THE FIDIUM CUSTOMER PORTAL IS PROVIDED ONLY FOR USE BY THE CUSTOMERS OF FIDIUM. ANY OTHER USE IS STRICTLY PROHIBITED. 

Clicking on the button marked 'I Accept' and proceeding to use the Fidium Customer Portal indicates your acknowledgment that you have read, agreed to and accepted these Terms of Service. “Fidium” as used herein shall refer to Fidium and any of its affiliates or related entities.  

1. Account Privacy, Including Linked Users and Linked Billing Accounts

NOTICE TO ACCOUNT HOLDERS: AS THE FIDIUM ACCOUNT SUBSCRIBER, YOU REMAIN SOLELY RESPONSIBLE AND LIABLE FOR ALL ACTIVITY UNDER YOUR FIDIUM ACCOUNT, INCLUDING ANY ADDITIONAL FEES OR CHARGES INCURRED BY OR THROUGH ANY ACCOUNT USER, IN ACCORDANCE WITH YOUR SUBSCRIPTION AGREEMENT.  THESE TERMS OF SERVICE APPLY TO ALL USE OF YOUR FIDIUM ACCOUNT REGARDLESS OF USER.

As the Account Holder and Primary User for the Fidium Customer Portal, you agree that you are solely responsible for maintaining the confidentiality of your username and password. You agree not to give your account username, password and/or Personal Identification Number (PIN) to anyone. If you believe that someone has gained access to your password, PIN or your online account without your permission, call Customer Service immediately at 1.844.4.FIDIUM (1.844.434.3486). 

If you, the Account Holder and Primary User, designate a Linked User to have access to your Fidium Customer Portal account, then you accept the inherent risks and liability in doing so. Fidium is not responsible for any actions taken by Linked Users on the portal, regardless of whether they have been provided with rights to view your account information (View-Only User) or take actions on your behalf (Authorized for Change User) online. Fidium is not responsible for managing portal access for Linked Users on your behalf and is not responsible for any consequences of an Account Holder’s failure to remove or restrict access to their portal account by a Linked User.

Linked Users are provided unique authentication credentials to access your account and you accept responsibility on behalf of the Linked User for keeping those authentication credentials secure. You may revoke or restrict access for a Linked User at any time by managing your Fidium Customer Portal preferences online. 

Designating an Authorized for Change User:

If you designate an Authorized for Change User, you acknowledge and agree that following registration by the Authorized for Change User, the Authorized for Change User will have the same access to and ability to use the online tools and features associated with your Account that you have through the Fidium Customer Portal, including the ability to upgrade/move/downgrade services, view offers, submit payment information, etc. Further, by adding an Authorized for Change User, you authorize Fidium to permit your Authorized for Change User to enroll your Account in automatic bill payments, designate paper or paperless delivery for all billing statements relating to your Account, and, if paperless delivery is chosen, specify the email address to which the billing statements for your Account are to be sent by Fidium. In addition, the Authorized for Change User will have the ability to view all information regarding your Account, which may be reflected through the Fidium Customer Portal from time to time, including call records, billing statements, bill and payment history, and saved payment methods. As the Account Holder and Primary User, you waive all rights of privacy on behalf of yourself, and any affected users of any products and services under your Account, with respect to any and all data and/or information made available from time to time by or through the Fidium Customer Portal and accessed by and/or through any portal user, and unconditionally release Fidium from any related claims. It is your sole responsibility to (i) monitor all use of your Account, and (ii) if you believe any unauthorized use is occurring by or through an Authorized for Change User under your Account, promptly disable or suspend access by any such Account User through the Fidium Customer Portal. Note: The Authorized for Change User will not have the ability through the Fidium Customer Portal to alter your, or his/her own, access rights and permissions associated with your Account.

Designating a View-Only User:

By granting access rights to any View-Only User, you acknowledge and agree that you remain solely responsible and liable for all activity under your Account and any related fees or charges, in accordance with your Services Subscription Agreement. It is your sole responsibility to (i) monitor all use of your Account, and (ii) if you believe any unauthorized use is occurring by or through a View-Only User under your Account, promptly disable or suspend access by any such Account User through the Fidium Customer Portal.

Registration Process for Linked Users (Authorized for Change and View-Only):

Any individual designated by you in the Settings tab of the Fidium Customer Portal will be sent an invitation to the email address provided to complete Fidium Customer Portal user registration. The email invitation will remain valid for approximately 72 hours. If the individual fails to complete the registration within such period, the invitation shall expire and the Primary User will need to re-trigger the invitation to the Linked User from within the portal (Account Controls tab under Settings). Through the Fidium Customer Portal, you can request that a new invitation be sent to the individual. To become a Linked User, the individual must complete the registration process prior to expiration of the email invite. All access to and use of Fidium products and services by or through any Linked User using your Account is automatically authorized by and shall be attributed to the Account Holder. As the Account Holder, you are solely (i) responsible for ensuring that all actions taken by or through a Linked User, and all actions taken under your Account comply with all applicable terms and conditions of your Services Subscription Agreement; and (ii) liable for any action taken under your Account that fails to comply with all applicable terms and conditions of your Services Subscription Agreement.

