Internet Terms of Service
THESE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF INTERNET SERVICE PROVIDED BY FIDIUM (“WE”, “US” OR “FIDIUM”). THIS DOCUMENT IS A LEGALLY BINDING AGREEMENT THAT DESCRIBES THE TERMS AND CONDITIONS PURSUANT TO WHICH FIDIUM WILL PROVIDE ITS CUSTOMERS (“YOU” OR “CUSTOMER”) WITH THE SERVICE AND ANY RELATED SOFTWARE AND EQUIPMENT.
PLEASE READ THEM CAREFULLY
1. AVAILABILITY OF AND CHANGES TO SERVICE & PROMOTIONS
1.1. Service and Bandwidth Availability and Speed. The Service you select may not be available in all areas or at the rates, speeds, or bandwidth generally marketed, and some locations may not qualify for the Service even if initial testing showed that your line was qualified. We will provision Service using the maximum bandwidth rate available to your location based on our standard qualification procedures, unless you have selected a level of service with a lower maximum rate. Bandwidth is provided on a per-line (not a per-device) basis. The bandwidth available to each device connected to the network will vary depending upon the number, type and configuration of devices using the Service and the type of use (e.g., streaming media), among other factors. The speed of the Service will vary and the actual data transfer or “throughput” may be lower than your gateway sync-rate based on many factors including, but not limited to, network or Internet congestion, the distance and quality of the inside wire used to extend from the network internet device (NID) to the jack location where your gateway is based, the quality and distance of the Local Area Network (LAN) wired connection from the gateway to your device, your device’s processing power or other limitations or configurations, the building materials used in your home, the number of devices or data streams simultaneously using the connection, and spectral interference, if you are connecting to a gateway using a wireless network. Fidium and Fidium’s suppliers reserve the right, at any time, with or without prior notice to you, to restrict or suspend the Service to perform maintenance activities and to maintain session control.
1.2. Promotions & Price Lock. Promotional rates reflect a discount on the monthly base rate for the service and base rates may be subject to change at any time. If base rates change during a new customer’s promotional discount period, the promotional discount amount will be adjusted to match the amount of any increase in base rates to preserve the Price Lock promotion for the duration of the promotional period.
2.1. Use of Leased Equipment. Customers are required to participate in the leased Equipment program, known as Network Care, including one wireless gateway and up to two wireless extenders for a monthly recurring charge (MRC). Standard pricing will be applicable at the time of placing the Service order. Additional wireless extenders, if needed, are available to lease for an additional monthly charge per extender.
The leased equipment is the property of Fidium. Upon cancellation of Service and unless your Service plan provides for a different period of return, the customer must return the leased Fidium wireless gateway within 10 business days to avoid additional charges for the Equipment.
Customer shall be liable for the undepreciated list price for any unreturned Equipment. For Customers participating in a leased gateway/extender program, Fidium will repair or replace any damaged leased Equipment (e.g., wireless gateway, wireless extender) at no cost to you; however, Fidium does reserve the right to charge you for the undepreciated list price of the Equipment, not repair the Equipment, and/or terminate the Service for damaged Equipment that is caused, in Fidium’s sole discretion, by the intentional or repeated careless or negligent acts or omissions of you or a third party.
Any Equipment received may be new, repaired, or refurbished. You must subscribe to the Service to participate in the leased Equipment program. Shipping charges will be incurred by you for the mailing of damaged Equipment, Equipment needing repair, or when returning Equipment, unless Fidium provides you with a pre-paid shipping label. If installation of Equipment is completed by Fidium, an installation charge will also apply to you, unless otherwise agreed to by Fidium or waived as part of a promotion or plan.
For Customers that subscribe to the leased Equipment program, troubleshooting and related support is limited to diagnosing the cause or suspected cause of any wireless gateway or wireless extender performance issues and excludes any troubleshooting and support of your computer or other device and any wiring (whether directly or indirectly related to the gateway). Any available technical support beyond diagnosing the cause or suspected cause is a chargeable service. To properly troubleshoot a gateway or extender performance issue, Fidium may require that you replace the current wiring to ensure proper compliance with the gateway specifications or industry standard guidelines for optimum performance as part of the troubleshooting process and prior to any repair or replacement of a gateway and/or extender.
2.2. Use of Customer Provided Equipment. Fidium shall have no obligation to provide, maintain or service Customer Provided Equipment, including without limitation modems/routers/gateways, or wireless extenders. If you install or use Customer Equipment (“Nonstandard Equipment”) (i) you will not be entitled to any customer support relating to the Nonstandard Equipment, and (ii) the following limitation of liability shall apply: NEITHER FIDIUM NOR ANY OF ITS AFFILIATES OR AGENTS WARRANT THAT THE NONSTANDARD EQUIPMENT WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE OR USE THE SERVICES. YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION OR USE COULD CAUSE DAMAGE TO THE NONSTANDARD EQUIPMENT. NEITHER FIDIUM NOR ANY OF ITS AFFILIATES OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. THE FOREGOING IS IN ADDITION TO AND SHALL NOT LIMIT ANY OTHER LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT.
3. SOFTWARE LICENSES AND THIRD-PARTY SERVICES.
3.1. We may provide you, for a fee or at no charge, Software for use in connection with the Service. We reserve the right periodically to update, upgrade or modify the Software remotely or otherwise and to make related changes to the settings and software on your computer, tablet or other device or your Equipment, and you agree to permit such changes and access to your device and Equipment. You may use the Software only in connection with the Service and for no other purpose.
3.2. Certain Software may be accompanied by an end user license agreement (“EULA”) from Fidium or a third party. Your use of the Software is governed by the terms of that EULA and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms of the EULA. Violation of the terms or conditions of the EULA may, in our discretion, result in the termination of your Service.
