Fibre Alaska Gustavus Area Plans, Terms, and Conditions

Fibre Alaska Plan Options

 

*All plans require a Fibre install technician to perform the install
*All speeds are as available, up to, and as is.
*All packages depend on availability and connection quality to your premises and are determined by Fibre upon installation.

Fibre Alaska Network Management FCC Disclosure

Network Practices

General Description

Fibre Alaska provides a variety of Internet offerings to our residential and commercial customers over our broadband network and through other communications facilities connecting to the Internet. The Bandwith and Network resources that are used to deliver residential and commercial internet service are limited and shared among users.  We monitor our network and traffic patterns and make changes we deem necessary to manage and improve overall network performance. We use reasonable, nondiscriminatory, network management practices to improve overall network performance to ensure a high-quality online experience for all users. We use various tools and techniques to manage our network, deliver our service, and ensure compliance with our Acceptable Use Policy and our Terms and Conditions of Service. Our network management practices do not target any specific content, application, service or device. As network management issues arise and as technology develops, we may employ additional or new network management practices. Fibre Alaska does employ different techniques to improve its network quality to assure equal performance for all users.

Blocking

Fibre Alaska does not engage in any practice, other than reasonable network management disclosed herein, as stated within our acceptable usage policy, that blocks or otherwise prevent end-user access to lawful content, applications, service, or non-harmful devices.

Throttling

Fibre Alaska does not engage in any practice, other than reasonable network management disclosed herein, that degrades or impairs access to lawful Internet traffic on the basis of content, application, service, user, or use of a non-harmful device.

Affiliated or Paid Prioritization

Fibre Alaska does not engage in any practice that directly or indirectly favors some Internet traffic over other traffic to benefit an affiliate or in exchange for consideration, monetary or otherwise.

Congestion Management

Network monitoring. We monitor our network for utilization trends. We receive regular reports showing changes in network traffic and congestion. We use this information to plan increases in available bandwidth, port additions or additional connectivity to the Internet. Should new technologies or unforeseen developments in the future make it necessary to implement an active congestion management program, we will update these disclosures and otherwise notify our customers of the scope and specifics of this program.

Potential heavy bandwidth users. Fibre Alaska generates reports showing end user usage for management of potential heavy bandwidth usage and the effects on our network.

Types of traffic affected. Our congestion management practices do not target any specific content, applications, services, or devices, or otherwise inhibit or favor certain applications or classes of applications.

Purpose of congestion management practices. Our broadband Internet network is a shared network. This means that our customers share upstream and downstream bandwidth. The goal of our congestion management practices is to enable better network availability and speeds for all users. Our congestion management practices serve to:

  • Help us adapt and upgrade our network to maintain or improve network performance as demand for our broadband Internet network increases.
  • Help us adapt and upgrade our network to maintain or improve network performance as demand for higher bandwidth applications increases. Some examples of higher bandwidth applications are gaming, streaming movies, and streaming high definition video.
  • Help us identify potential heavy bandwidth users.

Congestion management criteria.

Network monitoring

Our network monitoring provides data to help us plan upgrades to our network, equipment, technology, and connectivity to the Internet. As demand for our Internet service increases, and as demand for higher bandwidth applications increases, we monitor effects on network performance and plan upgrades as we deem necessary.

Potential heavy bandwidth users

We, in our sole reasonable discretion, determine the criteria for data usage that is not characteristic of a typical residential user of Fibre Alaska Internet broadband access service.  Subject to Fibre Alaska sole reasonable discretion, residential customer bandwidth usage is considered non-compliant if the usage is for commercial (profit or non-profit) purposes or is of a usage similar to that used for commercial purposes.

Effects on end-user experience

Because our broadband Internet network is a shared network, periods of high network demand may result in Internet traffic congestion. End users may experience reduced bandwidth or speed during these times. Although we work to engineer and implement solutions to eliminate congestion that affects the end user experience, new technologies or unforeseen developments may require implementation of an active congestion management program. Should it become necessary in the future to implement such programs, Fibre Alaska will notify its customers of the program and the criteria under which this congestion management will be implemented.

Application-Specific Practices

This section discloses any application-specific practices we use if any.

Management of specific protocols or protocol ports

To protect the security of our network and our customers, we may block known hostile ports. In such cases, we may block that specific port until the attack ceases, at which time we remove the block.

Modification of protocol fields

N/A

Applications or classes of applications inhibited or favored

N/A

Device Attachment Rules

This section addresses any limitations on attaching lawful devices to our network.

General restrictions on types of devices to connect to the network

We place no general restrictions on lawful devices that a customer may connect to our network, so long as the device is: (i) compatible with our network; and (ii) does not harm our network or other users. Our broadband Internet service works with most PCs and laptops including Macs, and other Internet-compatible devices like game systems and Internet-enabled TVs. If a password-protected wireless router is connected to our broadband Internet service, wireless Internet compatible devices properly connected to the router including computers, tablets, smartphones, and other devices can connect to our network. If a customer or potential customer believes they have an unusual configuration, our customer service department will help determine if there is a compatibility problem.

Optical Network Terminal

Our fiber broadband Internet service requires connection of an optical network terminal to our network. You must obtain an optical network terminal from us.

Wireless Internet Customer Premise Equipment (WI-FI)

Customers can obtain wireless premise equipment from us, or use a compliant model they provide.

