PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. This is an integral part of the GCI Business Service Agreement between you (“Customer”) and GCI for certain communications, information and data services provided by GCI (collectively, the “Service”) at the service address(es) specified in your account.
ARTICLE 1. BILLING, PAYMENT, AND TERMINATION
1.1 Billing and Payment
a. Charges. You agree to pay all charges associated with the Service, including without limitation installation/service call charges, monthly service charges, charges for the use of equipment, usage charges, overage charges, and any taxes, surcharges, fees, assessments, or recoveries reasonably determined by us to be imposed on you or us as a result of use of the Service. Subject to notice requirements or other legal limitations, we reserve the right to change monthly recurring fees, usage fees, connection fees, and equipment fees, or to add new fees, at our discretion and at any time.
b. Billing. Service is purchased and provided to you on a monthly basis. Recurring service charges, equipment charges, and fees will be billed monthly, in advance. Your first monthly bill may include pro-rated charges from the date you first begin receiving Service, as well as monthly recurring charges for the next month and charges for non-recurring Service you have received, and may also include credit for any funds collected at the time of installation. Some charges, such as usage-based charges, may be billed after the products or services have been provided to you. If you receive Service under a promotion, regular charges for the Service will apply after the promotional period ends. Partial-month charges will be itemized on your statement if you add or change Service between billing dates. Payments can be made on or before the due date listed in your bill. Please include the top portion of your bill with your payment. If you provide a credit card or debit card number to us to pay for the Service, you authorize us to charge that credit card or debit card for all amounts payable by you for ongoing charges until you notify us in writing that you are withdrawing this authorization or until you have paid all charges under this Agreement.
c. Late or Missing Payments. Please note there is a late fee and finance charge assessed to any account that is not paid in full by the due date listed in your bill. Returned payments are subject to a $30.00 return fee.
d. Collections. You expressly authorize GCI and its outside collection agencies or other agents to contact you in connection with any and all matters relating to unpaid past due charges. We may refer your past due account to a collection agency to collect any amounts past due. You agree that if we incur collection or other legal costs as a result of nonpayment, you will be liable for the total past due amount, any returned check fees, and the costs of collection. These costs include, but are not limited to, any collection agency’s fees, reasonable attorneys’ fees, and arbitration or legal costs upon judgment. THIS STATEMENT OF GCI’S RIGHTS TO PURSUE COLLECTIONS DOES NOT LIMIT OR MODIFY YOUR AGREEMENT TO RESOLVE ALL DISPUTES WITH GCI PURSUANT TO PARAGRAPH 5.3 BELOW.
1.2 Disconnection and Termination of Service
a. Disconnection for Late Payment or Non-Payment. We may disconnect your Service for late payments, non-payment, or violations of your obligations under this Agreement. If your account is disconnected due to late payment, non-payment, or violations of your obligations under this Agreement, you will still be responsible for paying any early termination fees associated with a Term Agreement (defined below), if applicable, and a reconnection fee may be required to reconnect your Service.
b. Termination. You may cancel your Service at any time subject to being charged any early termination fees and other equipment fees as described below. When you cancel your Service, you are responsible for paying for your use of the Service through the date on which your termination takes effect or we disconnect your Service. You agree to pay GCI on a pro-rated basis for any use by you of the Service for a part of a month. We will refund any balance due to you by mail after disconnection of the Service if there are no outstanding charges or early termination fees (if applicable), and after Company Equipment has been returned to us. You must return any Company Equipment to a GCI store at the time your service is canceled, otherwise you will be charged for unreturned equipment. See Article 2 for more information about equipment.
c. Term Agreement. You may have entered into an agreement with GCI that requires you to maintain your Service for a certain period of time and that allows GCI to charge you an early termination fee if you prematurely cancel your Service (“Term Agreement”). Your Service Proposal will specify whether you have entered into a Term Agreement and if you are subject to an early termination fee. You agree to pay such early termination fee.
ARTICLE 2. EQUIPMENT
2.1 Access to Customer Premises
If access to Customer’s premises is required for the installation, maintenance, or removal of equipment used to provide the Service (“Service Equipment”), Customer will ensure that GCI has reasonable access to the premises, and will use commercially reasonable efforts to obtain any necessary third party consents.
