Legal

Terms and Conditions

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

This agreement (“Agreement”) between you and AlasConnect, LLC d.b.a. AC Wireless (“AC Wireless”) governs the terms and conditions for the AC Wireless Broadband Internet Service. By signing up for and using the service you agree to be bound by this Agreement. If you do not agree with these terms and conditions you must cease using the service and notify AC Wireless that you wish to cancel your service.

Term

AC Wireless provides broadband Internet service on a month to month service basis. This Agreement shall remain in effect so long as you continue to use the services provided by AC Wireless.

Payment

You agree to pay all service fees associated with your account, including any monthly or one-time fees. Monthly service fees shall rebilled monthly, in advance. Such fees shall be automatically billed to your payment card provided to AC Wireless when you establish your account. You are responsible for providing AlasConnect with up to date payment card information in order to keep your account current.

Balances not paid within ten (10) days shall be considered Past Due. Past Due accounts will be deactivated and not available for reconnection.

AC Wireless may in its sole discretion change its existing fee structure or levy new service fees at any time.

Taxes & Fees

Both monthly recurring and non-recurring charges may be subject to applicable Local, Federal, State or Regulatory surcharges and taxes, which shall be your responsibility to pay.

Suspension and Termination of Service

Accounts with Past Due balances shall be disconnected and are not eligible for reconnection.

AC Wireless may terminate your service at any time in its sole discretion.

You may terminate your service at any time by ceasing to use the service, paying all balances due on your account and informing AC Wireless that you wish to cancel service.

No refund for partial monthly usage at termination with service shall be issued. You shall be responsible for payment of all fees through the last month of service.

Service Availability

AC Wireless makes no service level guarantee for the performance of wireless broadband service, which may be subject to disruptions and degradation of service including, but not limited to, radio interference, power outages, occluded line of sight, oversubscription, mechanical damage or defect, and weather.

While AC Wireless offers several service plans, these plans indicate only the maximum possible bandwidth available on the service and do not indicate a guarantee of performance.

Acceptable Use Policy

In exchange for the quiet enjoyment of your AC Wireless service, you agree that you will never use the service, nor will you permit others to use the service to:

Distribute, display or transmit hateful or obscene material (e.g. child pornography)
Behave unethically or perpetuate fraud (e.g. social engineering or phishing)
Be disruptive to others (e.g. denial of service attacks)
Cause a nuisance or burden (e.g. unsolicited bulk email or spam)
Threaten, harass or invade the privacy of another person or group

Illegal Use

You agree that all services provided by AC Wireless under this Agreement shall not be used in any way to promote or conduct illegal activity, contain or distribute illegal content, or used in way to illegally interfere with the operations of AC Wireless or third parties. You assume full responsibility for your actions in relation to use of the services including the actions of any third party whom you permit to use the services.

Residential Use Only

After installation, Customer Premise Equipment including any radio, device, cabling or other equipment physically installed at your service location becomes your property and responsibility to maintain. AC Wireless does not provide any warranty or guarantee on Customer Premise Equipment of any sort. Any defect in, damage to and replacement of Customer Premise Equipment is your responsibility. AC Wireless may provide replacement equipment as needed, but you will be responsible for replacement costs.

After termination of service, AC Wireless will not remove, uninstall or dispose of any Customer Premise Equipment.

IP Addresses

AC Wireless does not provide static IP addresses. Your IP address is subject to change without notice. Your use of the service does not convey or give you any rights or ownership of any Internet addresses provided to you in the course of using the service.

Explicit Content

AC Wireless does not moderate or filter the Internet content traversing its network. You are solely responsible for monitoring the use of the service by minor children and acknowledge that Internet content frequently contains material that is not suitable for minors.

Changes and Modifications

AC Wireless may, in its sole discretion, update the terms of this Agreement at anytime without notice. The most up to date and authoritative terms and conditions will be posted on AC Wireless’ publicly available website at http://www.acwireless.com/terms-and-conditions/. Should you continue to use the services of AC Wireless for more than 30 days after these terms and conditions have been updated, you agree to the amended terms of the Agreement.

Dispute Resolution, Arbitration, and Class Action Waiver

The parties to this Agreement shall, in the first instance, settle informally all disputes or claims between the parties through discussion and negotiation as follows:

If a claim or dispute arises and is not resolved by the representatives of the parties within thirty (30) days, the parties shall, within thirty (30) days after the end of this period, prepare and exchange their written positions, concerning the disputes or claims, attaching all relevant documents as necessary.

Within thirty (30) days of the receipt of such written positions, individuals having authority to settle the dispute, shall meet.

If the dispute is not settled within thirty (30) days of such meeting, the parties agree such disputes shall be submitted to an arbiter mutually agreed upon by the parties. If the parties cannot agree on an arbiter, the rules of the American Arbitration Association shall be used to select a mutually agreeable arbiter and conduct the arbitration. The decision rendered by the arbiter, including the award of costs and attorney’s fees, shall be final, conclusive and binding upon the parties.

The arbiter may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

If for any reason a dispute is permitted to be brought in court, both parties agree to waive any right to a jury trial in any court action.

