Terms and Conditions

Please read the following legally binding terms and conditions carefully before executing the attached order form for Internet Access Services.  TelAlaska NetWorks, a division of TelAlaska, Inc. hereinafter “the Company,” and the party requesting service from the Company on the attached order form, hereinafter “Customer”, agree to the following terms and conditions for the use of TelAlaska Networks Internet Access Services.

DESCRIPTION OF SERVICES
The Company provides Internet Access Services (the “Services”) on a facilities available basis by means of dial-up telephone, DSL and local wireless loop (“WI-FI”) technologies.  The Services provided under this agreement by Company to the Customer are limited to Internet connection and access only, and do not extend to and Company has no responsibility for any information obtained or transmitted by Customer or transactions engaged in by Customer whatsoever as a result of such access.

In its provision of DSL and WI-FI Services hereunder, Company shall provide and install certain equipment as described in the attached order form.  Company-supplied equipment which is leased to Customer for the duration of its use of the Services (“Equipment”) shall be expressly identified as such, and the cost for Customer’s use of such Equipment shall be included in the price of the Services provided hereunder.  In the event installation of Equipment requires a separate charge, such installation charge shall also be specified on the attached order form.

WI-FI Service, while generally a reliable and consistent method for connecting to the Internet at high-speeds, is subject to disruption and/or reductions in quality of service without advanced notice.  WI-FI signals are carried over unlicensed radio frequencies that are subject to interference.  Service may be limited in range and strength based on terrain and atmospheric conditions.  Company’s provision of WI-FI Services is limited, in general to within the Anchorage bowl area at access points which the Company is in the process of deploying. 

EQUIPMENT
It is the sole responsibility of the Customer to provide, and maintain, his/her computer equipment to access the Internet utilizing the Services.  The Customer is responsible for notifying the Company promptly upon determining she/he is experiencing difficulties accessing the Internet by means of the Services, provided, however, that the Company has no responsibility for problems with access caused by Customer-supplied equipment.All Equipment furnished by the Company or its agents shall remain, at all times, the property of the Company for the duration of this agreement, and shall be returned to the Company upon termination of the agreement for any reason. If the Equipment returned to the Company upon termination of this agreement is found to require repair due to any action of the Customer or if Equipment is lost, stolen, or destroyed for any reason while in the possession of the Customer, or otherwise not returned to the Company, the Company shall be entitled to collect from the Customer $200 per WI-FI access unit and $75 per DSL modem.Customer represents and warrants that he/she is the lawful owner of the premises on which the Equipment is to be installed by the Company, or that the Customer has any and all necessary authorizations for such installation.   Customer hereby agrees that the Company, through its authorized agents and representatives, may enter upon the Customer’s premises at any reasonable time to service, maintain, repair or remove the Company’s equipment.

WI-FI technology is a line of site service and, technically, any structural interference between the Customer computer equipment and the Customer premise access point antenna will considerably reduce Customer’s Internet access capability.  Customer shall be responsible for minor relocation of Customer computer equipment or other minor adjustment of customer premises to facilitate access.


BILLING AND PAYMENT
The Company shall bill Customer for Services on a monthly basis in advance.  Bills shall be payable within 20 days from the date they are rendered, which shall be the 1st day of each month.  If payment is not received within 40 days from rendering of the bill, the Customer may be disconnected and the Equipment removed by the Company without further notice or liability to the Customer. Unpaid fees shall accrue interest at 1.5% per annum, with a $2.00 minimum charge.  A $25.00 charge will apply for each Customer check that is dishonored by the Company’s bank for any reason.

If a new tenant or owner takes possession of Customer’s premises, Customer shall remain responsible for payment of monthly charges and for all other obligations under this agreement, until this agreement is terminated or responsibility for the equipment is transferred with the prior consent of the Company. 


LIMITED WARRANTY
The Company warrants that it will use its commercially reasonable best efforts to maintain continuing Internet access for Customer during the term of this agreement, provided, that the Company makes no warranty regarding the operation of the Internet.  The Company assumes no obligation to Customer for the accuracy, security, or reliability of any information transmitted or received by the Customer over the Internet, and shall have no liability to Customer for any inaccurate, misleading, or fraudulent information transmitted or received by the Customer over the Internet.  Customer assumes exclusive liability for any content which it chooses to transmit or receive via the Internet.Except as otherwise expressly stated herein, the Customer makes no warranties, express or implied, to Customer, including any warranty of merchantability or fitness for a particular purpose.In the event of any breach of warranty hereunder by the Company, it shall have no liability to Customer other than a pro rata return of fees paid, arising for any reason whatsoever from this agreement.In no event will the Company, or its affiliates, agents or representatives be liable for any direct, indirect, incidental, consequential, special or other damages (including without limitation, loss of profits, business interruption, RF/radiation hazard or loss of data) arising out of, or in connection with, Customer's or any third party's use, or inability to use, the Services or any content, uploaded to, distributed on, downloaded from, or accessed through the Company or its affiliates.  The foregoing limitation of liability includes, without limitation, any damages arising from mistakes, omissions, interruptions, deletion of files, errors, defects, viruses, delay in operation or transmission, any failure of performance or reliance on information or content on, or accessible through the Company, or its affiliates, whether or not arising from acts of God, communications failure, theft, destruction, or unauthorized access to the Company records, facilities or services, even if advised of the possibility of such damages.

