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Terms and Conditions

AC Wireless Broadband Internet Service (AC Wireless is an AlasConnect Service)

Effective May 1, 2016

Payments

By completing the web based Service Order, the electronic order form (“Service Order”), with AC Wireless, in writing or electronically, you agree to pay the monthly charge (and any other associated fees including one time fees) on the first of each month, for the Service you selected.

Upon accepting your Service Order, AlasConnect will bill you initially for the first monthly Service fee (which may be prorated) and all one time fees (Equipment, Activation, etc.) Thereafter you will be billed and your Card will be charged on the first day of each month for that currant month’s Service.

Only Visa, Master Card, American Express and Discover Credit & Debit Cards (“Card”) may be used for payment through AlasConnect automated billing system.

If any charge to your Card, on file with AlasConnect, is declined or reversed, you will be subject to a late fee.

AlasConnect may terminate your Service at any time, at its sole discretion. For example: if any charge to your Card on file with AlasConnect is declined or reversed, or your Card expires and you have not provided AlasConnect with a valid replacement Card (AlasConnect will attempt to contact you in advance of termination).

Card Validation. In order to process Card payments AlasConnect requires information such as the Card number, expiration date, account holder’s name, and billing address information. This is used to validate the card, and process payments. This information is transmitted via secure connections.  AlasConnect’s billing cycle begins on the first of each month. The system will automatically send out an email letting you know what is due and attach an invoice. The cycle finishes early in the morning on the second. The system will then send a second email letting you know whether or not the debit or credit card was successfully charged.

In the event of an unsuccessful payment transaction AlasConnect will attempt to contact you using the contact information provided. You will have five (5) business days to complete the billing process and update the AlasConnect system with a valid Card. If you fail to complete the billing process within the (5) business days your Service will be suspended pending payment.

Nonpayment

You remain liable for all charges not honored by your Card issuer. Outstanding accounts are, at the discretion of AlasConnect, subject to immediate suspension and any other applicable charges are due. AlasConnect has further discretion to pursue these fees and any collection and/or legal costs incurred in retrieving such funds.

Disputes

You must notify AlasConnect within fifteen (15) days of receiving your Card or Bank statement to dispute AlasConnect charges for that statement month. By not contacting AlasConnect within fifteen (15) days you waive the dispute.

Arbitration

This agreement will be governed by the Laws of the state of Alaska. All disputes arising from this agreement will be settled exclusively by Binding Arbitration using the commercial rules of the American Arbitration Association (“AAA”) then in effect. All arbitrations will be physically held in Fairbanks, Alaska. One arbitrator, with relevant experience, selected per AAA rules, will conduct the arbitration. The decisions of the arbitrator will be binding and conclusive upon all parties involved and judgment upon any award of the arbitrator may be entered by any court having competent jurisdiction. You and AlasConnect will each bear their own expenses.

Equipment issued or purchased

When you accept a modem (CPE) from AlasConnect you become the owner of the modem. AlasConnect will warranty the antenna and modem for the entire length of consecutive Service, providing the equipment is undamaged.  AlasConnect will not recover the modem at the time of disconnect.

AlasConnect may periodically replace, upgrade, or otherwise modify the antenna and CPE, and will repair or replace (as AlasConnect deems appropriate and at its sole discretion) any properly maintained Equipment that fails to operate as required for the delivery of Service. Repair or replacement of the Equipment is AlasConnect’s only responsibility, and your exclusive remedy. You may not modify, alter or repair Equipment in any way any attempt is a breach of any warranty regarding the Equipment. In the event of any damage to the antenna or CPE not a direct and sole result of AlasConnect’s act or omission, AlasConnect reserves the right to charge you for the actual cost of repair of the Equipment or charge you for the replacement Equipment at full retail price.

Credits and Refunds

AlasConnect does not award credit for interruptions of the Service.

Upon closure of customer’s account, AC Wireless will refund current prorated monthly fee back to the card on the account that the customer has provided to make payments.

Should the card be unable to receive credit due to the card being expired or bad, AC Wireless will apply the credit to the account up to 60 days after closure.

If at that time credit cannot be applied, the credit will be issued in the form of a check and sent to the mailing address provided on the account.

Improper Use of Service

At AlasConnect’s sole discretion Service may be discontinued or throttled back at any time for any perceived use of Service by you which includes but not limited to hacking, spam, download or upload content (e.g., digital sound, text, images or communications) to which you do not have legal rights or are inappropriate and/or unacceptable, if you take more bandwidth than your plan provides, reduce the Service levels for other Service users — either intentionally or unintentionally, view materials illegally, damage AlasConnect property, misrepresent your affiliation with any other person or entity, violate any applicable law, or if AlasConnect is directed to terminate or suspend Services by any governmental entity.

Third party Services

AlasConnect is not responsible or liable for how you use the Service. You are exclusively responsible for all activities associated with the use of the Service, or other persons using the Service provided to you. This includes but is not limited to, network access, content downloading, content uploading and any electronic transaction.

