This document describes the obligations and liabilities that go hand-in-hand with owning an internet account. By using FMTC Internet Access, an agreement is made to abide by the rules set forth below and by other rules as may from time to time be promulgated and deemed necessary by FMTC. In this document FMTC is defined as the company providing Internet access, and subscriber is defined as the individual(s) or company(s) whose name is on the bill. If you have any questions, please contact FMTC at (208)674-4241.
1. PRIVACY: FMTC has every intention of keeping all aspects of the subscriber’s account private; however it is impossible for FMTC to guarantee that any activity done while using FMTC Internet Service will be completely private. The subscriber can, by using data encryption, increase their level of privacy and security. FMTC strongly recommends that the subscriber take all precautions to protect private information, and also recommends that the subscriber ensures their network and devices are properly protected, updated, and secured.
2. SUBSCRIBER RESPONSIBILITY AND UNAUTHORIZED ACCESS TO FMTC SERVICES: The subscriber is responsible for any and all representations and actions that are made under the subscriber’s account. Choosing an appropriate password is a part of this responsibility. The subscriber is not authorized to share or to resell the service to any persons or businesses. Violators will have Internet access terminated without recourse.
3. UNLAWFUL ACTIVITY: While using FMTC’s Network Access Port, the subscriber may find opportunities to engage in illegal activity. FMTC has no ability to stop the subscriber from accessing data or engaging in behaviors that are deemed illegal by various localities, states, or countries. FMTC takes the position that in the event that the subscriber account is caught violating any local, state or federal law while using FMTC’s Network Access Port, FMTC will terminate the subscriber’s account without recourse and the proper authorities will be notified. Such activities include, but are not limited to, violating copyright laws by unauthorized transfer of pictures, music, movies, or software- typically via Peer-to-Peer programs and/or torrents.
4. PORNOGRAPHY OR OBSCENE MATERIAL: The possibility exists while connecting to various computer networks worldwide that the subscriber may encounter material deemed pornographic or obscene. It is possible for the subscriber to filter out, or to NOT access, those things which the subscriber finds offensive. Only the subscriber can identify and avoid such objectionable content. Access to questionable material does not imply authorization to view, own, or support any material that is in violation of LOCAL, STATE or FEDERAL law, specifically any pornographic pictures as defined by law. Subscribers are hereby notified that FMTC will not tolerate any form of Pornography on its Web Servers and the subscriber accepts all responsibility concerning this subject.
5. OFFENSIVE BEHAVIOR: To keep from offending others, it is important for the subscriber to take time to learn proper net etiquette. Severe violations of net etiquette (such as ‘talking trash’ in online games/chat) can result in the subscriber being targeted by unsavory individuals, of which may include actions such as flooding the subscriber’s internet connection to cause a Denial of Service- such floods of traffic may significantly impact FMTC’s network operations, impacting the connections of other FMTC subscribers. Causing such a severe violation can result in suspension or termination without recourse of the subscriber’s account. Similarly, engaging in cyberbullying behavior, participating in Denial of Service attacks, Swatting, or other malicious activities will result in the subscriber’s account being terminated without recourse and the proper authorities will be notified.
6. COMMERCIAL ADVERTISING: FMTC does not allow commercial advertising with personal FMTC email accounts.
7. BILLING: The subscriber’s account payment is due by the 20th of each billing cycle month. Accounts disconnected for nonpayment will require a new setup fee of $35.00. There will be a $25.00 fee for all checks returned to FMTC unpaid, and the account will be suspended until payment, in full, is received by FMTC. 30 days’ notice is required for voluntary account termination (Penalties may apply. See “Early Termination of Contract” clause). Account changes require a 15 day prior notice. The subscriber agrees to promptly notify FMTC of any change in their billing information. Monthly charges for Internet service and additional features or services are billed in advance and are not refundable if service is discontinued in the middle of a billing cycle. The subscriber agrees to pay for service on or before the date the amount is due.
8. AGE LIMITS: To sign up for FMTC Internet Service, person(s) must be 18 years of age or older. Users under 18 years of age may not access the service without parental approval. It is the subscriber’s responsibility to censor and regulate the access to computer data available to children through the subscriber’s Internet account and that it is not the responsibility of FMTC Internet Services, its members and/or employees to do so.
9. USER AGREEMENT: All subscribers are responsible for all actions in conjunction with their service regardless of who uses their service. The subscriber will not hold FMTC, its members nor its employees responsible for any harm nor blame for any activities in connection with the use of their account. The subscriber understands that their account can potentially provide access to items described within this subscriber agreement, and that FMTC may take action to resolve issues as so indicated. (See www.fmtc.com for up-to-date terms and conditions).
10. SPAMMING OR SPAM: The sending of unsolicited bulk e-mail will subject the subscriber’s account to immediate termination, and the subscriber will be held liable for all charges associated with the offense.
11. SYSTEM-WIDE EMAILS: System wide emails are emails sent from FMTC to all subscribers. All system wide emails will be sent only to addresses hosted by FMTC. Addresses not hosted by FMTC will not receive the email.
12. EARLY TERMINATION OF CONTRACT: If the subscriber decides to discontinue their internet service prior to the completion of their contract term, the subscriber will be charged an “Early Termination Fee”. This fee is comprised of $175.00 or the monthly cost per month remaining in the contract term, whichever is less.
13. EQUIPMENT LEASE: FMTC equipment is leased for a reoccurring monthly fee. If the service is terminated, the subscriber will be required to return any leased equipment to FMTC within 7 days. If the products are not returned within that time, the subscriber is liable for the purchase price of the equipment.
14. QUALITY OF SERVICE: FMTC is dedicated to providing the best quality of service and will provision each line for the amount advertised. FMTC Internet Service does not have a data cap. FMTC also does not throttle purchased internet service overall or by application. Plan availability is determined by the location of the subscriber’s premise. FMTC only controls its own network; as such cannot guarantee throughput across networks outside of FMTC’s direct control (i.e., the Internet and the subscriber’s internal network) as achievable throughputs are subject to the conditions inherent in those external networks. FMTC Internet Service is ‘Best Effort’. Conditions may exist that prevent the subscriber from getting the exact throughput advertised. These conditions include, but are not limited to: Denial of Service attacks, wiring inside the customer premise, customer devices, customer wireless strength, distance from FMTC equipment, weather conditions, computer settings, network settings, force majeure, etc. FMTC may periodically perform network maintenance at its discretion. Uninterrupted service is not guaranteed, and internet throughputs will vary. Customer acknowledges they were provided Quality of Service details by FMTC prior to installation of service.
Terms and conditions are subject to change; for an updated copy please visit: www.fmtc.com. Terms and Conditions at www.fmtc.com will supersede all others; promotions may have additional Terms and Conditions. Details of FMTC’s Network Management Practices can be found HERE