Subscriber understands and agrees that these additional Terms of Service for Optimum Online for Business ("Additional OOL Business Terms") are incorporated into and made a part of the General Terms and Conditions of Service (Business) ("General Terms") and apply to the Optimum Online Services provided to Subscriber by CSC Holdings, LLC, and its affiliates and subsidiaries authorized to provide the services set forth herein (collectively, "Altice") and described more fully in Section 1 below. Subscriber further understands and agrees that these Additional OOL Terms also incorporate and include the Optimum WiFi Terms of Use for Subscribers, Acceptable Use Policy, Open Internet Disclosure Statement, Copyright Infringement Policy and the Customer Privacy Notice, as they may be changed from time to time.
Subscriber's use of the Optimum Online Service(s) shall be deemed acknowledgment that Subscriber has read and agreed to these Terms of Service, including these Additional OOL Business Terms. Any user who does not agree to be bound by the Terms of Service, including these Additional OOL Business Terms should immediately stop their use of the Optimum Online Service and notify the Altice Customer Service Department to terminate the account. This is a legal document.
1. Services: The "Optimum Online Service" (or "Service") is an electronic two way online information and communication service delivered over Altice's cable 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 Online Service provides Internet access, as well as access to certain ancillary features of the Optimum Online Service and other proprietary products of Altice, including but not limited to, Optimum WiFi and Optimum Voice, unless otherwise noted. Certain tiers of Optimum Online Service may provide advanced features, such as Dynamic DNS (a service that maps Internet domain name to changing IP addresses), Static IP and/or other features that may be provided or made available for purchase by authorized Third Party Providers.
Optimum WiFi is WiFi internet access made available to Subscribers of Optimum Online. Altice also has roaming third party partners (each, a "WiFi Network Partner") who may provide access to their WiFi networks to Optimum Online 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 Additional OOL Business Terms. WiFi Network Partners are Third Party Providers as defined in the Terms of Service.
2. Device and System Requirements: Subscriber acknowledges and agrees that it has internet-capable Computers with the minimum system requirements necessary to operate the applicable level of Business Optimum Online Service, as outlined in the informational literature provided by Altice. Click here for a description of minimum system requirements and recommended system configurations/settings.
3. Relocating Equipment: Altice's system is highly sophisticated and sensitive. Any "break" in the integrity of the cable system will subject the system to "ingress" of radio signals, which will disrupt your service and may affect that of others. Cable modems and gateways are not "portable" and are not permitted to operate at any location other than the address that appears on the Subscriber's account. Subscriber agrees that Subscriber will not relocate, move or in any way tamper with or relocate the Optimum Online Service. Notwithstanding the foregoing, upon receipt of a request by Subscriber, Altice shall relocate the Optimum Online Service for Subscriber within Subscriber's home at a time mutually agreed to by Altice and Subscriber. If the Subscriber moves residences outside of Altice's service area, Subscriber shall notify Altice pursuant to Section 4 below that this Agreement shall be terminated. Subscriber may incur a charge for such relocation and should consult a current Optimum Online schedule of rates and charges prior to requesting such relocation.
4. Contact Address: For any inquiries or notices required in connection with this Agreement, Subscriber shall contact Altice by writing to:
Optimum Online
1111 Stewart Avenue
Bethpage, New York 11714
or by calling Optimum Online at: (866)575-8000.
5. Altice's Rights and Network Monitoring:
a. Altice has no obligation to monitor Optimum Online Service content. However, Subscriber acknowledges and agrees that Altice has the right to monitor all content transmitted through the Service from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate Optimum Online Service properly, including, but not limited to, monitoring of a Subscriber's access to certain content provided by Altice and/or Third Party Providers, or to protect itself, its Subscribers, Third Party Providers or the public.
b. In addition to content, Altice automatically measures and monitors the performance of the Optimum Online Services as well as the performance of Subscriber's connection and access to the Optimum Online Services. Subscriber consents to Altice's access, collection and maintenance of information about Subscriber's use of the Services, Subscriber's equipment and Altice's Equipment and Software including but not limited to type, profile and settings. Subscriber further consents to Altice's monitoring, adjustment and recording of such information for the purpose of providing the Optimum Online Services.
c. 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.