2.2 Damage During Installation
Customer acknowledges that GCI may be required to perform internal wiring at Customer’s premises in order to install Service Equipment. Customer further understands that certain Service Equipment may be mounted to walls and ceilings in order for the Service to function properly. GCI will use commercially reasonable efforts to keep damage to walls, ceilings and premises to a minimum, but will not be responsible for repairing or returning Customer’s premises to its original condition, except to the extent caused by GCI’s gross negligence or willful misconduct.
2.3 Company Equipment
“Company Equipment” means all equipment and facilities installed or leased to you by GCI, except for Customer Equipment (defined below). Company Equipment is for your exclusive use only for purposes of using the Service during your subscription and remain GCI’s property. You agree that you will not allow the Company Equipment to be serviced by anyone other than our employees or agents. Except as otherwise provided in this Agreement, you may not permit any attachments to, alteration of, or tampering with the Company Equipment. We may remove or change the Company Equipment at our discretion at any time the Service is active or following the termination of your Service. You agree that addition or removal of or change to the Company Equipment may interrupt your Service. You agree that the Company Equipment must be returned to us at the time you cancel your Service and that it will be in working order other than reasonable wear and tear. In the event the Company Equipment is lost, stolen, damaged, destroyed, or otherwise not returned promptly, you agree to pay the current replacement cost of the Company Equipment. GCI will repair or replace defective Company Equipment at no charge to Customer unless it is determined that Customer is responsible for such equipment failure. Any Company Equipment (and any replacements thereof) may be refurbished equipment, so long as the equipment is of good quality and appearance and supports the Service.
2.4 Customer Equipment
“Customer Equipment” means any customer-owned or customer-provided hardware or software, or hardware or software that is purchased from GCI and specifically identified in an executed Sales Proposal as being owned by Customer. 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 Customer Equipment that it finds harmful. GCI cannot guarantee that Customer Equipment will work with our Service. We may not be able to support or troubleshoot Customer Equipment and will not be responsible for the ongoing maintenance of any equipment that we did not provide to you. You are responsible for providing all other equipment, devices, and software necessary to receive and use the Service.
ARTICLE 3. BUSINESS SERVICES
3.1 GCI Office Complete
a. Service Description. GCI Office Complete is a total voice and data solution to power your small business communication needs. It is a bundled service composed of GCI Cloud Voice, Internet, Wi-Fi, and Cloud Backup, with the option for the Customer to add additional services. The terms and conditions applicable to these individual services are described in this Article 3.
b. Bundled Service. GCI Office Complete is offered as a bundled package and Customer may not cancel individual services thereunder. If Customer cancels any individual services thereunder, GCI may at its option suspend or terminate Customer’s GCI Office Complete service and charge Customer any applicable early termination fees and other equipment fees.
3.2 GCI Cloud Voice
a. Service Description. GCI Cloud Voice is a cloud-based communication solution that provides voice and video calling, fax, and voice conferencing, with the option for the Customer to upgrade to include mobility applications and other features.
b. Calling Plan. GCI Cloud Voice includes local and long distance voice service subject to these terms and conditions. Voice service is provided for live dialog between people only and is not for resale. You may not use your voice service for purposes other than as intended by GCI. Prohibited purposes include, but are not limited to: monitoring services, transmissions of broadcasts or recorded materials, telemarketing, fraud, autodialed calls, or other similar connections. If GCI determines your voice service use violates these terms and conditions, GCI may, in its sole discretion without notice, modify your service, charge you pay-per-use rates, or terminate your service. GCI Cloud Voice does not include international calling, toll-free, additional feature charges, 411 and operator and directory assistance, which are subject to additional charges. For international calling, you may separately subscribe to GCI’s Small World Calling Plan, and that plan’s International Rates will apply. More information can be found at International Rates.
c. Number Portability. If you request that we port a telephone number from another carrier to use as the Number for GCI Cloud Voice, you specifically authorize us to communicate and exchange information with your current carrier to validate and complete the port, and to port your telephone number. We will make every effort to honor your request to port a telephone number from another carrier into our Service. You acknowledge that our ability to do so may be restricted by a number of factors, including but not limited to the policies or actions of the other carrier, the rate center in which the telephone number is assigned, or other technical, regulatory, or contractual limitations. If you terminate the Service pursuant to this Agreement, we will make every effort to honor your request to port the Number to another carrier. We may refuse to honor a request to port the Number to another carrier if the other carrier is not able to provide us with adequate validation information for your account. You acknowledge that E911 service will be impaired during the processing of the port, which may take several hours or up to several weeks. If we receive a request from your new service provider to port your number, and we port it, we will treat it as notice from you to terminate our service. You will then be responsible for any early termination fees and for all fees and charges incurred in connection with the service.
