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Terms & Conditions

Last Updated: 01/01/2020

 

Website Terms of Use

 

This Website Terms and Conditions (“Agreement”) is made by and between Fidium, and its Affiliates, (collectively and individually “Fidium,” “us,” “we” and “our”) and you (“you,” “your,” or “user”). This Agreement contains the terms and conditions that govern your use of any website that displays, links, or refers to this Agreement (such websites referred to herein collectively and individually as “website,” or “this website”). Affiliates, for purposes of this Agreement, shall mean any parent or subsidiary entities and any entity controlling, controlled by or under common control of the entity, where “control” is defined as (a) the ownership of at least fifty percent (50%) of the equity or beneficial interests of such entity, (b) the right to vote for or appoint a majority of the board of directors, managers, governors or other governing body of such entity, or (c) the power to exercise a controlling influence over the management or policies of the entity.

BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE WEBSITE’S FORMS, YOU AGREE, ON YOUR OWN BEHALF PERSONALLY, AND ON BEHALF OF ANY ENTITY FOR WHICH YOU ARE AN AGENT OR YOU APPEAR TO REPRESENT, THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

FIDIUM RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN FIDIUM’S SOLE DISCRETION. CONTINUED ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “WEBSITE TERMS OF USE” HYPER-LINK LOCATED UNDER THE “TERMS AND POLICY” HYPER-LINK ON THE WEBSITE.

TERMS OF USE

ACCESS TO THIS SITE

To access this website or some of the resources it offers, including without limitation contacting Fidium, paying bills, and altering or reviewing your service, you may be asked to provide certain registration details or other information such as your name, e-mail address, physical address, phone number, account number, and other credentials. It is a condition of your use of this website that all the information you provide on this website will be correct, current, and complete. If Fidium believes the information you provide is not correct, current, or complete, Fidium has the right to refuse you access to this website or any of its resources, and to block, terminate, or suspend your access at any time.

RESTRICTIONS ON USE

You may use this website for purposes expressly permitted by this website. As a condition of your access and use of Fidium’s website, you warrant to Fidium that you will not use the website for any purpose that is unlawful or prohibited by any part of this Agreement. For example, you may not (and may not authorize any party to) (i) co-brand this website, or (ii) frame this website, without the express prior written permission of an authorized representative of Fidium. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this website or content accessible within this website. You agree to cooperate with Fidium in causing any unauthorized co-branding or framing immediately to cease. Competitors and third party aggregators may not connect “deep links” to the website, i.e., create links to this website that bypass the home page or other parts of the website without the prior written permission of Fidium.

In addition, you may not use Fidium’s website in any manner which could disable, overburden, damage, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website. You may not use scrapers, bots, spiders, or other automated tools to collect or index the content of the website without Fidium’s express prior written permission. You may not attempt to probe, scan or test the vulnerability of the website or any system to which it is connected or attempt to breach any security measures.

PROPRIETARY INFORMATION

The material and content accessible from this website, and any other website owned, operated, licensed, or otherwise controlled by Fidium, including without limitation any text, photos, videos, audio, scripts, software, markup language, or other content whether perceptible or not to a human (the “Content”) is the proprietary information of Fidium or the party that provided or licensed the Content to Fidium, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed, performed, licensed, modified, or transmitted in any way without the prior written consent of Fidium. Modification or use of the Content except as expressly provided in this Agreement violates Fidium’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by your access to or use of this website.

ADDITIONAL USE LIMITATION

You may not modify, translate, decompile, disassemble, reverse engineer, alter, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Content, software, or services obtained from or otherwise connected to Fidium’ website.

HYPER-LINKS

This website may be hyper-linked to other websites which are not maintained by, or related to, Fidium and may contain information about products or services that are not related to or endorsed by Fidium. Such links may include those labeled “special offers” or the like within the website. Hyper-links to such websites and information are provided as a service to you and are not sponsored by or affiliated with this website or Fidium. Fidium may not have reviewed any or all of such websites and information and is not responsible for the content of those websites or the descriptions of their products and services. Fidium is not responsible for webcasting or any other form of transmission received from any hyper-linked website. Hyper-links are to be accessed at your own risk and information contained therein is relied upon at your own risk, and Fidium makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the websites hyper-linked to this website or the information regarding or relating to their products and services.

