APPENDIX
,
Continued
26. Cablevision shall not be Liable for: Any information sent by the
Subscriber utilizing the functions of Cablevision’s digital cable box
is sent at the Subscriber’s sole risk, and Cablevision shall have no
liability whatsoever for any claims, losses, actions, damages, suits
or proceedings arising out of or otherwise relating to such actions
by the Subscriber.
27. Security: You are responsible for any misuse of Cablevision’s
equipment, Cablevision’s service or the Services that 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 take steps to ensure that others
do not gain unauthorized access to Cablevision’s equipment, or
Services. The equipment, Cablevision’s service or the Service may
not be used to breach the security of another user or to attempt 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.
28. Use of System: Cablevision’s digital cable box, Cablevision’s
services or the Services may not be used to send unsolicited bulk or
commercial messages. This includes, but is not limited to, bulk
mailing of commercial advertising, informational announcements,
charity requests, petitions for signatures and political or religious
messages. Such messages may only be sent to those who have
explicitly requested it. Cablevision’s digital cable box, Cablevision’s
service or the Services may not be used to collect responses from
unsolicited email sent from accounts on other Internet hosts or
email services that violate this Policy or the acceptable use policy
of any other Internet service provider. Moreover, unsolicited email
may not direct the recipient to any Web site or other resource, which
uses the services. The propagation of chain letters is prohibited,
whether or not the recipient wishes to receive such mailings.
Cablevision is not responsible for the forwarding of email sent to
any account, which has been suspended or terminated. Such email
will either be returned to sender, ignored, deleted, or stored
temporarily at Cablevision’s sole discretion.
29. Violation of Acceptable Use Policy: Cablevision does not
routinely monitor the activity of email or other Internet service
accounts for violation of this Policy. However, in our efforts to
promote good citizenship within the Internet community, we will
respond appropriately if we become aware of inappropriate use of
our services. Cablevision prefers to advise Subscribers of
inappropriate behavior and any necessary corrective action.
However, if Cablevision’s digital cable box or Cablevision’s service
or Services are used in a way which Cablevision or its distribution
affiliates, in their sole discretion, believe violate this Policy,
Cablevision or its distribution affiliates may take any responsive
actions they deem appropriate. Such actions include, but are not
limited to, temporary or permanent removal of content, and the
immediate suspension or termination of all or any portion of the
Internet or data features, services and functionalities. Neither
Cablevision nor its distribution affiliates will have any liability for
any such responsive actions. The above described actions are not
Cablevision exclusive remedies and Cablevision may take any other
legal or technical action it deems appropriate. Cablevision reserves
the right to investigate suspected violations of this Policy, including
the gathering of information from the user or users involved and
the complaining party, if any, and examination of material on
Cablevision’s servers and network. During an investigation,
Cablevision may suspend the account or accounts involved and/or
remove material, which potentially violates this Policy. You hereby
authorize Cablevision 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 Policy. Such cooperation may
include Cablevision providing the username, IP address, or other
identifying information about a subscriber. Upon termination of an
account, Cablevision is authorized to delete any data, email
messages and files associated with such account. The failure of
Cablevision or its distribution affiliates to enforce this Policy, for
whatever reason, shall not be construed as a waiver of any right to
do so at any time. You agree that, if any portion of this Policy is
held invalid or unenforceable, that portion will be construed
consistent with applicable law as nearly as possible, and the
remaining portions will remain in full force and effect. This Policy
shall be exclusively governed by, and construed in accordance
with, the laws of the State of New York.
30. Privacy Statement: Please see Cablevision’s privacy statement
for a detailed outline of Cablevision’s video or digital services
privacy policies and how they affect your use of Cablevision’s
equipment and services.
31. Data Storage and Retention: Subscriber agrees to comply
with any policies or requirements of Cablevision relating to
email storage as established and modified by Cablevision from
time to time. Such policies may include but shall not be limited
to limitations upon the quantity of emails stored, the period of
time for which they may be retained, and the length of
permissible emails.
32. Entire Agreement: This Agreement constitutes the entire
agreement between the Subscriber and Cablevision for Optimum
TV and or iO services. No undertaking, representation or warranty
made by any agent or representative of Cablevision in connection
with the sale, installation, maintenance or removal of Cablevision’s
services or equipment shall be binding on Cablevision except as
expressly included herein. Please see additional terms and
conditions for Cablevision’s Optimum Online
SM
and other services.
33. Amendment: Cablevision may, at its sole discretion, change,
modify, add or remove portions of this Agreement at any time.
Cablevision may notify Subscriber of any such changes to this
Agreement by posting notice of such changes on using the features
of Cablevision’s digital cable box, or sending notice via email or
postal mail. The Subscriber’s continued use of Cablevision’s
service following notice of such change, modification or
amendment shall be deemed to be the Subscriber’s acceptance of
any such modification. If Subscriber does not agree to any
modification of this Agreement, Subscriber must immediately
cease using Cablevision’s equipment and services and notify
Cablevision that Subscriber is terminating this Agreement in
accordance with Section 14 of this Agreement.
