Terms and Conditions
Alaska Communications Consumer Service Terms and Conditions
General.You accept these Terms and Conditions by doing any of the following: (a) signing them on paper or electronically; (b) accepting them through an oral or electronic statement; (c) using or paying for Alaska Communications consumer-grade services (Consumer-grade services are referred to in these Terms and Conditions as the “Services” and constitute consumer services that are not governed by a tariff filed with the Regulatory Commission of Alaska). References to “Alaska Communications” include, as applicable: Alaska Communications Internet, LLC; ACS Long-Distance, LLC; TekMate, LLC, and Alaska Communications’ local exchange Companies. Your contract (the “Contract”) includes these Terms and Conditions, your service order(s)/request(s) that have been accepted by Alaska Communications, and the Acceptable Use Policy referenced below.
- Responsibilities of the Parties. You are responsible for your use of the Alaska Communications Service (including use of your Alaska Communications Account by others). You agree that Alaska Communications will perform a credit check on you prior to service delivery. Alaska Communications agrees to provide Services to You subject to the availability of the required facilities and service components to your location and in accordance with these Terms. You warrant that use of the Services and Content of communications by You and those who access or use the Services purchased by You ("Users") will at all times comply with the Alaska Communications Acceptable Use Policy, all applicable laws, and regulations. "Content" includes information made available, displayed or transmitted in connection with the Services. No actions or inaction by Alaska Communications shall constitute review or approval of your or Users' use or Content. You are responsible for ensuring that all of the equipment that You and Your Users use is compatible with the Services. If You suspect that the Services provided to You have been fraudulently used, You must immediately notify Alaska Communications. Alaska Communications grants to You the right to permit Users to access and use the Services, provided that You shall remain solely responsible for the access and use by any User of the Services. You shall defend, indemnify and hold harmless Alaska Communications from and against all Damages arising out of third party claims relating to You or Your Users' use of the Service or Content or performance of the Service. You grant Alaska Communications access rights to the property and premises that You control. You shall cooperate with Alaska Communications’ efforts to procure such access rights for the portions of the property not under your control. Access rights include (i) the right to construct, install, repair, maintain, replace and remove access lines and network facilities, as well as the use of ancillary equipment space within the building, for the connection of customer to Alaska Communications’ network using Alaska Communications-owned or Alaska Communications-leased facilities; and (ii) 24 hours a day, 7 days a week access to the access lines and network facilities on the property.
- Acceptable Use Policy. If a Service is provided over or includes access to the Internet, You and your Users shall comply with the Alaska Communications Acceptable Use Policy (at www.AlaskaCommunications.com), as revised by Alaska Communications periodically. Violation of the Acceptable Use Policy by You or your Users may result in suspension and/or termination of the applicable Services.
- Ownership Rights. Subject to FCC number portability requirements, a ll IP addresses, Alaska Communications-based domain names and telephone numbers shall remain, at all times, property of Alaska Communications and shall be nontransferable. You shall have no right to use such IP addresses, Alaska Communications-based domain names or telephone numbers upon termination or expiration of the applicable Service.
- Charges / Payments. You agree to pay Alaska Communications for You and Your Users' use of the Services at the charges specified in the Rate Quote, as amended, which are undisputed, without deduction or setoff. Per initial order but subject to periodic rate adjustments which will take effect on the earlier of 30 days after written notice or the first billing that contains the increased charge. If you cancel service within 15 days after receipt of the first bill with the increased charge, the increase will not apply.
When payment for Service is made by check, applicable NSF fees will be charged for each check returned to Alaska Communications unpaid for any reason, whether or not the check was returned for insufficient funds. A late charge of .875% per month, or such lesser amount required by law, will be added to past due accounts. Payments mailed to Alaska Communications will be deemed paid only when received and credited to Your account. Alaska Communications may require You to make a deposit to be held by Alaska Communications. Payment of a deposit does not relieve You from complying with the provisions of this Paragraph regarding the prompt payment of bills, and does not affect Alaska Communications’ right to discontinue Service for nonpayment. The deposit may be used by Alaska Communications for bill payment in the event of non-payment. At the termination of your Service, Alaska Communications will refund any deposit balance remaining without interest.
- Termination / Disconnection of Service. If either party fails to perform or observe any material term of the Contract and the breaching party does not cure the failure within 30 days after receiving written notice of the breach, the other party may terminate the Contract for cause. If You fail to pay any charge when due and such failure continues without cure for 10 days after written notice from Alaska Communications, Alaska Communications may terminate the Contract. You may terminate Service at any time, but if you terminate prior to the end of the Contract term if applicable, you will be subject to Early Termination Charges. Following any termination, you will be responsible for payment of all amounts due under as of the last day of the calendar month in which such termination is exercised and such payment will be made within 30 days after that date.
