Terms of Service (TOS) &
Acceptable Use Policy (AUP)

All customers are directed to read our "Terms of Service & Acceptable Use Policy" upon signing up with our service. By using our service, our customers acknowledge and agree to abide by the terms and conditions within. If you ever have any questions regarding these terms or our service, please contact us.

INTERNET TERMS OF SERVICE &
ACCEPTABLE USE POLICY

SECTION 1 - GENERAL: As an Internet service provider ("ISP"), Fidelity Voice and Data, LLC. offers its Subscribers the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Fidelity Voice and Data wants its Subscribers to be fully informed of their rights and obligations, as well as those of Fidelity Voice and Data, in connection with their use of the Internet. This Terms Of Service is intended as a guide to inform you of those rights and obligations. You will indicate your acceptance of these policies by maintaining an account with Fidelity Voice and Data or by using the Fidelity Voice and Data network, services or facilities. Fidelity Voice and Data may, at it's discretion, supply one or more documents requesting a signature of acceptance for these policies. Fidelity Voice and Data reserves the right to post changes and/or additions to this Terms Of Service at any time without prior notice. Fidelity Voice and Data recommends you review the Terms Of Service posted on our web site on a regular basis, and be aware of any and all changes and/or updates to this document. Fidelity Voice and Data reserves the right to cancel any account at any time, for any reason, including but not limited to violation of our Terms Of Service. Persons inquiring about an existing account or service, or wishing to sign up for a new account or service, must be 18 years of age or older. The parent or legal guardian of any underage person who is in violation of the Fidelity Voice and Data Terms Of Service using any Fidelity Voice and Data account or who establishes an account with Fidelity Voice and Data will be held responsible for any damage, penalties and/or account charges incurred.

SECTION 2 - INTERNET CONTENT: The fundamental fact about the Internet is that no one owns or controls it. This fact accounts for much of the Internet's value but it also places a high premium on the judgment and responsibility of those who use it, both in the information they may acquire and/or access and in the information they may store, disseminate, make available or otherwise transfer to others. Subscribers must understand that Fidelity Voice and Data cannot monitor, verify, warrant or vouch for the accessibility, accuracy, quality, suitability, intent, authenticity, security or effect of the data, information, programs and/or machine code that they may acquire and/or access. For these reasons, Subscribers must exercise his or her best judgment in relying on information obtained from and/or accessed using the Internet and should be aware that some material and/or activity present on the Internet may be intrusive, sexually explicit, compromising, damaging or otherwise offensive. Fidelity Voice and Data will therefore not accept any responsibility or liability for intrusive, compromising, damaging, inaccurate, unsuitable or offensive Internet media and/or communications nor will it accept responsibility or liability for any damage and/or loss incurred as a result of such activities and/or events. Fidelity Voice and Data does not filter web content. It is the responsibility of the Subscriber to filter their own web content, if desired.

SECTION 3 - SUBSCRIBER CONDUCT: Fidelity Voice and Data is not liable for any information its Subscribers may create, disseminate or otherwise transfer. Subscribers are wholly responsible for any and all information they may create, disseminate or otherwise transfer using the Fidelity Voice and Data network, services or facilities and are encouraged to become familiar with all laws and regulations pertaining to copyright infringement, intellectual property, fraudulent or malicious acts as well as hateful, defamatory and other harmful forms of speech. Information disseminated or otherwise transferred through the use of the Fidelity Voice and Data network, services or facilities may reach a large number of people, including both Subscribers and non-Subscribers of Fidelity Voice and Data and may cause harm to Fidelity Voice and Data's good name, reputation or operations. Subscribers are in violation of Fidelity Voice and Data policy and the Fidelity Voice and Data Terms Of Service agreement when they, their affiliates or subsidiaries engage in any of the following activities:

a. Distribution of Unsolicited Bulk Messages (Spamming) - The practice of mass distribution of unsolicited messages using e-mail or other message posting technologies (commonly known as "spamming") is strongly disfavored among both Internet users and Internet service providers. Subscribers who engage in the practice of sending or posting unsolicited mass messages are in violation of our Terms Of Service and may cause harm to Fidelity Voice and Data's reputation. SPAM may require intervention by our staff in order to ensure efficient use of the Fidelity Voice and Data network, services or facilities by its Subscribers. As a result, the process of purging the Fidelity Voice and Data network, services or facilities of SPAM caused by any Fidelity Voice and Data Subscriber is billable to the offending Subscriber at the rate of $100.00 per hour. Fidelity Voice and Data will terminate its services for anyone directly or indirectly participating in this activity without warning or notice.