SUBMISSIONS

You hereby grant to Fidium a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, use and import all content, remarks, inventions, suggestions, ideas, graphics, photos, videos, audio, text, or other information submitted to Fidium by you through this website (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Fidium may use any Submission in its business (including without limitation, for products, services, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Fidium operations. Fidium is not obligated to post or use any Submissions you may provide and if posted, may remove any Submissions at any time in Fidium’s sole discretion.

You warrant and represent that you own or otherwise control all of the rights to any Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission and grant the license you provide in accordance with this Agreement, and that the Submission will not violate any law or the rights, including without limitation the intellectual property rights, of any person or entity.

DISCLAIMERS

You understand that Fidium cannot and does not guarantee or warrant that the website or their Content, or any other files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for any reconstruction of any lost data. Fidium does not assume any responsibility or risk for your use of the website, its Content, or the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Fidium. Except as set forth in this Agreement itself, nothing on this website constitutes a guarantee, warranty, or promise of any type. The Content should not be relied upon by you or any other party for personal, medical, financial, or legal decisions and you should consult an appropriate professional for specific advice tailored to your situation.

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FIDIUM DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT RELATED TO THIS WEBSITE AND THE CONTENT. FIDIUM DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FIDIUM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND FIDIUM MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT FIDIUM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. FIDIUM MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

DISCLAIMERS AND WARRANTIES RELATED TO PRODUCTS AND SERVICES PURCHASED FROM FIDIUM ARE SUBJECT TO THEIR RESPECTIVE TERMS AND POLICIES.

All of the information in this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this website, and Fidium does not undertake any obligation to update such information after it is posted or to remove such information from this website if it is not, or is no longer accurate or complete.

Like most websites, this website is accessible worldwide. However, not all products or services offered by Fidium are available to all persons or in all geographic locations. Fidium reserves the right to limit the provision of its products to any person, geographic area, or jurisdiction and to limit the quantities of any products or services that it provides. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct.

LIMITATION ON LIABILITY

FIDIUM AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF FIDIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN RELATION TO OR REGARDING THIS WEBSITE OR ITS CONTENT. IF NO LIABILITY IS NOT ALLOWED UNDER THE APPLICABLE LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF FIDIUM AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.00 OR THE MINIMUM AMOUNT ALLOWED BY LAW, WHICHEVER IS GREATER.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, SO THE FULL SCOPE OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATIONS OF LIABILITY RELATED TO PRODUCTS AND SERVICES PURCHASED FROM FIDIUM ARE SET FORTH IN THEIR RESPECTIVE TERMS AND POLICIES.

Any cause of action against Fidium, its Affiliates, licensors, service providers, content providers, employees, agents, officers, and directors with respect to the website or its Content must be instituted within one (1) year from the date on which the claim arose.

ADDITIONAL GOVERNING TERMS AND CONDITIONS.

The website may contain additional disclosures, terms, and conditions including without limitation terms and policies regarding Internet, phone, and long distance, that are separate from this Agreement and the website’s privacy policy. This Agreement does not supersede any applicable terms or policies regarding e-billing, payment, online accounts, or Fidium products and services sold or paid for through the website. Wherever the website or other forums present additional terms and conditions, disclosures, or other agreements, you are also bound by those additional terms and, where in specific conflict with the terms and conditions of this Agreement, those additional terms shall control over the terms in this Agreement.

TERMINATION OR RESTRICTION OF ACCESS

Fidium reserves the right, in their sole discretion, to terminate your access to any or all of Fidium’s websites or any portion thereof at any time, without notice.

INDEMNITY

You will indemnify and hold Fidium, its Affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you, including any use of Content other than as expressly authorized in this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, settlements, expenses, and attorney’s fees of the Indemnified Parties in relation to your breach. You will also indemnify, including any all resulting loss, damages, judgments, awards, costs, settlements, expenses, and attorney’s fees of the Indemnified Parties, and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your breach of this Agreement or use of the website and its Content.

TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of Fidium or the party that provided the trademarks, services marks, logos, and copyrighted works to Fidium. Fidium and any party that provided trademarks, service marks, logos, and copyrighted works to Fidium retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this website.

