AT&T Alascom High Speed Internet Service Terms & Conditions
AT&T Alascom provides its Internet Service to you subject to the terms and conditions set forth below. We reserve the right to update these terms and conditions from time to time without notice.
1. ACCEPTANCE OF TERMS AND CONDITIONS
As an AT&T Alascom High Speed Internet Subscriber, you shall be subject to the terms and conditions in this document. Please read them carefully.
Additionally, you shall be subject to any posted guidelines or rules applicable to service provided. All such rules and guidelines are hereby incorporated by reference into the terms and conditions set forth below and form an agreement between the Service and you (the "Agreement"). This means that if you or anyone using the Service violates the terms and conditions, AT&T Alascom reserves the right to take appropriate action, including terminating your service.
2. DESCRIPTION OF SERVICE
AT&T Alascom currently provides its subscribers with access to the Internet and certain facilities such as email, web services and news. AT&T Alascom reserves the right to deliver its Service over any available facility.
3. REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide accurate, current and complete information about yourself as required by the Service's registration form, and (b) maintain and promptly update the information to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or AT&T Alascom has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, AT&T Alascom has the right to suspend or terminate your service and refuse any and all current or future use of the Service.
4. ADDITIONAL ONLINE CHARGES
As a Subscriber, you are solely responsible for any charges or fees incurred for services ordered, obtained, or otherwise downloaded from third parties while on line.
5. PAYMENT TERMS
You must pay all applicable monthly fees and installation charges for the Service including applicable late fees or any other applicable fees. If payment is not received by the due date, late fees and/or collection charges may be assessed.
AT&T Alascom reserves the right to change its rates and/or services by notifying you 30 days in advance of the effective date of change. AT&T Alascom reserves the right to disconnect the Service to subscribers with delinquent accounts.
6. CONTACT OR INQUIRIES
For any inquiries in connection with the terms and conditions of Service set forth herein, you may contact AT&T Alascom at:
AT&T Alascom
505 East Bluff Drive
Anchorage, AK 99501
Customer service number: 1 800-620-6520
support@attalascom.net
7. PRIVACY POLICY
Registration and other information about you is subject to our Privacy Policy.
8. EMAIL, UNSOLICITED / SPAM
All AT&T Alascom network subscribers agree to use and use only the email address as confirmed at time of signup for their "Return" and/or "Reply Internet email address. The use of a "fake" email address, email address belonging to another Internet user, or no email address as a "Return" and/or "Reply-To" Internet mail address is prohibited and such use shall cause for immediate account termination with or without prior warning.
Customer agrees to utilize appropriate protocols for data transmissions. Email messages are limited to a maximum of 10 MB (10000K) incoming storage space.
The use of programs such as packet sniffers, host and/or service monitoring, and other similar programs is forbidden.
Should AT&T Alascom decide to warn a customer rather than terminating the service if the customer is in violation of this policy, such action will not remove or infringe the right of AT&T Alascom to terminate the service for future violations without notice.
9. ACCESS
It is the responsibility of the Customer to provide reasonable access to equipment owned by AT&T Alascom or its associated third party vendor, in those areas where a third party vendor's equipment is used. The Customer will notify AT&T Alascom of any problems with their Internet connection and will also exercise reasonable care for any equipment owned by AT&T Alascom or its associated third party vendor and deployed on the Customer premises. The Customer will maintain confidentiality of their password to maintain security of the system.
10. OWNERSHIP
The equipment provided by AT&T Alascom to the customer premises remains the property of AT&T Alascom or its third party vendor. All equipment provided must be returned to AT&T Alascom or its third party vendor within 5 days of the termination of service. AT&T Alascom reserves the right to upgrade, modify, repair or replace AT&T Alascom or its third party vendor's equipment located at the Customer Site at any time, provided that any non-emergency site visits are during normal business hours or at mutually acceptable times.
11. SUBSCRIBER MISCONDUCT
You understand that all information, data, text, software, music, sound, photographs, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not AT&T Alascom, are entirely responsible for all Content you upload, post, email, transmit or otherwise make available via the Service. AT&T Alascom does not control the Content posted via its Service, and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will AT&T Alascom be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind transmitted or otherwise made available via the Service.