Network and End-User Security

This section provides a general description of the practices we use to maintain the security of our network. We use a number of tools and techniques to protect our network and end users from malicious and unwanted Internet traffic such as preventing the distribution of viruses or other harmful code and preventing the delivery of spam to customer email accounts.

Practices used to ensure end-user security, including triggering conditions

Virus and Spam filtering

N/A

Hostile port blocking

We may block known hostile ports to prevent unwanted files, browser hacking, and virus attacks.

Performance characteristics

Fiber Alaska provides what is known in the industry as a "fixed broadband" Internet access service to both residential and commercial users, that is designed to provide the capability to transmit data to and receive data from all or substantially all Internet endpoints. Fibre Alaska offers multiple packages (or "tiers") of broadband Internet access service for residential or commercial use with varying speeds, features, and limitations that may affect the suitability of such service for real-time applications. The features, pricing and other commercial terms of our service offerings are modified from time to time, and not all packages are available in all areas. Each package is priced to reflect the particular speed, features, and limitations of that package. Full descriptions of currently available packages, including pricing information are available at : www.fibrealaska.com/gustavus/residential

The FCC requires that we disclose information regarding the expected and actual upstream and downstream speeds and latency of our services. Our advertised speeds are estimates (i.e., "up to" the specified speed) and our Internet access service is provided on a best effort basis and cannot be guaranteed. The actual speed a subscriber experiences may vary based on a number of factors including, but not limited to (i) variances in network usage; (ii) the capabilities and capacities of the customer's computer and/or local area network (LAN) devices such as wireless routers; (iii) latency (i.e., the time delay in transmitting or receiving packets as impacted in significant part by the distance between points of transmission); (iv) the performance of the content and application providers the consumer is accessing, such as a search engine or video streaming site; and (v) performance characteristics of transmissions over portions of the Internet that are not subject to our  control.

There are various tools available online that measure Internet Performance, including downstream and upstream speeds. One such test is operated by Ookla Inc. and can be accessed at http://www.speedtest.net/. Using information compiled from individual tests, Ookla Inc. also reports a "rolling mean throughput" speed in Mbps over the past 30 days for the top 20 ISPs with at least 100 tests. Listed below are all our packages, prices, advertised speeds, and features, and the latest speed test results (tested from a test setup in our office via speedtest.net) for all of our packages that are available following this link: www.fibrealaska.com/gustavus/residential

 Privacy Policy:

We collect and store information from many sources as it relates to providing and maintaining service to our customers. Individually identifiable customer information, including usage data obtained in our role as your broadband Internet access service provider, is only used to provide the service, improve your use of the service, manage our network, or as otherwise required or authorized by law.

We do not disclose individually identifiable broadband Internet access service customer or use information to third parties except: (i) as necessary to provide our broadband Internet service and to manage our network; or (ii) in response to law enforcement requests, subpoenas, court orders, or as otherwise required or authorized by law.

Fibre Alaska reserves the right to add new information when available in the future.

TERMS AND CONDITIONS OF SERVICE

Provider: BYTE NETWORKING, LLC d/b/a Fibre Alaska

Customer: %%CUSTOMERNAME%%

For the following Service: %%SERVICELIST%%

The following terms and conditions of service (“Terms of Service”) govern your use of the Services as defined below. Any Fibre Alaska document(s) describing the plans, features or products you have selected, and any other document(s) incorporated by reference (collectively, “Governing Documents”) together with these Terms of Service constitute our agreement with you (“Agreement”). If there is any inconsistency between the Governing Documents and these Terms of Service, these Terms of Service will prevail.

Customer’s use of Fibre Alaska Internet Services constitutes Customer’s acceptance of the following Fibre Alaska Terms and Conditions (the “Usage Agreement”) and the rest of the "Governing Documents". Customer, hereby defined to include any person or entity utilizing any service of Byte Networking, LLC (d/b/a Fibre Alaska, and also known as "Fibre" and, "Byte Networking", "Byte" – all collectively “Fibre Alaska” or “Provider”, used interchangeably in this document. “us”, “we”, “our” or “ourselves” also means the Fibre Alaska entity(ies) named in the Agreement) “you” or “your” means the Customer.

Fibre Alaska may also carry on buisiness directly and/or through various other subsidiaries and affiliates - individually and collectively "Fibre Alaska"). Conferred rights and benefits thereof are non­transferable. Use of the Fibre Alaska network and services (collectively “Services”) is expressly limited to Customer.

Service means any service provided by Fibre Alaska. This includes Internet Service, Phone, VOIP, Network support, Transport, and any other service provided by Fibre Alaska to the Customer.

Equipment means any hardware or device provided by Fibre Alaska for use by a customer.

You agree to purchase Service from Fibre Alaska, in accordance with the terms and conditions of this agreement.
You acknowledge that you accept this Agreement on behalf of yourself, your users and all persons who use the equipment and/or service through the equipment.
You have the sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this agreement.
You 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 the use of the Service and/or Equipment by you or another user.
You agree to use your Fibre Alaska supplied service from your own premises.
You agree to provide Fibre Alaska with accurate and complete billing information, including your legal name, address and telephone number.
If your address, phone number, name or other billing information changes, you will notify us of the changes within 30 days.
By ordering and paying for a Fibre Alaska account, or by using the Fibre Alaska service, you affirm that you are 18 years of age or older or you have parental or guardian consent to use the service.

