Networking Terms And Conditions
It is Fidalgo Networking policy to offer unlimited, uncensored access
to the Internet. This agreement defines the terms and conditions of Internet
service for all types of accounts and services, both personal and business,
that are offered by Fidalgo Networking (Agreement). Fidalgo
Networking has specific guidelines and regulations that must be enforced
for the benefit of both Fidalgo Networking Accountholders as well as all
other users worldwide. Hence, Fidalgo Networking requires all Accountholders
to adhere to the guidelines set forth herein.
to access the Internet, Subscriber, and/or any person using Subscriber's
login identification name, or login identification names ordered by Subscriber,
is deemed to have accepted the terms and conditions contained in this
Internet Access Agreement (the "Agreement") and shall be bound
(a) "Subscriber," as used herein, means an individual, a corporation,
or a legal entity who incurs usage charges for the Service for its own
use or who incurs such charges on behalf of a third party, i.e., a User.
as used herein, means a Subscriber who uses Service or an individual,
a corporation, or a legal entity whose Service usage charges are incurred
by a third party, i.e., Subscriber.
Fidalgo Networking will provide Subscriber and its Users analog or digital
access to the Internet, depending upon the rate plan selected (the "Service"),
subject to conditions generally beyond the control of Fidalgo Networking,
including the type and condition of the equipment (personal computer,
modem, etc.) of Subscriber and/or its Users. Service may be temporarily
unavailable or limited because of capacity limitations and may be temporarily
interrupted or curtailed due to equipment modifications, upgrades, relocations,
repairs, and similar activities necessary for the proper operation of
USAGE OF DIAL-UP ACCOUNTS:
Subscriber and its Users agree to use dial-up accounts solely on an active
"dial-up" basis, meaning only as needed and in no way on a standby
or inactive basis in order to maintain a connection. Without limitation
of the foregoing, Subscriber and its Users shall abide by the following
provisions regarding usage
(a) A dial-up account may be used for World Wide Web browsing, sending, receiving
and reading electronic mail and transferring files via the file transfer
(b) A dial-up
account shall not be used to host a dedicated server site on the Internet.
(c) A dial-up
account shall not be accessed simultaneously by multiple users using the
same user ID.
(d) A dial-up
account has only one mailbox for incoming electronic mail unless additional
mailboxes have been purchased.
processes may not be used such as checking e-mail or pinging the host
to maintain a constant connection.
ID Names will be issued to Subscriber by Fidalgo Networking based upon
availability. If the User ID name is surrendered by Subscriber for any
reason, Fidalgo Networking shall not be obliged to reserve that name.
Networking shall not be obligated to retain electronic mail for longer
than one month.
business through a personal account The regular dial-up accounts (Basic
and Premium) provided by Fidalgo Networking are designed for the home/casual
user and not to provide the level of service required for conducting
business. Therefore, conducting business with an individual account
is prohibited. If a business account is desired, please contact the
Fidalgo Networking's Sales Department.
(i) A dial-up
account has only 10 megabytes of server space for Subscriber web pages
unless additional web space has been purchased or otherwise expressly
allocated. And no such space shall be available for accounts that are
promotional until they become billable accounts (unless such space is
made available during the promotional period, at Fidalgo Networking's
(j) An account
that is connected on average 10 hours or more per day for a period of
one month is considered a high usage account (300 hours/month). The subscriber
will be contacted by email to teh fact that he or she is using too many hours,
and needs to cut it down, or move to our special high usage access number.
Or even consider upgrading to DSL if available. An account that is connected
on average 13 hours or more per day for a period of one month is considered a
dedicated account (400 hours/month). The subscriber will be contacted by email
to the fact that he or she is using a dedicated account and will have the choice
of either reducing the hours used, upgrading the DSL if available, or purchasing
a dedicated account. If there is no response from the subscriber the account can be
disconnected at the discretion of Fidalgo Networking. If the account is
terminated, the normal rules for terminated an account will still apply.