Illegal and Fraudulent Activity

You agree not to conduct illegal or fraudulent activities while utilizing the service. You further acknowledge that AlasConnect may cooperate fully with investigations of possible illegal activity or violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Privacy; Monitoring the Service

AlasConnect is under no obligation to monitor the Service, but may do so at any time. AlasConnect reserves the right to install, manage and operate one or more software, monitoring, or other solutions designed to assist us in identifying and/or tracking activities or system performance, including but not limited to, those activities considered to be in violation of these Terms and Conditions:

Web & Application Logs. Each time a connection is made to AlasConnect web servers, the request is logged, along with date and time. This helps to improve the overall quality of the Service. Application logs can help AlasConnect track individual transactions, and functionality of the AlasConnect ePay application.

Passwords are encrypted. However, you are responsible for the use of your password, as well as your AlasConnect ePay account. Do NOT share your password.

Security – AlasConnect maintains a secure data network utilizing industry standard firewall, password, and Web/SSL systems. AlasConnect periodically reviews its privacy policies and network security.

You agree to accept a dynamic IP address as assigned by AlasConnect.

Loss of Service Due to Power Failure

You acknowledge that the Service does not function in the event of power failure. A power failure or disruption may require you to reset or reconfigure Equipment prior to utilizing the Service. It is your responsibility to place the equipment on a surge suppressor at all times. If the equipment is damaged due to a power failure, AlasConnect reserves the right to charge you for the actual cost of repair of the Equipment or charge you for the replacement Equipment at full retail price.

Tampering with the Equipment or Service

You agree not to change the electronic serial number or equipment identifier of the Equipment, or to perform a factory reset of the Equipment. In addition, you will not service, alter, modify or tamper with the Equipment or with the Service, or permit any other person (unless authorized in advance by AlasConnect in writing) to do so.

Retention of Rights; Network Address Ownership

Nothing contained in this Agreement will be construed to limit AlasConnect’s and its affiliates’ rights and remedies available at law or in equity. The internet protocol (“IP”) addresses that AlasConnect assigns to you, including static IP addresses, are considered loaned to you, and not transferred or sold to you. You have no ownership or proprietary interest in such IP addresses. Such IP addresses will revert back to AlasConnect upon the termination of your Service for any reason, or earlier if such change in IP address is reasonably necessary in the conduct of AlasConnect’s business. You will not assign to any other person the IP address assigned to you. You will not program any other IP address into the Equipment.

Termination of Services

Your service is considered as being active until you call in to deactivate your service.

Liability of Termination

Upon termination or expiration of this Agreement for any reason, AlasConnect and its suppliers reserve the right to delete any voicemails, data, files, electronic messages or other information stored on AlasConnect’s or its suppliers’ servers or systems. AlasConnect, its Affiliates and their agents and suppliers will have no liability whatsoever as the result of the loss of any such data, names or addresses or other information.

Reactivation of Services

AlasConnect reserves the right, at its sole discretion, to charge a fee for reinstating Services which have been terminated or suspended for any reason. You must pay all past due amounts, late fees and reactivation fees, plus any applicable taxes, prior to reactivation. The fee may vary depending upon your credit score and payment history with AlasConnect. Place of Primary Use. In order to determine which jurisdiction’s taxes and other assessments to collect, federal law may require AlasConnect to obtain your Place of Primary Use (“PPU”), which must be your residential street address (if the Service is primarily for personal use) or your business street address (if the Service is primarily for business use). This address must be within the coverage area for the Service. You agree that the street address listed on your Service Order is your PPU. You agree to notify AlasConnect promptly of any change to your PPU.

Commercial Use

You acknowledge that the Service is primarily intended for residential internet service, therefore its robustness, and reliability may not be suited for commercial use and AlasConnect accepts no responsibility or liability for loss of revenue or any other loss that you may incur. Further, you agree that as the signing authority that you are responsible for the account, its timely payment, and will act as the primary contact for any correspondence. Unless you choose to waive the credit report and purchase the Equipment, a Social Security Number will be required to run the credit report.

Warranty

YOU AGREE THAT ALASCONNECT AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES,PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

THE USE OR UNAVAILABILITY OF THE AC WIRELESS SERVICE; THE COST OF GOODS AND SERVICES RESULTING FROM TRANSACTIONS OR COMMUNICATIONS ENTERED INTO THROUGH OR FROM THE AC WIRELESS SERVICE;

UNAUTHORIZED ACCESS TO OR MODIFICATION OF YOUR TRANSMISSIONS OR DATA;

STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE AC WIRELESS SERVICE.

Signing Authority

You acknowledge that you are of legal age, have access to a copy of the Agreement and have read and clearly understand the terms of the Agreement and, if activating on behalf of a corporation or other entity, are fully authorized to legally bind such entity. You acknowledge that you are responsible for all charges incurred by any person you authorize to access your account, or to use the Equipment and the Service.

Rights you grant to AlasConnect

Third Party Accounts and Transactions. By using the Service, you authorize AlasConnect to access third party sites designated by you, on your behalf, to retrieve information requested by you and you hereby appoint AlasConnect as your agent for this limited purpose only. You hereby permit AlasConnect to use information submitted by you to AC Wireless to accomplish the foregoing.