Last edited 3/16/2017
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
USE OF SERVICE/PHONE/NUMBER. You agree not to use the Phone or Device for any unlawful or abusive purpose or in any way which damages our property or interferes with or disrupts our system or other users. You further agree that the Service is primarily for your use and the use of those living with you in your household only. You will comply with all laws while using the Service and you will not transmit any communication, which would violate any law, court order, or regulation, or would likely harass the recipient. You are responsible for all content you transmit through your Device. Resale of Service is prohibited without prior written contractual arrangements with us and any required regulatory approvals. You are responsible for ensuring that your Device is compatible with our Service and meets federal standards. We reserve the right to refuse to permit equipment purchased or acquired from others to be used with our Service. You may not install any amplifiers, enhancers, repeaters or other devices which modify, disrupt or interfere in any way with the radio frequency licensed to us to provide Service. You have no ownership rights to the Number, any IP address or any e-mail address provisioned by us to be used with any wireless IP service, and you agree we may change any such Number, IP address or e-mail address at any time with or without prior notice to you. By using Service, you agree to abide by the terms and conditions of any applicable software license.
OFF-NET USAGE. The Service is intended to be used primarily on our wireless network and only occasionally on roaming partner networks. If your use of voice or data service (including unlimited services) on other carrier networks ("Off-Net Usage") exceeds your Off-Net Usage allowance during any two consecutive months, GCI may, at its option, terminate your Service, deny your continued use of other carriers' coverage, or change your plan to one imposing usage charges for Off-Net Usage. Your Off-Net Usage allowance for voice is the lesser of 1,000 minutes, 50% of the Anytime Minutes included with your plan, or 90% of the total number of minutes you use in a given month. Your Off-Net Usage allowance for data is the lesser of 1GB, 50% of the wireless data usage included with your plan, or 90% of your total data usage in a given month. In addition, GCI may, at its option, terminate your Service, or deny your continued use of other carriers' coverage, or change your plan to one imposing usage charges for Off-Net Usage if you no longer reside within the state of Alaska or if you have not used the Service on GCI's network during any two consecutive months. GCI will notify you if and when it intends to take any of the above actions. Note that roaming is not available in all areas or for all services, and the areas where and the services for which roaming is available may change from time to time without notice.
NUMBER PORTABILITY. If you request that we port a telephone number from another carrier to use as the Number for the Service, 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 E-911 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 all fees and charges incurred on your Device, and if applicable, any Early Termination Fees or charges for terminating service before the end of a set period under a separate agreement with GCI. You acknowledge that it may take several days from the time of your request for the port to be completed and your service with GCI to be terminated.
FRAUDULENT, ILLEGAL, OR ABUSIVE ACTIVITY. If your Device is stolen or service is fraudulently used, you must immediately notify us and provide us with such documentation and information as we may request (including affidavits and police reports). Until you notify us, you will remain responsible for all such charges made to your account. After you notify us, we may, at our discretion, suspend your service for up to 30 days. Services suspended for longer than 30 days are subject to automatic cancellation, which may trigger Early Termination Fees or other charges as described in paragraph 1.a.ii. We have the right to interrupt or restrict Service to your Number, without notice to you, if we suspect fraudulent illegal or abusive activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to provide reasonable cooperation will result in your liability for all fraudulent usage.
PIN NUMBER. Private Identification Number Waiver for Business Customers - The F.C.C. requires that customers set up and use a Private Identification Number ("PIN") when communicating with the Company to obtain certain information about, or to make certain changes to, its telephone account. Use of this PIN may be waived by the account owner or authorized account user, by contacting GCI Business Customer Service at 265-5454, or (800) 800-7754 (Toll Free), with proper authentication ("PIN Waiver"). The PIN Waiver will remain in effect until revoked by the account owner.
NETWORK MANAGEMENT. In order to maintain the best possible experience for all customers receiving 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 a variety of network management techniques to ensure that all customers have fair access to the network, consistent with the limits of technology. For example, we may give priority on our broadband network to voice traffic and other latency-sensitive applications over web traffic that is less sensitive to slight delays. We may also prioritize or deprioritize traffic based on such factors as signal quality, how long the traffic has been in the queue, the number of users contending for system resources, the order in which traffic was received, and other factors. These practices are intended to ensure adequate or better performance for the applications used by our customers and to improve the overall performance of our networks. 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. The network management practices we employ generally are dynamic and based on prevailing network conditions and very recent data usage of the individual account. With the exception of efforts to ensure network security and integrity, and addressing traffic unwanted by our users (such as malware, viruses, denial of service attacks, 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. 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. See below for additional details about specific plans. Certain network traffic data is stored and used specifically for network management and growth planning purposes by GCI.
