
Purchase PIN. Please check the manual provided with your service for
instructions on how to implement and monitor the Spending Control features.
Failure to utilize these features may allow someone to order Pay Per View
or On Demand services from your residence without your knowledge. Should
this occur, the account holder will remain legally and financially
responsible for all charges. Also, should you deactivate these features on
the cable box or Altice One Equipment even for one channel or event, this
will remove the Purchase PIN security for all Pay Per View services. You
must reprogram the features if you wish to control the ordering of the Pay
Per View services. It is recommended that you occasionally verify that your
Spending Control features are activated and operational.
11. Prohibited Uses and Activities: The Subscriber shall not use Altice's Equipment, or the Services for illegal or inappropriate activities or otherwise engage in any illegal or inappropriate activities in their course of dealings with Altice, including but not limited to:
A. invading another person's privacy; unlawfully using, possessing, posting, transmitting or disseminating obscene, profane or pornographic material; posting, transmitting, distributing or disseminating content which is unlawful, threatening, abusive, harassing, libelous, slanderous, defamatory or otherwise offensive or objectionable;
B. redistributing or retransmitting the Optimum TV Service, or any portion thereof, or transmitting or distributing the Optimum TV Service, or any portion thereof, to persons outside the service location on your account;
C. modifying, disrupting or tampering with Altice's Equipment, including but not limited to, tampering with the seal on the digital cable box, Altice One Equipment, the access card or any of Altice's services;
D. connecting or attaching equipment to the Service with the intended purpose to distribute the service in an unauthorized manner;
E. restricting, inhibiting or otherwise interfering with the ability of any other person to use or enjoy the Optimum TV Service, any other Altice Service, or the Internet.
F. reselling Altice service or services;
G. conducting a pyramid or other illegal soliciting scheme;
H. impersonating any person or entity or forging anyone else's digital or manual signature; or
I. harassing, threatening, or otherwise verbally abusing Altice employees or its agents.
Engaging in one or more of these activities may cause termination of this Agreement by Altice. This section shall not limit Altice's rights of termination under any other provision of this Agreement.
12. License Requirements: Subscriber agrees to comply with
all end user license requirements relative to the Services which Subscriber
accesses under this Agreement. Subscriber may not decompile, reverse
engineer, disassemble, modify, create derivative works of, or derive any
source code from the Services, or any portion thereof including Altice
software or third party software provided through or in the Service. You
agree not to remove, alter, or obscure any product identification,
proprietary, copyright, or other intellectual property notices contained or
embedded within or on the Service.
13. Additional Limitation of Liability: Any information
sent by the Subscriber utilizing the functions of Altice's Equipment is
sent at the Subscriber's sole risk, and Altice shall have no liability for
any claims, losses, actions, damages, suits or proceedings arising out of
or otherwise relating to such actions by the Subscriber. Without limitation
of the foregoing, Subscriber agrees that Altice shall not be liable for any
use of Subscriber's information provided to third parties in Subscriber's
use of Optimum Select or other third party services or functions available
through the Service. Altice shall not be liable or responsible for any
errors, losses, or interruptions in connection with Subscriber's use of the
Service, and any features or functionalities thereof, including but not
limited to intermittent service, erroneous deletions, failed or misdirected
recordings, and inability to schedule recordings.
A. You are responsible for any misuse of Altice's Equipment, the Services, or any third party services you have contracted for, even if the inappropriate activity was committed by a friend, family member, guest, employee or Subscriber with access to your account. Therefore, you must try to ensure that others do not gain unauthorized access to Altice's Equipment, Services or third party services. For example, you must secure any wireless home network used in the Service by requiring passwords or similar means of restricting access to such network.
B. You agree to maintain the security and confidentiality of any Optimum usernames and passwords or similar credentials that enable you to access the Services. You further agree not to disclose such credentials to any third party. Without limitation of the foregoing, you agree that you shall not disclose such credentials to third parties to enable them to access the Services or programming that may be made available to you outside the home through TV Everywhere arrangements.
C. The Equipment, Services or third party services may not be used to
breach the security of another user or to gain access to any other person's
computer, software or data, without the knowledge and consent of such
person. They also may not be used in any attempt to circumvent the user
authentication or security of any host, network, or account. Use or
distribution of tools designed for compromising security is prohibited.
15. Closed Captioning: Information regarding closed
captioning issues is available by clicking here.
16. Acceptable Use Policy: Use of the Service is also governed by Altice's Acceptable Use Policy.
Effective September 28, 2018