FSMTC INTERNET ACCEPTABLE USE POLICY

This acceptable use policy sets forth various actions that are not permitted by users of FSM Telecom IP products and services. Through this policy, FSM Telecom seeks to protect its customers and the members of the Internet community from actions that could negatively impact another customer or a member of the Internet community.

FSM Telecom supports our subscribers' right to privacy. We do not exercise control over the content of information created or accessed over FSM Telecom's services. FSM Telecom does not accept responsibility for the content of materials and information accessible through FSM Telecom's services. All persons and organizations, including FSM Telecom subscribers, are solely responsible for all materials published to the Internet, including materials and information published using FSM Telecom's services. It is the sole responsibility of the persons or organizations that publish information to understand and comply with all applicable laws and regulations. FSM Telecom reserves the right to remove any materials that may potentially violate the law or this Acceptable Use Policy. FSM Telecom reserves the right to suspend or cancel the services of any FSM Telecom subscriber in the event we receive complaints that the subscriber may be in violation of any applicable law or this Acceptable Use Policy. If you have complaints about any FSM Telecom subscriber's violation, please contact FSM Telecom immediately.

In using FSM Telecom's services you agree to accept the terms of this Acceptable Use Policy and to comply with all laws and regulations. You also agree to abide by the accepted norms of the Internet community whether stated in this policy or not. You agree that the Service(s) and the FSM Telecom Equipment will be used only for personal, residential, non-commercial purposes, unless otherwise specifically authorized by us in writing.  You will  not use the FSM Telecom Equipment at any time at an address other than the Premises without our prior written authorization.   You agree and represent that you will not resell or permit another to resell the Service(s) in whole or in part. You will not use or permit another to use the FSM Telecom Equipment or the Service(s), directly or indirectly for any unlawful purpose, including, but not limited to, in violation of any posted FSM Telecom policy applicable  to the Service(s).  Use of the FSM Telecom Equipment or Service(s) for transmission, communications or storage of any information, data or material in violation to the FSM, state, or local regulation or law is prohibited.

You acknowledge that you are accepting this Agreement on behalf of all persons who use the FSM Telecom Equipment and/or Service(s) at the Premises and that you shall have sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this Agreement and any applicable policies for FSM Telecom including, but not limited to, acceptable use and privacy policies.  You further acknowledge and agree that you shall be solely responsible for any transaction, including, without limitation, purchases made through or in connection with the Service(s).  You agree to indemnify, defent and hold harmless FSM Telecom and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorneys’ fees) arising out the the use of the Service(s), the FSM Telecom Equipment and/or the Customer Equipment or the beach of this Agreement or any of the applicable FSM Telecom Policyes by you or any other user of the Service(s) at the Premises.  

FSM Telecom services are provided on an as available basis only. FSM Telecom makes no guarantees on any service provided. FSM Telecom, its subsidiaries and employees are not liable for any damages you may suffer as a result of the use of FSM Telecom services. FSM Telecom, its subsidiaries and employees are not liable for any loss of profit, opportunity or data which may result from any use, misuse, delay, service interruptions, non-delivery, negligence or errors in use of FSM Telecom's services. FSM Telecom accepts no responsibility for the quality or accuracy of any information obtained using FSM Telecom's services. Subscribers are solely responsible for verifying the quality and accuracy of information they obtain through their FSM Telecom account(s).

FSM Telecom reserves the right to delete any mail left on FSM Telecom's mail servers for over 30 days.

FSM Telecom web sites hosting are provided on charge basis. These web sites may not exceed 10 MB of space at any given time. In the event the site exceeds 10 MB of space FSM Telecom reserves the right to charge the customer at the existing additional web hosting space rates for the additional allocated space.

 

FSM Telecom's Internet Access service is intended for periodic, active use of email, newsgroups, file transfers, chat, gaming, and web browsing. Subscribers agree to use the service on these terms. You may not use the service on an inactive basis to maintain a connection. Pinging to maintain a connection is prohibited. FSM Telecom discourages simultaneous use of an account, but does not necessarily forbid it. You may only use your FSM Telecom account for interactive user sessions. Any unattended, inactive or unreasonably long user session may be terminated at FSM Telecom's discretion.