6. Change In Optimum Online Service: The Optimum Online Service provided under this Agreement is subject to change under applicable law.
7. Optimum Online Network: The Optimum Online 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 Online 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. Altice 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.
8. Additional Limitation of Liability:
A. Altice does not guarantee continuous, uninterrupted or secure access to the internet. Altice 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, Altice does not guarantee or warrant any particular speed of connection. In addition, Altice 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 Altice 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.
B. 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 26 of the Terms of Service (Arbitration).
9. Multiple Users: Subscriber acknowledges that by using the Optimum Online Service, Subscriber is agreeing to the terms of this Agreement on behalf of all Users of the Optimum Online Service or other Services through Subscriber's Computers or other devices. Subscriber shall ensure that all Users understand and comply with the terms and conditions of this Agreement. Subscriber acknowledges and agrees that the Subscriber is responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach results from use of the Optimum Online Service or other Services.
10. Acceptable Use Policy: Subscriber shall comply with all of Altice's standards for acceptable use with respect to the Optimum Online Service and other Services and shall refrain from any illegal and/or inappropriate activities, including without limitation as outlined in the Acceptable Use Policy. The Acceptable Use Policy will be updated from time to time and the latest version will supersede all prior versions. Please click here for the most updated Acceptable Use Policy.
11. Additional Restrictions: In addition to the prohibitions outlined in the Acceptable Use Policy, the following restrictions apply:
A. Business Optimum 25 Speed Tier:
i. 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;
ii. 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;
iii. 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; and
iv. Users may not make the Service available outside of its service location; and
v. 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.
B. Speed Tiers Business Optimum 50 and Above:
i. Users may not run any servers except for a webserver (HTTP) and mail (SMTP) on the system. 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.
ii. 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.
iii. Users opting to run web or mail servers are expected to secure those services in a manner that does not violate the Acceptable Use Policy and maintains the security of those services on an ongoing basis. Mail servers are to be configured to deny open relay and third party exploitation.
iv. 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; and
v. Users may not make the Service available outside of its service location; and
vi. 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.
C. Optimum Online Static IP Service: Blocks of one, five, thirteen, or twenty-nine usable static IP addresses are available to Subscribers on certain speed tiers at or above Business Optimum 50. Only one instance of Static IP Service is allowed per account and per service location. Static IP addresses may be assigned to a Subscriber's device to be its fixed address on the Internet. The static IP addresses are the property of Altice and are non-portable. Altice reserves the right to renumber or reassign the Subscriber's static IP address in the event that Altice needs to make network changes. Altice will give the Subscriber as much advanced notice as possible of the IP address change. If a Subscriber moves, their static IP addresses may change, depending upon the service area. Due to the configuration of currently available equipment, use of the Static IP Service may impact the achievement of downstream speeds available with other Optimum Online Services.
i. Static IP addresses are intended for use with a single device or network of devices supporting Internet applications. The Service may not be used in a manner that is inconsistent with these expected uses. Optimum Online is not responsible for providing assistance in the configuration of a local area network with your Optimum Online Static IP Service.
ii. Users opting to run web or mail servers are expected to secure those services in a manner that does not violate the Acceptable Use Policy and maintains the security of those services on an ongoing basis. Mail servers are to be configured to deny open relay and third party exploitation.
iii. Use of port 8080, 1080, 3128 and 6588 must ensure that the services running over these ports are secured and do not violate the Acceptable Use Policy and maintain the security of those services on an ongoing basis.
iv. 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; and
v. 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.
12. End User Licenses: Subscriber agrees to comply with the terms of all end user license agreements relative the Optimum Online Services, the other Services and any service provided by a Third Party Provider which Subscriber accesses under this Agreement. All such agreements are incorporated in this Agreement by reference. Title and intellectual property rights to the services are owned by Altice or any Third Party Provider of service or products, or otherwise by the owners of such material and are protected by copyright laws and treaties. The reverse engineering of software, copying, distribution, reselling or publication of any part of the Optimum Online Service, the Services or any service provide by a Third-Party Provider without the written consent of Altice, an applicable third-party provider of service or products, and/or other owner of such material is prohibited.