Fidalgo Networking reserves the right to disconnect a dial-up account
after 20 minutes of inactivity, as detected by Fidalgo Networking through
electronic means. This time is approximate and subject to change without
notice in Fidalgo Networking's sole discretion. Electronic or mechanical
means to avoid an inactivity disconnect are strictly prohibited. Electronic
or mechanical means include, but are not limited to, "pinging"
a server, employing electronic or software autodialer features to maintain
an active connection or repeatedly checking for e-mail by auto log-in
to the mail server. Fidalgo Networking reserves the right to electronically
audit connections to enforce the above requirements.
Service access will be provided via a local telephone number where available.
Fidalgo Networking is not responsible for any toll or other charges in
the event service access is not provided via a local telephone number,
for instance, if service access is provided via a toll call.
Subscriber shall pay to Fidalgo Networking the charges associated with
the rate plan selected, including applicable taxes, 800 series number,
etc. If service access is not provided via a local telephone number, Subscriber
may also be responsible for toll or other charges.
Subscriber shall be billed associated to the plan selected. Payment will
be deemed made when received by Fidalgo Networking.
This Agreement becomes effective upon registration of Subscriber's login
identification name and shall remain in effect for the period indicated
in the rate plan selected or until terminated as provided herein. This
Agreement shall continue in effect for consecutive additional terms following
the Initial Term until either Party gives the other party on-line notice
or other notice of termination at least thirty (30) calendar days prior
to the expiration of the then-current term. In the event Subscriber terminates
the Service hereunder, then without limitation to any other remedy Fidalgo
Networking may have, Subscriber will pay to Fidalgo Networking upon discontinuance
of the Service a termination charge equal to the applicable monthly rate
times the number of months remaining in the term.
There shall be no credits, reductions, or setoff against the charges for
Service for downtime or interruption of Service unless such Service interruption
exceeds 24 hours in duration. Fidalgo Networking shall provide Subscriber
with a credit equal to 1/30 of the recurring monthly charge for Service
for each twenty-four hour period from the time of notice of interruption
until Service restoration, provided Subscriber notifies Fidalgo Networking
of the Service interruptions. No adjustments shall be made by accumulating
periods of non-continuous interruption. A credit allowance will not be
given for mistakes, omissions, interruptions, delays, errors, defects
or curtailments in the Service caused by the negligence or willful act
of Subscriber or others, or mistakes, omissions, interruptions, delays,
errors or defects caused by failure of equipment or of Service as described
in Section 2.
FIDALGO NETWORKING SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE
OF EQUIPMENT OR SERVICES NOT PROVIDED BY FIDALGO NETWORKING, FAILURE OF
COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTION NOT WITHIN THE COMPLETE
CONTROL OF FIDALGO NETWORKING, NOR SHALL FIDALGO NETWORKING BE LIABLE
FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY SUBSCRIBER'S OR ITS
USERS' EQUIPMENT. SUBSCRIBER AND USER HEREBY RELEASE FIDALGO NETWORKING
FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE SERVICE. FIDALGO
NETWORKING'S PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE
OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL COMMOTIONS, ACTS OF
GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL.
FIDALGO NETWORKING SHALL NOT BE LIABLE IF CHANGES IN OPERATION, PROCEDURES,
OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF SUBSCRIBER'S OR ITS
USERS' EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.
IN NO EVENT SHALL FIDALGO NETWORKING BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF
PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC. THE
LIABILITY OF FIDALGO NETWORKING FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE
WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR DISRUPTION
OF SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN
TORT OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT
EQUIVALENT TO CHARGES PAYABLE BY SUBSCRIBER UNDER THIS AGREEMENT FOR THE
SERVICE DURING THE PERIOD SUCH DAMAGES OCCUR. FIDALGO NETWORKING MAKES
NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING
THE SERVICE, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR
USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY
IMPLIED BY LAW.