LIMITATION OF LIABILITY
ALL SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. IN NO EVENT WILL FIBRE ALASKA BE LIABLE TO YOU FOR ANY ALLEGED LOST PROFITS, LOST SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING OUT OF YOUR USE OR INABLITY TO USE SERVICES PROVIDED HEREUNDER, EVEN IF PROVIDER IS ADVISED IN ADVANCE OF THE POSSIBLITY OF ANY SUCH DAMAGES, AS ANY AND ALL LIABILITY IS HEREBY EXPRESSLY RENOUNCED.

USAGE
The Services may only be used for lawful purposes and in a manner consistent with any and all applicable local, state, federal, and/or international laws. Customer shall not use Provider’s Services to transmit any material that violates or infringes upon any copyright, trademark, patent, statutory, common law, trade secrets or proprietary rights of others, or contains anything obscene, objectionable, or libelous, as any such usage is prohibited. Customer hereby agrees to fully indemnify, defend and hold harmless Provider from and against any claims or damages (including reasonable attorney fees) resulting from Customer’s use of Service which damages Customer or any other party. Violation of any of these Terms and Conditions may also cause irreparable injury to Provider, and that, in addition to any other available remedies, Provider shall be entitled to obtain injunctive relief against Customer without the necessity of proving any actual monetary damage.
Use of the Services for (1) bulk and/or unsolicited email, commercial or otherwise; (2) spamming, computer­hacking, or “War Driving”; (3) software distribution, cross­posting messages to more than 10 external email addresses or websites, and/or as an advertising medium; (4) to promote or solicit competing Internet services without the express written permission of Provider in advance; (5) to engage in any conduct that interferes with Provider’s ability to provide Services to others, including but not limited to the use of excessive bandwidth; and/or (6) any other improper or illegal purpose, is strictly prohibited and shall be cause for immediate account closure and termination of Services, with or without notice by Provider. Bulk email is defined as the same or similar email messages sent to more than 25 recipients. Fibre Alaska must be notified in advance of any intended bulk distribution of solicited email materials. Pings, bots, and auto checkers used to keep connection running are prohibited. Customer agrees to use only the email address confirmed at time of signup for the “Return” and/or “Reply­To” 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 “Reply­To” internet email address is prohibited, and such use shall be cause for immediate account closure
and termination of Services with or without notice. Customer agrees to utilize appropriate protocols for all data transmissions. Provider’s Services may not be compatible with, nor does Provider support, VOIP applications, and Customer assumes all risk associated with the same; Provider does not recommend that Customer rely on wireless internet or VOIP for emergency contacts (such as 911 calls), as Provider cannot guarantee, and hereby expressly renounces, the reliability of such wireless internet services. In addition, Provider’s POP3 server is not intended as a permanent mail storage facility; as such, any email box storing messages for periods exceeding 30 days will be subject to storage fees and /or email box content deletions by Provider with or without notice. Provider assumes no responsibility at any time for any malfunctioning, deleted or lost mail and/or attachments. Customer shall be liable for
any and all costs, including reasonable attorney fees, incurred by Provider as a result of Customer’s violation of any of these terms and conditions; this includes but is not limited to costs and attorney fees resulting from Provider’s
responses to complaints from, and clean­up for, unsolicited commercial mailing, unauthorized bulk mailings, and/or server violations; for any such matters, Customer shall be charged at Provider’s current hourly rate of $145.00 (U.S. Currency), and in all instances there shall be a minimum charge of (1) hour to Customer. Use of programs such as packet sniffers, hose and/or service monitoring and other similar programs is prohibited. Provider monitors all Services from time­to­time. Customer is solely responsible for his/her/its account(s) and the confidentiality of password(s). Provider will suspend or change access to Customer Accounts upon notification by Customer that passwords have been lost, stolen, or otherwise compromised – Provider may assess a reasonable fee for this service. For purposes of network use, Business Accounts shall be those created and used by a Sole Proprietor, Partnership, Corporation, Limited Liability Company or any other entity engaged in an active “Business Enterprise”. Personal Accounts are those created and used by an individual for personal use, research, and recreation. All
account activations require the disclosure of intended use, be it business, home business or personal, and any misrepresentation of account purpose shall be cause for immediate account closure and termination of Services with or without notice. Unless Customer has specifically subscribed for a Business Account, the Services are provided to Customer for personal, non­commercial use only. The Services cannot be used for any Business Enterprise purpose whatsoever, whether or not the enterprise is directed toward making a profit. If it is your intentional to use the Services for said purposes, please contact Provider to inquire whether Business Account service programs are available. Unless otherwise expressly authorized by Provider, the resale, transfer, or trade of any Byte Networking Account and/or Services is strictly prohibited.
Neither Byte Networking nor any of its agents, shareholders, directors, officers, employees, representatives, insurers or information providers shall be responsible for any damages arising from Customer’s use of, or inability to use, the Services. There is no guarantee of message delivery. Email returned receipts may be requested, but there is no guarantee that the recipient’s mail system will process or even acknowledge these requests. Provider is not responsible for any Customer files or data residing on Provider’s network; Customer is solely responsible for independent backup of all such data. Provider cannot, and does not, exercise any control whatsoever over information passing through its network or through the internet. If Customer sends or posts materials through the Service, Customer is solely responsible for the material and Customer represents that it has all necessary rights to do so. Customer grants to Provider, with no obligation to pay Customer, all rights needed in order to allow Provider to complete Customer’s transmissions or posting, if Provider chooses to do so in its sole discretion. If Provider determines that the transmission violates the terms and conditions of this Agreement in any way, Provider may (but has no duty to) delete the materials, block access to them or cancel Customer’s account. Due to the potential threat
of viral or other nefarious attachments, Provider strongly recommends the practice of safer computing to protect against these threats. Provider is in no way responsible for any data loss or damage arising from viral infection from the Services, network or internet. Customer undertakes browsing and downloading of internet files at his/her/its own risk. Provider recommends Customer consult with a computer vendor, systems analyst, consultant, and/or management information systems personnel to determine the appropriate protection program best suited to Customer’s needs. Customer is hereby warned that some internet sites accessible via Provider’s network allow
posting, retrieval, and/or electronic mailing of materials that may be considered obscene or objectionable. Provider is not responsible for inadvertent or deliberate access to such materials and cannot prevent access to such material. Provider recommends Customer closely monitor use of his/her/its account, especially in the case of potential use or misuse by minor children. Accounts for minor children must be opened by a parent or legal guardian upon such party’s express consent.
Provider, in its sole and absolute discretion, may immediately suspend or terminate Customer’s access to Services upon any breach of any of the Terms and Conditions by Customer, including but not limited to refusal or failure to timely pay for services provided or disruptive on­line behavior. Provider reserves the right, in its sole and absolute discretion, to delete any information entered by Customer into Provider’s computer system. Provider retains the right, but no obligation, to review, accept, and/or reject publicly viewable information. Provider may delete
Customer’s personal files, including but not limited to personal Web page(s) and email, for which a storage fee has not been paid or have not been accessed within the prior 30 days. Provider may terminate access to Services for any
Customer Account(s) which has/have been inactive for 6 months or longer. Provider may, in its sole and absolute discretion, refuse or terminate Services to any person or entity, for any reason or no reason, with or without notice.

