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 Access Networks, LLC. offers its Subscribers the means
to acquire and disseminate a wealth of public, private, commercial
and non-commercial information. Fidelity Access Networks wants
its Subscribers to be fully informed of their rights and obligations,
as well as those of Fidelity Access Networks, 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 Access Networks or by using the Fidelity
Access Networks network, services or facilities. Fidelity Access
Networks may, at it's discretion, supply one or more documents
requesting a signature of acceptance for these policies. Fidelity
Access Networks reserves the right to post changes and/or additions
to this Terms Of Service at any time without prior notice.
Fidelity
Access Networks 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 Access Networks
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 Access Networks
Terms Of Service using any Fidelity Access Networks account
or who
establishes an account with Fidelity Access Networks 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
Access Networks 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 Access Networks 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 Access Networks 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 Access Networks 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 Access Networks 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 Access
Networks network, services or facilities may reach a large number
of people, including both Subscribers and non-Subscribers of
Fidelity Access Networks and may cause harm to Fidelity Access
Networks's good name, reputation or operations. Subscribers are
in violation of Fidelity Access Networks policy and the Fidelity
Access Networks 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 Access
Networks's reputation. SPAM may require intervention by our
staff in order to ensure efficient use of the Fidelity Access
Networks
network, services or facilities by its Subscribers. As a result,
the process of purging the Fidelity Access Networks network,
services or facilities of SPAM caused by any Fidelity Access
Networks Subscriber is billable to the offending Subscriber
at the rate of $100.00 per hour. Fidelity Access Networks 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 Access Networks 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 Access Networks 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 Access Networks
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 Access Networks
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
Access Networks network, services or facilities, whether lawful
or unlawful, that Fidelity Access Networks determines to be harmful
to Fidelity Access Networks, 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 Access Networks or any other services available on
the Internet, may be in violation of Fidelity Access Networks
policy or the Fidelity Access Networks Terms Of Service Agreement.
Subscribers are encouraged to employ courtesy, fairness and common
sense and to act responsibly when using Fidelity Access Networks'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
Access Networks may monitor the communications of its Subscribers
to ensure that they comply with the Fidelity Access Networks
Terms Of Service, the Fidelity Access Networks 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 Access Networks and its Subscribers. Fidelity
Access Networks 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 Access Networks
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 Access Networks 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 Access
Networks urges its Subscribers to assume that all of their
on-line
communications are insecure. Fidelity Access Networks cannot
take any responsibility for the security of communications
transmitted using Fidelity Access Networks's networks, services
or facilities.
Fidelity Access Networks will comply fully, however, with
all applicable laws concerning the privacy of its Subscribers'
on-line communications. Fidelity Access Networks 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 Access Networks deems such
disclosure
is necessary to ensure the availability, usability and proper
function of the networks, services or facilities used by
Fidelity Access Networks and its Subscribers or to assist a
debt collections
agency of Fidelity Access Networks's choosing for the purpose
of collecting a past due debt owed to Fidelity Access Networks
by the Subscriber. Fidelity Access Networks 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 Access Networks is aware
that many of its Subscribers are, themselves, providers of Internet
services, and that information reaching Fidelity Access Networks's
facilities from those Subscribers may have been originated by
customers of those Subscribers or other third parties. Fidelity
Access Networks 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 Access Networks Terms Of Service and Acceptable
Use Policy. Fidelity Access Networks expects that Subscribers
who offer Internet services will cooperate with Fidelity Access
Networks in any corrective action that Fidelity Access Networks
deems necessary, in order to correct and prevent the transmission
of material that is harmful to Fidelity Access Networks or its
Subscribers. Failure to cooperate with such corrective or preventive
measures is a violation of Fidelity Access Networks's Terms Of
Service. Fidelity Access Networks expects that its Subscribers
who provide Internet services to others will cooperate with Fidelity
Access Networks in any corrective action that Fidelity Access
Networks 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 Access Networks Terms Of Service. SECTION 7
- BILLING, TERM & TERMINATION: Fidelity Access
Networks generally bills for services monthly, on the date the
service is activated. If a Subscriber is under contract with
Fidelity Access Networks for an extended period of time or for
a prepaid period of service, Fidelity Access Networks 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 Access Networks 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 Access Networks 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 Access Networks
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 Access Networks due to
insufficient funds or is marked "NSF", Fidelity Access
Networks will assess to the Subscriber's account a returned
check fee in the amount of twenty ($20.00) US dollars. Fidelity
Access
Networks 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 Access Networks
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 Access Networks 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 Access Networks 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 Access Networks
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
Access Networks 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 Access Networks 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 Access Networks to the account's designated
billing e-mail address will be acknowledged by the Subscriber
as the complete fulfillment of Fidelity Access Networks'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 Access Networks 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 Access Networks Terms
Of Service.
All additions, modifications, transfers or cancellations to
any service or account which has been initiated, established
or maintained
with Fidelity Access Networks must be initiated only by the
fully authorized account holder and only via live, interactive
voice
telephone communication with a representative of the Fidelity
Access Networks 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 Access Networks 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 Access
Networks
products or services. If Fidelity Access Networks cancels a
Subscribers service or account due to a violation of the Fidelity
Access
Networks 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
Access
Networks 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 Access Networks may, from time-to-time, review individual
personal and commercial web sites and their content. Content
deemed by Fidelity Access Networks to be in violation of the
Fidelity Access Networks Terms Of Service, may be removed without
prior warning or notice. Content suspected by Fidelity Access
Networks 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 Access Networks will
assist authorities in any way necessary to secure a conviction
of any offender of a law or legal statute. SECTION 9 - INDEMNIFICATION: Fidelity Access Networks wishes
to emphasize that in opening an account with Fidelity Access
Networks, Subscribers indemnify Fidelity Access Networks for
any violation of this Terms Of Service document, or of law or
Fidelity Access Networks policy, that results in loss to Fidelity
Access Networks or the bringing of any claim against Fidelity
Access Networks. This means that if Fidelity Access Networks
is held liable because of activities of the Subscriber that violate
any law or the Fidelity Access Networks Terms Of Service, the
Subscriber will pay any damages awarded against Fidelity Access
Networks, plus costs and reasonable attorneys fees. We hope this policy statement is helpful in clarifying the obligations
of Internet users, Fidelity Access Networks 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 Access Networks 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. |