13. Backup Requirements: Subscriber agrees to back up all existing computer files by compiling them to another storage medium prior to installation of the Equipment. Altice shall have no liability for any damage to or loss or destruction of any of Subscriber's software, files, data, or peripherals.
14. Viruses: Altice reserves the right to run virus checks or provide Subscribers with access to virus check software. Subscriber agrees that Altice provides such technology "as is" or "as available" and agrees that Altice does not represent, warrant or covenant that the virus check software will detect or correct any viruses.
15. Altice shall not be liable for:
A. Eavesdropping: Any information sent by the Subscriber using the Optimum Online Service 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, including if such actions result in the ability of a third party or individual to eavesdrop on or access such transmitted information.
B. Multiple Computer Connections: When Subscriber's Computer is connected to a cable modem, it constitutes a "local" segment. All Subscriber's Ethernet traffic on this local segment will be reflected by the cable modem in an unencrypted form onto the cable network and be subject to eavesdropping, as previously described in subsection A above.
C. 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 Online 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 Online 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 Online 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.
16. Security: Users must adhere to the Optimum Online security policies in the Acceptable Use Policy. Altice reserves the right to protect the integrity of its network and resources by any means it deems appropriate. This includes but is not limited to: monitoring traffic, port blocking, email virus scanning, denying email from certain domains, denying access to malicious domains, and putting limits on bandwidth and email. Subscriber is solely responsible for any misuse of the Optimum Online Service or other Services and for the security of any device you connect to the Optimum Online Service, including any data stored on that device, all as detailed more fully in the Acceptable Use Policy. Subscriber is solely responsible for maintaining the security of Subscriber's computer(s), devices and data, including without limitation, encryption of data and protection of Subscriber's Optimum ID, password and personal and other data. If Subscriber believes his/her login credentials have been lost or stolen, or that someone has gained access to his/her account or login credentials without Subscriber's permission, please contact us at abuse@cv.net.
17. Inappropriate Content: There may be content on the internet or otherwise available through the Optimum Online 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 Altice 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 Altice 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. 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. Altice 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 Online Service to publish, transmit or distribute content, a Subscriber is warranting that the content complies with this Agreement and authorizes Altice 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 Online Service that infringes third party intellectual property rights, including but not limited to copyrights. Altice reserves the right to take action at its own discretion and as required by the Digital Millennium 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 Online Service. Alleged infringements will be handled under the Altice Copyright Infringement Policy.
18. Electronic Mail: Users must adhere to the Optimum Online email policies set forth in to the Acceptable Use Policy. The following additional restrictions apply to Subscribers on speed tiers Business Optimum 50 and above:
A. Users may not send bulk marketing emails, advertisements, or similar commercial email through the Optimum Online 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 Altice'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. Altice makes no warranty or guarantee that third party networks will accept the User's mail nor is Altice responsible for ensuring continued acceptance of email by third party networks.
B. Altice 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. Altice 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.
C. Subscriber agrees that Subscriber has been informed that Optimum Online 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, Altice 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 Altice shall have not liability for any such filtering activity.
D. Altice 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 Altice's sole discretion. Altice 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.
E. Subscriber understands and agrees to the storage and retention limitations for email as outlined in Section 22.
19. Newsgroups and Internet Relay Chat: See Acceptable Use Policy.
20. Watermarking: Subscriber understands and agrees that Altice may use "watermarking" techniques to message you about your account, Optimum services or for other communication purposes while using the Optimum Online Service. These "watermarks" may appear superimposed from time to time over portions of website pages you visit while using the Optimum Online Service, however, you understand and agree that this in no way indicates Altice's approval of or responsibility for the content of such websites, which are solely the responsibility of the website operators and/or content providers. You further agree that you will not seek to hold Altice responsible for any third party website content or operating any third party website accessed via the Optimum Online Service, or for the appearance of an Optimum "watermark" over a portion of any website.
21. Violation of Acceptable Use Policy/This Agreement: Altice does not routinely monitor the activity of accounts for violation of these Additional OOL Business 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 Online Service.