3.3. For Software not accompanied by a EULA, you are hereby granted a revocable, non-exclusive, non-transferable license by Fidium or its applicable third-party licensor(s) to use the Software (and any modifications, updates and upgrades thereto). You may not make any copies of the Software. You agree that the Software is confidential information of Fidium or its third-party licensors and that you will not disclose or use the Software except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by Fidium or its third-party licensors. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that Fidium or its third-party licensors continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any modifications, updates and upgrades to it. The Software may be used in the United States only, and any export of the Software is prohibited.
3.4. Your license to use the Software or any ancillary subscription services will remain in effect until terminated by Fidium or its third-party licensors, or until your Service is terminated. Upon termination of your Service, you must cease all use of and immediately delete the Software from your computer or other device.
4. MANAGEMENT OF YOUR DATA AND COMPUTER.
4.1. Your Responsibilities Regarding Management of Your Computer and Data. You acknowledge that the installation, inspection, maintenance, repair, and/or removal of Equipment and Software could result in service outages or potential damage to your device, computer network and/or the contents thereof. Accordingly, you agree that you are solely responsible for obtaining, maintaining and updating all Equipment and Software necessary to use the Service, and for management of your information, including but not limited to back-up and restoration of your data. YOU AGREE THAT FIDIUM IS NOT RESPONSIBLE FOR THE LOSS OF YOUR DATA OR FOR THE BACK-UP OR RESTORATION OF YOUR DATA REGARDLESS OF WHETHER THIS DATA IS HOSTED OR MAINTAINED ON OUR SERVERS, A THIRD-PARTY’S SERVERS OR YOUR DEVICE(S). YOU SHOULD ALWAYS BACK-UP ANY IMPORTANT INFORMATION SEPARATELY FROM DATA STORED ON FIDIUM’S OR ANY THIRD PARTY’S SERVERS.
4.2. Content and Data Management by Fidium. We reserve the right to: (a) use, copy, display, store, transmit and reformat data transmitted over our network and to distribute such content to multiple Fidium servers for back-up and maintenance purposes; and (b) block or remove any unlawful content you store on or transmit to or from any Fidium server. We do not guarantee the protection of your content or data located on our servers or transmitted across our network (or other networks) against loss, alteration or improper access.
4.3. Your Responsibilities Regarding Security. Unless otherwise prohibited by law, you agree that you are solely responsible for maintaining the security of your computer or other device and the security of your data, including without limitation, encryption of data and protection of your User ID, password and personal and other data. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL SECURITY SOFTWARE. IT IS ALSO YOUR RESPONSIBILITY TO SECURE YOUR NETWORK.
4.4. Monitoring of Network Performance by Fidium. We automatically measure and monitor network performance and the performance of your Internet connection and our network. We also will access and record information about your computer or other device and your Equipment’s profile and settings and the installation of Software we provide. You agree to permit us to access your computer or other device and your Equipment and to monitor, adjust and record such data, profiles and settings for the purpose of providing the Service. You also consent to our monitoring of your Internet connection and network performance, and to our accessing and adjusting your device’s settings, as they relate to the Service, Equipment, Software, or other services, which we may offer from time to time. We do not share information collected for the purpose of network performance monitoring or for providing customized technical support outside of Fidium or its authorized vendors, contractors and agents.
5. LIMITATIONS ON USE OF THE SERVICE.
5.1. You acknowledge and agree that Fidium (a) is not responsible for invalid destinations, transmission errors, or the corruption of your data; and (b) does not guarantee your ability to access all websites, servers or other facilities or that the Service is secure or will meet your needs.
5.2. You acknowledge that the Service will allow access to information which may be sexually explicit, obscene or offensive, or otherwise unsuitable for children. You agree that the supervision of use of the Service by children is your responsibility and that we are not responsible for access by you or any other users to objectionable or offensive content. WE STRONGLY RECOMMEND THE USE OF COMMERCIALLY AVAILABLE CONTENT FILTERING SOFTWARE.
5.3. You understand and agree that if you type a nonexistent or unavailable Uniform Resource Locator (URL) or enter a search term into your browser address bar, Fidium may present you with an advanced web search page (“AWS Page”) containing suggested links based upon the query you entered in lieu of your receiving an NXDOMAIN or similar error message. Fidium’s provision of the AWS Page may impact applications that rely on an NXDOMAIN or similar error message and may override similar browser-based search results pages. If you would prefer not to receive AWS Pages from Fidium, you should follow the opt-out instructions that are available by clicking on the “About the Search Results Page” link on our AWS Page.
5.4. You are not authorized to use any Fidium name or mark as a hypertext link to any Fidium website or in any advertising, publicity or in any other commercial manner without the prior written consent of Fidium.
5.5. You agree that Fidium assumes no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any Content, advice or opinions contained in any emails, message boards, chat rooms or community services, or in any other public services or social networks, and that Fidium does not endorse any advice or opinion contained therein, whether or not Fidium provides such service(s). Fidium does not monitor or control such services, although we reserve the right to do so.
5.6. You represent that when you transmit, upload, post or submit any Content, images or data using the Service you have the legal right to do so and that your use of such data or content does not violate the copyright or trademark laws or any other third-party rights. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA) and other applicable law, it is the policy of Fidium, in appropriate circumstances and in our sole judgment, to terminate Service provided to any Customer who infringes third party intellectual property rights, including repeat infringers. Our DMCA policy is posted on the Website.
5.7. Websites linked to or from the Service are not reviewed, controlled, or examined by Fidium and you acknowledge and agree that we are not responsible for any losses you incur or claims you may have against the owner of third-party websites. The inclusion of any linked websites or content from the Service, including websites or content advertised on the Service, does not imply endorsement of them by Fidium.