b. Copyright Infringement - Subscribers who infringe upon copyrights held by individuals, corporations or any other entity might also be held civilly and/or criminally liable for such acts.

c. Storage, Distribution or Transfer of Obscene or Indecent Material - Subscribers who store, distribute or transfer indecent or obscene material using the Fidelity Voice and Data network, services or facilities may be found to be civilly and/or criminally liable for such acts. Subscribers are encouraged to become familiar with any obscenity or indecency laws that may be applicable to them, their community or audience.

d. Storage, Distribution or Transfer of Defamatory or Hateful Material - Subscribers who store, distribute, make available or otherwise transfer defamatory or hateful material using the Fidelity Voice and Data network, services or facilities may be found to be civilly and/or criminally liable for such acts.

e. Illegal or Unauthorized Access to Other Computers, Devices, Networks, Services or Systems - Subscribers who illegally or otherwise access other computers, networks or systems without authorization (commonly known as "hacking") may be found to be civilly and/or criminally liable for such acts. Such acts may also include, but are not limited to, the creation, storage, distribution or transfer of computer viruses, worms, remote administration software (commonly known as "Trojan horse programs") or other destructive, invasive, malicious or frivolous activities using the Fidelity Voice and Data network, services or facilities.

f. Export Control Violations - Subscribers who illegally store, distribute, make available or otherwise transfer certain types of software or technology using the Fidelity Voice and Data network, services or facilities and are in violation of United States Export Control laws may be found to be civilly and/or criminally liable for such acts.

Subscribers who engage in any other activities using the Fidelity Voice and Data network, services or facilities, whether lawful or unlawful, that Fidelity Voice and Data determines to be harmful to Fidelity Voice and Data, its officers, employees, Subscribers, operations, good name or reputation, including any activities that restrict or inhibit any other user from using or enjoying the network, services or facilities owned, operated or provided by Fidelity Voice and Data or any other services available on the Internet, may be in violation of Fidelity Voice and Data policy or the Fidelity Voice and Data Terms Of Service Agreement. Subscribers are encouraged to employ courtesy, fairness and common sense and to act responsibly when using Fidelity Voice and Data's networks, services or facilities.

SECTION 4 - NETWORK MONITORING: The responsibility for avoiding any and all potential or actual harmful events, practices, persons or activities rests primarily with the Subscriber. However, Fidelity Voice and Data may monitor the communications of its Subscribers to ensure that they comply with the Fidelity Voice and Data Terms Of Service, the Fidelity Voice and Data Privacy Policy and/or applicable laws, practices or procedures which may be implemented in order to protect and ensure the availability, usability and proper function of the networks, services or facilities used by Fidelity Voice and Data and its Subscribers. Fidelity Voice and Data reserves the right to remove information that violates its policies, implement devices designed to block offending transmissions, persons, organizations, networks, services, devices or entities and/or take any other action Fidelity Voice and Data deems appropriate or necessary to protect and ensure compliance with its policies or to protect its good name and reputation, including termination of a Subscriber's account without notice or refund.

SECTION 5 - SUBSCRIBER INFORMATION & PRIVACY: Fidelity Voice and Data is concerned with the privacy of on-line communications. Generally, the Internet is no more or less secure than other communications media, including postal mail, facsimile or voice telephone services, all of which can be intercepted or otherwise compromised. As a matter of prudence, however, Fidelity Voice and Data urges its Subscribers to assume that all of their on-line communications are insecure. Fidelity Voice and Data cannot take any responsibility for the security of communications transmitted using Fidelity Voice and Data's networks, services or facilities. Fidelity Voice and Data will comply fully, however, with all applicable laws concerning the privacy of its Subscribers' on-line communications. Fidelity Voice and Data will not intentionally disclose to any outside entity or third party, any private electronic mail messages sent or received by a Subscriber or any personal information about the Subscriber unless it is required to do so by law or unless Fidelity Voice and Data deems such disclosure is necessary to ensure the availability, usability and proper function of the networks, services or facilities used by Fidelity Voice and Data and its Subscribers or to assist a debt collections agency of Fidelity Voice and Data's choosing for the purpose of collecting a past due debt owed to Fidelity Voice and Data by the Subscriber. Fidelity Voice and Data may, from time to time, be required to disclose information transmitted through its facilities in order to comply with court orders, statutes, regulations or governmental requests.

