Section 1. General
Section 2. ACS Wireless Voice and Data Use
Section 3. Management of Resources
Section 4. How Does ACSW Calculate My Data Usage
Section 5. Remedies Available to ACS Wireless
Section 6. Use for Lawful Purposes
Section 7. Permissible and Prohibited Uses
Section 8. Objectionable Conduct and Content that Violate the Policy
Section 9. System and Network Security
Section 10. Information, Files and Programs - Limitation of Liability
Section 11. Personal Information - Limitation of Liability
Section 12. Privacy; Monitoring the Services
Section 13. One Account, One Connection
Section 14. Interruption of Service
Section 15. Equipment, Return Policy, and Miscellaneous
1. General.
The rules and standards set forth in this Alaska Communications Wireless Data Acceptable Use Policy (the “ACS Wireless Data Acceptable Use Policy” or “Policy”) will apply to the use of ACS Wireless Data Services by an individual or entity subscribing to, and/or using, an ACS Wireless Data account (hereinafter referred to as “you” or “Customer”). Your subscription to and use of an ACS Wireless Voice or Data service constitutes acceptance of and agreement to comply with the requirements and terms of the ACS Wireless Acceptable Use Policy, and you acknowledge that you have read and understand them. As an ACS Wireless Customer, you agree to comply with the rules, standards and guidelines set out in this ACS Wireless Acceptable Use Policy, and you acknowledge that ACS Wireless has the right to enforce the Policy, in its sole discretion. This means that if you or anyone using your wireless privileges violates any provision of this Wireless Acceptable Use Policy, ACS Wireless may take all appropriate action, including issuing a warning to you or termination of your account privileges, with or without notice. Prospective customers who cannot or otherwise believe that they may not comply with the Policy requirements should not purchase services from ACS Wireless. Current customers who cannot or choose not to comply should deactivate their service. Early Termination Charges may apply if you choose to terminate service prior to the end of your service term.
ACS Wireless reserves the right to modify its Wireless Acceptable Use Policy at any time without notice. Your continued use of an ACS Wireless Service constitutes acceptance of the then-current Wireless Acceptable Use Policy in place as posted on this website. Capitalized terms not otherwise defined in this Policy will have the meaning given to them in the Wireless Voice and Data Service Agreement and Prepaid Customer Agreement, to which this Policy is made part.
Section 2. ACS Wireless Voice and Data Use
As the account holder, you are solely responsible for any and all use made of your ACS Wireless Services, including the conduct of anyone else using your account. Violations of this Policy by a particular account will be the responsibility of the account holder, regardless of whether the account holder was personally responsible for the violation. This includes the content of all email messages generated or forwarded, and all content in any folders, home pages or other transmissions, information, images or other interactions you generate, transmit or maintain on or through the ACS Wireless Services.
Section 3. Management of Resources
a. To provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, ACS Wireless is required to manage its wireless network. As part of that management, ACS Wireless policy provides that if you engage in excessive usage, ACS Wireless may temporarily reduce your data throughput, or suspend, or terminate your wireless service as applicable. Excessive usage includes the following:
- Excessive data usage occurs if, in any billing period you exceed your plan limit (or, in the case of data plans without an express limit, 5GB). When you are outside of Alaska, excessive data usage occurs if, in any billing period, you exceed the lesser of your plan limit or 1GB.
- Excessive non-Alaska voice usage occurs if, in any calendar month, your voice usage outside of Alaska is in the top 5% of customer voice usage outside of Alaska.
- Excessive non-Alaska usage occurs if, in any three consecutive calendar months, all of your voice or data usage is outside of Alaska
b. ACS Wireless may also suspend, terminate, or restrict your data session, Plan, or service if you use your ACS Wireless Services in a manner that violates this policy, interferes with other customers’ service, our ability to allocate network capacity among customers, or in ways that otherwise may degrade service quality for other customers.
c. The acceptable voice and data usage amounts are subject to change without notice. Please periodically check www.alaskacommunications.com for updates.
Section 4. How Does ACSW Calculate My Data Usage?
Data usage occurs whenever your device is connected to our network and is engaged in any data transmission, including but not limited to: (i) sending or receiving email, documents, or other content, (ii) accessing websites, or (iii) downloading and using applications. Some applications, content, programs, and software that you download or that comes pre-loaded on your device, automatically and regularly send and receive data transmissions in order to function properly, without you affirmatively initiating the request and without your knowledge. For example, applications that provide real-time information and location-based applications connect to our network, and send and receive updated information so that it is available to you when you want to access it. In addition, any advertisements or advertiser-related messages or data delivered to your device, even if delivered to an application, as well as any messages or content that initiate in response to an advertisement, will count toward your data usage.
