Alaska Communications Consumer Service
Terms and Conditions
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; or
(c) using or paying for Alaska Communications consumer-grade services.
Consumer-grade services are referred to in these Terms and Conditions as the “Services.” 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 “Agreement”) includes these Terms and Conditions, your service order(s)/request(s) that have been accepted by Alaska Communications, the Acceptable Use Policy referenced below that is available on our website at www.alaskacommunications.com/Acceptable-Use-Policy and our Service Policies that are available at www.alaskacommunications.com/ServicePolicies.
These Terms and Conditions may be revised by posting updated Terms and Conditions on Alaska Communications’ website at www.AlaskaCommunications.com/terms other applicable policies may be revised by posting an updated version at the links referenced in these Terms and Conditions. Updates will be effective on posting, except for material changes which will be effective for your next billing period after posting. If you object to a material change, you may provide written notice of your objection to Alaska Communications within 30 days of its effectiveness and the change will be suspended with respect to your account for an additional 30 days to allow Alaska Communications to respond to your concern. Should you fail to provide written notice in the time indicated, you will be deemed to have accepted the material change.
- Responsibilities of the Parties.
You are responsible for your use of Service (including the use of your Alaska Communications account by others). You agree that Alaska Communications may 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 and Conditions. 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 and all applicable laws and regulations. “Content” includes information made available, displayed, or transmitted in connection with 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, inspect, 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.
You and your Users shall comply with the Alaska Communications Acceptable Use Policy (at www.AlaskaCommunications.com/Acceptable-Use-Policy ), 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, all IP addresses, Alaska Communications-based domain names and the related email addresses, 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.
a. Alaska Communications internet and bundled customers receive electronic bills. The customer will receive an email alert to their email address of record notifying them that their bill is available for review. The customer will be able to view their monthly bill online. You agree to pay Alaska Communications for the use of the Services by all Users, without deduction or set-off. Your bill is 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.
b. Any applicable NSF fees will be charged for each attempted payment returned to Alaska Communications unpaid for any reason, whether or not the payment was returned for insufficient funds. A late charge of 0.875% per month, or such lesser amount permitted 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 Agreement 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 Agreement 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 Agreement. You may terminate Service at any time, but if you terminate prior to the end of the Agreement term, if applicable, you will be subject to Early Termination Charges as described below. Following any termination, you will be responsible for payment of all amounts due 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 multi-year term Agreement prior to the completion of the minimum commitment term, Early Termination Charges will apply equal to the reasonably anticipated monthly charges times the number of months remaining on the Agreement. 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 that has not been cured within 60 days of its commencement.
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 Customer Proprietary Network Information (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. Your 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.
a. 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.
b. 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.
- Warranties / Limitation of Liability / Indemnification.
a. 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. Alaska Communications makes no warranty that telephone calls or other transmissions will be correctly routed or completed without error or interruption (including calls to 911). 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.
b. 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 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. The 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 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.
c. Any and all damages which might arise from your use of the Services, equipment supplied, software, and 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 you or Users’: (1) negligent acts, omissions or willful misconduct, (2) use of the Services, (3) breach of this Agreement, (4) violation of any law or of any rights of any third party, (5) libel, slander or infringement of copyright from the material transmitted via the telephone access number, and (6) or third parties’ claims 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 or service 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 on-line distribution or publication by you or Users. Alaska Communications does not review messages or content you or Users 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 or Users use of your Alaska Communications account, including claims against anyone utilizing your Alaska Communications account, whether or not known or allowed by you.
- Excusable Delay and Failure to Perform.
Neither Party shall 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.
