Internet Policies

These Terms and Conditions of Service apply to all GCI products, services & users, unless otherwise specified in product-specific terms and conditions.

1. ACCEPTANCE OF TERMS AND CONDITIONS PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. Additionally, you shall be subject to any posted guidelines or rules applicable to the Service that GCI provides. All such rules and guidelines are hereby incorporated by reference into the terms and conditions set forth below and form an agreement between GCI and you (the “Agreement”). This means that if you or anyone using the Service violates the terms and conditions, GCI reserves the right to take appropriate action against your account, including terminating your account privileges with GCI.
2. DESCRIPTION OF SERVICE Through the Service, GCI currently provides its subscribers with access to the Internet and certain facilities such as email, web services and news. GCI reserves the right to deliver its Service over any facility it chooses. You agree that you have reviewed and understand that minimum computer requirements necessary to operate the Service as outlined in the documentation provided by GCI for the Service and you agree that you have the minimum computer requirements to operate the Service.
3. SUBSCRIBER INFORMATION AND OBLIGATIONS
   1. Registration.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 GCI has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, GCI has the right to suspend or terminate your account and refuse any and all current or future use of the Service. GCI is concerned about the safety and privacy of all its users, particularly children. For this reason, children under the age of 18 cannot become Subscribers.
      1. Credit Inquiries. You authorize GCI to make inquiries and to receive information about your credit history from others, enter this information in your file, and disclose such information concerning you to third parties.
      2. Information Collection and Disclosure. You agree that GCI may, from time to time, collect information concerning your use of the Service. You agree that such information may be shared with other third parties provided that GCI (i) does not disclose any personally identifiable information about you to others, except as allowed by law, and (ii) otherwise complies with all applicable privacy laws.
   2. Payment Terms.You must pay all applicable monthly fees and installation charges for the Service including applicable late fees and door collection fees. Monthly fees will be billed one month in advance. If payment is not received by the due date, late fees and/or collection charges may be assessed. GCI reserves the right to disconnect the Service to subscribers with delinquent accounts.
      1. 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.
   3. Subscriber Account, Password & Security. You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password and account. You agree (a) to immediately notify GCI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GCI cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
   4. General Practices Regarding Use and Storage. You acknowledge that GCI may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on GCI’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that GCI has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that GCI reserves the right to disable accounts that are inactive for an extended period of time. You acknowledge that GCI reserves the right to disable an email account (send and receive functionality) if an account remains inactive for more than six months. You further acknowledge that GCI reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
   5. Usage Amount. To ensure high quality and affordable Internet access for all GCI Internet subscribers, some GCI products include specific amounts of usage for a base fee. Any usage exceeding the included amount of throughput will be invoiced and payable. You are responsible for all users on your service and all utilization and excess traffic on your products and services. Any email account or web site exceeding the allotted amount of disk space will not store additional data until you reduce the disk space usage or purchase additional space. Email, webspace and throughput included amounts are posted throughout our Web site at http://www.gci.com. GCI Internet reserves the right to change included amounts at any time upon 30 days prior notice, and such modifications will be posted to our website at www.gci.net.
      All GCI cable modem and wireless broadband Internet services are designed, maintained, and priced to provide a quality broadband experience at affordable rates and are subject to fair and reasonable use of the service. GCI cable modem plans that come with “unlimited downloads” are subject to the terms outlined in GCI’s Fair Use Policy.
      Customers who have a requirement for dedicated Internet access services are encouraged to inquire with GCI’s customer service department about other products and services GCI has available for those types of needs.
      Customers are responsible for monitoring their own usage via our web-browser based interfaces. If there is any anomalous traffic, the customer must report the issue to GCI within three (3) business days. If the anomalous traffic is reported promptly and results from circumstances outside the customer’s control, including but not limited to computer virus, spam attack, or a denial of service attack, GCI may, at its discretion, confirm the source of the problem and provide usage credit for the anomalous traffic.
   6. Performance Characteristics. The data speeds listed for each plan are “up to” speeds and are not guaranteed at all times.  GCI manages its network using its best efforts to deliver at least 90% of listed plan speeds during hours of peak network utilization.
      GCI customers can measure their network performance, including download speed, upload speed, and data latency by using GCI’s speed test site at http://speedtest.gci.net.  This service is provided to validate network performance delivered between your access device and the edge of GCI’s core network where we hand off data traffic to the Internet.  Speed tests performed on different sites may produce varying results due to networks and systems outside of GCI’s direct control.  Our best efforts to meet 90% of advertised plan speeds even during peak hours are tested only against GCI’s speed test server.
      In addition, the Federal Communications Commission (FCC) recently conducted a study of several ISPs nationwide, not including GCI, to determine data speeds averaged over a period of several seconds, as well as average latency (the period of time required for data to travel from the customer equipment to the closest speed test server within the ISP’s network back).  The results are consistent with, though not identical to, those experienced and expected for GCI’s cable-based services.
