Lightpath, a Service of Cablevision, Visitor Code of Conduct
This Web site is owned and operated by CSC Holdings, Inc. ("Cablevision"), which is a subsidiary of Cablevision Systems Corporation ("Cablevision"). This 'Terms of Usage Agreement' ("Agreement") informs visitors of the rules and policies that govern this Web site. We use the term "visitors" to include both registered members of our Web site and any other person that accesses our Web site at any point for any amount of time, unless designated otherwise. Visitors are expected to follow any posted guidelines or rules. We may update this Agreement from time to time without notice. Any changes in our terms of usage will be incorporated into a revised Agreement that we will post on this Web site. All visitors have the obligation to review changes to this Agreement. Unless otherwise specified, such changes shall be effective when they are posted. Your access or use of this Web site constitutes your agreement to be bound by this Agreement, including any changes that exist when you re-access our site.
If necessary, and in accordance with applicable law, Cablevision will cooperate with local, state, and/or federal authorities to protect our Web site, visitors, parents, partners, affiliates, subsidiaries, and operational providers or to prevent unauthorized use of the site.back to top
Restrictions on visitors' use of Cablevision Web site content
This Web site contains materials supplied by Cablevision and its affiliates, parents, and subsidiaries, as well as other sources, and is protected by copyrights, trademarks, servicemarks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Cablevision, visitors may not modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt, or create a derivative work of, in any manner, any material, content, or design elements obtained from this site, including code and software ("Material"). Notwithstanding the above, visitors may print or download the Material from this site only for personal or non-commercial use, provided that the visitor does not republish the Material and keeps intact all copyright, trademarks, servicemarks, patent, and other proprietary notices.
Use of the Material for any purpose not expressly permitted in this Agreement is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of the Material on this site is strictly prohibited without the express written permission of Cablevision. Visitors are also prohibited from framing Cablevision's Web site or linking to any other page except Cablevision's homepage without the express written permission of Cablevision. For information on requesting such permission, please send a written request to Lightpath at 200 Jericho Quadrangle, Jericho, NY 11753, Attn: Lightpath Webmaster, or via e-mail at email@example.com. Decisions to grant or deny permission are within the sole discretion of Cablevision.
Visitors represent and warrant that they are the owner or otherwise have the right to provide any information or materials (including pre-existing materials) that they post or transmit for use in public or private areas on the Web site. Visitors hereby grant Cablevision, its parents, affiliates, and subsidiaries an irrevocable, royalty-free, perpetual, non-exclusive worldwide license to use, copy, display, modify, edit, and create derivative works from and distribute any information or materials that visitors post or transmit in areas on our Web site. Each visitor also agrees to indemnify and hold Cablevision, its parents, affiliates, and subsidiaries harmless from any claim or demand, including reasonable attorneys fees, made by any party arising out of information or materials that the visitor submits on our Web site.
Material on this server may include inaccuracies or typographical errors. We have the right to make changes and update any information contained on this server without prior notice.back to top
E-mail is an important communication method for our online visitors. The person in whose name the e-mail account is registered should generate all e-mail sent to us. E-mail users shall not mask their identity by using a false name or another person's name or account. We will use your e-mail address and the content of any e-mail for correspondence and visitor response purposes.
Choice of law and forum
Lightpath.net is originated and located in the United States, and this Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. Any dispute arising out of or relating to this Agreement or your access or use of this Web site will be subject to the exclusive jurisdiction of the courts located within the state of New York, and you hereby submit to the personal jurisdiction of such courts. If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect.back to top
Access to interactive areas such as chat rooms, bulletin boards, and auditoriums
Currently, we do not provide an interactive part to this Web site, such as chat rooms, bulletin boards (also known as message boards), or auditoriums (collectively identified as "Interactive Areas"). We may, however, provide such service in the future. At that time, any submissions by visitors to Interactive Areas will be public and posted in public areas on the Web site. We will not be responsible for any information or materials posted by visitors in these Interactive Areas. We will post a specific code of conduct if we decide to provide Interactive Areas.back to top
DISCLAIMER OF WARRANTIES
THE INFORMATION ON OUR WEB SITE IS PROVIDED "AS IS." Cablevision DOES NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THIS SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, Cablevision CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE.
