Additional Terms of Service for Optimum Online Residential

Services: The Optimum Internet Service is an electronic two way online information and communication service delivered over Optimum’s system and accessed via a modem/gateway to a computer or other electronic device (e.g., tablet, smartphone, router) that includes networking equipment and is capable of storing, receiving and processing data (each, a “Computer”). The Optimum Internet Service provides Internet access, as well as access to certain ancillary features of the Optimum Internet Service and other proprietary products of Optimum, including but not limited to, Optimum WiFi, Optimum TV Services, Optimum Phone, Optimum IP Trunking, and Optimum On Demand Services unless otherwise noted.

Optimum WiFi Passpoint and Optimum WiFi (collectively, the “Community WiFi Networks”) are WiFi internet access networks made available to Subscribers of Optimum Internet. Optimum also has roaming third party partners (each, a “WiFi Network Partner”) who may provide access to their WiFi networks to Optimum Internet Subscribers. Subscriber agrees that Subscriber’s use of a WiFi Network Partners' network will be subject to that WiFi Network Partner's terms and conditions of use (including their acceptable use policy), which are incorporated herein by this reference, as well as the Terms of Service, including these Internet Terms. WiFi Network Partners are Third Party Providers as defined in the Terms of Service.

Contact Address: For any inquiries or notices required in connection with this Agreement, Subscriber shall contact Optimum by writing to:

Optimum
1111 Stewart Avenue
Bethpage, New York 11714
or by calling Optimum at: (516)390-9018

1. Optimum has no obligation to monitor Optimum Internet Service content. However, Subscriber acknowledges and agrees that Optimum has the right to monitor all content transmitted through the Service and from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate Optimum Internet Service properly, including, but not limited to, monitoring of a Subscriber's access to certain content provided by Optimum and/or Third Party Providers, or to protect itself, its Subscribers, Third Party Providers or the public.
2. In addition to content, Optimum automatically measures and monitors the performance of the Optimum Internet Services as well as the performance of Subscriber's connection and access to the Optimum Internet Services. Subscriber consents to Optimum's access, collection and maintenance of information about Subscriber's use of the Services, Subscriber's Equipment and Optimum's Equipment and Software including but not limited to type, profile and settings. Subscriber further consents to Optimum's monitoring, adjustment and recording of such information for the purpose of providing the Optimum Internet Services. Subscriber further agrees that by using the Optimum Internet Services, Optimum, or our authorized agents and equipment manufacturers, are authorized to send code updates to the Subscriber Equipment, including, but not limited to, modems, routers and digital interactive televisions with CableCARDs, at any time Optimum determines it is necessary to do so. Such code updates may change, add or remove features or functionality of the Subscriber Equipment or the Optimum Internet Services.
3. Third Party Providers may monitor Subscriber activity. When using a product, service, software or application provided by a Third Party Provider, Subscriber is responsible for reviewing any terms of service or similar agreement as posted on the Third Party Provider website which, to the extent not inconsistent with the provisions of this Agreement, shall bind the Subscriber. In the event of a conflict between this Agreement and any Third Party Provider terms of service, acceptable use policy or any other agreements or restrictions, the provisions of this Agreement shall govern.

1. The Optimum Internet Service utilizes a network that will allow bi-directional direct access to the internet, i.e. Subscribers can directly access and respond to direct requests from internet users outside the Optimum Internet Service network. The Network is not intended to protect Subscribers from hackers, computer viruses or malicious codes gaining access to their Computer and Subscribers should not rely on it to provide such functions. Optimum and Third Party Providers shall have no liability for any claims, losses, actions, damages, suits or proceedings resulting from, arising out of or otherwise relating to damage to the Subscriber or the Subscriber's Computer resulting from the actions of any other third party including, without limitation, downloaded software, hackers or computer viruses regardless of delivery method for example, but not limited to delivery by email, instant messenger, chat, newsgroups, disc, CD, or DVD.
2. Optimum Internet Network Speeds. Subscriber acknowledges and agrees that actual Internet speeds that are experienced at any time will vary based on a number of factors, including the capabilities of Subscriber’s computer equipment, Internet congestion, the performance of network servers and routers, the technical properties of websites visited, environmental factors, the content and applications accessed, the condition of any lines between these two points, and any network management tools and techniques employed by Optimum.