      Download: On average, during peak periods (7pm to 11pm) cable-based ISPs, like GCI, delivered services at 99 percent of advertised speeds. Peak period speeds decreased from 24-hour average by approximately 3.4 percent.
      Upload: On average, cable-based services delivered 110 percent of advertised upload speeds.  Peak period upload speeds demonstrated little variance between 24-hour averages and peak period averages.
      Latency: On average, cable-based services demonstrated round trip latency of 28 milliseconds.  Because of the distance between earth stations and geostationary satellites, average latency for satellite-served locations is significantly higher.
      How does speed and latency affect your Internet activities?
      Web browsing. The FCC Report found that, for web browsing—accessing a series of web pages, but not streaming video or using video chat sites or applications—performance increased with higher speeds, but only up to about 10 Mbps. Latency and other factors limited performance at the highest speed tiers.
      VoIP. The FCC Report also found that cable-based data products adequately supported VoIP services, which can be used with a data rate as low as 100 kilobits per second (kbps) but require relatively low latency.  VoIP quality, however, may suffer during times when household bandwidth is shared by other services.
      Streaming Video. Results from the FCC Report suggest that video streaming should work well across cable-based services, provided that the consumer has selected a broadband service tier that matches the quality of streaming video desired. For example, standard video is currently commonly transmitted at speeds below 1 Mbps, while high quality streamed video might require 2 Mbps or more. Consumers should understand the requirements of the streaming video they want to use and ensure that their chosen broadband service tier will meet those requirements, including when multiple members of a household simultaneously want to watch streaming video on separate devices.
      Further information about the FCC Report can be found at http://www.fcc.gov/measuring-broadband-america#download.
   7. Network Management. In order to maintain the best possible experience for all customers, GCI may use reasonable network management practices that are consistent with industry standards. For non-dedicated access services, GCI employs congestion management techniques as follows:
      If a certain portion of the network nears a state of congestion, management techniques will ensure that all customers have fair access to the network. Customers using the greatest amounts of bandwidth relative to their plan, regardless of the online activities, protocols or applications in use, will be temporarily managed until the period of congestion passes. Customers who are managed will still be able to do their online activities, but could experience longer than normal times to download or upload files, somewhat slower Web browsing, or delays in online gaming.
      These techniques manage congestion in real time, so the periods of management may be sporadic.
      It is important to note that the effects of these techniques are temporary and have nothing to do with aggregate monthly data usage of the managed accounts. Rather, it is dynamic and based on prevailing network conditions as well as very recent data usage of the individual account.
      With the exception of malware (viruses, spam, etc.), GCI does not at any time prohibit the use of, or block access to, any services or applications even when network management techniques are used. In order to ensure applications work effectively for customers, GCI may prioritize certain applications that require real-time interaction such as voice service.
      Locations in GCI’s statewide network that are served in part via satellite do not allow for the types of real-time congestion management described above.  Pursuant to GCI’s Terms of Use, Peer-to-Peer or Network News Transfer Protocols (NNTP) may receive reduced bandwidth during peak hours of network traffic.  GCI does not block traffic from any individual application.
      Aggregated, non-customer-specific network traffic data is stored and used specifically for network management and growth planning purposes and is occasionally shared with third-party industry organizations for similar purposes.
   8. IP Addresses. Due to GCI’s need to account for and justify its efficient use of IP address space with ARIN (American Registry for Internet Numbers), GCI requires customers to make efficient use of the addresses provided by GCI and may require customer to provide documentation justifying the assigned addresses. IP network addresses assigned from a GCI net-block are non-portable and must be returned to GCI in the event that the customer discontinues service. While GCI will strive to minimize changes that may impact customers, Customer agrees and understands that there may be addressing changes that will require changes of customer addresses from time to time.
   9. Device Attachment. Customers are not restricted from attaching devices, including wireless routers, to the network access equipment that GCI provides, subject to any security limitations noted herein, including GCI’s right to prohibit any devices that it finds harmful.GCI supplies cable modems to all Internet subscribers free of charge. These devices have been thoroughly tested for GCI’s network and supporting systems to ensure secure, reliable service at the highest possible data rates, and, where technically possible, to provide customers with usage information. While GCI does not prohibit the use of any specific cable modems on its network, customer-provided cable modems require GCI pre-certification before they can be used for service. There will be a charge for testing any new device submitted by customers. This process is necessary to ensure network security, network management, service provisioning, and the availability of usage information. Any customer wishing to attach a non-GCI-certified modem to GCI’s network should inquire at support@gci.net. Any devices submitted for certification must, at a minimum, be approved by the FCC and also be CableLabs DOCSIS certified. GCI makes no representations about the operation of non-GCI-certified devices with GCI services and may not be able to support or troubleshoot such devices.
   10. Customer Owned Modems. Below is the current list of modems certified for use on GCI’s network. GCI cannot guarantee, repair, support or replace a customer-owned modem. GCI reserves the right to refuse service to any modem or modem model which, in GCI’s judgement, might impair network performance.
