New Subscribers Please Read Carefully
By becoming a Fuse subscriber, you agree to the terms and conditions of service as detailed in the Fuse Customer Agreement document that follows.
NOTE: The United States Postal Inspection Service offers subscribers a complete description of Chain Letters — which are NOT permitted on Fuse — and why they are illegal.
Fuse™ Customer Agreement
Internet access and related services, offered by Cincinnati Bell Inc. under the trademark "Fuse", are provided to you subject to this Customer Agreement ("CA") and Fuse's Newsgroup Policy ("NP").The CA and the NP comprise the entire agreement between Cincinnati Bell and you. Cincinnati Bell may revise the CA and NP at any time, and such revision shall be effective immediately upon either posting of the revised CA or NP in the "Subscriber Services" area, or notifying you via email or conventional mail. You agree to review the CA and NP periodically to be aware of such revisions. If any revision to the CA or NP is unacceptable to you, you may terminate your subscription as provided in Section 8 below. Your continued use of Fuse following notice of any such revision to the CA or the NP shall be conclusively deemed acceptance of all such revisions.
1. Your Account
You represent that you are at least eighteen years old. By registering as a Subscriber, you will receive an "Account" with a user ID and select a password. You are entirely liable for all activities conducted through your Account and any sub-accounts or screen names under your Account. (You may permit another individual, including a minor, to use your Account subject to your supervision and with assumption of all resulting liabilities.) You agree to provide Cincinnati Bell with accurate, complete and updated registration information, and failure to do so shall constitute a breach of this Agreement and unauthorized access to Fuse, and may result in immediate termination of your Account and subject you to civil and/or criminal liability. Cincinnati Bell reserves the right to disclose to third parties certain limited subscriber information (e.g., your name, mailing address and email address) available to selected vendors for the purpose of providing to Subscribers information about related products and services and available to other Subscribers for email communications.
2. Charges
Current rates and surcharges for using Fuse may be obtained by selecting "Dial-up Internet Access" under "Fuse Products" or by calling 1-800-FUSE-NET (1-800-387-3638). Monthly service charges are billed in advance with usage billed in arrears. The first month's bill will reflect a total of set-up fee, prorated service fees for the partial month from date of service initiation to first monthly billing date, and advanced monthly billing. Cincinnati Bell reserves the right to change its fees and billing methods at any time effective upon thirty (30) days' prior notice by posting such change(s) in the "Fuse Products" area. If any change in fees or billing methods is unacceptable to you, you may immediately terminate your Subscription as provided in Section 8 below. Your continued use of Fuse following any such changes in fees or billing methods shall be deemed acceptance of such changes. Your monthly membership fee is payable in advance; upon cancellation or termination of your account, it will be credited for any pre-paid, unused service fees. You are responsible for all charges associated with connecting to Fuse through an available access number. Depending on your particular location, the nearest access number may or may not be a local phone call. Subscribers accessing Fuse from outside the continental United States may be assessed special communication surcharges, which apply even if you are using your trial hours. You are responsible for all activities and charges under your Account, including any unauthorized charges to your account, until you notify Cincinnati Bell of any breach of security by calling Cincinnati Bell at 1.800.Fuse.net® (1.800.387.3638) and change your password. Each time you use Fuse you agree and reaffirm that Cincinnati Bell is authorized, as applicable, to charge your designated card or withdraw funds via electronic funds transfer from your checking account. You agree that if you want to see the detailed components of accumulated charges you may do so by accessing "Review your Fuse bill and account information" under "Account Information" in "Subscriber Services."
3. Rights and Responsibilities
- Content.
You acknowledge that (i) Fuse contains information, communications, software, photos, video, graphics, music, sounds and other material and services (collectively, "content"), and (ii) such content is generally provided under license by independent content providers ("ICPs") and other Fuse subscribers. You and any user of your Primary Account have a responsibility to evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any content available through Fuse. Cincinnati Bell does not pre-screen content as a matter of policy. However, if Cincinnati Bell becomes aware, through subscriber complaints or otherwise, of any content that it, in its sole discretion, considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, offensive, or otherwise objectionable or in violation of the CA or NP, Cincinnati Bell shall have the right, but not the responsibility, to remove such content and to terminate membership without notice.
- Rights.
You acknowledge that (i) Fuse permits access to content that is protected by copyrights, trademarks and other proprietary (including intellectual property) rights ("Rights"), and (ii) that these Rights are valid and protected in all media existing now or later developed and (iii) except as is explicitly provided otherwise, your use of content shall be governed by applicable copyright and other intellectual property laws. You agree that you may upload to the software files, message boards or otherwise transmit on or through Fuse only content that is not encrypted, content that is not subject to any Rights, or content in which any holder of Rights has given express authorization for distribution on Fuse. By submitting content to any "Public Area" (e.g., public message boards, newsgroups and file areas), you automatically grant -- or warrant that the owner of such content has expressly granted -- Cincinnati Bell the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any Rights that may exist in such content. You may not select or use a screen name of another person (unless it’s also your name), or a name subject to the Rights of any person other than you. You also may not use a screen name that suggests to Subscribers the availability of content that Cincinnati Bell, in its sole discretion, considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, offensive, or otherwise objectionable or in violation of the CA or NP. You will not attempt to conceal or disguise your screen name in any communication with or via Fuse. Cincinnati Bell reserves the right to limit in its sole discretion the space allocated for storage of your electronic mail and the time for which it will be preserved, as well as the volume of traffic permitted to any personal Web page if, by way of examples and not limitation, unusually heavy volume may result in abnormally high usage fees or may impede the operation of the service.
- Conduct and Communication.