1. Optimum does not guarantee continuous, uninterrupted or secure access to the internet. Optimum does not warrant that service will be available on a specified date or time or that the network will have the capacity to meet your demand during specific hours. Further, Optimum does not guarantee or warrant any particular speed of connection. In addition, Optimum expressly disclaims any and all liability arising from or relating to any failure to provide adequate bandwidth to any Subscriber. Access to the network cannot be guaranteed; you may be unable to access the network at any time; your access to the network or to network bandwidth may be limited during times of near congestion or otherwise; and disconnections from the network may occur from time to time. Access to the internet using Optimum WiFi shall be further subject to the Optimum WiFi Terms of Use for Subscribers. In no event shall Optimum have any liability arising from the reliability, ability or inability to connect to the internet, or any other claim, loss, expense, fee or damage arising directly or indirectly from Subscriber's use of Optimum WiFi or any component thereof.
2. Subscriber understands and agrees that these terms and conditions, including but not limited to the Acceptable Use Policy, govern any dispute between Subscriber and a WiFi Network Partner. Subscriber further understands and agrees that any such dispute with a WiFi Network Partner shall be subject to and governed by Section 24 of the Terms of Service (Arbitration).

1. Additional Restrictions: In addition to the prohibitions outlined in the Acceptable Use Policy, the following restrictions apply:
2. Optimum Advantage Internet and Speed Tiers Optimum 25 and Below:
   1. Users may not run any type of server on the system. This includes but is not limited to FTP, IRC, SMTP, POP, HTTP, SOCKS, SQUID, DNS or any multi-user forums;
   2. Users may not register or point a domain, sub-domain, or hostname to any Optimum Online IP address. Users may not have traffic redirected to the Optimum Online Service;
   3. Users may not resell, share, or otherwise distribute the Service or any portion thereof to any third party without the written consent of Altice. For example, Subscriber may not provide Internet access to others through Optimum WiFi, a dial up connection, wireless access or host shell accounts over the Internet, provide email or news service, or send a news feed.
   4. Users may not copy, distribute or sublicense any software provided by Altice, except that Subscriber may make one copy of each software program for back up or archival purposes only;
3. Speed Tiers Optimum 60 and Above:
   1. Users may not run any servers except for a webserver (HTTP) and mail (SMTP) on the system. This includes but is not limited to FTP, IRC, POP, SOCKS, SQUID, DNS or any multi-user forums.
   2. Users who opt to run a webserver must do so on port 80 only. Webservers running on any other port will be deemed a violation of these terms.
   3. Similarly, users who opt to run a mailserver (SMTP) must do so on port 25 only. Mailservers running on any other port will be deemed a violation of these terms.
   4. Users opting to run web or mail servers are expected to secure those services and maintain the security of those services on an ongoing basis. Mailservers are to be configured against open relay and third party exploitation.
   5. Users may not resell, share, or otherwise distribute the Service or any portion thereof to any third party without the written consent of Altice. For example, Subscriber may not provide Internet access to others through Optimum WiFi, a dial up connection, wireless access or host shell accounts over the Internet, provide email or news service, or send a news feed.
   6. Users may not copy, distribute or sublicense any software provided by Altice, except that Subscriber may make one copy of each software program for back up or archival purposes only.

1. Eavesdropping: Any information sent by the Subscriber using the Optimum Internet Service is sent at the Subscriber's sole risk, and Optimum 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, including if such actions result in the ability of a third party or individual to eavesdrop on or access such transmitted information.
2. Multiple Computer Connections: When Subscriber's Computer is connected to a modem, it constitutes a "local" segment. All Subscriber's Ethernet traffic on this local segment will be reflected by the modem in an unencrypted form onto the network and be subject to eavesdropping, as described in subsection A above.
3. File and Print Sharing: Subscriber understands that users outside the Subscriber's authorized service location may be able to access Subscriber's Computer. Further, some software includes capabilities that permit other users across a network such as Optimum Internet and the Internet to gain access to the Subscriber's Computer and to the software, files and data stored on the Computer. Subscriber acknowledges, understands and accepts full risk that when using the Computer to access files through means such as FTP (File Transfer Protocol) and HTTP (Hyper Text Transfer Protocol), Subscriber may open access to Subscriber's computer to other Optimum Internet users and Internet users. If Subscriber chooses to make use of such applications for file retrieval, Subscriber should take the appropriate security measures. Any Subscriber who, chooses to participate in the Optimum Internet Service using other than a single, stand-alone Computer connected to the local segment, if and when this capability is offered or chooses to enable capabilities such as file sharing, print sharing or other capabilities that allows users to gain access to Subscriber's Computer, acknowledges and agrees that the Subscriber does so at the Subscriber's own risk.