Discontinue Access Rights and Permissions of Linked Users (Authorized for Change and View-Only):

You may discontinue all access rights and permissions granted to a Linked User at any time by removing the Linked User on the Settings tab of the Fidium Customer Portal. You may also change permissions granted to any Linked Users at any time by changing their designation from View-Only User to Authorized for Change User or from Authorized for Change User to View-Only user on the portal.

Linked Billing Accounts:

The Fidium Customer Portal also allows owners of multiple Fidium accounts to establish Linked Billing Accounts in order to view and manage them with a single set of portal login credentials. To the extent you utilize Fidium’s Linked Billing Accounts, you affirm that you are the authorized accountholder for those accounts you link. 

Contact Information:

For purposes of identification, billing, customer notifications and marketing, you agree to provide Fidium with current, accurate, complete and updated contact information, including your legal name, address, telephone number(s), email address and applicable payment data (e.g., bank account number). You agree to notify Fidium immediately of any changes in your account information. Proceeding with the portal registration process indicates your intent to comply. You also understand that it is your responsibility to ensure that the contact information you have on file with Fidium is valid and that Fidium will not be held liable for failure to receive paperless statements or other notifications due to invalid or unmanaged customer contact information.

By providing your phone number(s) and/or email, you authorize Fidium to contact you at such number(s) and/or email regarding your account using any means of communication, including, but not limited to, calls (including prerecorded calls) and/or SMS text messages to your mobile device using an automated or predictive dialing device, even if you will be charged by your mobile service provider(s).

2. Online Billing & Payments, Paperless Statements and Related Notifications

To the extent you utilize Fidium’s electronic billing and payments services, you – the Account Holder and Primary User – acknowledge and agree that Fidium makes no guarantee that communications or transactions conducted online will be secure. You authorize Fidium, its agent or financial institution to initiate debit entries to the bank or credit card account(s) you set up for one-time payments, automatic recurring payments or mobile payments. You acknowledge that you must update your payment method on the Fidium Customer Portal if you need to have a scheduled or recurring payment debited from another account. You agree to promptly notify Fidium of any errors. You agree that you are solely responsible for ensuring the accuracy and timeliness of your payments. You further acknowledge and agree that there may be network, system or other failures that may limit your ability to use the online services or receive other notifications about your account. In the event of returned payments and/or failure to pay by the bill due date, additional fees may apply. Information that you provide to us as part of your application for electronic payment services, and information received from payment transactions, is used solely for the purposes of processing your payment. We do not disclose any such information to anyone except those who need to know that information to provide our services to you, as permitted by law and in accordance with our customer Privacy Policy.

Payment Authorization and Payment Remittance:

You authorize Fidium and its payment vendors (“the Service”) to follow the Payment Instructions that it receives through the online payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Fidium directives. If you choose to utilize a Payment Account that is a credit card account, you understand and acknowledge that the Service does not perform any identity verification on such credit card accounts. When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the day you want Fidium to receive your Bill Payment and the day your Payment Account will be debited (“Scheduled Payment Date”). You certify that any Payment Account you add to your profile is an account from which you are authorized to make payments, and any payment you make using the Service will debit/charge a Payment Account that you are legally authorized to use. The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

1.    If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;

2.    The Service’s payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;

3.    If, through no fault of the Service, Fidium makes available to you split-payment functionality (in which your payment may be split and allocated in various ways) that does not split and/or allocate the payment in accordance with your Payment Instruction;

4.    You have not provided the Service with the correct Payment Account information; and/or

5.    Circumstances beyond the control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) that prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller that does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

Payment Methods:

The Service reserves the right to select the method in which to remit funds on your behalf to Fidium. These payment methods include, but are not limited to, an electronic payment, via ACH, debit cards and credit cards.

Failed Transactions:

In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, if there are insufficient funds in your Payment Account to cover the transaction), the transaction may not be completed.

Mobile Bill Alerts & Payments:

Fidium offers through its Fidium Customer Portal the ability for customers to enroll in text message notifications about bill amounts and due dates, and the availability to pay those bills via SMS text message or online. By enrolling in these notifications, you understand that you are responsible for any fees from your mobile service provider as a result of receiving text messages. Fidium is not responsible for any fees incurred by your use of this notification service or for late or missed bill payments if you do not receive text message notifications.