SECTION 6 - NON-EXCLUSION: Fidelity Voice and Data is aware that many of its Subscribers are, themselves, providers of Internet services, and that information reaching Fidelity Voice and Data's facilities from those Subscribers may have been originated by customers of those Subscribers or other third parties. Fidelity Voice and Data does not require its Subscribers who offer Internet services to monitor or censor transmissions created by customers of its Subscribers. However, these customers are still bound by the Fidelity Voice and Data Terms Of Service and Acceptable Use Policy. Fidelity Voice and Data expects that Subscribers who offer Internet services will cooperate with Fidelity Voice and Data in any corrective action that Fidelity Voice and Data deems necessary, in order to correct and prevent the transmission of material that is harmful to Fidelity Voice and Data or its Subscribers. Failure to cooperate with such corrective or preventive measures is a violation of Fidelity Voice and Data's Terms Of Service. Fidelity Voice and Data expects that its Subscribers who provide Internet services to others will cooperate with Fidelity Voice and Data in any corrective action that Fidelity Voice and Data deems necessary and comply fully with all applicable laws concerning the privacy of on-line communications. Any Subscriber's failure to comply with those laws is also a violation of the Fidelity Voice and Data Terms Of Service.

SECTION 7 - BILLING, TERM & TERMINATION: Fidelity Voice and Data generally bills for services monthly, on the date the service is activated. If a Subscriber is under contract with Fidelity Voice and Data for an extended period of time or for a prepaid period of service, Fidelity Voice and Data will bill in accordance with the timetable relevant to the contract or term period. All refunds are issued upon request. Should a Subscriber cancel the service within seventy two (72) hours of service activation, they are eligible for a full refund. Should a Subscriber cancel the service after seventy two (72) hours, and they are not bound by a signed service contract, they are eligible for a refund not to exceed the amount of the unused portion of service. Should a Subscriber who has a signed and executed service contract with Fidelity Voice and Data wish to cancel the service, the signed service contract takes precedence over this document in regard to cancellation terms. Subscribers who are eligible and request a credit or refund must allow five business days for the processing of their credit or refund request. Payment of any amount billed by Fidelity Voice and Data to its residential Subscribers is normally due no later than seven (7) calendar days from the bill date. Payment of any amount billed by Fidelity Voice and Data to its corporate Subscribers is normally due no later than fifteen (15) calendar days from the bill date. Accounts for which payment in full has not been received by the due date will be considered to have become past due. All billing statement totals are in denominations of US dollars and all payments due or past due must be submitted in denominations of US dollars. If a Subscriber's check payment is returned to Fidelity Voice and Data due to insufficient funds or is marked "NSF", Fidelity Voice and Data will assess to the Subscriber's account a returned check fee in the amount of twenty ($20.00) US dollars. Fidelity Voice and Data designates both a billing e-mail address and a billing postal mailing address for all accounts. The designated billing e-mail address is the address to which Fidelity Voice and Data will attempt to deliver each billing statement generated for the Subscriber's account. In general, the designated billing e-mail address is the first or oldest active e-mail address established or listed in the Fidelity Access Networks billing system under any new or preexisting account. Subscribers may request only via live, interactive voice telephone communication with a representative of the Fidelity Voice and Data Customer Care department that a particular e-mail address of their own choosing be designated as the billing e-mail address for their account or they may request to have their billing e-mail address forwarded to a different e-mail address. Fidelity Voice and Data will attempt to send an electronic copy of each billing statement to the designated billing e-mail address for each account. It is the responsibility of each Subscriber to know the designated billing e-mail address for their account and to retrieve the Fidelity Voice and Data billing statements in a timely manner from the e-mail account associated with the designated billing e-mail address for their account. If a Subscriber is unable to retrieve their Fidelity Voice and Data billing statement from the designated billing e-mail address for their account at any time or for any reason, it is the responsibility of the Subscriber to personally notify a representative of the Fidelity Access Networks Customer Care department only via live, interactive voice telephone communication of this condition and to request that the current amount due or past due for their account to be verbally given to them by the representative. Fidelity Voice and Data may also issue printed, hard copy billing statements as an added convenience for some accounts. However, if a printed, hard copy billing statement for any account is for any reason undeliverable, returned, illegible or otherwise not received by the Subscriber, the billing statement sent by Fidelity Voice and Data to the account's designated billing e-mail address will be acknowledged by the Subscriber as the complete fulfillment of Fidelity Voice and Data's entire responsibility to make reasonable efforts to notify the Subscriber of any amount due or past due. Failure by any Subscriber to notify a representative of the Fidelity Voice and Data Customer Care department via live, interactive telephone communication of any changes to their contact information, including full name, postal mailing address, daytime telephone number or billing e-mail address, is a violation of the Fidelity Voice and Data Terms Of Service. All additions, modifications, transfers or cancellations to any service or account which has been initiated, established or maintained with Fidelity Voice and Data must be initiated only by the fully authorized account holder and only via live, interactive voice telephone communication with a representative of the Fidelity Voice and Data Customer Care department. Any service or account requested to be canceled will be given an effective date of cancellation. The cancellation of any service or account will be confirmed and finalized only by the absence of any amount due or past due for the canceled service as shown on the billing statement generated on the account's next scheduled billing date following the effective date of cancellation for that service or account. The Subscriber is free of further obligation to pay for canceled services only when all current due or past due amounts for the canceled service have been paid. Fidelity Voice and Data may suspend the use of its networks, services or facilities for any account that has become past due and reserves the right to cancel any account which has become past due without prior notice or warning and reserves the right to deny future service to any Subscriber who has a prior history of non-payment for Fidelity Voice and Data products or services. If Fidelity Voice and Data cancels a Subscribers service or account due to a violation of the Fidelity Voice and Data Terms Of Service, any amount owed or paid to Fidelity Access Networks may not be credited or refunded or, if a credit or refund has already been issued such credit or refund may be revoked. If a Subscribers account becomes past due Fidelity Voice and Data reserves the right to refer any information obtained about the account holder, Subscribers using the account or any other information it can obtain relating to the past due account to one or more third party debt collections services of its choosing. Negative information regarding the Subscriber's credit worthiness may be placed in the Subscriber's credit history files as a result of such referral.