d. Registration of Physical Location Required. You must register the physical location where you will be using GCI Cloud Voice (“Registered Location”) for each GCI Cloud Voice phone line you purchase from GCI. GCI will obtain your Registered Location as part of the service initiation process, and will not provide service until you have provided your initial Registered Location. You must update your Registered Location when you use your GCI Cloud Voice service from a new location. If you do not update your Registered Location, 911 calls you make with your GCI Cloud Voice service will be routed based on your previously provided Registered Location and therefore may not be routed to the appropriate Public-Safety Answering Point (PSAP) for your current location. In addition, because GCI will, where possible, automatically transmit your Registered Location to the PSAP, you must update your Registered Location to ensure that GCI transmits accurate location information to the PSAP. You agree to provide true, accurate, current and complete Registered Location information to GCI as part of the service initiation process and to update your Registered Location with true, accurate, current and complete information whenever you use your GCI Cloud Voice service from a new location. If you provide Registered Location information that is, or that GCI suspects to be, false, inaccurate, not current, or incomplete, GCI has the right to suspend or terminate the Services and refuse any and all current or future use of all Services, or any portion thereof. GCI will not, however, disable your ability to make a 911 call during any service suspension.
e. Notify All Users of 911 Limitations. You should inform all business associates and other third persons who may be present at the physical location where you utilize GCI Cloud Voice service of the circumstances under which 911 may not be available or may be in some way limited in comparison to traditional 911 service. GCI will place stickers on GCI Cloud Voice equipment warning users that “E911 service may be limited or not available. To route E911 calls to Emergency Responders you must call 800-975-2622 to register your location.” If your GCI Cloud Voice equipment does not have this sticker, or you require additional stickers, please contact our business customer service department.
f. Disclaimer of 911 Liability. GCI disclaims all responsibility for the conduct of PSAPs and all other third parties involved in the provision of emergency response services. GCI does not have any control over PSAPs and is therefore not responsible for whether they answer 911 calls made using GCI Cloud Voice service, how they answer these calls, or how they handle these calls. GCI relies on third parties to assist it in the provision of 911 service, and disclaims all liability for acts or omissions by third parties in the provision of GCI’s 911 service. Neither GCI nor its officers or employees may be held liable for any claim, damage, or loss (including, without limitation, attorneys’ fees) by, or on behalf of, you or any third-party arising from or relating to GCI’s provision of 911 service unless the claims or causes of action arise from GCI’s gross negligence, recklessness, or willful misconduct.
a. Performance Characteristics
i. Speed. The advertised plan speed is the maximum speed you should expect to achieve for the service to which you have subscribed. GCI customers can measure network performance including download speed and upload speed by using GCI’s speed test site at https://speedtest.gci.com. Several factors may affect the actual speed measured by this site at any particular point in time. These factors may include, but are not limited to: the capability of the device used to access the Internet; limitations of customer-owned Wi-Fi routers and other
equipment; the capabilities of websites or other Internet services accessed by you; and other network traffic. Speed tests performed on different sites may produce varying results due to networks and systems outside of GCI’s direct control.
ii. Basic Level of Service. Some plans offer the option for customers that have utilized all of the high-speed data usage under their plan to continue for the remainder of their billing cycle (after all the included usage has been used) at a “Basic Level of Service” without incurring additional usage charges. At a Basic Level of Service, no applications, websites, or services are blocked at any time. Activities such as email, online shopping,
banking, and most web browsing may load faster and work better than applications that require high speeds, such as large file downloads or streaming media. When using a Basic Level of Service, you may find that content requiring high speeds is sometimes embedded in web pages, which may slow down the overall web browsing experience. Note that when your new billing cycle begins, the Service will automatically return to the normal high speed plan you subscribe to.