NEITHER Cablevision, NOR ANY OF ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OPERATIONAL OR PROMOTIONAL PROVIDERS, PROGRAM PRODUCERS, OR SPONSORS ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT A VISITOR INCURS IN THE EVENT OF (I) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED HEREIN AVAILABLE TO VISITORS; (III) ANY OTHER CAUSE RELATING TO A VISITOR'S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR MATERIALS ON THIS SITE; (IV) ANY VISITOR'S INTERACTION OR SUBMISSIONS ON THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, RESUMÉ OR EMPLOYMENT SUBMISSIONS OR DIALOGUE BETWEEN HOSTS; (V) OR FROM ANY VISITOR'S FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF Cablevision OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICES, OR SUPPORT. IN NO EVENT WILL Cablevision, ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, OFFICERS, OR EMPLOYEES BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF Cablevision, ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
PLEASE BE ADVISED THAT ONCE YOU LEAVE OUR WEB SITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USAGE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR SITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL PROVIDERS, ADVERTISERS, SPONSORS, AND PROMOTIONAL PARTNERS. Cablevision, ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRIVACY PRACTICES OF THE OTHER SITES, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING OUR WEB SITE.back to top
Security measuresback to top
Service Agreement Terms and Conditions
All services ("Service(s)") ordered by Customer from Lightpath shall be subject to Lightpath's acceptance of this Service Agreement and any applicable Addenda ("Agreement") listing the Service and fees associated with the requested Service. Product information may be viewed at GoLightpath.com. Service is subject to availability, credit approval, and the following terms and conditions, including those documents identified below and incorporated by reference.back to top
The initial service term ("Initial Service Term") shall be the period of time listed in this Agreement. Upon expiration of the Initial Service Term, or any renewal term, and upon no less than sixty (60) days prior written notice from Lightpath, as applicable, this Agreement shall automatically renew for successive terms equal in length to the Initial Service Term. Either party may give notice of its intent not to renew the then current term in writing no less than thirty (30) days prior to the end of the applicable term.back to top
Commencement of Billing / Start of Service Date
Billing and the Initial Service Term begin on the day Service becomes available for use ("Start of Service Date"). Service is considered to be available for use when connectivity is established to the Lightpath demarcation point and tested in accordance with the applicable technical specification for the Service.back to top
Termination of Service/Circuit
Termination of individual circuits or Services and all associated billing provided for under this Agreement shall be effective thirty (30) days after written notification of termination is received by Lightpath. In the event of early termination (i.e. termination of a circuit/Service prior to the expiration of a fixed term for such Service), Customer shall be liable for early termination fees in accordance with the terms of this Agreement.back to top
Customer will be responsible for the rates listed in this Agreement and all applicable local, state and federal taxes, charges, assessments and other applicable charges including Universal Service Fund* (USF). Payment for Services is due within thirty (30) days of the invoice date. Customer shall be subject to a finance charge of 1.5% per month on balances over sixty (60) days past due. Invoices may be viewed and managed by accessing Lightpath's web portal "Customer Care Online" at GoLightpath.com.