- Early Termination Charges. If you terminate either a 1-Yr, 2-Yr or 3-Yr Service Term Contract prior to the completion of the minimum commitment term, Early Termination Charges will apply, which may include charges required by tariff, and payment of an Early Termination Charge of $99 for a 1-Yr Service Term and $15.00 per month multiplied by the number of months remaining in the then-current Contract term, not to exceed $360.00 (2-yr) or $540.00 (3-yr). Due to the special nature of this transaction, the parties acknowledge and agree that in the event of an early Customer Termination, (i) it will be impractical or extremely difficult to determine damages suffered by Alaska Communications, (ii) Customer wishes to have a limitation placed upon its potential liability to Alaska Communications for Customer Termination, and (iii) the Early Termination Charge represents a reasonable estimate of the damages which Alaska Communications will sustain in such event. Notwithstanding the foregoing, Customer will have no liability for Early Termination Charges in the event of termination as a result of a breach by Alaska Communications or a Force Majeure event.
- Privacy. Under federal law, you have the right and we have a duty, to protect the confidentiality of certain personal information that we obtain solely by virtue of providing your telecommunications services. This information, called CPNI, includes information that relates to the quantity, technical configuration, type, destination, location, and amount of your use of our service and related information in your bills. It does not include your name, address or telephone number. We may use your CPNI to provide information to emergency personnel, protect you or others from fraudulent, abusive or unlawful use of our services, to protect Alaska Communications’ rights or property, or to comply with any law or legal process. Your approval for us to use your CPNI may enhance our ability to offer products and services tailored to your needs. You consent to the use of your CPNI by us or our authorized agents allows us to use email, text messaging, regular mail, or other reasonable means to contact you to advise you about our Services or products or service-related or account issues. Your consent to use your CPNI remains in effect unless withdrawn or revoked by you as set forth below.
- Warranties / Limitation of Liability / Indemnification. The Service(s) provided hereunder are provided “AS IS” and “AS AVAILABLE.” Alaska Communications DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, DIRECT OR INDIRECT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO, IMPLIED OR EXPRESS WARRANTIES OF SUITABILITY, DURABILITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE (1) SERVICES OFFERED, (2) EQUIPMENT USED TO PROVIDE SERVICES, (3) SOFTWARE USED TO ACCESS INTERNET RESOURCES, INCLUDING SOFTWARE MADE AVAILABLE BY Alaska Communications, IF ANY, AND (4) ANY AND ALL CONTENT WHICH MIGHT BE ENCOUNTERED ON THE INTERNET FROM TIME TO TIME. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES SHALL BE BORNE SOLELY BY YOU. Alaska Communications MAKES NO WARRANTY ON UP-TIME, MEAN-TIME BETWEEN FAILURES, QUALITY OF SERVICE, THE QUALITY OF VOICE OR FAX COMMUNICATIONS. Alaska Communications MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. Alaska Communications IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL. Alaska Communications DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT YOUR SOLE RISK AND DISCRETION AND Alaska Communications WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY. Alaska Communications MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Alaska Communications, ITS EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. NO WARRANTY IS MADE AS TO THE COVERAGE AVAILABILITY OR GRADE OF SERVICE PROVIDED BY Alaska Communications. Alaska Communications’ TOTAL LIABILITY FOR ANY AND ALL DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED AND CAPPED IN THEIR ENTIRETY TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE MONTHLY FEES Alaska Communications CHARGED YOU DURING THE ONE (1) MONTH IMMEDIATELY PRIOR TO THE DATE THAT THE EVENTS GIVING RISE TO THE ACTION OR CLAIM FIRST OCCURRED. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES.
- Excusable Delay and Failure to Perform. Neither Party shall not be held liable for any delay, failure in performance, loss or damages due to a force majeure event including but not limited to fire, theft, embargo, explosion, power problem, earthquake, avalanche, volcanic action, flood, war, water, the elements, labor disputes or unrest, including strikes, slowdowns, picketing, or boycotting, civil disturbances, any law, order, regulation, ordinance, or requirement of any government or legal body, or any representative of any such government or legal body, or military authority, acts of God or public enemies, inability to secure raw materials, inability to secure Equipment or transportation facilities, acts or omissions of carriers, or other causes beyond the reasonable control of Alaska Communications.