b. Data Usage
i. Overview. To ensure high quality and affordable Internet access for all GCI Internet subscribers, some GCI products include specific amounts of usage in the regular monthly Service charge. GCI reserves the right to change these amounts at any time. If the change results in a reduction of service, GCI will provide at least 30 days’ notice. Any high-speed usage exceeding the included amount of usage will be invoiced and payable. You
are responsible for all users who are allowed access to your Service and all utilization and excess traffic accessed through the Service. All GCI 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 pursuant to our Fair Use Policy. GCI provides an online interface (“Usage Viewer”) to allow customers to monitor the
usage on their accounts. The Usage Viewer is a guide for estimating current usage, but real-time updates are not available as usage is consumed. In addition, totals from previous days may increase as the usage records are processed and reported in the Usage Viewer, and changes to your plan during the billing cycle may result in inconsistent usage reporting until a new billing cycle begins. If there is any anomalous traffic, you must report
the issue to GCI within 3 business days of the anomalous traffic. If the anomalous traffic is reported promptly and results from circumstances outside your control, including without limitation a computer virus, spam attack, or denial of service attack, GCI may, in its discretion, confirm the source of the problem and provide usage credit for the anomalous traffic. If you have questions about your usage, please contact Customer Service.
ii. Information About Particular Levels of Service. GCI Internet plans include a specific amount of high-speed data usage per billing cycle. Once all of the high-speed data included in the plan is used, the Internet service will be reduced to a Basic Level of Service for the remainder of the billing cycle. Customers on these plans are given the option to continue using the Basic Level of Service, upgrade to another plan, or authorize the
purchase of an additional high-speed usage bucket. Since each purchase must be authorized before charges are incurred, there is no limit to the number of buckets a customer may opt to add.
c. Network Management. In order to maintain the best possible experience for all customers using GCI broadband Internet service, and to protect our network, GCI uses reasonable network management practices. Consistent with industry standards, if a certain portion of the network grows congested, we may use network management techniques to ensure that all customers have fair access to the network. Customers using the greatest amounts of bandwidth relative to their plan, regardless of the type of online activities, protocols, or applications in use, may have their Internet traffic de-prioritized for a brief time until the period of congestion passes. Customers whose Internet traffic is de-prioritized may 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 and are temporary. The network management is dynamic and based on prevailing network conditions and very recent data usage of the individual account. With the exception of ensuring network security and integrity, and addressing traffic unwanted by our users (such as viruses, spam, etc.), we do not prohibit the use of, block access to, or block traffic from any services or applications even when we use network management techniques. In order to ensure that applications work effectively for all our 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. In those locations, Peer-to-Peer or Network News Transfer Protocols may receive reduced bandwidth during peak hours of network traffic. Aggregated, non-customer-specific network traffic data is stored and used specifically for network management and growth planning purposes by GCI.
d. IP Addresses. You acknowledge that use of the Service does not give you any ownership or other rights in any Internet/on-line addresses provided to you, including without limitation Internet Protocol (“IP”) addresses and e-mail addresses. We may modify or change these addresses at any time and will make reasonable efforts to contact impacted customers when such changes are made. Upon termination of your Service, we reserve the right to permanently delete or remove any or all addresses associated with your Service.
a. Operational Responsibility for Wi-Fi Service. GCI will acquire, install and maintain all GCI Equipment required to operate the Wi-Fi Services. The GCI Equipment does not include any Wi-Fi End User equipment, including, but not limited to network adapters, Internet access devices (computers, notebooks, PDAs, etc.).
b. Limitations of Wi-Fi Service. Wi-Fi Service is provided over wireless radio waves that can travel through some solid objects. However, thick walls, metal structures, and other obstacles can block wireless signals. If Customer’s Internet access device is at the edge of or outside the range of the GCI Wi-Fi equipment, Service may be degraded or Customer may not be able to access the Internet. GCI will take commercially reasonable steps to provide adequate Wi-Fi signal strength to the entirety of Customer’s premises, but does not warrant or guarantee that adequate Wi-Fi signal strength will be available and usable in all locations. In addition, Wi-Fi Service is by nature a non-licensed spectrum service and, by law and FCC regulations, is subject to outside interference. GCI will take commercially reasonable steps to mitigate and/or work around interference, but does not warrant or guarantee that the Wi-Fi Services will not be subject to outside interference. To minimize interference, Customer agrees not to use any other products or services at its premises that utilize the IEEE 802.11 protocols without GCI’s prior written consent.