Bill Delivery and Presentment:

To the extent you utilize Fidium’s electronic bill delivery and presentment services; you acknowledge and agree that it is your sole responsibility to contact Fidium if you do not receive your billing statement. Fidium will use its best efforts to present your electronic bills on the Fidium Customer Portal promptly. In addition to posting billing statements on the Fidium Customer Portal, paperless billing subscribers will receive an email notification to the Primary Email Address associated with their portal account when their bill is ready to view and pay on the Fidium Customer Portal. Customers who also subscribe to Mobile Bill Alerts will receive a text message to a mobile number provided when their bill is ready to view and pay by text message or on the Fidium Customer Portal.

It is your sole responsibility to ensure that this contact information is accurate. In the event you do not receive notification, it is your responsibility to periodically log on to the Fidium Customer Portal and check on the delivery of new electronic bills. You are responsible for ensuring timely payment of all bills.

Cancellation of electronic bill notification: Fidium reserves the right to cancel the presentment of electronic bills at any time; and shall have the right to immediately discontinue presentment of electronic bills without notice to you in such an event.

Non-Delivery of electronic bill(s): You agree to hold Fidium harmless should we fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. 

Your Liability for Unauthorized Transfers:

If you believe there have been unauthorized transfers related to your Payment Account and/or Fidium Account, you should notify Fidium’s Customer Care department immediately at 1.844.4.FIDIUM (1.844.434.3486). If your monthly financial institution conducts transfers that you did not authorize, you must tell Fidium at once. If you do not notify Fidium within ninety (90) days after the statement was sent to you, you may lose any amount transferred without your authorization after the ninety (90) days if we can prove that we could have stopped someone from taking the money had you notified us in time.

Information Authorization:

You agree that the information you provide will be processed in a verification process. You agree that Fidium reserves the right to obtain financial information regarding your Payment Account from your financial institution (for example, to resolve payment posting problems or for verification).

Service Fees and Additional Charges:

Any fees associated with your Payment Account will continue to apply from the applicable financial institution or credit card issuer. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider in connection with your utilization of the Fidium Customer Portal, including but not limited to any text message fees associated with Mobile Bill Alerts by text message. When applicable, Fidium will add any applicable fees and/or charges to your Account and you are responsible for payment of such fees and charges for your use of the Service.

Address or Banking Changes:

It is your sole responsibility to ensure that the contact information in the Fidium Customer Portal is current and accurate. This includes, but is not limited to, name, address, phone number(s) and email address(es). Any changes made to your Payment Account are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

Payment Notifications:

By accepting these Terms and Conditions, you agree to receive all payment notifications in electronic form – either delivered within the Fidium Customer Portal or by email to the Primary Email Address listed for your portal account, or to your mobile phone or device as a text message. It is your sole responsibility to ensure that the email address and mobile phone number listed for your account are accurate and current.

3. Site Use and Content 

You may view, copy or print pages from the Fidium Customer Portal solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute, manipulate or publish any information from the Fidium Customer Portal without the express written permission of Fidium. You agree to comply with all applicable laws, statutes, rules and regulations relating to your use of this service. At any time, Fidium may, without notice, make changes to the Fidium Customer Portal or to the online products and services described. Without the express prior written authorization of Fidium, you may not: 

•    Use any data mining robots ('bots'), hardware or software modules that add a specific feature or service by plugging into an existing larger system ('plug-ins'), or similar data gathering and extraction tools, scripts, applications, or methods on this site; 

•    Use any device, software or hardware to bypass any operational element or to interfere, or attempt to interfere, with the proper working of this site, server or activities conducted therein; 

•    Take any action that imposes an unreasonable or disproportionately large load on this site or its network infrastructure or that adversely affects our network or other customers; 

•    Decompile, reverse engineer, modify or disassemble any of the software in or associated with the network and/or server; 

•    Use any meta tags or any other 'hidden text' utilizing Fidium’s name or any Fidium trademark without Fidium’s prior written permission; or 

•    Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of Fidium or use any Fidium trademark except as permitted by Fidium. 

Fidium reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these Terms of Service and to suspend or end your service or block access to the Fidium Customer Portal for any reason (including suspected misuse) or for any violation of these Terms of Service. Unauthorized use of the Fidium Customer Portal or the network infrastructure and/or data display by a person or entity that is not the authorized user of the account is illegal and Fidium reserves the right to take legal action. 

4. Minimum Browser Requirements

The Web pages and Web applications support the latest versions of Google Chrome, Apple Safari, Microsoft Edge, and Mozilla Firefox. These browsers are supported on Windows, MacOS, iOS, and Android, with Linux being a "best effort" case. Only platforms and devices still supported by their respective vendors are supported.