SECURITY

Any passwords or other login credentials used for this website including, without limitation, any customer login portals are for individual use only. You will be responsible for the security of your password or other login credentials (if any) and any actions taken by you or anyone using your password or other login credentials. Fidium will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Fidium considers insecure, Fidium will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Fidium reserves the right to release your details to system administrators at other websites and law enforcement authorities in order to assist them in investigating, resolving, and prosecuting laws relating to security incidents. Fidium reserves the right to investigate suspected violations of this Agreement.

Fidium reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Fidium to disclose the identity of anyone using the website, or publishing or otherwise making available of using any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS FIDIUM AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FIDIUM OR ITS AFFILIATES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FIDIUM, ITS AFFILIATES, OR LAW ENFORCEMENT AUTHORITIES.

MISCELLANEOUS

The laws of the State of Delaware shall apply to this Agreement, without regard to any conflict of laws or provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act, and any implementations thereof in various jurisdictions and any subsequent revisions thereto, shall not apply to this Agreement. You further acknowledge that Fidium may seek equitable remedies against you such as a preliminary or permanent injunction and Fidium’s rights in its reputation and intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, damage, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.

If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable, shall be modified by the court of competent jurisdiction to reflect to the maximum extent possible the original intention of the parties as reflected by the original wording, and will not affect the validity and enforceability of any remaining provisions.

No waiver by Fidium of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of Fidium.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fidium as a result of this agreement or use of the website.

Except as set forth in this Agreement, including without limitation Section 9, this Agreement constitutes the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Fidium with respect to the website or the Content.

 

 

Terms of Service

 

THIS RESIDENTIAL SERVICES AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR USE OF SERVICES 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. 

 

This Agreement is entered into between you and Fidium and applies to all services provided to you directly by Fidium or indirectly through resale or agent arrangements that Fidium has made with third parties. The “Service” is defined collectively hereunder to include, but is not limited to high-speed Internet, Voice over IP (VoIP) telephone service, and other products and services provided to you under the Service plan applicable to your Service. The Service also includes (i) any software provided to you for use in connection with the Service which is owned by Fidium or its third party licensors, providers and suppliers (“Software”); (ii) any equipment provided to you by Fidium or its third party providers or suppliers, including without limitation wireless gateways, wireless extenders and other equipment (“Equipment”); (iii) any content provided by Fidium or its third party licensors or suppliers that is accessible on the Service, including without limitation images, photographs, animations, video, audio, music, and text in any format (“Content”); and (iv) any subscription services, technical support services, and other ancillary services provided to you by Fidium or its providers or suppliers. The Service does not include video services. 

 

This Residential Services Agreement, Fidium’s Acceptable Use Policy (“AUP”) and Privacy Policy, and other policies applicable to the Service are posted online at www.FidiumFiber.com (“Website”). Your acceptance of the Service indicates your agreement to comply with these Terms of Service, the specific terms of your Service plan, the AUP and Privacy Policy, and all other policies that relate to your use of the Service. You agree with and are deemed to have accepted this Agreement upon the earlier of: (a) submission of your order; (b) your accepting the Terms of Service electronically; (c) your use of the Service; or (d) retention of any Equipment Fidium provides beyond thirty (30) days following delivery. 

 

1. MODIFICATIONS TO THIS AGREEMENT.

From time to time, Fidium will make modifications to this Agreement and the policies relating to the Service. You will be provided notice of material modifications by: a) posting modifications to the Website; and/or b) sending an email to your primary email address on file and/or c) a message on Fidium’s bill to you. Any change will be effective when Fidium posts the changes on the Fidium Website, except where applicable law requires a notice period, in which case the change will become effective at the end of the required notice period. By entering into this Agreement, you agree to visit Fidium’s website periodically to review any such modifications. If you do not agree to the changes, you have the right to cancel Services. By continuing to use the Service after modifications are effective, you accept and agree to abide by all modifications that have been made. The updated, online version of the Agreement shall supersede any prior version of the Agreement that may have been included in any software or related materials provided by Fidium. 