*Subject to the FCC mixed use, 10% Rule (47 CFR 36.154,4 FCC Rcd 1353). Absent a USF certification exempt form signed by Customer indicating that Intrastate Pt to Pt Transport Services carry 10% or less interstate traffic, Lightpath shall assess USF charges in accordance with FCC rules. USF Certification Form, provided hereto, can also be obtained by contacting Lightpath Support or 1-866-611-3434. Customer will be responsible for informing Lightpath of any changes to the traffic usage on all Intrastate Pt to Pt Transport Services and will inform Lightpath of any such changes by promptly submitting an updated Certification form.back to top
A "New Build" is a site to which Service originates or terminates and to which Lightpath must build or construct new facilities or equipment in order to provide Service. New Build installation shall be subject to, including but not limited to, completion of site survey, municipal permits and right-of-way pole licensing, landlord consent, facility/property access, and conditions outside of Lightpath's control.back to top
Early Termination / Cancellation - New Build
If Customer cancels any Service prior to the Start of Service Date, Customer shall reimburse Lightpath for all reasonable direct costs incurred by Lightpath prior to Customer cancellation of such Service. If Customer terminates any Service after the Start of Service Date, Customer shall pay an early termination fee equal to a percentage of the total monthly recurring charges times the number of months remaining in the applicable term as follows: (a) 100% if Customer terminates during the first year; (b) 75% if Customer terminates during the second year; and (c) 50% if Customer terminates after the second year.back to top
Early Termination / Cancellation - Non-New Build ("LIT")
If Customer cancels any Service prior to the Start of Service Date, Customer shall reimburse Lightpath for installation fees, whether waived or not. If Customer terminates any Service after the Start of Service Date, Customer shall pay an early termination fee equal to a percentage of the total monthly recurring charges times the number of months remaining in the applicable term as follows: (a) 100% if Customer terminates during the first year; and (b) 50% if Customer terminates after the first year.back to top
Customer Not Ready / Service Delivery Delay
In the event Customer is not ready ("CNR") for Lightpath to deliver Service and/or complete installation to the Lightpath demarcation point on the projected installation date, Customer must reschedule and accept delivery of Service within ten (10) business days from the projected installation date. If Customer does not allow Lightpath to complete installation within ten (10) business days from such projected installation date, Lightpath will invoice Customer a CNR fee equivalent to the monthly recurring charges for the Service under this Agreement.back to top
Type II Service
Service provided by a third party ("Type II") is priced on an individual case basis. Type II Service will terminate at the minimum point of entry ("MPOE") demarcation at a serving facility/location. Any required extension of the MPOE demarcation is subject to time and material charges determined on an individual case basis by Lightpath. Customer will be responsible for any additional fees imposed by the Type II Service provider for delivery of Type II Service including, but not limited to, cross connect fees and building access fees.back to top
Optimum Business Services
Optimum Business Services including Boost/Ultra, Optimum Online, Voice & Video/TV (“Optimum Business Services”) are provided to Customer on behalf of CSC Holdings, LLC and subject to the terms set forth at optimum.net/terms. Optimum Business Services are available only in the franchise areas of CSC Holdings, LLC and its affiliates. In the event of a conflict between the terms of this Agreement and the Optimum Business Services terms, the Optimum Business Services terms shall control except in the event of early termination, the early termination fees as set forth above shall control.back to top
Audio and Web Conference Service
Audio and Web Conference Service purchased pursuant to this Agreement is subject to Lightpath Audio and Web Conference Service Attachment Additional Terms and Conditions, as applicable.back to top
Managed WiFi Service
Managed WiFi Service purchased pursuant to this Agreement is subject to Lightpath Managed WiFi Service Attachment Additional Terms and Conditions, as applicable.back to top
Internet Burstable Feature
Billing for Internet Service Burstable Feature option purchased pursuant to this Agreement is assessed using the 95/5% calculation rule.back to top
Service Level Agreement
The Service Level Agreement ("SLA") sets forth Customer's sole remedy for any claim relating to the Service including any failure to meet any guarantee set forth in the SLA.back to top
Acceptable Use Policy
Use of Internet Service must comply with the most current version of Lightpath's Acceptable Use Policy. Lightpath reserves the right to suspend Service or terminate this Agreement for a violation of the Acceptable Use Policy.back to top
Additional Terms and Conditions
Services purchased pursuant to this Agreement, including but not limited to Internet Service, IP Trunking, Remote E-Link, and any other service not currently offered by Lightpath under the state tariffs filed by Lightpath (or its affiliates) and/or Lightpath's Regulations and Schedule of Charges are subject to Additional Terms and Conditions for Non-Tariff Services.