5. Links to Other Websites and Third-Party Services 

The Fidium Customer Portal may contain links to other websites, including those that are not operated by Fidium.  We are not responsible for any information you may receive through or from such websites, and we do not investigate such websites or review their content.  The existence of a link does not imply our approval or endorsement of a linked website. If you access any of these third party sites, you do so at your own risk.

The Fidium Customer Portal and the FidiumFiber.com website may allow access to or advertise a third-party merchant site (a "Merchant") with whom you may interact.  Fidium does not operate or control the products or services offered by Merchants and has no responsibility for any non-Fidium Company website linked to the Fidium Customer Portal or FidiumFiber.com.  We are not a party to any transaction entered into between you and a Merchant.  You agree that use of any Merchant is AT YOUR SOLE RISK.  UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND A MERCHANT, OR FOR ANY INFORMATION APPEARING ON A MERCHANT WEBSITE.  The rules, policies (including privacy policies) and operating procedures of a Merchant will apply to you while on that Merchant’s site.  We are not responsible for information provided by you to Merchants.  Any content from Merchants is the sole responsibility of the Merchant who makes it available.  Merchants may not act for or bind a Fidium Company.  We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

6. Online Ordering

You represent and warrant that if you, or an Authorized for Change User you designate, are purchasing a product or service through the Fidium Customer Portal, that you will pay the new charges you incur, including applicable taxes and fees. You must agree to the Fidium terms and conditions specific to your purchased product at the time of purchase. Specific Terms and Conditions of any online orders and their impact on monthly recurring fees or one-time charges will be further explained at the point of sale.

7. Trademark Information 

Fidium product and service names identified on the Fidium Customer Portal are trademarks or service marks of Fidium or its affiliates. You may not use any Fidium trademarks or service marks without Fidium’s prior written permission. All other products or services referenced on the Fidium Customer Portal are the trademarks or service marks of their respective owners. Content on the Fidium Customer Portal may not be duplicated, distributed, made public, modified or edited without Fidium’s approval.

8. Disclaimers 

AS THE USER OF THE FIDIUM CUSTOMER PORTAL AND ITS SERVICES, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVICE AND THE INTERNET GENERALLY. 

FIDIUM DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT SHALL FIDIUM BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER TYPES OF DAMAGES THAT ARISE OR RESULT FROM LOSS OF USE, LOSS OF DATA OR LOSS OF PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, IN CONNECTION WITH YOUR USE (OR YOUR INABILITY TO USE) OR THE PERFORMANCE OF THIS SERVICE OR THE INTERNET GENERALLY, OR ANY CONTENT THAT YOU MAY DOWNLOAD, ACCESS OR USE. 

9. No Warranties 

YOU UNDERSTAND AND AGREE THAT FIDIUM’S ONLINE SERVICES, EXCEPT WHERE PROHIBITED BY LAW, ARE PROVIDED 'AS IS’ AND ‘AS AVAILABLE’ WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. 

No advice or information given by Fidium, its affiliates or their respective employees shall create any warranty hereunder. Fidium does not warrant that the information on the Fidium Customer Portal or on the Internet generally will be uninterruptible or error free, or that any information, software or other material accessible from the Fidium Customer Portal is free of viruses or other harmful components. Fidium is not responsible for any losses or damages incurred by users of the Fidium Customer Portal, consequential or otherwise.  

Fidium has the right to make changes and updates to any information contained on the Fidium Customer Portal without prior notice.

10. Governing Law 

These Terms of Service are governed by and shall be construed under the laws of the state of Delaware, exclusive of its choice of law rules.  

11. Indemnification

You agree to indemnify, defend and hold harmless Fidium and its affiliates from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) that arise from: (1) any violation of these Terms of Service by you or the Linked Users you designate; (2) any violation or misappropriation of any rights of a third party by you, including a third party’s intellectual property rights; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through the service, the Fidium Customer Portal or our network; or (5) your use of this service, the Fidium Customer Portal or our network.

12. Privacy and Acceptable Use Policies

Fidium is committed to protecting the privacy of its customers.  Fidium posts its privacy and acceptable use policies at https://www.fidiumfiber.com/policies.  Please take a few minutes to review these policies.  Your acceptance of these Terms of Service and use of the Fidium Customer Portal indicates that you have read and understand the terms of Fidium’s privacy and acceptable use policies.  

13.Additional Privacy Disclosures With Respect to the Mobile Alerts Program 

You acknowledge that in connection with your optional use of the Mobile Alerts Program, Fidium and its affiliates and service providers may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or Software (collectively “User Information”). Fidium and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. Fidium and its affiliates and service providers also reserve the right to monitor use of the Services and Software for purposes of verifying compliance with the law, these terms and conditions, and any applicable Software license, but disclaims any obligation to monitor, filter, or edit any content.