ACCEPTABLE USE POLICY
This policy is a separate policy document and its terms and policies are included within the terms of this agreement.

THIRD PARTY CLAIMS
If a third party sues us based upon Customer’s use of the Services, Equipment or Provider­furnished software (for example, claiming theft or copyright infringement based on something Customer posted on­line using the Services), or based upon a breach by Customer of this Agreement or any other Agreement between Customer and Provider, Customer will indemnify and hold harmless Provider (in other words, reimburse Provider) for any losses, including reasonable attorneys’ fees, incurred by Provider.

EQUIPMENT
Customer is solely responsible for all equipment necessary to connect to Provider’s network and use the Services. Any equipment furnished by Provider to Customer shall become the sole property and responsibility of Customer ; notwithstanding the foregoing, upon termination of this Agreement for any reason, Provider shall have the Option to buy back such Provider­furnished equipment in working order from Customer for the sum of One Dollar and Zero/100’s ($1.00). If the Provider­furnished equipment is not returned in working order and within 30 days of termination of this Agreement, the customer will be charged $375.00. Customer is solely responsible for any damage to such equipment or software, whether caused by weather, ice, snow, hail, other natural causes, abuse, vandalism or otherwise. Provider may repair or replace any equipment or software under warranty, if applicable and provided the damage or malfunction arises out of normal usage. If the equipment is not able to be repaired through warranty and Customer does not have the assurance plan, the Customer shall pay $375 to receive new equipment. If the Customer has the assurance plan, they will have to pay a $30 deductible and will receive new equipment. (See specifics under terms and conditions listed on website). Provider will (at no charge to Customer) diagnose and repair any network related problems that cause a disruption in service up to the point at which Provider’s furnished equipment ends. Provider is not responsible for any Customer­installed equipment such as but not limited to computers, home networking equipment, printers, storage devices, and other peripherals/devices. Should Customer request Provider furnish any installation or repair services for customer­owned equipment, Customer will be charged Provider’s then prevailing/posted service rates depending on the type of service performed. Provider utilizes the latest security technology provided by applicable equipment manufacturers for wireless, wired, and optical communications but in no way guarantees, and hereby expressly renounces, such wireless, wired, or optical security or the extent thereof. If the equipment needs to be serviced, collected due to non­payment, or collected due to cancelling; Fibre Alaska, LLC has the right to work on this equipment or retrieve this equipment without notice to the customer.
Fiber Optic cable and conduit is the property of the Provider (Fibre Alaska), and no other carrier shall use those resources to transmit. (unless other arrangements are agreed to by the Provider)

OPERATION
Provider reserves the right to change Services with or without notice including but not limited to pricing access procedures, hours of operation, menu structures, commands, documentation, and the extent of services offered. Notice of modification to these Terms and Conditions will from time­to­time be published on Provider’s Web Page. Customers are strongly encouraged to review the current Terms and Conditions on a regular basis. Customer’s use and enjoyment of Services following such notice (which shall be deemed given upon publication on Provider’s Web Page) shall constitute Customer’s acceptance of such Terms and Conditions, however modified. Provider reserves
the right to require that Customer obtain new or additional Equipment from Provider in order to obtain the full benefit of the Services. Customer understands that Services may be interrupted from time­to­time for numerous reasons, including but not limited to malfunctions, maintenance, and improvements or as required to protect network
resources in the event of malfunctions or misuse, or extreme weather; Customer acknowledges and consents that advance notification of the foregoing may not be provided. Provider shall not be liable for any delay in or failure to provide Services caused by circumstances beyond its control such as those occasioned by acts of God or other causes of which it could not have reasonably foreseen any other cause which similarly impedes the providing of service. Customer shall be entitled to no refunds or credits for scheduled or unscheduled interruptions in the
Services, which are provided “as is” with no warranties or representations of any kind.