Neither Altice nor any of its distribution affiliates has any obligation to monitor transmissions made on the Optimum Online Service or the Services. However, Altice 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 Altice 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 Altice providing the username, IP address, or other identifying information about a subscriber.
Upon termination of an account, Altice may delete any files, programs, data, and email messages associated with such account. The failure of Altice or its distribution affiliates to enforce this Agreement shall not be construed as a waiver of any right to do so.
22. Bandwidth, Data Storage and Other Limitations:
A. Subscriber agrees to comply with Altice's bandwidth, data storage and other limitations of the Optimum Online Service as established and modified by Altice from time to time. Subscriber agrees that its activity will not improperly restrict, inhibit or degrade any other Subscriber's use of Optimum Online Service, nor represent (in the sole judgment of Altice) an unusually large burden on the network itself. In addition, Subscriber agrees that its activity will not improperly restrict, inhibit, disrupt, degrade or impede Altice's ability to deliver and monitor Optimum Online Service, backbone, network nodes, and/or other network services. Altice 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 Altice's Acceptable Use Policy, including but not limited to allocating a fixed maximum amount of bandwidth for the peer-to-peer upload of Subscriber files, especially during peak periods; detecting and rejecting spam, viruses or other malicious code; allocating a fixed maximum amount of bandwidth to the Subscribers in each service tier who consume disproportionate amounts of bandwidth for limited time periods; using industry-standard subscriber traffic management technology to temporarily manage upstream and downstream traffic during times of peak congestion; and any other network management technique(s) that Altice deems appropriate. Additional information regarding Altice's network management practices may be found in. Altice's Open Internet Disclosure Statement.
B. Business Optimum 25 provides up to 5 email accounts limited to 2 gigabytes of storage space each, Business Optimum 50, 60, 100 and 150 provide up to 15 email accounts limited to 5 gigabytes of storage space each, Business Optimum 250 and 300 provides up to 20 email accounts limited to 5 gigabytes of storage space each, and Business Optimum 350, 450 and above provide up to 25 email accounts 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.
C. An email account is deemed active if: (1) Subscriber logs in to the Optimum Business website and navigates to the Optimum Online email inbox, or opens or sends an email message within 90 days of your last email activity; (2) auto-forwarding of your Optimum Online email is active within the prior 90 days; or (3) Subscriber logs in to their Optimum Online 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 are permanently deleted and unrecoverable from Altice's servers. Optimum Online 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.
D. To preserve email you do not want 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 Express, Eudora) to find out how this can be done. Altice shall have no liability for erroneously deleted messages.
E. Email Account Storage Limitations: Subscriber understands and agrees that Optimum Online email accounts will no longer accept new email once the email account has reached its storage limitations of either 2 gigabytes or 5 gigabytes. All new email received after an email account has reached its storage limitations will be returned to sender.
23. Third-Party Premium Services: Optimum Online Service may offer additional third party services to subscribers at no extra cost or for an additional fee. In addition to the Terms of Service and Acceptable Use Policy, Subscriber must adhere to the third party's terms and policies to the extent such terms and policies are not inconsistent with this Agreement or Altice's Acceptable Use Policy. Use of included third party services is limited to Subscribers in good standing. Accounts not in good standing are subject to restricted or suspended access to these third party services. Abusive use, in Altice's sole opinion of third party services may cause corrective action as outlined in the Acceptable Use Policy.
24. Installation:
A. Altice 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. Altice shall have no liability for any damage resulting from the above or other file modifications.
B. Upon Subscriber's request, Altice or its agents will install certain software, an extra cable outlet (if necessary), a cable modem and associated equipment. Altice will also provide a user's manual and instructions on how to use Optimum Online Service. If installed by Altice, Altice shall use reasonable efforts to install the Optimum Online Service to an operational status.
C. All installation services performed by Altice shall be subject to Altice's applicable service charges, if any.
25. Additional Terms for Other Optimum Online Features, Functionality, or Tools: Altice may from time to time offer additional service features, functionality and tools, such as Web DVR. These features, functions and tools may be further subject to specific terms of use and subject to change at any time by Altice.
