Terms & Conditions

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Optimuminternet.com (“Company ,” “we,” “us,” or “our”), concerning your access to and use of the https://Optimuminternet.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Delaware, United States and have our registered office at 16192 Coastal Highway Lewes, Delaware 19958. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside ; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Site.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Site.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

USER GENERATED CONTRIBUTIONS

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

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THIRD-PARTY WEBSITE AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

 SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States . If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States , then through your continued use of the Site, you are transferring your data to the United States , and you agree to have your data transferred to and processed in the United States .

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware , without regard to its conflict of law principles.

DISPUTE RESOLUTION

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses.  The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in United States, Delaware . Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in United States, Delaware , and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non convenience with respect to venue and jurisdiction in such state and federal courts . Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose.  If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING . CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

OptimumInternet.com
16192 Coastal Highway Lewes,
Delaware 19958

Telephone number:
(855) 532-8593

Terms & Conditions

Last updated: November 28, 2024

The network of websites (collectively, the “Websites,” the “Sites,” or the “Site”) operated by Optimum Internet (“Company,” “we,” “us,” or “our”) is comprised of various websites and web pages. The terms, conditions, and notices contained herein (collectively, the “Terms of Use”) apply to all Optimum Internet Websites.

These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and Optimum Internet in connection with your access to and use of the Sites, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto.

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS WEBSITE OR OTHER OPTIMUM INTERNET WEBSITES. Optimum Internet Websites are offered to you on the condition that you accept the Terms and the applicable Privacy Statement without modification. By opening or using this Site, or any other Site, you agree to these Terms and the applicable Privacy Statement.

If you do not agree to these Terms, do not use this Site or any other Optimum Internet Site.

The information on the Site is not intended for distribution to or use in countries where it is illegal or requires registration. If you access it from another jurisdiction, you do so at your own risk and must comply with local laws.

People under the age of 18 should not use or register on the Site.

We reserve the right, on our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason, at our sole discretion and without notice. When we do so, the “Last Updated” line above will be revised. However, we have no obligation to update any information on our Site. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Site.

You are responsible for regularly reviewing these Terms. Your continued use of the Site after changes affecting the Terms are posted indicates your acceptance of such modifications.

We cannot guarantee that the Site will always be available. We may experience hardware, software or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Site at any time or for any reason without giving notice to you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuation of the Site.

Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

We care about data privacy and security.

Please review our Privacy Policy through the Site.

By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please note that the Site is hosted in the United States.

If you access the Site from any other region of the world with laws or other requirements governing the collection, use, or disclosure of personal data that differ from applicable laws in the United States, then, through your continued use of the Site, you are transferring your data to the United States and consent to have your data transferred to and processed in the United States.

Unless otherwise specified, the Site is intended for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, sell, or create derivative works from the content or communications displayed or presented on the Site (the “Content”), including, but not limited to, text, graphics, photographs, images, moving images, sounds, illustrations, information, software, products, or services, and the arrangement thereof,  unless expressly permitted herein.

You acknowledge that any unauthorized use of the Content could cause us irreparable harm and agree that in the event of such unauthorized use, we may seek injunctive or other remedies at law or in equity. Subject to any expressly stated restrictions or limitations on the Site in relation to material, you may electronically copy and/or print some of the Content only for your own non-commercial use or place an order with us.

Any other use of the Content, including modifying, reproducing, distributing, republishing, displaying, or transmitting the Content, without our prior written permission, is strictly prohibited.

You agree not to collect and/or use product descriptions, images, listings, or prices, except for your personal, non-commercial use or to place an order with us.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site, or from the use of or access to the Site, including, but not limited to, “scraping” or using robots, spiders, or other automated means.

You may not perform or display this Site or any information or material appearing on this Site in frames, through in-line links, or through similar means on another Website without our prior written permission. Any permitted link to this Website must comply with all applicable laws, rules and regulations.

You may not use “meta tags” or any other “hidden text” with our name or trademarks, or those of the manufacturers of the products appearing on this Site, without express written permission. In addition, you agree:

  • Not take any action that, in our sole discretion, imposes or may impose an unreasonably or disproportionately large load on our infrastructure
  • Not to interfere or attempt to interfere with the proper working of the Site or the activities being conducted on the Site
  • Not circumvent measures we employ to prevent or restrict access to the Site.