c. Risks of Wi-Fi Service. Although GCI has taken commercially reasonable steps to provide a secure system within limitations existing in network and computer infrastructure, GCI does not warrant or guarantee that communication over the Wi-Fi Service will be secure from monitoring or tampering, nor that information stored on any computer connected to the Wi-Fi Service will be secure from monitoring or tampering. Wi-Fi Service is provided over wireless radio waves, which means that your transmissions could be intercepted by unauthorized persons. You assume all risk and release GCI in the event of any damage you may suffer during use of Wi-Fi Service, including the introduction of any viruses that may occur or breaches from unauthorized third parties. Please ensure your anti-malware software is up to date and that your data is backed up or otherwise protected.
3.4 Cloud Services
a. Service Description. Cloud Services may include Cloud Storage and Backup and access to Google Apps and Google Vault. Cloud Storage and Backup services enable multiple devices (smartphones, tablets, laptops) to securely store backup data folders to a personal, central repository in the GCI Cloud.
b. Access to Data
i. You will not have access to your data stored in Cloud Storage and Backup during a suspension or following termination of your account.
ii. GCI makes backups of its Cloud Storage and Backup service on a periodic basis so that it is able to more quickly restore the systems in the event of a failure. These backups are made on a snap-shot basis and, therefore, capture only the information that exists on the system at the time of the backup. In addition, GCI may destroy all but the most recent backup. These backups may not be available to you or, if available, may not be useful to you outside of the Cloud Storage and Backup service.
iii. Although the Cloud Backup service may be used as a backup service, you agree that you will maintain at least one additional current copy of your programs and data stored on the Cloud Backup system somewhere other than on the Cloud Backup system.
c. Security of Data. GCI will use commercially reasonable efforts to ensure the integrity, backup, and retention of your data on the Cloud Storage and Backup service. However, GCI cannot guarantee that GCI will be successful at doing so. Accordingly, you acknowledge that you bear sole responsibility for adequate protection and backup of your data. GCI is not responsible to Customer for corruption, deletion, destruction, or loss of any of your data.
d. Google Apps; Google Vault. Google Apps is a suite of collaborative tools including shared calendars, video meetings, and real-time online editing of spreadsheets, presentations, and documents. Google Vault is a web-based add-on for Google Apps to retain, archive, search, and export Google email and chat messages. By using these services, you agree to be bound by the Google Terms of Service, which can be found at http://www.google.com/intl/en/policies/terms/.
3.5 GCI Provided E-Mail Accounts
Some plans include the option to open and use a GCI provided e-mail account (“GCI E-mail Account”). You acknowledge that GCI may establish general practices and limits concerning use of the GCI E-mail Account, including without limitation the maximum number of days that e-mail messages or other content will be retained, the maximum number of e-mail messages that may be sent from or received by a GCI E-mail Account, the maximum size of any e-mail message that may be sent from or received by a GCI E-mail Account, 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 GCI E-mail Account 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 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.
ARTICLE 4. SECURITY, ACCEPTABLE USE, AND PRIVACY
4.1 Network Security
In an effort to provide a secure Service, GCI deploys industry-recommended security measures on its network. 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, 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 that you use personal firewalls and security/malware software to protect your personal information. It is your sole responsibility to take appropriate precautions to protect against damage to or destruction of hardware, software, files, and data. GCI is not responsible to you for unauthorized use of the Service or authorized access to your data unless the unauthorized use or access results from GCI’s failure to meet its security obligations stated in the Agreement.
4.2 Account Security and Passwords
When you register for the Service, we may provide you a password and user name upon completing the registration process. You are responsible for maintaining the confidentiality of your passwords. You are fully responsible for all activities that occur under your password or account, including any breach of this Agreement. If you learn of unauthorized access to your account, you must notify us immediately.
4.3 Acceptable Use
To establish general rules of the road for the Service, GCI has an Acceptable Use Policy. You agree to comply with the Acceptable Use Policy when using the Service. If you fail to comply, we may suspend or terminate your account or access to the Service. The Acceptable Use Policy may be changed by GCI from time to time without advance notice to you. In the event of such changes, the new Acceptable Use Policy will be posted online at the above link.