Section 5. Remedies Available to ACS Wireless
ACS Wireless reserves the right to terminate your account or suspend ACS Wireless Services to you at any time, with or without cause, including in the event of any breach of this Policy, your infringement of ACS Wireless or others' Content, or any other circumstances that merit termination or suspension, in ACS Wireless’ sole discretion.
Section 6. Use for Lawful Purposes
You may only use ACS Wireless Data services for lawful purposes. You are responsible for ensuring that your conduct when using ACS Wireless Data Services conforms to the requirements of all applicable federal, state and local laws and regulations (including foreign or international law where appropriate), and all rules, standards, and policies issued by ACS Wireless, or any applicable service provider or on-line service. The laws that apply in the offline world must be obeyed online as well.
Wireless Data Use for Illegal Purposes is Prohibited.
Posting, transmitting, promoting, distributing or storing Content in violation of any applicable law or regulation is prohibited. “Content” in violation of applicable law means the text, software, communications, images, sounds, and all other information and materials you encounter or generate online on the Internet, which is protected by copyright, trademark, trade secret or other intellectual property rights, and material that is obscene, defamatory, constitutes an illegal threat, or is otherwise considered unlawful.
The prohibition against the use of an ACS Wireless Service to engage in unlawful activity is not limited to those activities described below, but applies to any and all unlawful activity. Any ACS Wireless Data account found to be engaged in any unlawful activity will be immediately terminated.
Some examples of prohibited illegal conduct or interference include:
- Posting obscene content (including child or adult pornography).
- Planning illegal activity, such as building a bomb or counterfeiting money.
- Advertising a lottery, tobacco, alcohol, illegal drugs and drug-related paraphernalia.
- Pretending to be anyone you are not -- you may not impersonate another person (including celebrities, another ACS Customer, an ACS employee, or a civic or government leader).
- Using false statements to get, or to attempt to get, account information or other private information from other ACS Customers or other Wireless Services users.
- Engaging in copyright infringement or other intellectual property infringement.
- Activity which in any way interferes with any person, entity or computer system accessible via Wireless Services regardless of whether the interference is in violation of federal, state or local law, including but not be limited to:
- An unauthorized attempt to access or use the data or resources of another person, entity, host or network, including any attempt to probe another person, entity, host or network, or to breach the security of a system belonging to another person, entity, host or network.
- The interference with any person, entity, host or network, including but not limited to, mail-bombing, flooding, or any other deliberate attempt to adversely impact another person, entity, host or network.
In connection with the investigation of possible misuse or unlawful use of ACS Wireless Services, whether initiated by ACS Wireless or any law enforcement or governmental agency, ACS Wireless is authorized to disclose any information about you and your use of ACS Wireless Services to law enforcement or other government officials, as ACS Wireless, in its sole discretion, believes to be necessary or appropriate. In addition, ACS Wireless is required to cooperate with law enforcement or governmental authorities, including complying with search warrants, court orders and subpoenas. If ACS Wireless decides to investigate or resolve possible misuse involving you or anything you do on your ACS Wireless account, ACS Wireless is entitled to disclose any information about you and anything you do with your service to law enforcement or other government officials as ACS Wireless in its sole discretion believes to be necessary or appropriate to comply with its policies and the law.
Section 7. Permissible and Prohibited Uses
Permissible Uses.
You may only use ACS Wireless Services for lawful purposes. Your Wireless Services include the following permissible uses: Web browsing, messaging, and similar activities on your device and not on any other equipment. Permissible uses also include:
- Internet browsing
- email
- Intranet access (including access to Corporate intranets, email and individual productivity applications such as customer relationship management, sales force and field service automation)
Prohibited Uses
Wireless Voice and Data access is for individual use only and not for resale. Unless explicitly permitted by your ACS Wireless Plan, the following uses, including, for example, tethering your device to a personal computer or other hardware, are not permitted.
Some examples of prohibited uses include, but are not limited to, the following:
- Wireless Data access cannot be used as a substitute or backup for private lines or dedicated data connections;
- Use with server devices or with host computer applications, including, without limitation, web camera posts or broadcasts, automatic data feeds, telemetry applications, automated functions or any other machine-to-machine application;
- Server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing applications that are broadcast to multiple servers or recipients, “bots” or similar routines that could disrupt net user groups or email use by others or other applications that denigrate network capacity or functionality;
- Any activity that adversely affects the ability of other users or systems to use either ACS’ services or the network-based resources of others, including the generation or dissemination of viruses, malware or “denial of service” attacks;
- Accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, ACS’ or another entity’s network or systems
- Running software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions. For example, you cannot use a Data Plan for Web broadcasting, or for the operation of servers, telemetry devices and/or supervisory control and data acquisition devices.