By using the Site, you represent and warrant that

  1. You have the legal capacity and agree to abide by these Terms of Use.
  2. You are not a minor in the jurisdiction in which you reside.
  3. You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
  4. You will not use the Site for any illegal or unauthorized purpose
  5. Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You may not access or use the Site for any purpose other than for which we make it available. The Site may not be used in connection with any commercial activity, except those that are specifically endorsed or approved by us.

As a user of the Site, you agree NOT:

  • Obtain or compile content from the site without authorization.
  • Deceive or attempt to obtain confidential information from other users.
  • Circumvent or disable security features of the site.
  • Damage the image of the site or the company.
  • Harass, abuse, or harm others with information obtained from the Site.
  • Misuse support services or submit false reports.
  • Use the Site illegally.
  • Create disallowed links to the site.
  • Upload harmful material that interferes with the operation of the site.
  • Use scripts, robots, or automated tools to extract data.
  • Remove copyright notices from content on the site.
  • Impersonate with another user or person.
  • Upload material that passively collects user information (such as cookies or pixels).
  • Interrupt or overburden the operation of the site or connected networks.
  • Harass or threaten employees or agents of the Site.
  • Attempt to circumvent measures that restrict access to the site.
  • Copy, modify, or reverse engineering the site software.
  • Use automated systems to access the site in a manner that is not permitted.
  • Use purchasing agents are not allowed on the site.
  • Automatically collect emails or create accounts for unauthorized purposes.
  • Use the site to compete commercially or generate revenue without permission.

Optimum Internet cannot and does not guarantee that other Users will or will comply with the above Code of Conduct or the other provisions of these Terms; and as it relates to our relationship, you hereby assume all risk of harm arising from such breach.

These Terms govern your conduct, your rights, and those of us with respect to any text, photographs, videos, postings, communications, music, audio/sound recordings, artwork, ratings, reviews, or other materials or information that you generate in connection with the Optimum Internet Websites (“Submission”). When you submit a Submission, you agree to the following:

  • Your submission is original, accurate, and reflects your sincere experience with the products on the Site.
  • You are of legal age or have the consent of a guardian if you are a minor.
  • Your submission has not previously been used in other promotional materials and you do not expect to receive payment or benefits for it.
  • The content of your submission is not false, offensive, or infringes the intellectual property rights of any third party.
  • It does not contain material that is illegal, hateful, or violates applicable laws.
  • It does not include personal information without consent or harmful programs.
  • Optimum Internet’s use of your submission will not violate these Terms or cause harm to others.

You acknowledge and agree that any questions, comments, suggestions, ideas, opinions, or other information relating to the Site and the information you provide to us, is NOT confidential and shall become our sole property with your consent.

We will own the exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of the “Submission,” also understood as Consented Information, for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

By submitting content to Optimum Internet, you grant Optimum Internet a worldwide, perpetual, irrevocable, royalty-free, transferable license to use, modify, distribute, and create derivatives of the content in any format and for any commercial or promotional purpose, without notice or additional payment. You also grant Optimum Internet the right to use your name, likeness, voice, and personal content in connection with the submission, without restriction.

You waive moral rights in your submission and agree to indemnify Optimum Internet for any claims related to your content, including violations of copyright, privacy, or defamation. In addition, you waive any interference with the use of your submission or personal content.

Optimum Internet does not guarantee that you will be able to edit or delete your submission and you are responsible for the content you submit.

You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in the “Submission”.

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data related to your use of the Site.

Although we make regular backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have conducted using the Site.

You agree that we will have no liability for any loss or corruption of such data, and you hereby warn any right of action against us arising from any such loss or corruption of such data.

The entire content included on this Site, including, but not limited to, the text, design, graphics, interfaces, or code, and the selection and arrangement thereof, are owned, controlled, licensed, and protected by the copyright and trademark laws and other intellectual property rights and unfair competition laws of the United States, international copyright laws and international conventions.

The Content and Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or any Content or Marks may be copied, reproduced, aggregated, republished, published, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without our prior written permission.