Subscriber and User shall indemnify and hold harmless Fidalgo Networking
from and against any loss, cost, claim, liability, damage, or expense
(including reasonable attorneys' fees) to third parties, relating to or
arising from the use of the Service by Subscriber, User, or any of their
personnel, whether or not Subscriber or User has knowledge of or has authorized
such access or use, including, without limitation, claims for libel, slander,
invasion of privacy, infringement of copyright, patent infringement (where
Subscriber or User has used, connected, or combined the Service with the
products or services of others), negligence, or tortious behavior. Subscriber
agrees to indemnify Fidalgo Networking along with any parties from whom
Fidalgo Networking obtains network services, and to hold them harmless
from any claims resulting from the use of the Service by Subscriber or
its Users that damage another party or that violate the law.
Subscriber shall ensure that its Users shall comply with the terms and
conditions of this Agreement. Any access to other networks connected to
Fidalgo Networking's network must comply with the rules of the other networks.
Subscriber shall not use or permit its end users to use the Services in
ways that violate laws, infringe the rights of others, interfere with
users of our network or other networks, or otherwise violate our Acceptable
Use Policy set forth at http://www.fibercloud.com/AcceptableUsePolicy
. For example, you shall not distribute chain letters or unsolicited bulk
electronic mail ("spamming"); propagate computer worms or viruses;
use a false identity; attempt to gain unauthorized entry to any site or
network; distribute child pornography, obscenity or defamatory material
over the Internet; or infringe copyrights, trademarks or other intellectual
property rights. Subscriber further agrees to comply with U.S. export
laws concerning the transmission of technical data and other regulated
materials via the Services.
Subscriber and its Users agree to abide by and comply with the following
terms and conditions:
Misuse of Service: Subscriber and its Users shall not use the Service
to make foul or profane expressions, to impersonate another person with
fraudulent or malicious intent, to contact another person so as to annoy,
abuse, threaten, or harass such other person, or for any purpose in violation
of law, or in such a manner as to interfere unreasonably with the use
of the Service by any of Fidalgo Networking's customers. Subscriber and
its Users shall not distribute chain letters or "junk" mail
(any unsolicited mail of a business or commercial nature) or engage in
"Ponzi" or "pyramid" schemes. The Service and underlying
network may only be used for lawful purposes. Transmission of any material
in violation of any U.S. or state regulation is prohibited. This includes,
but is not limited to: copyrighted material, material which is threatening
or obscene, or material protected by trade secret. In addition, Fidalgo
Networking generally reserves the right in its sole discretion to either
temporarily discontinue, or permanently terminate furnishing the Service
upon notice to Customer in the event Customer uploads any information
that is libelous, defamatory or that violates or infringes any right of
privacy of any Persons; uploads any messages, data, images or programs
that are indecent, obscene or pornographic; use the facilities and capabilities
of Fidalgo Networking to conduct or solicit the performance of any illegal
activity or to conduct any other activity that infringes the rights of
Fidalgo Networking or any third party; or upload any information, messages,
data, images or programs that is discriminatory or otherwise offensive
as determined by Fidalgo Networking in its sole discretion.
WITH THE RIGHTS OF THIRD PARTIES:
In the event that Fidalgo Networking receives notice from a third party,
or in the event that Fidalgo Networking reasonably believes, that Subscriber's
or any User's use of the Service, either alone or in connection with products
or services of others, constitutes, causes, results in, induces or contributes
to either (i) defamation, invasion of privacy, or unfair competition,
or (ii) misuse, misappropriation or infringement of any patent, copyright,
trademark, trade secret or other proprietary or intellectual property
right of such third party, then Fidalgo Networking shall have the right,
in its sole and exclusive option and discretion, without prior notification
to Subscriber or to User(s), and without limiting any other rights or
remedies Fidalgo Networking might have or incurring any obligation or
liability to Subscriber or to User(s), to temporarily discontinue or permanently
terminate, in whole or in part, furnishing of Services to Subscriber or
To Equipment, Software and Processes: Subscribers agree unconditionally
to not cause harm to Fidalgo Networking or third party equipment, software,
or processes used in connection with furnishing the Service. In addition
to constituting a default under this Agreement, any breach of this provision
may result in civil and/or criminal penalties pursuant to applicable local,
state and federal law.