Section 8. Objectionable Conduct and Content that violate the Wireless Data Acceptable Use Policy
You are solely responsible for your conduct while using ACS Wireless Services, including the content of all email messages you generate or forward, and all content in any folders, home pages or other transmissions, information, images or other interactions you generate, transmit or maintain on or through ACS Wireless Services. ACS Wireless takes no responsibility for any such on-line distribution or publication by you. ACS Wireless cannot and will not review every message or other content you may generate or post, and ACS Wireless is not responsible for the content of those messages.
ACS Wireless reserves the right to remove content, and if necessary, terminate your wireless data account, without notice, if we become aware of content in any ACS area which, in our judgment, would be distasteful, shocking or threatening to another user. ACS Wireless reserves the right, in its sole discretion, to make the final determination about whether content is objectionable or not.
Some examples of objectionable conduct and content that violate this Acceptable Use Policy include:
- Harassing, threatening, or embarrassing another ACS Customer.
- Stalking another ACS Customer ("cyber stalking").
- Transmitting or facilitating distribution of content that is harmful, abusive, violent, racially or ethnically offensive, lewd, vulgar or (in a reasonable person's view) objectionable.
- If you are an adult, requesting personal or other information from a minor (any person under the age of 18) who is not personally known to you, including, but not limited to, any of the following: full name or last name, home address, zip code, telephone number, picture, or the names of the minor's school, church, athletic team or friends.
- Posting or transmitting content that defames, abuses or threatens physical harm to others or yourself.
Section 9. System and Network Security
Violations of system and network security are prohibited, and may result in criminal and civil liability. ACS Wireless will investigate incidents involving such violations and will report any suspected criminal activity to, and cooperate with, all appropriate law enforcement agencies.
Examples of system and network security violations include the following:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or system without the express authorization of the owner of the system or network.
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
- Falsifying your user identity or providing other false information to ACS Wireless or to other users in connection with your use of your ACS Wireless Data account or any feature of that account.
- Posting viruses or software designed to create a virus or to do harm to ACS Wireless Data Services, any ACS Customers or users of ACS Services, or any network components.
- Taking any other action to disrupt the normal use of ACS Wireless Data Services or the Internet by other users.
- Use of software that allows your account to stay logged on while you are not actively using the account, except for those accounts specifically designed to provide these kinds of connections.
Section 10. Information, Files and Programs - Limitation of Liability
ACS Wireless Service may be used to access all manner of information, files and programs available on the Internet. When accessing such resources, ACS Wireless strongly recommends the use of an up-to-date, quality anti-virus program. While the risk of harm may be small, risk does exist. ACS Wireless cannot, and does not, attempt to guard Customers from any risk of harm associated with the use of information, files and/or programs retrieved.
ACS Wireless explicitly disclaims any responsibility for the accuracy or quality of information retrieved from the Internet, and further disclaims liability for any and all harm that might result from the use of any information, file or program retrieved from the Internet. Retrieval and/or use of any information, file or program from the Internet through the use of an ACS Wireless account is at your sole risk.
Section 11. Personal Information - Limitation of Liability
When using any online resource, whether email, newsgroups, web page postings, chat groups, on-line shopping, or other resources available on the Internet, ACS Wireless cautions account owners to use caution in divulging personal information of any kind. Such information might include credit card information, telephone and/or address information, or account names and passwords (in general, account owners should never give out account name and password information). ACS Wireless explicitly disclaims any and all liability for loss or other damage of any kind that is or might be incurred by you as a result of divulging personal information. All such information is divulged, if at all, at your sole discretion and risk.
Section 12. Privacy; Monitoring the Services
ACS Wireless is under no obligation to monitor the services it provides. However, in the event that ACS Wireless elects to do so from time to time, ACS Wireless may disclose information regarding the account holder's use of ACS Wireless Services for any reason, as determined in its sole discretion in order to satisfy applicable laws, regulations, governmental requests, or in order to operate and deliver services in an effective manner, or to otherwise protect ACS Wireless and its Customers.