ALL RIGHTS RESERVED in connection with the Site, the Content, and the Marks.

The Site may contain (or may receive links through the Site) to other websites (“Third-Party Websites”), as well as articles, photographs, text, graphics, images, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

We do not investigate, monitor, or verify the accuracy, suitability, or completeness of such Third-Party Websites and Third-Party Content, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted, available, or installed from the Site, including the content, accuracy,  the offensive nature, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or Third-Party Content.

Inclusion of, linking to, or authorizing the use or installation of any third-party website or any third-party content does not imply approval or endorsement of such third-party content by us. If you decide to leave the site and access the third-party websites or use or install any third-party content, you do so at your own risk and should be aware that these Terms of Use no longer govern.

You should review the applicable terms and policies, including privacy and data collection practices, of any website you access from the Site or in connection with any applications you use or install from the Site. Any purchases you make through third-party websites will be made through other websites and other companies, and we assume no liability in relation to such purchases, which are solely between you and the relevant third party.

You agree and acknowledge that we do not endorse products or services offered on third-party websites and will keep us harmless from any damage caused by your purchase of such products or services. You further release us from all liability for any loss or damage caused to you in connection with or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

We reserve the right, but not the obligation, to:

  • Monitor the Site for violations of these Terms of Use
  • We will take legal action against those who violate the law or these Terms of Use, including reporting by authorities, restricting access, or disabling your contributions, as much as possible.
  • To remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdening our systems
  • Otherwise administer the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

The Site may contain information that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other miscellaneous information.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without notice.

These Terms of Use will remain in full force and effect for as long as you use the Site. Without limiting any other provision of these terms of use, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or no reason at all, including, without limitation, for breach of any representation,  warranty or covenant contained in these Terms of Use or any applicable law or regulation.

We may terminate your use of or participation in the Site or remove any content or information you have posted at any time, without notice, in our sole discretion. If we terminate or suspend your account for any reason, you will not be able to register or create a new account under your name, a fake or borrowed name, or the name of a third party, even if you are acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, but not limited to, civil, criminal, and injunctive relief actions.

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except for those Disputes expressly excluded below) shall be finally and exclusively resolved by binding arbitration.

You understand that, without this provision, you would have the right to sue in court and have a jury trial.

The arbitration shall be commenced and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer-Related Disputes or AAA Consumer Rules.

This information is available on the AAA website: www.adr.org.

Your arbitration fees and your share of the arbitrator’s award will be governed by and, where applicable, limited by the AAA’s Consumer Rules. If the arbitrator determines that such costs are excessive, we will pay all arbitration fees and expenses.

The arbitration may be conducted in person, by filing documents, by telephone, or online. The arbitrator will decide in writing but will not need to provide a statement of reasons unless requested by either Party.

The arbitrator must comply with applicable law, and any award may be challenged if the arbitrator fails to do so.

Except as otherwise required by applicable AAA rules or applicable law, the arbitration will be conducted in the United States, Delaware.

Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award rendered by the arbitrator.

If for any reason, a Dispute is conducted in court rather than arbitration, the Dispute will be commenced or prosecuted in the state and federal courts located in the United States, Delaware, and the Parties hereby consent and waive all defenses of lack of personal jurisdiction and venue convenience with respect to venue and venue in such state and federal courts.

The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) are excluded from these Terms of Use.

If this provision is found to be illegal or unenforceable, neither Party shall elect to arbitrate any Dispute falling within that portion of this provision that is found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the maximum extent permitted by law, the following RESTRICTIONS are established:

  1. No arbitration shall be combined with any other proceeding
  2. There is no right or authority for any Dispute to be arbitrated on a class action basis or to use class action procedures
  3. There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the public or any other person.