 

2. AUTHORIZED USER, ACCOUNT USE, AND RESPONSIBILITIES.

2.1. Acknowledgement of Authority. You acknowledge that you are eighteen (18) years of age or older and that you have the legal authority to enter into this Agreement. If you are not the owner of the house, apartment or other premises upon which the Fidium Equipment is to be installed, you warrant that you have obtained the consent of the owner of the premises for Fidium personnel and/or its agents to enter the premises for the purposes described in this Agreement. You agree to indemnify and hold Fidium harmless from and against any claims of the owner of the premises arising out of the performance of the Agreement (including costs and reasonable attorneys’ fees).  

2.2. Installation of Service and Equipment. You authorize Fidium to make any preparations to the premises necessary for the installation, maintenance or removal of equipment. You authorize Fidium to place equipment and cables on the premises to facilitate the provision of Services to you and other locations in the area. Fidium shall not be liable for any effects of normal Service installation and workmanship, such as holes in walls, which may remain after installation or removal of the Fidium Equipment, except for damage caused by gross negligence or willful misconduct on the part of Fidium. You agree to provide Fidium access to the premises during regular business hours upon reasonable notice to install, connect, inspect, maintain, repair, replace, alter, disconnect or remove the Fidium Equipment or to install Software, to conduct service theft audits or to check for signal leakage. You agree that Fidium may have reasonable access to easements and Fidium Equipment located on the premises. 

2.3. Responsibility for Use. You are responsible for all use of your Service and account, whether by you or someone using your account with or without your permission, including all secondary or sub-accounts associated with your primary account, and to pay for all activity associated with your account. You agree to comply with all applicable laws, regulations and rules regarding your use of the Service and to only use the Service within the United States (unless otherwise permitted by this Agreement). You agree promptly to notify Consolidated whenever your personal or billing information changes. 

2.4. Restrictions on Use. The Service is a consumer grade service and is not designed for or intended to be used for any commercial purpose. You may not resell the Service, use it for high volume purposes, or engage in similar activities that constitute such use (commercial or non-commercial).  

2.5. Permission to Obtain Credit Information. You give us permission to obtain your credit information from consumer credit reporting agencies, and for us to furnish your bill payment information to consumer credit reporting agencies.  

 

3. CHANGES TO SERVICE.

3.1. Changes to Service or Features. We reserve the right to change any of the features, Content or applications of the Service at any time with or without notice to you. This includes the portal services and the home network management mobile application we may make available as part of the Service or for an additional charge. 

3.2. Force Majeure. If the performance of any obligation of Fidium or its suppliers or providers hereunder is interfered with by reason of any circumstance beyond our reasonable control, including but not limited to acts of God, labor strikes and other labor disturbances, cable cuts, power surges or interruptions or failures of electrical service, changes in laws or regulations or other actions of governmental authorities, or the act or omission of any third party, we shall be excused from such performance to the extent of such interference, provided that Fidium shall use reasonable commercial efforts under the circumstances to avoid or remove such causes of nonperformance. 

 

4. PAYMENT; CHARGES.

4.1. Billing Period. Billing for Service will automatically begin on the date provisioning of your Service is complete (“Service Ready Date”). Charges accrue through a full billing period. We may prorate or adjust a bill if the billing period covers less than or more than a full month (for this purpose, each month is considered to have 30 days). Non-recurring charges such as set up, activation and installation fees and Equipment charges will be included in your first bill, if applicable. Monthly Service recurring charges will be billed one month in advance and any usage charges will be billed in arrears. We will determine the format of the bill and the billing period, and we may change both the format and billing period from time to time. 

4.2. Money Back Guarantee. The 30-day money back guarantee (“MBG”) for your Service begins on your Service Ready Date. During this MBG period you may cancel your Service and receive a full refund of all monthly, one-time and Equipment charges paid to us (provided you return all Equipment as required in good working condition and without damage). If you fail to return the Equipment as required or if it is damaged, an Equipment fee will apply. Fees apply for any unreturned or damaged Equipment that we provide to you. The MBG does not apply to existing Fidium customers who change or renew their existing Service. The MBG is limited to one per Customer or per Service address. 