Inappropriate Content: There may be content on the internet or otherwise available through the Optimum Internet Service which may be offensive to some individuals, or which may not comply with all local laws, regulations and other rules. For example, it is possible to obtain access to content that is pornographic or offensive, particularly for children. Neither Optimum nor any Third Party Providers can assume any responsibility for the content on the internet or otherwise available through the Services. Subscriber must assume the risk of accessing content through the Service, and neither Optimum nor any Third Party Providers shall have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may want to use a program capable of restricting access to sexually explicit or other material on the internet. Content questions or complaints should be addressed to the content provider.

Subscriber is solely responsible for any information that Subscriber publishes or otherwise distributes using the Services, on the web or on other Internet services. Subscriber must ensure that the recipient of the content is appropriate. For example, Subscriber must take precautions to prevent minors from receiving inappropriate content. Optimum and any Third Party Providers reserve the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.

By using the Optimum Internet Service to publish, transmit or distribute content, a Subscriber is warranting that the content complies with this Agreement and authorizes Optimum and all Third Party Providers to reproduce, publish, distribute, and display such content worldwide.

Subscriber also agrees not to store, distribute or otherwise disseminate any material or content over the Optimum Internet Service that infringes third party intellectual property rights, including but not limited to copyrights. Optimum reserves the right to take action at its own discretion and as required by the Digital Millenium Copyright Act, any other applicable laws, rules or regulations, or court order including but not limited to termination of a Subscriber's access to the Optimum Internet Service. Alleged infringements will be handled under Optimum's Copyright Infringement Policy.

1. Users must adhere to the Optimum Internet email policies set forth in to the Acceptable Use Policy.

   The following additional restrictions apply: Users may not send bulk-marketing emails, advertisements, or similar commercial email through the Optimum Internet mail system. Subscribers must send email of that nature through a mail server on their local system or through a third party service. All mail sent through the Services must comply with Optimum's Acceptable Use Policy. Subscribers shall be responsible for compliance with all federal, state and local laws pertaining to commercial email, including CAN-SPAM. Bulk emails consistent with CAN-SPAM may still violate this policy if they consume excessive bandwidth or mail server resources. Any violation of this policy can cause termination of the Subscriber's account.

   Users should know some networks refuse to accept mail from dynamically assigned IP address blocks. Optimum makes no warranty or guarantee that third party networks will accept the User's mail nor is Optimum responsible for ensuring continued acceptance of email by third party networks.

2. Optimum may, at its discretion, provide, offer for sale or subscription, or otherwise provide to Subscribers software or services for email filtering, anti-virus scanning, and other email security solutions for the convenience of Subscribers. Optimum shall not be responsible for nor have any liability regarding the email that Users receive, nor for any lost or filtered email, nor for any failure to prevent virus delivery or infection.
3. Subscriber agrees that Subscriber has been informed that Optimum Internet service includes a filter that blocks, rejects, removes or otherwise diverts commercial mass mailings or other unsolicited bulk email ("spam") from User's inbox. In connection with such filtering, Optimum may utilize reputation services consistent with industry practices to identify and filter spam. Subscriber may opt out of certain aspects of this filtering service. Subscriber agrees that Optimum shall have no liability for any such filtering activity.
4. Optimum is not responsible for forwarding email sent to any account suspended or terminated. Such email will be returned to sender, ignored, deleted, or stored temporarily at Optimum's sole discretion. Optimum reserves the right to reclaim any email addresses from Subscribers whose service has been cancelled or terminated, regardless of the reason for such cancellation or termination.
5. Subscriber understands and agrees to the storage and retention limitations for email as outlined in Section 21.

Violation of Acceptable Use Policy/this Agreement: Optimum does not routinely monitor the activity of accounts for violation of these Internet Terms or the Acceptable Use Policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we learn of inappropriate use of our Optimum Internet Service. Neither Optimum nor any of its distribution affiliates has any obligation to monitor transmissions made on the Optimum Internet Service or the Services. However, Optimum and its distribution affiliates have the right to monitor such transmissions from time to time and to disclose the same in accordance with the Terms of Service.

You hereby authorize Optimum and its distribution affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce this Agreement. Such cooperation may include Optimum providing the username, IP address, or other identifying information about a Subscriber.