Section 12. One Account, One Connection
You may use your ACS Wireless account to make only one connection at any given time, unless you have specifically purchased an account that is, in ACS Wireless’ sole opinion, suitable for multiple user applications. Multiple, simultaneous connections from an ACS Wireless account, except as noted, are prohibited. Any account found connected to two or more devices at the same time may be suspended or terminated immediately and an appropriate penalty imposed. Any data usage attributable to a party, other than the original subscriber, will be billed back to the original subscriber at $3 per MB on a retroactive basis.
Section 14. Interruption of Service
From time to time, the Services offered by ACS Wireless may be interrupted. Interruptions of service may occur for any number of reasons. Interruptions to service due to planned maintenance will generally be announced in advance of the interruption. Use of an ACS Wireless Services account constitutes the account holder’s acknowledgment that both planned and unforeseen interruptions to service will occur from time to time. The account holder acknowledges and agrees that ACS Wireless shall not be liable for any harm or loss arising from an interruption of service, regardless of the nature and extent of the harm or loss. You further acknowledge and agree that responsibility for avoiding harm or loss arising from an interruption of service, regardless of the nature and extent of the harm or loss, is your responsibility and not the responsibility of ACS Wireless.
Section 15. Equipment, Return Policy, and Miscellaneous
Your use of an ACS Wireless Data account constitutes your acknowledgement and agreement that ACS Wireless:
- Is not the manufacturer of equipment used to provide access to the Internet;
- Is not the developer of software used to access Internet resources, including software provided by ACS Wireless, if any;
- Is not the developer or provider of content available on the Internet.
ACS Wireless takes no responsibility for any such online distribution or publication by you. ACS Wireless does not review messages or content you may generate or post, and ACS Wireless is not responsible for what is contained in those messages or content.
WIRELESS RETURN POLICY
ACS values our relationship with you and offers a return policy for wireless equipment and services purchased directly from ACS. Third party authorized dealers or retailers of ACS equipment and services may have different policies that apply to their returns. ACS does not accept returns of equipment purchased from a third party dealer or retailer. Equipment purchased from authorized dealers or retailers must be returned to those dealers or retailers.
Wireless Equipment
If the wireless equipment you purchased directly from Alaska Communications does not meet your expectations, simply return it either to an Alaska Communications store or by mail within 15 days from the date the equipment was purchased. Refunds will be applied to the original payment method. Any rebate associated with the returned equipment will be voided and not refunded.
Returns/exchanges must be like new, with all original packaging, accessories, manuals and proof of purchase (receipt or invoice). You may return or exchange equipment purchased directly from Alaska Communications one time within the 15 day period. A $25 restocking fee applies to devices purchased at Alaska Communications-owned retail store. Equipment received as a result of a handset insurance claim cannot be returned or exchanged under this policy.
Service Cancellation
To avoid the early termination fee of up to $480 on wireless service you must cancel your service within 15 days from the purchase activation date. Any cancellations after thirty days will be subject to the early termination fees in your contract. Even if you cancel, you will still be responsible for all applicable usage fees, prorated access charges, taxes, surcharges and other charges incurred through the termination date. You may have to return any handsets and accessories purchased with the service before your account will be cancelled. If you are allowed to cancel service within the 15 day return period, but do not return the equipment within the return period, ACS may charge you an amount equal to or up to the full retail price of the equipment.
You may have to return any handsets and accessories purchased with the service before your account will be cancelled. If you are allowed to cancel service within the 15 day return period, but do not return the equipment within the return period, Alaska Communications may charge you an amount equal to or up to the full retail price of the equipment.
If you paid a security deposit, it will take 1 to 2 billing cycles to process the return of the security deposit after your cancellation of service. The charges for service used on the account before the service termination date will be applied against the security deposit.
Funds deposited into a Prepaid account are not refundable or redeemable for cash or credit at any time, regardless whether the cancellation of service is within 15 days of your purchase.
How to Return Wireless Equipment
When returning wireless equipment, please note the following:
- An original proof of purchase (receipt or invoice) is required with your return.
- Please remove any confidential, proprietary or personal information before returning your equipment. Alaska Communications is not responsible for any equipment containing personal information.
- All equipment (device, battery, charger, manual and software) must be returned in the manufacturer's original packaging.
- Equipment must be in like-new condition with no visible damage. (Also the box must be in good condition with the UPC intact.)
- Equipment returned within 15 days will be refunded back to the original payment method minus the $25 restocking fee.
- If you are returning the phone via mail please ensure you retain a copy of the proof of purchase and the tracking number from the shipping carrier for your records.
- Accessories will not be charged the $25.00 restocking fee, but must be returned in 15 days.
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