26. Cablevision shall not be Liable for: Any information sent by the
Subscriber utilizing the functions of Cablevision’s digital cable box
is sent at the Subscriber’s sole risk, and Cablevision shall have no
liability whatsoever for any claims, losses, actions, damages, suits
or proceedings arising out of or otherwise relating to such actions
by the Subscriber.
27. Security: You are responsible for any misuse of Cablevision’s
equipment, Cablevision’s service or the Services that 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 take steps to ensure that others
do not gain unauthorized access to Cablevision’s equipment, or
Services. The equipment, Cablevision’s service or the Service may
not be used to breach the security of another user or to attempt 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.
28. Use of System: Cablevision’s digital cable box, Cablevision’s
services or the Services may not be used to send unsolicited bulk or
commercial messages. This includes, but is not limited to, bulk
mailing of commercial advertising, informational announcements,
charity requests, petitions for signatures and political or religious
messages. Such messages may only be sent to those who have
explicitly requested it. Cablevision’s digital cable box, Cablevision’s
service or the Services may not be used to collect responses from
unsolicited email sent from accounts on other Internet hosts or
email services that violate this Policy or the acceptable use policy
of any other Internet service provider. Moreover, unsolicited email
may not direct the recipient to any Web site or other resource, which
uses the services. The propagation of chain letters is prohibited,
whether or not the recipient wishes to receive such mailings.
Cablevision is not responsible for the forwarding of email sent to
any account, which has been suspended or terminated. Such email
will either be returned to sender, ignored, deleted, or stored
temporarily at Cablevision’s sole discretion.
29. Violation of Acceptable Use Policy: Cablevision does not
routinely monitor the activity of email or other Internet service
accounts for violation of this Policy. However, in our efforts to
promote good citizenship within the Internet community, we will
respond appropriately if we become aware of inappropriate use of
our services. Cablevision prefers to advise Subscribers of
inappropriate behavior and any necessary corrective action.
However, if Cablevision’s digital cable box or Cablevision’s service
or Services are used in a way which Cablevision or its distribution
affiliates, in their sole discretion, believe violate this Policy,
Cablevision or its distribution affiliates may take any responsive
actions they deem appropriate. Such actions include, but are not
limited to, temporary or permanent removal of content, and the
immediate suspension or termination of all or any portion of the
Internet or data features, services and functionalities. Neither
Cablevision nor its distribution affiliates will have any liability for
any such responsive actions. The above described actions are not
Cablevision exclusive remedies and Cablevision may take any other
legal or technical action it deems appropriate. Cablevision reserves
the right to investigate suspected violations of this Policy, including
the gathering of information from the user or users involved and
the complaining party, if any, and examination of material on
Cablevision’s servers and network. During an investigation,
Cablevision may suspend the account or accounts involved and/or
remove material, which potentially violates this Policy. You hereby
authorize Cablevision 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 Policy. Such cooperation may
include Cablevision providing the username, IP address, or other
identifying information about a subscriber. Upon termination of an
account, Cablevision is authorized to delete any data, email
messages and files associated with such account. The failure of
Cablevision or its distribution affiliates to enforce this Policy, for
whatever reason, shall not be construed as a waiver of any right to
do so at any time. You agree that, if any portion of this Policy is
held invalid or unenforceable, that portion will be construed
consistent with applicable law as nearly as possible, and the
remaining portions will remain in full force and effect. This Policy
shall be exclusively governed by, and construed in accordance
with, the laws of the State of New York.
30. Privacy Statement: Please see Cablevision’s privacy statement
for a detailed outline of Cablevision’s video or digital services
privacy policies and how they affect your use of Cablevision’s
equipment and services.
31. Data Storage and Retention: Subscriber agrees to comply
with any policies or requirements of Cablevision relating to
email storage as established and modified by Cablevision from
time to time. Such policies may include but shall not be limited
to limitations upon the quantity of emails stored, the period of
time for which they may be retained, and the length of
permissible emails.
32. Entire Agreement: This Agreement constitutes the entire
agreement between the Subscriber and Cablevision for Optimum
TV and or iO services. No undertaking, representation or warranty
made by any agent or representative of Cablevision in connection
with the sale, installation, maintenance or removal of Cablevision’s
services or equipment shall be binding on Cablevision except as
expressly included herein. Please see additional terms and
conditions for Cablevision’s Optimum Online
SM
and other services.
33. Amendment: Cablevision may, at its sole discretion, change,
modify, add or remove portions of this Agreement at any time.
Cablevision may notify Subscriber of any such changes to this
Agreement by posting notice of such changes on using the features
of Cablevision’s digital cable box, or sending notice via email or
postal mail. The Subscriber’s continued use of Cablevision’s
service following notice of such change, modification or
amendment shall be deemed to be the Subscriber’s acceptance of
any such modification. If Subscriber does not agree to any
modification of this Agreement, Subscriber must immediately
cease using Cablevision’s equipment and services and notify
Cablevision that Subscriber is terminating this Agreement in
accordance with Section 14 of this Agreement.
iO User’s Guide
61
60
iO User’s Guide
APPENDIX
,
Continued
13. Termination for Bankruptcy: Cablevision may terminate its
service immediately in the event that Subscriber makes an
assignment for the benefit of creditors or a voluntary or involuntary
petition is filed by or against Subscriber under any law having for
its purpose the adjudication of Subscriber as a bankrupt or the
reorganization of Subscriber.