Disclaimer of Warranties

Except as expressly otherwise set forth in this Agreement, all equipment and services provided by AC Wireless under this Agreement are furnished as is, where is, with all faults and defects, without warranty of any kind, express or implied, including any warranty of fitness for any particular purposes.

Indemnification

You agree to indemnify and hold harmless AC Wireless and its officers, directors, partners, employees and subcontractors, from any claims arising from your use of services under this Agreement including, but not limited to, the use of Service in any illegal manner or manner prohibited under the AC Wireless Acceptable Use Policy.

Limitation of Liability

To the fullest extent permitted by law, the total liability, in the aggregate, of AC Wireless and its officers, directors, partners, employees and subcontractors, to you any anyone claiming by or through you, for any and all claims, losses, costs, damages (including reasonable attorneys’ fees) or claims expenses resulting from or in any way related to this Agreement, from any causes or causes, shall not exceed the total amount of two thousand five hundred dollars ($2,500). It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.

Entire Agreement

This Agreement contains the entire agreement between AC Wireless and you with respect to your service. This Agreement cancels and supersedes all prior negotiations, agreements, and understandings, both written and oral, including any proposals or price lists provided by AC Wireless.

Assignment

The rights and obligations of the parties to this Agreement will be binding on, and will be of benefit to, each other parties’ successors, assigns, heirs and estates.

Notices

The primary address and contact for receipt of any Notice to AC Wireless is listed below. You agree to provide and keep up to date with AC Wireless an accurate mailing address for delivery of any such Notices that AC Wireless may send to you.

AlasConnect, LLC ATTN: AC Wireless Administration PO BOX 71217 Fairbanks, AK 99707 Telephone:(907) 459-4902

Notice shall be considered to have been duly given three business days after having been deposited with the US Postal Service at the address on file for your account or immediately when delivered by hand.

No Waiver

Neither a failure nor a delay on the part of AC Wireless in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege.

Severability

If any provision of this Agreement is held unenforceable, all remaining provisions of this Agreement shall remain in full force and effect.

Choice of Law

Any civil action arising from this Agreement shall be brought in the Fourth Judicial District for the State of Alaska. The laws of the State of Alaska shall govern all rights and the obligations of the parties under this Agreement.

Transparency Statement

Network Management

Congestion Management – AC Wireless does not engage in blocking, throttling, paid prioritization or affiliated prioritization. AC Wireless provides “first in, first out” traffic prioritization on a first come first serve basis to all data presented to its network. Network congestion may occur resulting in degradation of one, many or all customers. AlasConnect reserves the right to terminate the service of any customer who routinely or maliciously impacts the quiet enjoyment of other customers using the service.

Application-Specific Behavior – AC Wireless uses commercially customary network management techniques to analyze and maintain the integrity its network infrastructure. AC Wireless does not block or limit traffic or services except in the cases which such traffic is:

Malicious (malware, viruses)

Harmful or illegal (e.g. distribution of illegal data or child pornography), or

Threatens the integrity of AC Wireless’ or third-party networks (e.g. denial of service attacks)

Device Attachment Rules – Any legal device utilizing a IPv4 protocol for communication with Internet endpoints may be attached to the AC Wireless service, so long as it does not otherwise violate the terms and conditions of this Agreement. AC Wireless subscribers are provided IP addresses in RFC 1918 address ranges and AC Wireless utilizes a carrier Network Address Translation(NAT) firewall to connect subscribers to the Internet. Some protocols and technologies that are incompatible with NAT may not function properly on the AC Wireless network.

Security – AC Wireless uses reasonable and customary techniques to maintain the security, integrity and availability of its network resources, which may include blocking application-specific behavior which is malicious, harmful, illegal or threatens overall network integrity. AC Wireless does not provide for nor is AC Wireless responsible for the security of end user networks connected to services provided by AC Wireless.

Performance Characteristics

AC Wireless provides fixed wireless broadband Internet Service in the vicinity of Fairbanks, Alaska. Service may not be available at all locations and is subject to seasonal performance changes due to weather and foliage.

Depending on service plan, subscribers may achieve up to a maximum download bandwidth of 4Mbps and a maximum upload bandwidth of 1Mbps.Typical speeds are subject to various conditions including overall network congestion and as such AC Wireless does not guarantee you will receive this level of bandwidth. Given the remote location of the AC Wireless network,typical latency figures in excess of 100 milliseconds can be expected.

Given the nature of technology used in delivery of AC Wireless fixed wireless broadband Internet Service, AC Wireless cannot guarantee that the service will be suitable for real-time applications. Traffic is delivered on a “first in, first out” best effort basis.

All speed and latency expectations are based on internal testing.

Network Monitoring – AC Wireless is not obligated to monitor the utilization or content of the AC Wireless network or end user connections. However, AlasConnect reserves the right to record, copy, intercept or view any transmissions over its network as is deemed to be legal, customary and reasonable to maintain the integrity of the network for legitimate purposes of network management. AC Wireless recommends that all subscribers utilize end to end encryption technologies, including virtual private networks (VPN), to maintain the confidentiality, integrity and availability of their applications and private data transmitted via the Internet. However, AC Wireless does not provide or guarantee such encryption technology to its customers.

For any questions or concerns please call AC Wireless at 907-459-4902.