Throughput Rates. Provider does not guarantee that Customer will obtain the Maximum Throughput Rate for the
Services at any given time or on a continuous basis. The Throughput Rate experienced at any time will be affected by a number of factors, including the nature of the Internet and its protocols, our facilities, the bandwidth Provider devotes to carriage of protocol and network information, the condition and configuration of our Equipment or Customer­Owned Equipment at Customer’s location, whether Customer uses an in­home wi­fi network (which can significantly limit the Throughput Rate obtained by devices attached to it), Provider’s use of Network Management Tools, data volume and congestion on Provider’s network and the Internet, the time of day Customer is using the Services, the performance of the website servers Customer attempts to access, and the priority, if any, Provider gives to business subscribers’ data traffic and specialized services Provider delivers using Provider’s equipment.

BILLING
Customer bears the sole responsibility to timely pay the monthly Services fees when due. Bills will be sent by e­mail to the Customer’s designated home or business address. It is Customer’s sole responsibility to have a valid and functioning e­mail address on file with Provider. On­line billing is available if set up in advance by Customer with Provider. Customers must timely pay their monthly Bertram internet bill by cash, check, credit or debit card (Master Card, Discover or Visa), or ACH (Automated Clearing House; direct withdrawal from checking or savings account) only. We may require a deposit or other guaranteed form of payment (such as a payment card or bank account debit authorization) from Customer. If Customer owes money on any account, Provider may deduct the amounts owed from any existing credit Customers has or any security deposit provided or, if applicable, charge them to the bank or payment card account Customer has authorized Provider to use. In the event Customer’s credit card or similar mode of payment is stolen, lost, or misplaced, Provider shall not be responsible for any charges that accrue for any reason. NOTE: Customer must provide new credit card information upon expiration of a credit card, even if the account/card number remains the same. Payments made by Check will require an additional $2.00 fee, each time a check is
presented. A penalty fee of $45.00 will be assessed on all returned checks or for insufficient ACH funds; a $20.00 fee will be assessed for each rejected credit/debit card authorization, which is declined for any reason. ACH payments
will post to Customer’s bank account between one (1) and fourteen (14) days after presentment. Provider shall not be liable for presentment errors. Services will be billed on a monthly basis. Payment in full for Services must be received by the 11th day of each month. If full payment is not received by the 11th day of each month, Customer’s account
may be deemed delinquent, Services suspended or terminated and Customer’s account closed, at Provider’s sole and absolute discretion with or without notice to Customer; in such instance, Provider may require an additional reconnection fee of $25.00, and a late payment charge equivalent to 12% per annum may be assessed. Failure by Provider to assess any such fees or late charges shall not constitute Provider’s waiver of the same. Customer shall
be responsible for all costs of collection, including reasonable attorney fees and collection agency fees incurred by
Provider or otherwise permitted by law.

BILLING ERRORS
Customer must bring any billing errors to Provider’s attention within 30 days of the day Customer receives the bill or Customer shall waive any right to (in other words, will not be eligible to receive) any refund or credit.

PROHIBITED USE:
Sharing and Reselling of Internet Service
The customer agrees not to share, distribute, or resell their internet connection to unauthorized users or third parties, including but not limited to sharing the service with individuals in separate buildings, locations, or premises. The internet service provided is intended solely for the customer's personal use at the registered address. Unauthorized sharing of the connection, including "piggybacking" by non-subscribers or reselling the internet service to others, is strictly prohibited. Violations of this policy, including the use of the service in a manner not directly associated with the registered premises, may result in immediate suspension or termination of service without notice.

PROMOTIONS
If Customer is under a promotional offering for a set period of time, the price charged for the Services will not change during that time period, but will return to Provider’s normal billing rates in effect at the end of the time period. However, Customer is not assured that the Services themselves will remain the same (Provider reserves the right to change the Services at any time with or without notice) or that Provider’s fees or charges for items other than the Services (such as charges related to equipment, late payment fees or charges for paying by check) will remain the same. Special offers are special, and Provider is not required to notify Customer of offers made available to others, or to change Customer’s prices to equal those contained in such offers.

CONTRACT TERM
This agreement becomes effective on the date on which you order your Fibre Alaska service. Your first payment is due at the moment your service is connected. This is also your start-of-service date. Your payments are due on the 1st day of every month. This agreement remains in effect from your start-of-service date. It will continue on a month-by-month basis after the first term until such time as your Fibre Alaska account is closed by you or Fibre Alaska.

TERMINATION
Per the accompanying Services Agreement, after the initial contract term, services shall automatically renew on a month-to-month basis, unless Customer provides written notice of termination no less than 30 days prior to the expiration of the term. Provider shall provide notice to Customer of such automatic renewal at least 30 days but no more than 60 days prior to the scheduled effective date of the automatic renewal, and such automatic renewal notice shall be sent by Provider via e­mail to the Customer’s designated home or business e­mail address.
Termination notices must be sent by Customer via email, fax, or U.S. Mail to Provider’s then current address as published on Provider’s website and/or set forth in the Agreement; in addition, all equipment and software furnished by Provider to Customer must be returned by Customer to Provider within 30 days of expiration of the term; failing the same, Customer shall continue to be charged his/her/its monthly fees for all Services. In the event of early termination (prior to expiration of the term), Customer shall be charged the greater of an early cancellation fee of
$150 per remaining month of the term or the balance due (based on Customer’s regular monthly fees to be assessed) for the remainder of the term.