4.3. Late Payment Fees. You must pay all bills on or before the due date and in U.S. money. We do not waive our right to collect the full amount due if you pay late or you pay part of the bill, even if you write the words “Paid in full” (or similar words) on any correspondence to us. If any portion of your bill is not paid by the next due date, we may charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice. Late payment charges will not exceed the maximum amount allowed under applicable law. No late fee will be assessed upon properly disputed charges (see Section 4.5). You may set up an affordable weekly or monthly payment arrangement by calling 1.844.PAY.FIDIUM (1.844.729.3434). We reserve the right to charge a convenience fee on payments made by phone. 

4.4. Discontinuation of Service for Nonpayment. We may discontinue Service without notice if you fail to make payment when due, or if your payment method (i.e., personal check, credit or debit card) is refused for any reason. If your payment is returned for non-sufficient funds, Fidium will resubmit it electronically. A charge may apply for each payment returned. If we use a collection agency or legal action to recover monies due, you agree to reimburse us for all expenses we incur to recover such monies, including attorneys’ fees.  

4.5. Resolution of Billing Disputes. Within 30 days of the bill date of a disputed bill, we must receive from you an itemized statement in writing, which identifies the disputed charges and reasonably explains the basis of the dispute. Failure to comply with this requirement shall mean the bill is deemed to be correct and all amounts are due and payable to us. We shall review your statement and shall contact you by phone or issue a written initial determination within 30 days after receipt of your statement to set forth our proposed resolution of the dispute. If you are not satisfied with our proposed resolution, you must advise us in writing within 15 days after your receipt of our initial determination of the specific reasons for the dissatisfaction, and provide any additional information, which you deem pertinent or relevant to the dispute. Within 15 days after we receive additional information, we shall make a final determination and resolution based upon all documentation or information available to us. If you continue to withhold any disputed amount determined to be owed to us, your account shall be deemed to be past due, and subject to termination. 

4.6. Monthly and Nonrecurring Charges, Fees and Surcharges. You agree to pay the monthly and nonrecurring charges applicable to your Service, including equipment lease charges and installation fees, as well as applicable federal, state and local taxes, fees and surcharges, until canceled by you or terminated by the Company. The taxes, fees and other charges may vary on a monthly basis. Fidium will not provide advance notice of changes to taxes and surcharges except as required by applicable law. Fidium reserves the right to implement monthly administration fees and surcharges to recover the cost of business operation and expenses incurred due to state and federal mandates. These are not taxes and are not required by law, but are set by us and may change. If this occurs, each required fee will be posted fifteen (15) days in advance on our website. 

4.7. Base Rates. We may change the prices and charges for the Services from time to time. We may decrease prices without providing advance notice. Increases to the prices or charges for the Services are effective no sooner than fifteen (15) days after we post them on our website. 

 

5. TERMINATION OR SUSPENSION OF SERVICE.

5.1. Month-to-Month Accounts. Fidium Service is provided on a month-to-month basis. Either you or Fidium may terminate this Agreement at any time by giving notice to the other as set forth in this Agreement.  

5.2. Termination by Customer. You are responsible for all monthly charges, taxes, fees and surcharges billed through your Service Termination Date. Activation or set-up fees paid at the initiation of your Service, if any, are not refundable, except during the 30-day MBG period. If you wish to cancel your Service, you may do so by calling Fidium at 1.844.4.FIDIUM (1.844.434.3486).  

5.3. Termination and/or Suspension by Fidium. Fidium reserves the right to change, limit, terminate, modify or temporarily or permanently cease providing the Service or any part of it with or without prior notice in accordance with this Agreement, or if you violate any terms of this Agreement. If Fidium terminates your Service, you must immediately stop using the Service and you will be responsible for the applicable fees and/or Equipment charges billed through your Service Termination Date. If your Service is reconnected, a reconnection fee may apply. 

5.4. Return of Leased Equipment. If your Service is terminated for any reason and you received leased Equipment, you must return the Equipment to Fidium within ten (10) business days following termination or you will be charged for the Equipment, unless your Service plan provides for a different period of return. 

 

6. WARRANTIES AND LIMITATION OF LIABILITY.

6.1. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY FIDIUM (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT). FIDIUM (AND THEIR OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) AND THEIR THIRD-PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NONINFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY CONSOLIDATED OR THEIR REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED. 

6.2. FIDIUM DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF WE HAVE ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, THE CONDITION OF YOUR EQUIPMENT AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR FIDIUM SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY FIDIUM-PROVIDED EQUIPMENT). 