The Parties agree that the following Disputes are not subject to the foregoing provisions regarding binding arbitration and count as EXCEPTIONS:

  1. Any Dispute seeking to enforce or protect, or concerning the validity of, any of a Party’s intellectual property rights.
  2. Any Dispute relating to, or arising out of, allegations of theft, hacking, invasion of privacy, or unauthorized use.
  3. Any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, then neither Party shall elect to arbitrate any Dispute that falls within the portion of this provision that is determined to be illegal or unenforceable and such Dispute shall be resolved by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

The site is provided on an “as is” and “as available” basis. You agree that your use of the site and our services is at your own risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use of it, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no representations or representations about the accuracy or completeness of the site’s content, or the content of any website linked to the site, and we will not assume any responsibility or liability for

  1. Errors, mistakes, or inaccuracies in content and materials.
  2. Personal injury or property damage, of whatever nature, resulting from your access to and use of the site.
  3. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.
  4. Any interruption or cessation of transmission to or from the Site.
  5. Any bugs, viruses, Trojan horses or the like may be transmitted to or through the site by any third party.
  6. Any errors or omissions in any content and materials or for any loss or damage of any kind incurred because of the use of any content posted, transmitted, or otherwise made available through the site.

We do not warrant, endorse, or assume responsibility for any products or services advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application that appears in any banner or other advertisement, and we will not be a party to or responsible in any way for monitoring any transaction between you and any third-party provider of products or services. As with purchasing a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUES, LOST DATA, OR OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, shall at all times be limited to the amount paid, if any, by you to us during the six (6) month period preceding any cause of action arising. Certain U.S. state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all the above disclaimers or limitations may not apply to you, and you may have additional rights.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  1. Use of the Site.
  2. Breach of these Terms of Use.
  3. Any breach of your representations and warranties set forth in these Terms of Use.
  4. Violation of the rights of a third party, including, but not limited to, intellectual property rights.
  5. Any manifest harmful act toward any other user of the Site with whom you have connected through the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

These Terms of Use and your use of the Site are governed by the laws of the State of Delaware applicable to agreements entered and to be performed in their entirety in such State, without regard to its conflict of law principles.

The Site is not designed to comply with industry-specific regulations (Health Insurance Portability and Accountability Act [HIPAA], Federal Information Security Management Act [FISMA], etc.), so if your interactions are subject to such laws, you may not use this Site.

Any claims or causes of action arise directly or indirectly out of or relating to the Terms or the Site (including those relating to the purchase of Optimum Internet products through the Site) must commence within one (1) year after the cause of action or claim arises.

You may not use the Site in a manner that violates the Gramm-Leach-Bliley Act (GLBA).

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You agree to receive electronic communications and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication be in writing.

You consent to the use of electronic signatures, contracts, orders, and other records, and the electronic delivery of notices, policies, and records of transactions initiated or completed by us or through the Site.

You hereby waive any rights or requirements under any statute, regulation, rule, ordinance, or other law in any jurisdiction that requires an original signature or the delivery or retention of non-electronic records, or payments or granting of credits by any means other than electronic.

 Optimum Internet‘s failure to enforce any part of the Terms shall not constitute a waiver by Optimum Internet of any of the rights granted to it in such Terms to take any past or future action on behalf of any person. Neither the receipt of funds by Optimum Internet nor a person’s reliance on Optimum Internet‘s actions shall be deemed grounds for waiver or waiver of any part of the Terms. Only an express written waiver or waiver signed by an authorized representative of Optimum Internet shall have legal effect in this regard.

These Terms of Use are fully permitted by law. We may assign any or all of our rights and obligations to third parties at any time. We will not be liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

If any provision or part of the provision of these Terms of Use is determined to be illegal, void, or unenforceable, such provision, or part of the provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

No joint venture, partnership, employment, or agency relationship is created between you and us because of these Terms of Use or use of the Site.

You agree that these Terms of Use shall not be construed against us because of your drafting of these Terms of Use. You hereby waive all the defenses you may have based on the electronic form of these Terms of Use and the failure of the parties to sign in to execute these Terms of Use.

If any complaint you have made to us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:

Optimum Internet:

1625 North Market Blvd

Suite N 112

Sacramento, California 95834

Call:

(800) 952-5210

(916) 445-1254

If these Terms do not answer your questions or if you would like to resolve a complaint regarding the Site or receive further information about using the Site or our code of conduct, please contact:

Optimum Internet:

16192 Coastal Highway

Lewes, Delaware 19958

United States

Call:

855-203-7216

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