COOPERATION
Customer shall afford Provider access to personal/business files, records, facilities, and equipment as reasonably requested by Provider to facilitate Provider’s furnishing of the Services hereunder. Customer may designate in writing one or more primary “Contact Persons” with whom Provider may primarily deal.
REPRESENTATIONS OF CUSTOMER. The person accepting this agreement for the Customer is fully authorized to do so, and the acceptance by such person is binding upon and enforceable against the Customer

MISCELLANEOUS
In the event of any dispute or legal action between the parties concerning the enforcement or interpretation of this Agreement, the county in which Provider’s principal business office is situated shall be the exclusive venue and jurisdiction for any such legal action, and the law of such venue shall be controlling (Alaska law). In the event of legal action, unless otherwise expressly set forth herein, each party shall bear responsibility for his/her/its own legal costs and fees including attorney’s fees. This Agreement (and the accompanying Services Agreement) contains the entire agreement between the parties, and no other enforceable understandings, oral or otherwise, exist between the parties. This Agreement shall be binding upon the parties’ heirs, successors and assigns.

TERMS AND CONDITIONS OF SERVICE

Provider: BYTE NETWORKING, LLC d/b/a Fibre Alaska

Customer: %%CUSTOMERNAME%%

For the following Service: %%SERVICELIST%%

The following terms and conditions of service (“Terms of Service”) govern your use of the Services as defined below. Any Fibre Alaska document(s) describing the plans, features or products you have selected, and any other document(s) incorporated by reference (collectively, “Governing Documents”) together with these Terms of Service constitute our agreement with you (“Agreement”). If there is any inconsistency between the Governing Documents and these Terms of Service, these Terms of Service will prevail.

Customer’s use of Fibre Alaska Internet Services constitutes Customer’s acceptance of the following Fibre Alaska Terms and Conditions (the “Usage Agreement”) and the rest of the "Governing Documents". Customer, hereby defined to include any person or entity utilizing any service of Byte Networking, LLC (d/b/a Fibre Alaska, and also known as "Fibre" and, "Byte Networking", "Byte" – all collectively “Fibre Alaska” or “Provider”, used interchangeably in this document. “us”, “we”, “our” or “ourselves” also means the Fibre Alaska entity(ies) named in the Agreement) “you” or “your” means the Customer.

Fibre Alaska may also carry on buisiness directly and/or through various other subsidiaries and affiliates - individually and collectively "Fibre Alaska"). Conferred rights and benefits thereof are non­transferable. Use of the Fibre Alaska network and services (collectively “Services”) is expressly limited to Customer.

Service means any service provided by Fibre Alaska. This includes Internet Service, Phone, VOIP, Network support, Transport, and any other service provided by Fibre Alaska to the Customer.

Equipment means any hardware or device provided by Fibre Alaska for use by a customer.

You agree to purchase Service from Fibre Alaska, in accordance with the terms and conditions of this agreement.
You acknowledge that you accept this Agreement on behalf of yourself, your users and all persons who use the equipment and/or service through the equipment.
You have the sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this agreement.
You 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 the use of the Service and/or Equipment by you or another user.
You agree to use your Fibre Alaska supplied service from your own premises.
You agree to provide Fibre Alaska with accurate and complete billing information, including your legal name, address and telephone number.
If your address, phone number, name or other billing information changes, you will notify us of the changes within 30 days.
By ordering and paying for a Fibre Alaska account, or by using the Fibre Alaska service, you affirm that you are 18 years of age or older or you have parental or guardian consent to use the service.

LIMITATION OF LIABILITY
ALL SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. IN NO EVENT WILL FIBRE ALASKA BE LIABLE TO YOU FOR ANY ALLEGED LOST PROFITS, LOST SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING OUT OF YOUR USE OR INABLITY TO USE SERVICES PROVIDED HEREUNDER, EVEN IF PROVIDER IS ADVISED IN ADVANCE OF THE POSSIBLITY OF ANY SUCH DAMAGES, AS ANY AND ALL LIABILITY IS HEREBY EXPRESSLY RENOUNCED.