6.3. FIDIUM DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY FIDIUM WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. FIDIUM SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. 

6.4. IN NO EVENT SHALL FIDIUM OR CONSOLIDATED’S THIRD-PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. 

6.5. THE LIABILITY OF FIDIUM, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD-PARTY END USER LICENSE OR OTHER AGREEMENTS) THIRD-PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO FIDIUM FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW. 

6.6. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 6 ALSO APPLY TO FIDIUM’S THIRD-PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD-PARTY BENEFICIARIES OF THIS AGREEMENT. 

6.7. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. 

 

7. INDEMNIFICATION.

7.1. You agree to defend, indemnify and hold Fidium harmless from and against all liabilities, costs and expenses, including reasonable attorneys’ and experts’ fees, related to or arising from your use of the Service (or the use of your Service by anyone else), (a) in violation of applicable laws, regulations or this Agreement; (b) to access the Internet or to transmit or post any message, information, software, images or other materials via the Internet; (c) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible (including data) property; or (d) claims for infringement of any intellectual property rights arising from or in connection with use of the Service. 

 

8. GENERAL PROVISIONS.

8.1. All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination of this Agreement, including without limitation, those relating to Limitation of Liability and Indemnification, shall survive such termination. 

8.2. Fidium will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes, work slow-downs or other labor-related activity, or an inability to obtain necessary equipment or services. 

8.3. You may not assign or otherwise transfer this Agreement, or your rights or obligations under it, in whole or in part, to any other person. Any attempt to do so shall be void. We may freely assign all or any part of this Agreement with or without notice and you agree to make all subsequent payments as directed. 

8.4. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the state of Delaware, without reference to its choice of law rules. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Each party hereby irrevocably consents to non-exclusive personal jurisdiction and venue in the state and federal courts located in the state in which the Service is provided to you with respect to any claim arising out of or related to this Agreement. 

8.5. In any action or proceeding arising in connection with this Agreement, to the fullest extent allowed by law, the parties agree to knowingly, voluntarily, and intentionally waive their right to a jury trial and any right to pursue any claim related to this Agreement on a class or consolidated basis or in a representative capacity, to the extent permitted by law.  

8.6. Except as otherwise required by law, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. 

8.7. Use, duplication or disclosure by any Government entity is subject to restrictions set forth, as applicable, in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19, FAR 12.212, DFARS 227.7202, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Fidium or its licensors and suppliers. The use of Software and documentation is further restricted in accordance with the terms of this Agreement. 

8.8. Fidium’s failure at any time to insist upon strict compliance with any of the provisions of this Agreement shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties. 

8.9. This Agreement, including all policies referred to herein and posted on the Website, constitutes the entire agreement between you and Fidium with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. No changes by you to this Agreement shall be effective unless agreed to in a writing signed by an authorized representative of Fidium. References to “Fidium,” “we” and “us” and to “you” and “Customer” include both parties’  respective subsidiaries, affiliates, agents, employees, predecessors-in-interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of the Service under this Agreement or prior agreements between us or our predecessors-in-interest. 

 

9. NOTICES. Notices by you to Fidium required under this Agreement must be provided at the following address and shall be deemed given upon receipt by Fidium: 

 

Fidium 
Attn: Customer Service 
2116 S. 17th Street 
Mattoon, Illinois 61938 

 

With a copy to: 

Fidium 
Attn: Legal Department 
350 S. Loop 336 W 
Conroe, Texas 77304 

 

If you send us an email, you agree that the User ID and/or alias contained in the email is legally sufficient to verify you as the sender and the authenticity of the communication. Email communications to Fidium, however, do not constitute “notice” as contemplated by this Section 9. 

Notices by Fidium to you (including notice of modifications to this Agreement under Section 2) shall be deemed given when: (a) tr

 

 

 

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 or video conference calls), 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 location, 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. Fidium residential 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 residential 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. EQUIPMENT 

2.1. Use of Leased Equipment. Customers are highly encouraged 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; (ii) to the extent customer or technical support is offered to customers who choose to use their own equipment, such support will be subject to additional charges and provided without warranties of any kind; and (iii) 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.