- Equipment, Installation, Moving, Servicing, and Removal.
a. You authorize Alaska Communications or its authorized agents to enter your premises to install, maintain, inspect, repair, and remove Alaska Communications equipment. You or an authorized party on the account must be on-site during installation. If you are not the owner of the premises where the Alaska Communications equipment is to be installed, you represent and warrant that you have obtained the consent of the owner of the premises for Alaska Communications’ personnel and/or its agents to enter the premises to install and set up the Alaska Communications equipment. You acknowledge that in the case of a roof-mounted installation, an antenna bracket may penetrate the roof and that wiring will be brought through the wall by drilling a hole in the wall. You are responsible for any claims of the owner of the premises arising out of the performance of this Agreement. You agree to indemnify and hold Alaska Communications harmless from and against any claims of damage that may result from incidents or accidents that may occur during or later determined to have been caused by the installation or maintenance of the Alaska Communications equipment. Incidents or accidents include, but are not limited to, unintentional damage/harm to property, persons, or animals.
b. The Alaska Communications equipment is the sole property of Alaska Communications, and you will not acquire any interest in it by making the payments called for under this Agreement or because any portion of the equipment is attached to the residence, business location or otherwise.
c. You will not open, alter, misuse, tamper with, or remove the Alaska Communications equipment as and where installed by Alaska Communications. You will safeguard the Alaska Communications equipment from loss or damage of any kind, and (except for any self-installation procedures approved by Alaska Communications) will not permit anyone other than an authorized representative of Alaska Communications to perform any work on the Alaska Communications equipment.
d. If you move, or otherwise terminate your service for any reason, you agree to notify Alaska Communications in a timely fashion to disconnect service and allow Alaska Communications to remove the Alaska Communications equipment. You understand that failure to do so will cause you to be liable for the replacement cost of the Alaska Communications equipment.
- VoIP Services.
If Customer subscribes to Alaska Communications’ VoIP service. Customer must register the physical location (“Registered Location”) where the VoIP Service for each Alaska Communications telephone number will be used. Customer is responsible for updating the Registered Location when appropriate. IMPORTANT: If Customer fails to update the Registered Location, 911 calls will be routed based on any previously provided Registered Location and therefore the call may not be routed to the appropriate dispatcher for Customer’s current location. In addition, Customer must update the Registered Location to ensure that the 911 provider transmits accurate location information to the dispatcher. Customer may update the Registered Location by logging onto Customer’s online account and updating the location information through the customer portal on the Alaska Communications website at https://accountview.AlaskaCommunications.com. For purposes of 911 dialing, Customer may only register one Registered Location for each Alaska Communications telephone number. If Customer provides Registered Location information that is, or that Alaska Communications suspects to be, false, inaccurate, not current, or incomplete, Alaska Communications has the right to suspend or terminate the Services and refuse any and all current or future use of all Services, or any portion thereof.
- Service Characteristics.
Due to the nature of the Service technology, Alaska Communications reserves the right to deem the Service unavailable to your location up to, including, and after the installation. Alaska Communications assumes no liability whatsoever for any claims, damages, losses, or expenses arising out of or otherwise relating to the unavailability of Service in your geographical area, for any reason, even where such unavailability occurs after installation of the Service.
- Special Terms for InternetNow services.
Pre-paid Services and Services that are provided under the name “InternetNow” are governed by the provisions of this section. The provisions below apply in place of any conflicting provisions elsewhere in these Terms and Conditions.
a. Ongoing Service. Your Service may or may not 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 Service to your Payment Method.
c. Price Changes. We reserve the right to adjust pricing for the 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.
d. Billing Cycle. The Service fee for our service will be billed at the beginning of the paying portion of your Service and each month thereafter unless and until you cancel your Service. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying Service. Service fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your Service began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your internet Service or became a paying member on January 31, your next payment date is likely to be February 28, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Service. As used in these Terms and Conditions, "billing" indicates a charge, debit or other payment clearance, as applicable, against your Payment Method unless otherwise stated differently, month or monthly refers to your billing cycle.
You may cancel your Service at any time, and you will continue to have access to the 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 https://accountview.alaskacommunications.com and follow the instructions for cancellation. If you cancel your Service, your account will automatically close at the end of your current billing period.
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 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.
Published date; 10/30/2019