USAGE
The Services may only be used for lawful purposes and in a manner consistent with any and all applicable local, state, federal, and/or international laws. Customer shall not use Provider’s Services to transmit any material that violates or infringes upon any copyright, trademark, patent, statutory, common law, trade secrets or proprietary rights of others, or contains anything obscene, objectionable, or libelous, as any such usage is prohibited. Customer hereby agrees to fully indemnify, defend and hold harmless Provider from and against any claims or damages (including reasonable attorney fees) resulting from Customer’s use of Service which damages Customer or any other party. Violation of any of these Terms and Conditions may also cause irreparable injury to Provider, and that, in addition to any other available remedies, Provider shall be entitled to obtain injunctive relief against Customer without the necessity of proving any actual monetary damage.
Use of the Services for (1) bulk and/or unsolicited email, commercial or otherwise; (2) spamming, computer­hacking, or “War Driving”; (3) software distribution, cross­posting messages to more than 10 external email addresses or websites, and/or as an advertising medium; (4) to promote or solicit competing Internet services without the express written permission of Provider in advance; (5) to engage in any conduct that interferes with Provider’s ability to provide Services to others, including but not limited to the use of excessive bandwidth; and/or (6) any other improper or illegal purpose, is strictly prohibited and shall be cause for immediate account closure and termination of Services, with or without notice by Provider. Bulk email is defined as the same or similar email messages sent to more than 25 recipients. Fibre Alaska must be notified in advance of any intended bulk distribution of solicited email materials. Pings, bots, and auto checkers used to keep connection running are prohibited. Customer agrees to use only the email address confirmed at time of signup for the “Return” and/or “Reply­To” 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 “Reply­To” internet email address is prohibited, and such use shall be cause for immediate account closure
and termination of Services with or without notice. Customer agrees to utilize appropriate protocols for all data transmissions. Provider’s Services may not be compatible with, nor does Provider support, VOIP applications, and Customer assumes all risk associated with the same; Provider does not recommend that Customer rely on wireless internet or VOIP for emergency contacts (such as 911 calls), as Provider cannot guarantee, and hereby expressly renounces, the reliability of such wireless internet services. In addition, Provider’s POP3 server is not intended as a permanent mail storage facility; as such, any email box storing messages for periods exceeding 30 days will be subject to storage fees and /or email box content deletions by Provider with or without notice. Provider assumes no responsibility at any time for any malfunctioning, deleted or lost mail and/or attachments. Customer shall be liable for
any and all costs, including reasonable attorney fees, incurred by Provider as a result of Customer’s violation of any of these terms and conditions; this includes but is not limited to costs and attorney fees resulting from Provider’s
responses to complaints from, and clean­up for, unsolicited commercial mailing, unauthorized bulk mailings, and/or server violations; for any such matters, Customer shall be charged at Provider’s current hourly rate of $145.00 (U.S. Currency), and in all instances there shall be a minimum charge of (1) hour to Customer. Use of programs such as packet sniffers, hose and/or service monitoring and other similar programs is prohibited. Provider monitors all Services from time­to­time. Customer is solely responsible for his/her/its account(s) and the confidentiality of password(s). Provider will suspend or change access to Customer Accounts upon notification by Customer that passwords have been lost, stolen, or otherwise compromised – Provider may assess a reasonable fee for this service. For purposes of network use, Business Accounts shall be those created and used by a Sole Proprietor, Partnership, Corporation, Limited Liability Company or any other entity engaged in an active “Business Enterprise”. Personal Accounts are those created and used by an individual for personal use, research, and recreation. All
account activations require the disclosure of intended use, be it business, home business or personal, and any misrepresentation of account purpose shall be cause for immediate account closure and termination of Services with or without notice. Unless Customer has specifically subscribed for a Business Account, the Services are provided to Customer for personal, non­commercial use only. The Services cannot be used for any Business Enterprise purpose whatsoever, whether or not the enterprise is directed toward making a profit. If it is your intentional to use the Services for said purposes, please contact Provider to inquire whether Business Account service programs are available. Unless otherwise expressly authorized by Provider, the resale, transfer, or trade of any Byte Networking Account and/or Services is strictly prohibited.
Neither Byte Networking nor any of its agents, shareholders, directors, officers, employees, representatives, insurers or information providers shall be responsible for any damages arising from Customer’s use of, or inability to use, the Services. There is no guarantee of message delivery. Email returned receipts may be requested, but there is no guarantee that the recipient’s mail system will process or even acknowledge these requests. Provider is not responsible for any Customer files or data residing on Provider’s network; Customer is solely responsible for independent backup of all such data. Provider cannot, and does not, exercise any control whatsoever over information passing through its network or through the internet. If Customer sends or posts materials through the Service, Customer is solely responsible for the material and Customer represents that it has all necessary rights to do so. Customer grants to Provider, with no obligation to pay Customer, all rights needed in order to allow Provider to complete Customer’s transmissions or posting, if Provider chooses to do so in its sole discretion. If Provider determines that the transmission violates the terms and conditions of this Agreement in any way, Provider may (but has no duty to) delete the materials, block access to them or cancel Customer’s account. Due to the potential threat
of viral or other nefarious attachments, Provider strongly recommends the practice of safer computing to protect against these threats. Provider is in no way responsible for any data loss or damage arising from viral infection from the Services, network or internet. Customer undertakes browsing and downloading of internet files at his/her/its own risk. Provider recommends Customer consult with a computer vendor, systems analyst, consultant, and/or management information systems personnel to determine the appropriate protection program best suited to Customer’s needs. Customer is hereby warned that some internet sites accessible via Provider’s network allow
posting, retrieval, and/or electronic mailing of materials that may be considered obscene or objectionable. Provider is not responsible for inadvertent or deliberate access to such materials and cannot prevent access to such material. Provider recommends Customer closely monitor use of his/her/its account, especially in the case of potential use or misuse by minor children. Accounts for minor children must be opened by a parent or legal guardian upon such party’s express consent.
Provider, in its sole and absolute discretion, may immediately suspend or terminate Customer’s access to Services upon any breach of any of the Terms and Conditions by Customer, including but not limited to refusal or failure to timely pay for services provided or disruptive on­line behavior. Provider reserves the right, in its sole and absolute discretion, to delete any information entered by Customer into Provider’s computer system. Provider retains the right, but no obligation, to review, accept, and/or reject publicly viewable information. Provider may delete
Customer’s personal files, including but not limited to personal Web page(s) and email, for which a storage fee has not been paid or have not been accessed within the prior 30 days. Provider may terminate access to Services for any
Customer Account(s) which has/have been inactive for 6 months or longer. Provider may, in its sole and absolute discretion, refuse or terminate Services to any person or entity, for any reason or no reason, with or without notice.