Cincinnati Bell may elect at its sole discretion to monitor some, all or none of the Public Areas of Fuse for adherence to the CA and NP. A connection to Fuse is not intended to be a dedicated Internet access line; consequently, Cincinnati Bell reserves the right to disconnect lines that Cincinnati Bell suspects in the good faith exercise of it's judgement, are being used for that purpose. You agree to use Fuse only for lawful purposes. Any conduct by you that in Cincinnati Bell's sole discretion restricts or inhibits any other subscriber, person or entity from using or enjoying Fuse or another service will not be permitted and shall entitle Cincinnati Bell to immediately terminate membership without notice. Cincinnati Bell intends to respect your privacy and will not randomly monitor or disclose the contents of private communication (e.g., email). However, Cincinnati Bell reserves the right, as permitted by law, to monitor or disclose the contents of private communication, if it in good faith believes that such action is necessary (i) to comply with applicable law or valid legal process (e.g., warrant, court order), (ii) to protect the rights or property of Cincinnati Bell, or (iii) in emergencies when physical safety is at issue.
Without the prior written consent of Cincinnati Bell, Customer will not access, or attempt to access, any equipment or facilities furnished by Cincinnati Bell in connection with this Agreement. Customer agrees to use Internet access only for lawful purposes. Any conduct by Customer that in Cincinnati Bell's sole discretion restricts or inhibits any other Internet Service Provider, subscriber, person or entity from using or enjoying Fuse or another service will not be permitted and shall entitle Cincinnati Bell to immediately terminate service without notice provided Cincinnati Bell has made best efforts to attempt to resolve issue with Customer. Examples of such conduct include, but are not limited to, sending of Unsolicited Bulk Email (UCE) or "SPAM", Commercial advertisements in USENET Newsgroups not intended for that purpose, attempts to access remote computing systems without permission, and attempts to subvert any network security measures of Fuse or any other network. Customer will indemnify and hold harmless Cincinnati Bell, its officers, directors, employees and agents, from and against any loss or expense, of whatever nature, arising out of any unauthorized access to any equipment or facilities furnished by Cincinnati Bell in connection with this Agreement.
- Electronic Mail Policy.
Customer will be permitted to store electronic mail messages on the Fuse Internet Access mail servers for a period not to exceed ninety (90) days. Fuse Internet Access reserves the right to remove from the mail servers any and all mail messages that are greater than ninety (90) days old. Customer will be permitted to store an amount of electronic mail on the Fuse internet Access mail servers not to exceed twenty-five (25) MB (megabytes) in size. Fuse Internet Access reserves the right to remove from the mail servers any and all messages that cause the Customer to exceed this limit. Additionally, Fuse Internet Access reserves the right to refuse to accept delivery of any and all mail messages that would cause Customer to exceed any of the limitations described herein. Customer will indemnify and hold harmless Cincinnati Bell, its officers, directors, employees and agents, from and against any loss or expense, of whatever nature, arising out of Fuse Internet Access' enforcement of this policy.
4. International Service/Internet
- International Areas.
You acknowledge that your use of Fuse allows access to content originating from subscribers, ICPs and other third parties located in countries other than the United States ("International Service"). Your access to and use of the International Service will be governed (in addition to this Agreement) by separate terms and operating policies which conform to the appropriate national laws and customs.
- Internet.
Fuse offers Subscribers access to the Internet. The Internet is not owned, operated or managed by, or in any way affiliated with, Cincinnati Bell or any of its affiliates; it is a separate network of computers, independent of Fuse. Your use of the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations. Cincinnati Bell retains the right, but not the obligation, in its sole discretion and without prior notice or liability, to restrict or terminate your access to the Internet via Fuse or your access to Fuse.
5. Fuse Software
Cincinnati Bell grants you a non-exclusive, limited license to use the software through which you access Fuse ("Fuse Software") only for use in connecting to Fuse from authorized locations in accordance with this Agreement.
6. No Warranty
YOU EXPRESSLY AGREE THAT USE OF Fuse, Fuse SOFTWARE AND THE INTERNET ARE AT YOUR SOLE RISK. Fuse AND Fuse SOFTWARE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. Cincinnati Bell' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF Fuse AND Fuse SOFTWARE SHALL BE THE REPLACEMENT OF ANY DISKETTE FOUND TO BE DEFECTIVE. Cincinnati Bell'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE AMOUNT PAID BY YOU TO ACCESS AND USE Fuse. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES Cincinnati Bell'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
7. Indemnification
Upon request of Cincinnati Bell, you agree to defend, indemnify and hold harmless Cincinnati Bell, its affiliated companies, licensees and ICPs from all liabilities, claims and expenses, including without limitation, reasonable attorney's fees, arising from breach of the CA or NP by use of your Account, or in connection with, the transmission by or through your Account of any content on Fuse. Cincinnati Bell reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.
8. Termination
Either you or Cincinnati Bell may terminate the Subscription at any time. Your only right with respect to any dissatisfaction with any (i) CA or NP term, or policy or practice of Cincinnati Bell in operating Fuse, (ii) content available through Fuse, or (iii) amount or type of fees or billing methods is to terminate your Subscription by delivering notice to Cincinnati Bell. Any such notice of termination will be effective upon its actual receipt by Cincinnati Bell. In the event that your Account is terminated or canceled, any online time credited to your Account is not convertible to cash or other form of credit.
9. Law
To the extent of any conflict between the CA and NP, the CA shall take precedence. Should any part of the CA be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions remain in full force and effect. The CA shall be governed by the laws of the State of Ohio, excluding its conflicts of law rules, and you and Cincinnati Bell each submit to the exclusive jurisdiction of the courts of the State of Ohio.