USE OF WIRELESS DATA. Wireless data plans may be used for accessing the Internet for such uses as: (i) Internet browsing; (ii) e-mail; (iii) intranet access (including accessing corporate intranets, e-mail and productivity applications made available by your company); (iv) downloading and streaming of audio, video and games; and (v) Voice over Internet Protocol (VoIP). You are responsible for all users who are allowed access to your Service and all utilization and excess traffic accessed through the Service. GCI does not guarantee any particular mobile broadband speed or network performance. Many factors affect the speed and performance that customers experience, including but not limited to: the technical limitations and configuration of the Device; the applications that are running on the Device; proximity to a cell site; the capacity of the cell site; the technology used at the cell site; the number of users trying to access the cell site; the surrounding terrain; use inside a building or in a moving vehicle; radio frequency interference; and features of your data plan. 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. The Usage Viewer may not distinguish between usage in Extended Markets and other areas to the extent this distinction is relevant to your 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 devices or in any communications sent or received through the Service.
TURBOZONE. TurboZone provides GCI Wireless subscribers with wireless access to the Internet and related services and features via GCI high-speed wireless Internet access points. GCI offers TurboZone to existing GCI Wireless customers with qualified data plans. Use of TurboZone is subject to the TurboZone Terms & Conditions, which are available on our website at http://www.gci.com/about/terms-and-conditions/turbozone.
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 8(c). 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. If we make changes to your plan or this Agreement that have a material adverse effect on you, you can cancel the Service that has been affected within 30 days of receiving the notice with no early termination fee. Please note that if you entered into a separate agreement with GCI that imposes a requirement for maintaining voice and/or data service with GCI for a certain length of time, there may be charges associated with termination of service before the end of that period. Please refer to that agreement for more information.
You agree to indemnify us for any damage, loss, expense or liability (including reasonable attorney's fees and costs incurred by us) resulting from your use or misuse of our services, unless caused by gross negligence or willful misconduct of GCI. Use of your Device while operating a motor vehicle may be prohibited or restricted by law in some areas. It is your responsibility to conform to all such laws or regulations and you shall indemnify us from claims arising from any such unlawful use. This paragraph shall survive termination of this Agreement.
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, AND YOU ACKNOWLEDGE THAT THIS SERVICE AND THE COMPANY EQUIPMENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NEITHER GCI NOR ANY THIRD-PARTY PROVIDER OF SERVICES OR PRODUCTS MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE, AND GCI WILL NOT BE PARTY TO NOR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN SUBSCRIBER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. We make no express warranty regarding the Service or the Device and disclaim any implied warranty, including warranty of merchantability or fitness for a particular purpose. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. We are not the manufacturer of the Device and any statement regarding it should not be interpreted as a warranty. This paragraph shall survive termination of this Agreement. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations contained in this paragraph and paragraph 4 may not apply to you.
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 DURING WHICH TIME 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.
NOTICES. 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 short messaging service, by telephone, or by hand-delivery. Our notice to you may alternatively be provided on your billing statement, in your online billing account (if applicable), or posted on our website at http://www.gci.com. 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:
ENTIRE AGREEMENT. These Terms and Conditions and the provisions of your Service Agreement and the 14 - Day Trial Period Policy for New Wireless Service, if applicable, 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 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.
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.
OTHER SERVICES. You may have received special promotions or discounts on other services offered by us in connection with the purchase of certain wireless services. These promotions or discounts may terminate upon termination of this Agreement or earlier.
AGE & CAPACITY. You certify that you are legally competent to enter into this Agreement, that you are over 18 years old, and that you are not aware of any disability that would prevent you from entering into this Agreement. You may, at your discretion, permit minors to use the Service under adult supervision. You are solely responsible for monitoring all material that is accessed by minors using the Service, and you acknowledge that the Service provides access to content that is unsuitable for minors. If you are entering this Agreement on behalf of an organization, you represent that you are authorized to bind that organization, and where the context requires, "you" includes the organization. If you activate Service on behalf of an organization but were unauthorized to do so, you will be personally responsible for all charges to the account and will be fully bound by this Agreement as though you had activated Service on your own behalf.