Ancillary Internet Service Terms

THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF FIDIUM’S ANCILLARY INTERNET SERVICES. 

PLEASE READ THEM CAREFULLY 

If you subscribe to any of the following services, the terms of service below apply to your use of the service(s) in addition to the terms of the Terms of Service for Internet Service. 

1. FIDIUM PREMIUM TECHNICAL SUPPORT SERVICE (“PTS”). 

1.1. Description of Service and Scope of Support. PTS addresses issues outside the scope of Fidium’s standard technical support. PTS will include: (a) configuration troubleshooting; (b) evaluating and attempting to correct software, operating systems and networking issues; (c) virus/spyware support; and (d) software and peripherals support for network, video and sound cards, memory, hard drives, CD/DVD reader/writers, printers, scanners and home networking equipment. All PTS services are offered in English only. 

1.2. Limitations of PTS. 

1.2.1. PTS will not support all software, hardware or Internet-related products, applications or features and we reserve the right to defer support issues to your equipment or software vendor. PTS does not include training on hardware or software use.  

1.2.2. PTS is not intended to replace the more advanced technical support that may be available from hardware or software manufacturers.  

1.2.3. PTS is for incident-specific troubleshooting and problem resolution, and excludes: i) computer programming; ii) software development; iii) warranty repairs or product replacement; iv) support for Macintosh® and Windows® 95 and earlier versions of Windows; v) problems or issues arising out of any impermissible or unauthorized use or modification of a product or vi) upgrades of firmware, software, operating systems, or applications. Use of PTS does not constitute a license to use the software, applications or equipment being supported, or an upgrade thereto. You are responsible for obtaining any necessary licenses to use your software and applications. 

1.2.4. In some cases, we may not be able to diagnose or resolve a problem because of complications with your computer or its configuration. PTS is offered as a “best efforts” service and without warranty except as specifically set forth in the Agreement. We reserve the right to refuse to troubleshoot software not on our list of supported products.  

1.2.5. You understand and agree that technical problems may be the result of software or hardware errors not yet resolved by the product manufacturer, and that we may not have the ability to obtain the information necessary to resolve a specific technical problem. 

1.3. Your Responsibilities. 

1.3.1. In order for us to deliver PTS, you must first confirm that you have: a) full access (including any required licenses) to the hardware and/or software that is the basis of the problem; and (b) completed a back-up of any data, software, information or other files stored on your computer disks and/or drives that may be impacted. Fidium is not responsible for the loss, corruption or alteration of data, software or files that may result from performance of PTS by our technicians. You also acknowledge and agree that you are the owner or authorized user of any hardware or software about which you are contacting us. PTS is only available to you and those residing at your location; PTS is not transferable. 

1.3.2. You agree to cooperate with and follow instructions provided by Fidium and acknowledge that such cooperation by you is essential to our delivery of PTS to you. 

1.3.3. You hereby grant Fidium permission to view, access and modify your computer, computer (including registry) settings and any related software or peripheral equipment, including all data, hardware and software components, in order to perform PTS. 

1.3.4. You are responsible for all restoration and reconstruction of lost or altered files, data, or programs, and for ensuring that any information or data disclosed to Fidium is not confidential or proprietary to you or any third party.  

1.4. Support Procedures.  

1.4.1. PTS can be purchased either: (a) for an unlimited number of Incidents for a term beginning on the date you order PTS and continuing for the duration of the plan you selected (“Term Plan”); or (b) on a per-Incident basis (the “Per-Incident Service Plan”). For the Per-Incident Service Plan, Fidium will address a single Incident (as defined below) which shall include follow-up calls, as reasonable and necessary, regarding the Incident. Once an Incident is resolved in accordance with subsection 1.4.3 below, you may call back and obtain assistance on the same Incident for up to seventy-two (72) hours at no additional charge, after which the Incident will be considered closed. Once an Incident has been closed by Fidium, any further calls or requests for assistance will be considered a new Incident and additional fees will apply if you subscribe to our Per-Incident Service Plan. IF YOU PURCHASE PTS UNDER A TERM PLAN AND YOUR SERVICE IS TERMINATED BY YOU (OR BY US IF YOU BREACH THIS AGREEMENT) BEFORE COMPLETING YOUR TERM, THEN, UPON TERMINATION OF YOUR SERVICE, YOU AGREE TO PAY FIDIUM AN EARLY TERMINATION FEE IN THE AMOUNT SET FORTH IN THE PLAN YOU HAVE CHOSEN. 

1.4.2. “Incident” means a specific, discrete problem for which Fidium will attempt to isolate its origin to a single cause. Fidium, in its sole discretion, will determine what constitutes an Incident.  

1.4.3. An Incident will be considered resolved when you receive one of the following: (a) information or advice that resolves the Incident; (b) information on how to obtain a software solution that will resolve the Incident; (c) notice that the Incident is caused by a known, unresolved issue or an incompatibility issue; (d) information that the Incident can be resolved by upgrading to a newer release of a product; (e) notice that the Incident has been identified as a hardware equipment issue; or if (f) you cannot, or elect not to, pursue the course of action we recommend. 

1.4.4. Our advice to you may include steps that you will need to take before the Incident can be resolved, such as buying cables or cords, acquiring software, etc. and we will keep your service request open for future reference when you are ready to resume the process. 

1.5.   Third Party Warranties. Third-party equipment, software and peripheral products are covered by the warranties provided by the original manufacturer or the seller of the product. Third party warranties may vary from product to product. It is your responsibility to consult the applicable product documentation for specific warranty information. In addition, you acknowledge that certain third-party equipment or software warranties may limit or void the remedies that they offer if unauthorized persons perform support service on the equipment or software. It is your responsibility to ensure that any impact that Fidium’s delivery of PTS might have on third party warranties is acceptable to you.  

1.6.   Customer Specific Service. PTS is only available to you and to people you authorize. In either case, the terms of this Agreement will apply to the PTS services we perform. 

1.7. LIMITATION OF LIABILITY.  FIDIUM’S TOTAL LIABILITY ARISING OUT OF THE PTS SERVICE, OR FROM FIDIUM’S NEGLIGENCE OR OTHER ACTS OR OMISSIONS, IF ANY, SHALL BE LIMITED, AT FIDIUM'S SOLE DISCRETION AND OPTION, (A) TO PERFORMING THE PTS SERVICE, OR (B) AS SET FORTH IN SECTION 6 OF THE RESIDENTIAL SERVICES AGREEMENT; EXCEPT THAT, IN THE CASE OF PER-INCIDENT SERVICE PLANS, YOUR REMEDIES WILL BE LIMITED TO A REFUND OF THE CHARGES AND FEES PAID FOR THE PTS SERVICE GIVING RISE TO THE CLAIM, IF ANY. THE REMEDIES FOR A FAILURE OR BREACH OF SUCH LIMITED WARRANTY ARE EXCLUSIVE.