SECTION 8 - PERSONAL WEB SPACE: Personal web space offered with consumer accounts are for personal, non-commercial use only. Subscribers may not use their personal web space to display any item for sale and/or any other content that solicits or encourages a commercial transaction of any type, without regard for the presence or existence of any associated legal business registration, trade name, service mark, partnership, proprietorship or incorporation, including home-based, non-profit and for-profit commercial enterprises. Fidelity Voice and Data may, from time-to-time, review individual personal and commercial web sites and their content. Content deemed by Fidelity Voice and Data to be in violation of the Fidelity Voice and Data Terms Of Service, may be removed without prior warning or notice. Content suspected by Fidelity Voice and Data to be in violation of any applicable law or statute (such as child pornography or other harmful, hateful or defamatory material) will be removed without warning or notice and reported to law enforcement authorities. Fidelity Voice and Data will assist authorities in any way necessary to secure a conviction of any offender of a law or legal statute.

SECTION 9 - INDEMNIFICATION: Fidelity Voice and Data wishes to emphasize that in opening an account with Fidelity Voice and Data, Subscribers indemnify Fidelity Voice and Data for any violation of this Terms Of Service document, or of law or Fidelity Voice and Data policy, that results in loss to Fidelity Voice and Data or the bringing of any claim against Fidelity Voice and Data. This means that if Fidelity Voice and Data is held liable because of activities of the Subscriber that violate any law or the Fidelity Voice and Data Terms Of Service, the Subscriber will pay any damages awarded against Fidelity Voice and Data, plus costs and reasonable attorneys fees.

We hope this policy statement is helpful in clarifying the obligations of Internet users, Fidelity Voice and Data and its Subscribers. However, if you do not agree with this Terms Of Service and Acceptable Use Policy, you may cancel your account at any time in accordance with the policies defined within this document.

Fidelity Voice and Data is a full service provider and we want to provide a safe and fun atmosphere for your internet travels. If you have any questions regarding our policies or feel that we have left out something of material importance, please contact us.