4.5 CPNI Consent
Under federal law, you have a right, and we have a duty, to protect the confidentiality of information about the amount, type and destination of your wireless service usage. This information, called Customer Proprietary Network Information (CPNI), includes information that relates to the quantity, technical configuration, type, destination, location, and amount of your use of our service and related information in your bills. It does not include your name, address, or telephone number. We may use your CPNI to provide or market our wireless products and services to you, to protect GCI’s right or property, to provide information to emergency personnel, and to protect you or others from fraudulent, abusive, or unlawful use of our services. We also may use your CPNI to comply with any law or legal process (such as a court order or subpoena). Your acceptance of this Agreement, constitutes your consent that we may use your CPNI to market additional GCI services to you, whether on our own or with third parties. You also consent to us sharing your CPNI with other carriers to validate and/or accomplish any request for number portability into or out of our Service. This consent survives the termination of your Service and is valid until you remove it. To remove this consent at any time, notify us in writing by email at firstname.lastname@example.org or at the address set forth in paragraph 6.5 below, providing your (1) name, (2) home address, (3) home telephone number including area code, (4) Number including area code, (5) Service billing address, and (6) service account number. Removing consent will not affect your current Service.
There may be content available through the Internet that is illegal, violates third party property or other rights, or is offensive. GCI is not responsible for the content contained on the Internet or otherwise available through the Service. GCI is not be liable for any claims, losses, actions, damages, suits, or proceedings arising out of, or otherwise relating to, such content. Websites visited or data received through the Service may contain viruses. It is your sole responsibility to take appropriate precautions to protect against damage to or destruction of hardware, software, files, and data. GCI may, but is not required to, suspend or terminate availability of the Service if a virus is found on any Customer Equipment or in any communications sent or received through the Service.
4.7 Lawful Purposes Only
You may not use the Service for any unlawful purposes. You may not post or transmit through the Service any material (including any message or series of messages) that violates or infringes in any way upon the rights of others (including copyrights, patents, trademarks, trade secrets or proprietary rights), that is unlawful, threatening, abusive, obstructive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, that encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any law.
ARTICLE 5. LIABILITY AND DISPUTE RESOLUTION
5.1 DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE AND COMPANY EQUIPMENT, AS WELL AS THE PURCHASE OR USE OF ANY THIRD-PARTY SERVICE OR PRODUCT PROVIDED BY OR ACCESSED THROUGH THE SERVICE, IS AT YOUR SOLE RISK. THIS SERVICE AND EQUIPMENT ARE PROVIDED FOR YOUR USE “AS IS” AND “AS AVAILABLE” ON A “BEST EFFORTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GCI DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO ANY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
5.2 LIMITATION OF LIABILITY
5.3 ARBITRATION AND CLASS ACTION WAIVER
YOU AND GCI AGREE TO SETTLE ALL DISPUTES BETWEEN US BY BINDING ARBITRATION OR, IF APPLICABLE, IN SMALL CLAIMS COURT PURSUANT TO SMALL CLAIMS RULES. YOU AGREE TO NOTIFY US (AND WE AGREE TO NOTIFY YOU) IN WRITING OF THE NATURE OF THE DISPUTE AT LEAST 45 DAYS BEFORE INITIATING BINDING ARBITRATION OR SMALL CLAIMS COURT ACTION.
YOU AND GCI WILL ATTEMPT TO RESOLVE THE DISPUTE INFORMALLY. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE BETWEEN YOU AND GCI THAT CANNOT BE RESOLVED AFTER 45 DAYS WILL BE FINALLY RESOLVED BY A SINGLE NEUTRAL ARBITRATOR IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT (“FAA”). YOU UNDERSTAND THAT THERE IS NO JUDGE OR JURY IN AN ARBITRATION AND THAT YOU WILL HAVE NO RIGHT TO EITHER. YOU ALSO UNDERSTAND THAT THE ABILITY OF PARTIES TO CONDUCT DISCOVERY IS MORE LIMITED IN ARBITRATION THAN IT IS IN COURT. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. ANY ARBITRATION OR ACTION IN SMALL CLAIMS COURT MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IF FOR ANY REASON A DISPUTE IS PERMITTED TO BE BROUGHT IN COURT, WE BOTH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL IN ANY COURT ACTION. YOU AND GCI ACKNOWLEDGE AND AGREE THAT THE FAA GOVERNS THIS AGREEMENT TO ARBITRATE, THAT THE EXISTENCE AND VALIDITY OF THIS AGREEMENT WILL BE DETERMINED IN ACCORDANCE WITH THE FAA, THAT ANY ARBITRATION BETWEEN YOU AND GCI WILL BE CONDUCTED IN ACCORDANCE WITH THE FAA, AND THAT ANY STATE ARBITRATION STATUTE OR PROCEDURE DOES NOT APPLY. THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS RULES, INCLUDING THE AAA'S SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. THE AAA'S RULES ARE AVAILABLE AT WWW.ADR.ORG OR BY CALLING 1-800-778-7879. PAYMENT OF ALL FILING, ADMINISTRATION, AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA'S RULES. GCI WILL REIMBURSE THOSE FEES FOR CLAIMS TOTALING LESS THAN $10,000 UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS. GCI WILL NOT SEEK ATTORNEYS' FEES AND COSTS IN ARBITRATION, UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS.
YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSIONS, OR IN PERSON IN THE BOROUGH WHERE YOU LIVE OR AT ANOTHER MUTUALLY AGREED LOCATION.
ARTICLE 6. MISCELLANEOUS
6.1 CHANGES TO THIS AGREEMENT
GCI WILL GIVE YOU AT LEAST 30 DAYS’ ADVANCE NOTICE OF ANY CHANGES TO THIS AGREEMENT OR OUR SERVICE, IF SUCH CHANGE MATERIALLY ADVERSELY AFFECTS YOUR RIGHTS OR OBLIGATIONS UNDER THE AGREEMENT. However, shorter advance notice or no notice may be given if GCI believes that GCI or the Service might be adversely affected if longer notice were given. Notice may be given to you as set forth in Paragraph 6.5. If you do not agree to the amended Agreement, you may terminate the Service by giving us written notice by U.S. Mail within 30 days of the date we notify you. If you use the Service for more than 30 days after we notify you of a change, you agree to the amended Agreement.
6.2 Entire Agreement
The GCI Business Service Agreement, these Terms and Conditions, and the provisions of your Service Proposal, together with any other documents directly or indirectly made a part of these Terms and Conditions, represent the entire agreement between you and us, which may only be amended as described in this Agreement. This Agreement supersedes any inconsistent or additional promises that may have been made to you by any of our representatives, agents, or dealers. If any part of this Agreement is found to be invalid, the balance of the Agreement remains enforceable. GCI does not waive any provision or right if it fails to insist upon or enforce strict performance of any provision of this Agreement.
6.3 Force Majeure
In the event that either party is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any cause beyond its reasonable control (including, without limitation, for causes due to war, fire, earthquake, flood, hurricane, riots, acts of God or other similar causes), the affected Party’s performance will be excused and the time for performance will be extended for the period of delay or inability to perform due to such occurrence.
We may assign all or part of this Agreement without such assignment being considered a change to the Agreement and without notice to you. Upon any such assignment, we are then released from all liability. You may not assign this Agreement or the Service or Company Equipment furnished under this Agreement without our prior written consent.
GCI may send any required or desired notice under this Agreement by mail to the service address specified in your account, by e-mail, by telephone, or by hand-delivery. Our notice to you may alternatively be provided on your billing statement, in a newspaper, in your online billing account (if applicable), or posted on our website at http://www.gci.com/business. YOU AGREE THAT ANY ONE OF THE FOREGOING WILL CONSTITUTE SUFFICIENT NOTICE. YOU AGREE TO REGULARLY CHECK YOUR MAIL, E-MAIL, ONLINE BILLING ACCOUNT (IF APPLICABLE), AND ALL POSTINGS ON OUR WEBSITE AND YOU BEAR THE RISK OF FAILING TO DO SO. If you give notice to us, it will be effective when received by us at the following address:
GCI Business Services
Attn: Customer Service
PO Box 99001
Anchorage, AK 99509-9001
6.6 Governing Laws
This Agreement is subject to applicable federal laws, and the laws of the State of Alaska without regard to its conflict of law rules. If there is any inconsistency between this Agreement and those laws and regulations, this Agreement will be deemed amended as necessary to conform to such laws and regulations.
6.7 Representation on Authority of Signatories
Each person signing the Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms.
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