Accuracy of Information: Fidalgo Networking and its affiliates, along
with any parties from whom Fidalgo Networking obtains network services,
exercises no control whatsoever over the content of the information passing
through Fidalgo Networking's network. Fidalgo Networking makes no warranties
of any kind, whether express or implied, for the content of the information
passing through its network. Use of any information obtained via the Fidalgo
Networking network is at Subscriber's and its Users' own risk or the risk
of their affiliates. Fidalgo Networking specifically denies any responsibility
for the accuracy or quality of information obtained through its Service.
and/or Harmful Information: The Internet hosts some material deemed unfit
for viewing and reading by minors under the age of 18. Some sites contain
information both in text and graphical formats that Subscriber and/or
Users may consider obscene and/or harmful. Subscriber and/or Users agree
to not hold Fidalgo Networking responsible for sites and postings that
could be considered obscene, lewd, offensive, and/or harmful. Subscribers
are responsible for their own monitoring and viewing habits and their
Users, including minors. Fidalgo Networking does not block, filter or
screen postings or sites on the Internet in whole or in part.
Upon a default by Subscriber Fidalgo Networking may, in its sole discretion,
without prior notification and without limiting its remedies or incurring
any liability to Subscriber, either temporarily discontinue or permanently
terminate the furnishing of Service to Subscriber in whole or in part.
"Default" means any failure by Subscriber to comply with any
term of this Agreement, including without limitation, failure to make
timely payment of any amount due Fidalgo Networking or failure to comply
with the restrictions on use of Service set forth in Section 13. Where
Subscriber's equipment is used with Service provided by Fidalgo Networking
in violation of any of the provisions herein, Fidalgo Networking will
notify Subscriber and take such action as is necessary for the protection
of the Service for use by its other customers. Subscriber shall discontinue
such use of the equipment or correct the violation immediately and shall
confirm in writing to Fidalgo Networking within five days that such use
has ceased or that the violation has been corrected, and if Subscriber
fails to do so, Fidalgo Networking will disconnect Subscriber's Service,
without any credit allowance, until such time as Subscriber complies with
the provisions hereof. Fidalgo Networking reserves the right to charge
a reconnect fee for any discontinued Service that is subsequently reconnected.
Fidalgo Networking makes no warranties, express or implied, with respect
to the Services provided pursuant to this Agreement, including, but not
limited to, the implied warranties or merchantability and fitness for
a particular purpose. No representation or statement made by Fidalgo Networking
or any of its agents or employees, oral or written, including, but not
limited to, any specifications, descriptions or statements provided or
made to Customer by Fidalgo Networking shall be binding upon Fidalgo Networking
as a warranty or otherwise.
Subscriber shall be responsible to provide for the proper installation,
operation, and maintenance of Subscriber's equipment used in connection
with the Service, and Subscriber shall ensure that such equipment is technically
and operationally compatible with the Service and in compliance with applicable
Federal Communications Commission rules and regulations.
(a) The parties desire to resolve disputes arising out of this Agreement
without litigation. Accordingly, except for action seeking a temporary
restraining order or injunction related to the purposes of this Agreement,
or suit to compel compliance with this dispute resolution process, the
parties agree to use the following alternative dispute resolution procedure
as their sole remedy with respect to any controversy or claim arising
out of or relating to this Agreement or its breach.
(b) At the
written request of a party, each party will appoint a knowledgeable, responsible
representative to meet and negotiate in good faith to resolve any dispute
arising under this Agreement. The parties intend that these negotiations
be conducted by non-lawyer, business representatives. The location, format,
frequency, duration, and conclusion of these discussions shall be left
to the discretion of the representatives. Upon agreement, the representatives
may utilize other alternative dispute resolution procedures such as mediation
to assist in the negotiations. Discussions and correspondence among the
representatives for purposes of these negotiations shall be treated as
confidential information developed for purposes of settlement, exempt
from discovery and production, which shall not be admissible in the arbitration
described below or in any lawsuit without the concurrence of all parties.