You agree not to use the Service to:
a. distribute lists to be used via unsolicited electronic mail or other mass electronic mailings including but not limited to: mass-newsgroup postings, SPAM and unsolicited email sent from your server, or any other service on the Internet, which contains your domain name or any other domain name on our network;
b. post, transmit or disseminate objectionable information, without limitation, constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, federal or international law, order or regulation;
c. access any other person's computer, software, or data of any other person without the knowledge and consent of such person;
d. service, alter, modify or tamper with the Service or permit any other person to do the same that is not authorized by AT&T Alascom;
e. restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the Service, including, without limitation, posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, Trojan horse or other harmful feature; or generating levels of traffic sufficient to impede others' ability to send or retrieve information.
f. disrupt AT&T Alascom's network;
g. resell the Service in any way for free or for profit to others who qualify for service.
h. use the Service in a way which is contrary to any other AT&T Alascom policy.
i. operate any of the following:
a streaming audio/video server or service
any "shoutcast" station or service
any audio/video MP3 service
any Peer-to-Peer sharing program
Engaging in any of the activities listed above may result in immediate termination of this Agreement.
You acknowledge and agree that AT&T Alascom has the right to monitor Content electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or governmental request to operate the Service properly, or to protect itself or its Subscribers. AT&T Alascom reserves the right to refuse to post Content or to remove any Content that violates the terms and conditions of Service herein. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on that Content.
12. SUBSCRIBER INFORMATION
a. Credit Inquiries. You authorize AT&T Alascom to make inquiries and to receive information about your credit history from others.
b. Information Collection. You agree that AT&T Alascom may, from time to time, collect information concerning your use of the Service. AT&T Alascom will use such information solely to improve its service offering and will not share such information with other entities unless required to do so by law or court order.
13. CHANGES TO SERVICE
AT&T Alascom reserves the right to meter and manage its bandwidth in any way, now and in the future.
14. TERMINATION AND EXPIRATION
AT&T Alascom reserves the right to refuse and/or terminate service to anyone or any entity, for any reason, at its sole discretion with or without notice.
15. LIMITED WARRANTY
ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY ARE HEREBY EXCLUDED AND DISCLAIMED.
16. LIABILITIES
You should be aware that there may be some Content on the Internet or otherwise available through the Service that may be offensive to some individuals, or that may not be in compliance with all local laws, regulations and other rules. AT&T Alascom assumes no responsibility for the Content contained on the Internet or otherwise available through the Service. All Content accessed by you through the Service is accessed and used by you at your own risk, and AT&T Alascom and each of its respective affiliates, subcontractors, employees and agents, shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such Content by you. Content questions or complaints should be addressed to the content provider. AT&T Alascom specifically disclaims any responsibility for the accuracy, quality and confidentiality of information obtained through the Service.
a. Monitoring. AT&T Alascom's transmission facilities are used by numerous Service subscribers. Because of this, there is a risk that you could be subject to "monitoring." This means that other Service subscribers may be able to access and/or monitor your use of the Service. This risk of monitoring exists not only with wired or wireless transmission facilities, but also on the Internet and other services to which access is provided by AT&T Alascom as part of the Service. Because of this risk, any sensitive or confidential information (such as credit card numbers or other personal information, financial information, medical information or trade secrets) sent by you is sent at your sole risk and AT&T Alascom shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by you.
17. LIMITATION OF LIABILITY
Unless otherwise specified in this Agreement, neither AT&T Alascom nor any of its respective affiliates, subcontractors, employees or agents, will be liable to you or to any third party for:
a. any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly out of, or otherwise arising in connection with, the use of the Service by you including, without limitation, any damage resulting from or arising out of your reliance on or use of the Service, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, non-deliveries, mis-deliveries, transmission, or any failure of performance of the Service; and
b. any losses, claims, damages, expenses, liabilities or costs (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the Service by you on a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property rights or contractual rights of any third party.
c. The limitations set forth in this Section 17 apply to the acts, omissions, negligence and gross negligence of AT&T Alascom and each of its respective affiliates, subcontractors, employees and agents, which, but for this provision, would give rise to a cause of action in contract, tort or any other legal doctrine.
d. Your sole and exclusive remedies under this Agreement are as expressly set out in this Agreement.
18. MULTIPLE USERS
You acknowledge that you are executing this Agreement on behalf of all persons who use the Service with your permission or through your access line. You shall have sole responsibility for ensuring that all such other users understand and comply with the terms and conditions of this Agreement. You further acknowledge and agree that you are solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach is the result of use of the Service by you or by any other user of your computer.
19. AMENDMENT
Any changes to this agreement will be added as an Appendix to this agreement. Any waiver of any term or condition stated herein shall not operate as a waiver of any such term or condition or as any continuing waiver, nor shall any failure to enforce any provision thereof operate as a waiver of such provision or any provision thereof.
21. GOVERNING LAW
This Agreement shall be exclusively governed by, and construed in accordance with, the laws of the State of Alaska.