14. Termination of Service by Subscriber: Subscriber shall have the
right at any time to terminate the service by giving seven (7) days
prior written notice to Cablevision. In the event Subscriber elects to
terminate the service, Subscriber will pay for such service until the
date of disconnection. However, in no event, unless Subscriber fails
to keep the scheduled disconnect appointment, shall Subscriber pay
for a period greater than seven (7) days after Cablevision receives
such written notification of termination.
15. Breach of Agreement: If Subscriber breaches this Agreement or
fails to abide by Cablevision’s rates, rules and regulations,
Cablevision at its option may discontinue the service and remove
the equipment. Failure of Cablevision to remove such 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.
16. Security Deposit: Any security deposit given by customer for
the Equipment or Cablevision’s service will be due and payable
upon the first monthly billing. Such security deposits will be
returned to customer within sixty (60) days of termination of
Cablevision’s service so long as payment has been made for all
amounts due on customer’s account and customer has returned the
Cablevision Equipment undamaged.
17. Programming: All programming, program services, program
packages, number of channels, channel allocations, broadcast
channels, interactive services, emails, data offerings and other
Services are subject to change in accordance with applicable law.
18. Rates: All rates are subject to change in accordance with
applicable law.
19. Late Fee: If your account is 30 days past due, you will see a
reminder message on your statement. If your past due balance
remains unpaid, you may be charged an applicable late fee
identified on your rate card on top of your past due balance at
Cablevision’s then current rate. If your account remains unpaid your
service may be disconnected. You can avoid any late charges by
paying your bill promptly.
20. Disclaimer: Cablevision assumes no liability for any program,
services or information distributed over Cablevision’s digital cable
box unless locally produced by Cablevision. Cablevision shall not
be responsible for any products, merchandise or prizes promoted on
or purchased through the use of the cable system or Cablevision’s
digital cable box, unless such products, merchandise or prizes are
provided directly by Cablevision.
21. Parental Control: A Parental Control feature is available for you
if you want to keep children from watching certain programming.
Please check the Parental Control section in your User’s Guide. It is
recommended that you occasionally verify that your Parental
Control/Locks & Limits feature is activated and operational.
22. Spending Controls: As part of your Optimum TV or iO
subscription your service provides a means of spending control.
Please check your User’s Guide for details.
23. Limitation of Liability: Unless otherwise specifically provided
in this Agreement, Cablevision will not be liable to the Subscriber
or to any third party for: (a) any direct, indirect, incidental, special,
punitive or consequential losses or damages, including loss of
profits, loss of earnings, loss of business opportunities or personal
injuries (including death), resulting directly or indirectly out of, or
otherwise arising in connection with the use of Cablevision’s digital
cable box by the Subscriber, Cablevision’s services, or any other use
of the Services including without limitation, any damage resulting
from or arising out of the Subscriber’s reliance on or use of
Cablevision’s digital cable box, Cablevision’s services or the
Services, or the mistakes, omissions, interruptions, deletion of
emails, deletion of files, errors, defects, delays in operation,
transmission, or any failure of performance of Cablevision’s digital
cable box, Cablevision’s services or the Services; and (b) any losses,
claims, damages, expenses, liabilities or costs (including legal fees)
resulting directly or indirectly out of, or otherwise arising in
connection with, any allegation, claim, suit or other proceeding
based upon a contention that the use of Cablevision’s digital cable
box, Cablevision’s services, or the Services by the Subscriber or a
third party infringes the copyright, patent, trademark, trade secret,
confidentiality, privacy, or other industrial or intellectual property
rights or contractual rights of any third party. This limitation applies
to the acts, omissions, negligence and gross negligence of
Cablevision, its officers, employees, agents, contractors or
representatives which, but for this provision, would give rise to a
cause of action against Cablevision in contract, tort or any other
legal doctrine.
24. Prohibited: The Subscriber shall not use Cablevision’s digital
cable box, Cablevision’s services or the Services for illegal or
inappropriate activities, 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)
modifying, disrupting or tampering with Cablevision’s equipment
including but not limited to, tampering with the seal on the digital
cable box, the access card or any of Cablevision’s services; (c)
restricting, inhibiting or otherwise interfering with the ability of any
other person to use or enjoy any Cablevision service, the Service, or
the Internet; (d) reselling Cablevision service or services; (e)
conducting a pyramid or other illegal soliciting scheme; or (f)
impersonating any person or entity or forging anyone else’s digital
or manual signature. Engaging in one or more of these activities
may result in termination of this Agreement. This section 24 shall
not in any way limit Cablevision’s rights of termination pursuant to
any other provision of this Agreement.
25. License Requirements: Subscriber agrees to comply with all
end user license requirements relative to any of the Services which
Subscriber accesses pursuant to the terms of this Agreement.