Documents identified in or provided with such communications that are
not prepared for purposes of the negotiations are not so exempted and
may, if otherwise admissible, be admitted in evidence in the arbitration
(c) If the
negotiations do not resolve the dispute within 60 days of the initial
written request, the dispute shall be submitted to binding arbitration
by a single arbitrator pursuant to the Commercial Arbitration Rules of
the American Arbitration Association. A party may demand such arbitration
in accordance with the procedures set out in those rules. Discovery shall
be controlled by the arbitrator and shall be permitted to the extent set
out in this section. Each party may submit in writing to a party, and
that party shall so respond, to a maximum of any combination of 35 (none
of which may have subparts) of the following: interrogatories, demands
to produce documents and requests for admission. Each party is also entitled
to take the oral deposition of one individual of another party. Additional
discovery may be permitted upon mutual agreement of the parties. The arbitration
hearing shall be commenced within 60 days of the demand for arbitration.
The arbitrator shall control the scheduling so as to process the matter
expeditiously. The parties may submit written briefs. The arbitrator shall
rule on the dispute by issuing a written opinion within 30 days after
the close of hearings. The times specified in this section may be extended
upon mutual agreement of the parties or by the arbitrator upon a showing
of good cause. Judgment upon the award rendered by the arbitrator may
be entered in any court having jurisdiction.
party shall bear its own costs of these procedures. A party seeking discovery
shall reimburse the responding party the costs of production of documents
(to include search time and reproduction costs). The parties shall equally
split the fees of the arbitration and the arbitrator.
This Agreement shall be governed by, construed under, and enforced in
accordance with, the laws of the state of Washington. In the event of
a conflict between this Agreement and any applicable tariff, the tariff
shall prevail. If any provision of this Agreement shall be held to be
invalid or unenforceable, the validity and enforceability of the remaining
provisions of this Agreement shall not be affected thereby. This Agreement
embodies the entire agreement between the parties with respect to the
subject matter hereof and supersedes all prior agreements and understandings,
whether written or oral, and all contemporaneous oral agreements and understandings
relating to the subject matter hereof. Fidalgo Networking may amend the
terms and conditions of this Agreement by giving Subscriber 30 days' prior
on-line notice. This Agreement is subject to modification by any authorized
regulatory agency. Fidalgo Networking may assign this Agreement without
limitation, but Subscriber may not assign this Agreement without Fidalgo
Networking's prior written consent. This Agreement shall be binding on
the parties hereto and their respective personal and legal representatives,
successors, and permitted assigns.
If this account is not paid as agreed and the account is assigned to a third
party collection agency, I (we) agree to pay the actual amount of any collection
fee not to exceed 50% of the amount assigned.
If this account is not paid as agreed, and the legal action is commenced to
collect the amount due, I (we) agree that, in addition to other charges authorized
herein, we will pay reasonable attorney's fees.
In case a legal action is commenced to collect this account, at the request of
either party, venue for any legal action shall be placed in Skagit County, WA.
A service charge of 1% per month on all balances of thirty days or greater, with
a minimum $5.00 late charge, will be assessed on your account.
All disputes need to be given to Fidalgo Networking without 90 days of invoice, in order
for a possible credit to be given. All disputes after 90 days, no credit will be given.
There will be no cash back refunds, only credits applied to account will be given, if you
prepaid for a service and cancel before the end of the period, credit will only be given towards
the account, no credit back to credit card, check or cash refund given.
Please allow 7 to 10 business days to cancel dsl with us, as we have to put the order through
to Frontier and they take time to cancel it fully. You will be billed up to the day it is canceled
Paper Statement Fee
For our customers choosing to receive a paper invoice in the mail, we have been unfortunately
forced to charge a small $1 fee each time we have to mail a statement in the mail. This helps off-set
Return Payment Fee
If for any reason a check that you wrote to us, is returned, we charge a $15 processing fee on top of
the original amount of your check.