In the event that any applicable law restricts the above limitations and disclaimers of liability, such liability will be limited to the greatest extent permitted by such law. The Company shall not have any liability for any damages which the Customer may experience as a result of any transactions resulting from Internet connections, from access provided by the Company or from software provided by the Company.

TERMINATION
In the event that Customer desires to terminate Services at the location listed on the service order for any reason, Customer agrees to notify the Company not less than 15 days prior to the desired date of termination and to make arrangements to return, at its own expense, the Equipment to the Company, if applicable.  If Customer has received a promotional discount, including any waiver of installation charges, and terminates the Service earlier than agreed to under the terms of such discount, the Company reserves the right to charge Customer’s account for the full value of the Services received notwithstanding such promotions.  For purposed of this section, the terms and conditions of any such promotion shall be deemed part of this agreement and are incorporated herein by reference.  In the event that the Customer breaches any material term, provision, or obligation under this agreement, the Company shall have the right immediately to terminate this agreement and require the Customer to return the Equipment, if applicable, at their own expense. 

The Company reserves the right to discontinue or alter service at any time upon 10 days notice due to changing technology or business climate.  In the event of termination of this agreement pursuant to this provision, Customer shall forthwith return to the Company, at Company’s expense, any Equipment in Customer’s possession, however the Customer shall not be liable to the Company for refund of any promotional discounts to which the Customer is otherwise entitled.

LIMITATION OF USE
The Services to be provided by the Company, in accordance with this agreement, are for the sole use and benefit of the Customer. Customer shall not resell any of the Services, shall not transfer the rights to these Services to any other entity, or allow any other persons to use any of the Services without prior written consent of the Company.  The Company reserves the right to terminate immediately the Customer's account if a violation of this provision occurs.   The Customer is required to abide by the Acceptable Use Policy (“AUP”) which can be found at www.akwifi.com or www.arctic.net.  Such AUP is hereby incorporated into and made a part of this agreement by reference.

In accessing the Internet, Customer shall not use the Services for bandwidth-intensive activities, including but not limited to hosting of web or FTP server or public file sharing, without specific written approval from the Company.  Customers share bandwidth with other users and must refrain from transmitting abnormally large files over an extended period of time which may dramatically reduce the available bandwidth for all other users.  Service shall be assigned to a single Customer using username and password allowing for one (1) login.Sharing of the Service with other users on other equipment is strictly prohibited and is cause for immediate termination of the Service, at Company’s sole discretion.

INDEMNIFICATION
Customer agrees to defend, indemnify, and hold harmless the Company, and/or its affiliates, employees, directors, officers, suppliers and agents (hereinafter, “the Customer Indemnitees”)from and against any claims and expenses (including reasonable attorney fees) from any third party arising from Customer engaging in prohibited activities listed in the AUP and/or any inaccurate, misleading, false or fraudulent statements made by Customer communicated by any means whatsoever utilizing the Services provided by the Company, or its affiliates, to Customer in accordance with this agreement.  Customer agrees to indemnify, defend, and hold harmless the Company Indemnitees from and against any damages, claims, or other liability whatsoever caused by the installation of Equipment under this agreement or caused by any lack of authority to install Company’s Equipment on the premises.  Without limiting the above, Customer specifically agrees that the Company shall not be liable for any drilling or securing of cables or other equipment or for any tree or shrub trimming necessary to install the Equipment. 

Customer agrees to indemnify and hold harmless the Company Indemnitees from and against any damages, claims or liability whatsoever caused by or arising in connection with Customer’s performance of this agreement.

SECURITY
As with most “public access” Internet services, the Company has designed the Service for ease of use and security and, therefore, has implemented encryption and security measures on the network.  Customers requiring a secure connection may need to utilize a VPN connection or other security feature provided by another service or company, and/or utilize secure web site connections.  Customer accepts sole responsibility for taking all necessary precautions when transmitting or receiving confidential information or data of a secure and/or private nature.  Customers are encouraged to use WEP as a minimum security measure in their own location if they plan to deliver from Company’s WI-FI or DSL demarc to the Customer’s systems via wireless.

MISCELLANEOUS
This agreement is governed by the laws of Alaska, without reference to its conflict of laws provisions.  It constitutes the entire agreement between the Company and the Customer governing the provision of Services set forth herein. 

Customer consents to the jurisdiction and venue of the courts in the State of Alaska for the resolution of any disputes arising hereunder.  No claim regarding a dispute under this agreement shall be commenced more than one (1) year after the claiming party becomes aware of it.

3.  This agreement, and any rights hereunder, is not transferable or assignable by either party hereto without the prior written consent of the other party.