All other Services purchased pursuant to this Agreement including but not limited to voice service(s) are subject to the state tariffs filed by Lightpath (or its affiliates) and/or Lightpath's Regulations and Schedule of Charges as set forth at:back to top
Use of Service
Lightpath’s Voice Services are intended for the standard business customer and may not be resold, used for illegal purpose, for completion of excessive auto-dialed or short duration calls with predictive dialers, text broadcast, or for any use that could harm or interfere with the ability of Lightpath or others to use Lightpath’s Network (“Prohibited Use”). Lightpath shall have the right to immediately suspend and/or terminate any or all Services provided hereunder without notice to Customer in the event of any Prohibited Use. Customer will be responsible for all charges incurred as a result of fraud, including toll fraud, abuse or unauthorized use of Service. Customers with unlimited usage plans may be subject to usage charges deemed excessive or atypical outside of standard business customer usage, as determined by Lightpath.back to top
Customer acknowledges and agrees that (a) criminals, terrorists, or others may commit or attempt to commit unlawful, disruptive, violent, terrorist and/or warlike acts at times and places, and in manners, that cannot be predicted or prevented; (b) information technology developments, configuration or implementation changes, software modifications (including routine maintenance, patches, enhancements and upgrades), human factors and other circumstances can create new, unknown and unpredictable security exposures; and (c) information technology “hackers” and other third parties continue to develop and employ increasingly sophisticated and powerful techniques and tools which result in ever-growing security risks and potential for causing damage to persons and property. Lightpath does not make any representation or warranty that Customer’s or any third party’s information technology, software, information, equipment, facilities, or personnel are, or will be, secure or safe from harm or secure or safe from intrusion, disruption, interception, viruses, or other security exposures, or damage to persons or property caused by the preceding and that Customer has a responsibility to actively monitor the functions of its systems and to back up its data regularly. Lightpath does not provide or represent or warrant that Services or products Lightpath provides will ensure Customer’s compliance with any particular law, including but not limited to any law relating to security or privacy. Customer is solely responsible for complying with the legal obligations of all data protection legislation, in particular with the legality of transmission of data to Lightpath and the legal requirements for processing of data.back to top
"Confidential Information" consists of all information disclosed, whether written or oral, by one party (the "Disclosing Party") to the other party (the "Receiving Party") in connection with this Agreement which is non-public and which is either marked or otherwise communicated as being "proprietary" or "confidential" or where such information is, by its nature, confidential. Confidential Information includes but is not limited to the Disclosing Party's customers or prospective customers, business plans, pricing, optimization recommendations and network designs. Information that is independently developed by the Receiving Party, is lawfully received by the Receiving Party free of any obligation to keep it confidential, or becomes generally available to the public other than by breach of this Agreement, shall not be Confidential Information. Confidential Information is the property of the Disclosing Party and shall be destroyed or returned to the Disclosing Party upon request provided that either party may retain Confidential Information to the extent required by applicable rule, regulation or law.
The Receiving Party shall: (a) use such Confidential Information only for the purposes of performing this Agreement and using Services; (b) reproduce such Confidential Information only to the extent necessary for such purposes; (c) restrict disclosure of such Confidential Information to employees, agents and subcontractors that have a need to know for such purposes; (d) advise those employees, agents and subcontractors of the obligations of confidentiality under this Agreement; (e) not disclose Confidential Information to any third party without prior written approval of the Disclosing Party except as expressly provided in this Agreement; and (f) use at least the same degree of care (in no event less than reasonable care) as it uses with regard to its own proprietary or confidential information to prevent the disclosure, unauthorized use or publication of Confidential Information.back to top
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original. Such counterparts shall together constitute one and the same document. Signatures executed and transmitted by electronic signature, photocopy, email PDF or facsimile shall be considered authentic and legally binding to the same extent as an original.back to top
The terms and conditions listed above and those documents identified above constitute the entire agreement between the parties concerning Service and supersede all other representations, understandings or agreements which are not fully expressed herein, whether oral or written. This Agreement is binding as of the date it has been fully executed by all parties. No amendment to this Agreement shall be valid unless in writing and signed by all parties.back to top