Upon termination of an account, Optimum may delete any files, programs, data, and email messages associated with such account. The failure of Optimum or its distribution affiliates to enforce this Agreement shall not be construed as a waiver of any right to do so.

1. Subscriber agrees to comply with Optimum's bandwidth, data storage and other limitations of the Optimum Internet Service as established and modified by Optimum from time to time. Subscriber agrees that its activity will not improperly restrict, inhibit or degrade any other Subscriber's use of Optimum Internet Service, nor represent (in the sole judgment of Optimum) an unusually large burden on the network itself. In addition, Subscriber agrees that its activity will not improperly restrict, inhibit, disrupt, degrade or impede Optimum's ability to deliver and monitor Optimum Internet Service, backbone, network nodes, and/or other network services. Optimum reserves the right to, in its sole discretion, employ any technology or implement any process to manage, shape, and/or optimize traffic on its network and to ensure compliance with Optimum's Acceptable Use Policy. Information regarding Optimum's network management practices may be found in Optimum's Open Internet Disclosure Statement.
2. Optimum no longer offers the ability for new and existing Subscribers to create new Optimum email accounts. All email accounts are limited to 5 gigabytes of storage space each, all subject to the then-current retention schedule based on message folder when such email account is active and the email account storage limitations described in Section 22(E) below.
3. An email account is deemed active if: (1) Subscriber logs in to the Optimum website and navigates to the Optimum Internet email inbox, or opens or sends an email message within 90 days of your last email activity; (2) auto-forwarding of your Optimum Internet email is active within the prior 90 days; or (3) Subscriber logs in to their Optimum Internet email account through an email client within 90 days of your last login. If the foregoing activity is not found, the email account is deemed inactive, and all email content in the account is subject to deletion. Any inactive email account and the email contents therein are permanently deleted and unrecoverable from Optimum's servers. Optimum reserves the right to modify, delete, or otherwise correct any accounts that exceed either limitation as well as the right to modify any related retention periods.
4. To preserve email you do not want to be deleted, you can set your email account to ensure that your email is automatically stored on your computer's hard drive when you open it. Please check the Help section or the FAQ on your email client (e.g., Outlook, Gmail, Apple Mail) to find out how this can be done. Optimum shall have no liability for erroneously deleted messages.
5. Email Account Storage Limitations: Subscriber understands and agrees that Optimum Internet email accounts will no longer accept new email once the email account has reached its storage limitation of 5 gigabytes. All new email received after an email account has reached its storage limitations will be returned to sender.

1. Optimum does not represent, warrant, or covenant that installation modifications, including installing network cards or similar computer equipment, and modification of computer files such as INI, BAT, SYS, .DLL and other system configuration files will not disrupt the normal operations of the Subscriber's Computer. Optimum shall have no liability for any damage resulting from the above or other file modifications.
2. Upon Subscriber's request, Optimum or its agents will install certain software, an extra cable outlet (if necessary), a modem and associated equipment. Optimum will also provide a user's manual and instructions on how to use Optimum Internet Service. If installed by Optimum, Optimum shall use reasonable efforts to install the Optimum Internet Service to a fully operational status.
3. All installation services performed by Optimum shall be subject to Optimum's applicable service charges, if any.

1. Services Provided: On Demand Services are available to Optimum Internet Residential Subscribers. Certain content may be available to all Subscribers while other content may be limited to those Subscribers who simultaneously purchase the companion Subscription Video on Demand ("SVOD") service on Optimum TV. Availability of particular services, catalogs and titles may vary from time to time at the sole discretion of Optimum. Not all Optimum TV SVOD services may have a companion service available as part of the On Demand Services. The availability of content may change without notice from time to time. The On Demand Service may allow Residential Subscribers to download new release films, original programming and archived movies and programming to their computers. Once downloaded, the content may be viewed within the availability window for the rental period (generally 24 hours). Content will expire according to the content availability window provided by the content owner. Subscribers can rewind, fast forward and pause programs and movies.
2. Service Fees: Monthly fees for the availability of On Demand Services may be imposed depending on the catalogs to which access is desired, the level of Optimum TV and/or Optimum Internet Service purchased or the purchase of specific Optimum TV service (e.g., companion SVOD service). Subscribers may incur separate additional charges for each title downloaded. Specific charges, if any, will be listed on the Optimum Internet Website and may change from time to time. Such charges will be identified at the point of the download of such content. Any monthly or per title charges, including fees, taxes and surcharges, if any, will be added to Subscriber's monthly Optimum bill.