- Special Terms for WiFi-based services. Services that are provided via shared WiFi access and do not include a router that is dedicated to your account are governed by the provisions of this section. These Services are pre-paid Services and the provisions below apply in place of the first paragraph of Section 4, above.
a. Ongoing Service. Your Service may start with a free trial, and will continue month-to-month thereafter. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Service. We will bill the monthly Service fee to your Payment Method. You must cancel your Service before it renews each month in order to avoid billing of the next month's Service fees to your Payment Method.
b. Recurring Billing. By starting your Service and providing or designating a Payment Method, you authorize us to charge you a monthly Service fee at the then current rate, and any other charges you may incur in connection with your use of the Internet service to your Payment Method.
c. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes to your service will take effect for the next Service period following email notice to you.
- Cancellation. You may cancel your Service at any time, and you will continue to have access to the Internet service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SERVICE PERIODS OR UNUSED SERVICE. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation on “Service Packages” tab. If you cancel your Service, your account will automatically close at the end of your current billing period.
- General. If upon termination of Service, the account has either a nominal credit or amount due that is less than $1.00, You will not receive a refund of the credit or will not be billed for the amount due. You shall pay to Alaska Communications all costs and expenses, including without limitation, reasonable attorneys’ fees, and the fees of any collection agencies and court costs, incurred by Alaska Communications in enforcing or exercising any of its rights or remedies under these Terms. Your use of an Alaska Communications account constitutes your waiver of any and all claims against Alaska Communications for any and all such damages. The failure of Alaska Communications to insist in any one or more instances, upon the performance of any of these Terms, or to exercise any right, shall not be a waiver or relinquishment of the further performance of any such Term, or the future exercise of such Terms, and Your obligation with respect to such future performance shall continue in full force and effect. If any provision of the Agreement is contrary to prohibited by, or deemed invalid under applicable law, such provision shall be deemed omitted to the extent so contrary, prohibited or invalid, but the remainder of the Agreement shall not be affected and shall be given effect so far as possible. This document and the rights and duties of the parties shall be governed and interpreted according to the laws of the State of Alaska. No assignment or transfer, in whole or in part, of the Agreement (or any part of it) shall be binding upon Alaska Communications without its express written consent. The Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors, administrators, legal representatives, heirs, and assigns, where permitted by these Terms and Conditions. The captioned headings have been included in these Terms and Conditions merely for convenience of reference, and are not to be considered part of, or to be used in interpreting, these Terms and Conditions.
Email Opt-out: You may opt out of receiving marketing-related emails by following the “Unsubscribe” instruction (found at the bottom of the email), or by contacting a customer service representative toll-free at 1-800-808-8083.
Text Messages Opt-out: You may opt out of receiving marketing-related text messages from Alaska Communications by following the instructions at the end of the text message, or by calling a customer service representative toll-free at 1-800-808-8083.
Your choice to grant or withdraw your consent will not affect the status of any services you currently have with Alaska Communications.
The above limitation of liability shall apply regardless of the form of the action, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise. In no event shall Alaska Communications, its officers, employees, agents, partners and licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Alaska Communications has been advised of the possibility of such damages), resulting from: (i) the use or inability to use the Alaska Communicatizons services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Alaska Communications services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party using Alaska Communications services; or (v) any other matter relating to the Alaska Communications services.
Your use of an Alaska Communications account constitutes your agreement that any and all damages which might arise from your use of the services, equipment supplied, software, Internet content, shall be your responsibility and shall not be the responsibility of Alaska Communications. You shall defend, indemnify and hold harmless Alaska Communications, its officers, directors, employees, affiliates and agents, from and against any and all claims, demands, suits, liabilities, judgments, costs, causes of action, losses, expenses (including reasonable attorney’s fees), and damages resulting from: (1) any negligent acts, omissions or willful misconduct by you, (2) your use of the Services, (3) any breach of this Contract by you, (4) your violation of any law or of any rights of any third party, (5) for libel, slander or infringement of copyright from the material transmitted via the telephone access number, and (6) for any claim arising in any way, directly or indirectly, in connection with the Agreement . The provisions of this section are for the benefit of Alaska Communications and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. This indemnification obligation shall survive the termination of the Agreement. Alaska Communications will be held harmless for improper installation of any equipment. Alaska Communications shall not be liable for any delay or failure to perform due to any cause beyond its control. Alaska Communications takes no responsibility for any such on-line distribution or publication by you. Alaska Communications does not review messages or content you may generate or post, and Alaska Communications is not responsible for what is contained in those messages or content. As a condition of your use of an Alaska Communications account, you agree to indemnify and hold harmless Alaska Communications for any and all claims made by any third party arising from your use of your Alaska Communications account, including claims against anyone utilizing your Alaska Communications account, whether or not known or allowed by you.