FSM Telecom IP customers shall not, nor shall they permit nor assist others to abuse or fraudulently use FSM Telecom IP products and services, including but not limited to the following:

• Using FSM Telecom's services to engage in or support illegal activities.
• Attempting to access other's accounts or attempting to bypass the security of FSM Telecom's or other entities' computer systems (hacking) without authorization.
• Making fraudulent offers of services, products or items from your account.
• Making threats of bodily harm or property damage to others.
• Posting or emailing "get rich quick" scams or chain letters.
• Mailbombing or Spamming: Sending a large number of unsolicited e-mail messages within a short period of time to one or more individual e-mail accounts; or sending one unsolicited e-mail message to twenty or more individual e-mail users, where the message could reasonably be expected to cause complaints from some of the recipients.
• Sending or posting to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group list that causes complaints from the recipients of such unsolicited e-mail.
• Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
• Using a FSM Telecom email account as a "mail drop" for replies to unsolicited messages.
• Allowing others (including members of your household) to use your FSM Telecom account.
• Distributing computer viruses or worms using FSM Telecom's services or facilities. Knowingly engaging in any activity that will result in degradation of service (e.g., synchronized number sequence attacks) to any FSM Telecom customer or a member of the Internet community.
• Using the FSM Telecom IP products and services to interfere with the use of the FSM Telecom network by other customers or authorized users, or in violation of the law or in aid of any unlawful act.

All services are contracted on a month-to-month basis unless otherwise specified. Subscribers are responsible for verifying that the Dial up number provided is a local/toll-free call. FSM Telecom is not responsible for any long distance charges incurred through use of FSM Telecom's services. Subscribers are responsible for all payment of their services with FSM Telecom until the subscriber cancels service. Subscribers are responsible for payment regardless of account suspension or interruption. Cancellations must be submitted in writing (email notification is acceptable).

FSM Telecom does not prorate charges for partial use of a contract term especially on cancellation of Internet account.

Password Guideline

Telecom has recently seen an increase in Internet account misuse. Most of these instances are a result of lax password security. Telecom must hold the account holders accountable for any misuse if the password is guessed, disclosed, or compromised. As such it behooves account holders to exercise safe practices with their passwords. Telecom recommends that all users change their passwords frequently. Please refer to our password selection guideline in the Internet section of our website.

Spam Filtering / Anti-Virus Services Waiver of Damages

In the event that FSM Telecom Corporation provides spam filtering and/or anti-virus services for a customer, these services are provided "as is" without warranty or conditions of any kind, either express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement.

Spam-filtering Acknowledgements

Customer acknowledges that no spam filtering service can eliminate all spam email. Customer also acknowledges that is it possible for some sites that voluntarily or involuntarily allow spam to be placed on the MAPS (Mail Abuse Prevention System) RBL (Real-time Blackhole List), resulting in the rejection of email from those sites by FSM Telecom. Customer acknowledges that the only remedy to remove a site from the RBL is to contact MAPS at www.mail-abuse.org and/or SpamCop at www.spamcop.net.

Anti-Virus Acknowledgements

Customer acknowledges that no anti-virus service can eliminate all viruses. Customer acknowledges that Customer may still receive viruses in spite of the best efforts of FSM Telecom. Customer acknowledges that it is Customer's responsibility to employ all prudent anti-virus measures, including the operation of fully updated anti-virus software on local computing devices.

Disclaimer of Damages

Regardless of whether any remedy set forth herein fails of its essential purpose, in no event will FSM Telecom be liable to Customer for any special, consequential, indirect or similar damages, including any lost profits or lost data arising out of the use or inability to use the software even if FSM Telecom has been advised of the possibility of such damages.

FSM Telecom reserves the right to modify this Acceptable Use Policy without notice at any time. The latest version will be available in the Internet section of the FSM Telecom web site.