       • Arris CM820A
       • Netgear CG3000D
       • RCA DCM425 (this model works with limited plans, please check with GCI support prior to purchasing)
   11. Network Security. In an effort to provide a secure network, GCI deploys industry-recommended security measures.  For subscribers connected to GCI’s wireline network, GCI employs a number of measures, including Cable Modem Authentication, CVC signed code images, Data Encryption, Baseline Privacy Interface (BPI), and Digitally Signed configuration files.  For subscribers connected to GCI’s network wirelessly via Wi-Fi or similar fixed wireless technology (often in rural Alaska), GCI uses unpublished Service Set Identifiers (SSIDs) and Media Access Control (MAC) protocol-based authentication for each authorized device on the network.  Regardless of network type, GCI recommends customers use personal firewalls and security/malware software to protect their personal information.
4. TERMINATION AND EXPIRATION
   1. Termination Rights. Either party may terminate this A greement at any time by providing the other party with no less than twenty-four (24) hours written, telephonic or email notice of such termination. In those cases where annual prepayment terms are elected by you, you agree and understand that the calculation of any refund for unused Service will be based upon the normal rate for the Service and not upon the discounted annual prepayment rate.
   2. Subscriber Obligation Upon Termination.You agree that upon termination of the Agreement:
      1. You will pay GCI in full for your use of the Service up to the later of the effective date of termination of this Agreement or the date on which the Service is disconnected by GCI. You agree to pay GCI on a pro-rated basis for any use by you of the Service for a part of a month;
      2. You will return any GCI-provided hardware, or will permit GCI to access your premises at an agreed upon time to remove the hardware provided by GCI; and
      3. You will return or destroy all copies of any software provided to you pursuant to this Agreement.
   3. GCI Retention Rights. Nothing contained in this Agreement shall be construed to limit GCI’ s rights and remedies available at law or in equity.
5. LIMITED WARRANTY The service is provided by GCI “as is” without warranty of any kind. GCI does not warrant uninterrupted use of the service. GCI does not warrant that any data or any files sent by or to subscriber will be transmitted in uncorrupted form or within a reasonable period of time. GCI will not be responsible for any damage customer suffers, including but not limited to loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions. All representations and warranties of any kind, express or implied, including, without limitation, any warranties or noninfringement, fitness for a particular purpose or merchantability are hereby excluded and disclaimed. Some states do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.
6. LIABILITIESYou 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. For example, it is possible to obtain access to Content that is pornographic or otherwise inappropriate or offensive, particularly for children. GCI assumes no responsibility for the Content contained on the Internet or otherwise available through the Service. All Content accessed by you though the Service is accessed and used by you at your own risk, and GCI 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. GCI specifically disclaims any responsibility for the accuracy, quality and confidentiality of information obtained through the Service.
   1. Links. The Service, or third parties, may provide links to other World Wide Web sites or resources. Because GCI has no control over such sites and resources, you agree that GCI is not responsible for the availability of such external sites or resources. You further agree that GCI does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further agree that GCI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be cause by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
   2. Eavesdropping. GCI’ s transmission facilities are used by numerous Service subscribers. Because of this, there is a risk that you could be subject to “eavesdropping.” This means that other Service subscribers may be able to access and/or monitor your use of the Service. This risk of eavesdropping exists not only with cable transmission facilities, but also on the Internet and other services to which access is provided by GCI 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 GCI 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.
   3. FTP/HTTP Server Setup. You should be aware that when using the Service to access the Internet or any other online service, there are certain applications, such as FTP (File Transfer Protocol) server and HTTP (Hyper Text Transfer Protocol) server, which may be used to allow other Service users and Internet users to gain access to your computer. If you choose to run such applications, you should take the appropriate security measures. Neither GCI nor any of its respective affiliates, subcontractors, employees or agents shall have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings resulting from, arising out of or otherwise relating to the use of such applications by you, including, without limitation, damages resulting from others accessing your computer.
   4. Back-up Requirements. Subscriber agrees to back-up all existing computer files by copying them to another storage medium periodically. GCI and each of its respective affiliates, subcontractors, employees and agents, shall have no liability whatsoever for any damage to or loss or destruction of any of your software, file data or peripherals.
7. LIMITATION OF LIABILITYUnless otherwise specifically provided in this Agreement, neither GCI nor any of its respective affiliates, subcontractors, employees or agents, will be liable to you or to any third party for:
   1. 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, misdeliveries, transmission, or any failure of performance of the Service; and
   2. 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.
   3. The limitations set forth in this Section 15 apply to the acts, omissions, negligence and gross negligence of GCI 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.
   4. Your sole and exclusive remedies under this Agreement are as expressly set out in this Agreement. Some states do not allow the limitation or exclusion of incidental or consequential damages, so such limitations or exclusions may not apply to you.
8. 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 computer. 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.
9. TRADEMARK INFORMATION GCI is our trademark. Without our express permission, you agree not to display or use our trademark in any manner contrary to law.