26. Additional Terms for Optimum WiFi: Subscriber's use of Optimum WiFi is also subject to the provisions of the Optimum WiFi Terms of Use, which may be updated from time to time and the latest version will supersede all prior versions.
27. Additional Terms of Service for Altice-provided Wireless Router/Gateway and Wireless Access Point: Altice-provided wireless routers, gateways, managed access points and Altice One devices (with built-in router/gateway) (each, an "Altice Router/Gateway") are available to certain Subscribers and provide wireless access to the Optimum Online Service within the Subscriber's service location ("Local Network"). Altice Router/Gateways come programmed with certain default settings and configurations for the Local Network. Subscribers may modify certain of the default settings and configurations on the Altice Router/Gateway although Altice recommends maintaining the default configuration and settings. Altice does not guarantee the security of the Altice Router/Gateway and Subscriber's connection to Optimum Online Services via the Local Network. Subscriber understands and agrees that Subscriber is solely responsible for the security of his/her Local Network. Altice Router/Gateways are preconfigured to distribute hotspots for additional wireless networks in addition to the Local Network, including Optimum WiFi, Optimum WiFi Passpoint and Altice WiFi (each, an "Altice Network Hotspot"). Altice Network Hotspots are separate from the Local Network and are accessible by Optimum/Suddenlink internet subscribers, Altice Mobile subscribers and certain other authorized users. The Local Network is encrypted and has separate security settings from the Altice Network Hotspots. Subscriber understands that simultaneous connections to both the Local Network and an Altice Network Hotspot may not be available and that after a device is connected to the Local Network, the primary connection for the Subscriber and any devices using Subscriber's login credentials, while in the service location, will be to the Local Network. Any use of bandwidth from such wireless access point by third parties, will not be considered to be use by the Subscriber for any purpose. The Altice Router/Gateway will collect and maintain certain information regarding access to and use of the Local Network, which information shall include but not be limited to device identifiers, device name, device type, applications and protocols, connections, and traffic flows. Such information will be used by Altice to provide Optimum Online Services and support as well as for Altice's internal business analytics regarding the use of the Optimum Online Services. Subscriber acknowledges and agrees that Altice shall have access to the password associated with the Altice Router/Gateway in order to provide support and diagnostic services. Altice reserves the right to modify the password for the Altice Router/Gateway in order to safeguard Internet security, the security and privacy of Subscriber information, where required by law, and/or for other good cause to provide, upgrade and maintain the Optimum Online Services, and protect the network, other users of the Internet, or our Subscribers. Altice shall notify Subscriber of any such password modifications. Subscriber acknowledges that the Altice Router/Gateway is Altice Equipment.
28. Information Regarding Range Extenders and WiFi Extenders: In certain circumstances, a range extender or WiFi extender may be required to be installed and connected to the Altice Router/Gateway in order to connect wirelessly to Optimum Online services throughout Subscriber's service location. A monthly extender equipment fee may apply. Subscriber understands and agrees that where the Altice Router/Gateway is a wireless router (as opposed to a gateway or Altice One device), and a range extender is required, the Altice-recommended installation method is through a wired connection directly to the Altice Router/Gateway. Subscriber understands and agrees that wireless router range extender installations are not recommended by Altice and such wireless installations may not successfully resolve any or all wireless signal strength and/or wireless signal range-related issues (issue list not exhaustive). Altice continues to recommend a wired installation to best resolve wireless connectivity issues within your service location.
29. HIPAA:
A. Subscriber acknowledges that the Optimum Online Service is not intended to comply with the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191, as amended, and its implementing regulations (collectively, "HIPAA").
B. To the extent that Subscriber is a covered entity or business associate, as those terms are defined under HIPAA, Subscriber shall not maintain protected health information on the Optimum Online Service or otherwise use the Optimum Online Service in a manner that would cause Altice to qualify as a business associate under HIPAA.
C. Subscriber shall fully indemnify and hold harmless Altice and any Third-Party Provider from all losses, costs, expenses (including reasonable attorney costs) and fees incurred as a result of Subscriber's use of the Optimum Online Service in a manner that would cause Altice to qualify as a business associate under HIPAA.
Effective March 30, 2020