ACCEPTABLE USE POLICY
This policy is a separate policy document and its terms and policies are included within the terms of this agreement.

THIRD PARTY CLAIMS
If a third party sues us based upon Customer’s use of the Services, Equipment or Provider­furnished software (for example, claiming theft or copyright infringement based on something Customer posted on­line using the Services), or based upon a breach by Customer of this Agreement or any other Agreement between Customer and Provider, Customer will indemnify and hold harmless Provider (in other words, reimburse Provider) for any losses, including reasonable attorneys’ fees, incurred by Provider.

EQUIPMENT
Customer is solely responsible for all equipment necessary to connect to Provider’s network and use the Services. Any equipment furnished by Provider to Customer shall become the sole property and responsibility of Customer ; notwithstanding the foregoing, upon termination of this Agreement for any reason, Provider shall have the Option to buy back such Provider­furnished equipment in working order from Customer for the sum of One Dollar and Zero/100’s ($1.00). If the Provider­furnished equipment is not returned in working order and within 30 days of termination of this Agreement, the customer will be charged $375.00. Customer is solely responsible for any damage to such equipment or software, whether caused by weather, ice, snow, hail, other natural causes, abuse, vandalism or otherwise. Provider may repair or replace any equipment or software under warranty, if applicable and provided the damage or malfunction arises out of normal usage. If the equipment is not able to be repaired through warranty and Customer does not have the assurance plan, the Customer shall pay $375 to receive new equipment. If the Customer has the assurance plan, they will have to pay a $30 deductible and will receive new equipment. (See specifics under terms and conditions listed on website). Provider will (at no charge to Customer) diagnose and repair any network related problems that cause a disruption in service up to the point at which Provider’s furnished equipment ends. Provider is not responsible for any Customer­installed equipment such as but not limited to computers, home networking equipment, printers, storage devices, and other peripherals/devices. Should Customer request Provider furnish any installation or repair services for customer­owned equipment, Customer will be charged Provider’s then prevailing/posted service rates depending on the type of service performed. Provider utilizes the latest security technology provided by applicable equipment manufacturers for wireless, wired, and optical communications but in no way guarantees, and hereby expressly renounces, such wireless, wired, or optical security or the extent thereof. If the equipment needs to be serviced, collected due to non­payment, or collected due to cancelling; Fibre Alaska, LLC has the right to work on this equipment or retrieve this equipment without notice to the customer.
Fiber Optic cable and conduit is the property of the Provider (Fibre Alaska), and no other carrier shall use those resources to transmit. (unless other arrangements are agreed to by the Provider)

OPERATION
Provider reserves the right to change Services with or without notice including but not limited to pricing access procedures, hours of operation, menu structures, commands, documentation, and the extent of services offered. Notice of modification to these Terms and Conditions will from time­to­time be published on Provider’s Web Page. Customers are strongly encouraged to review the current Terms and Conditions on a regular basis. Customer’s use and enjoyment of Services following such notice (which shall be deemed given upon publication on Provider’s Web Page) shall constitute Customer’s acceptance of such Terms and Conditions, however modified. Provider reserves
the right to require that Customer obtain new or additional Equipment from Provider in order to obtain the full benefit of the Services. Customer understands that Services may be interrupted from time­to­time for numerous reasons, including but not limited to malfunctions, maintenance, and improvements or as required to protect network
resources in the event of malfunctions or misuse, or extreme weather; Customer acknowledges and consents that advance notification of the foregoing may not be provided. Provider shall not be liable for any delay in or failure to provide Services caused by circumstances beyond its control such as those occasioned by acts of God or other causes of which it could not have reasonably foreseen any other cause which similarly impedes the providing of service. Customer shall be entitled to no refunds or credits for scheduled or unscheduled interruptions in the
Services, which are provided “as is” with no warranties or representations of any kind.

Throughput Rates. Provider does not guarantee that Customer will obtain the Maximum Throughput Rate for the
Services at any given time or on a continuous basis. The Throughput Rate experienced at any time will be affected by a number of factors, including the nature of the Internet and its protocols, our facilities, the bandwidth Provider devotes to carriage of protocol and network information, the condition and configuration of our Equipment or Customer­Owned Equipment at Customer’s location, whether Customer uses an in­home wi­fi network (which can significantly limit the Throughput Rate obtained by devices attached to it), Provider’s use of Network Management Tools, data volume and congestion on Provider’s network and the Internet, the time of day Customer is using the Services, the performance of the website servers Customer attempts to access, and the priority, if any, Provider gives to business subscribers’ data traffic and specialized services Provider delivers using Provider’s equipment.

BILLING
Customer bears the sole responsibility to timely pay the monthly Services fees when due. Bills will be sent by e­mail to the Customer’s designated home or business address. It is Customer’s sole responsibility to have a valid and functioning e­mail address on file with Provider. On­line billing is available if set up in advance by Customer with Provider. Customers must timely pay their monthly Bertram internet bill by cash, check, credit or debit card (Master Card, Discover or Visa), or ACH (Automated Clearing House; direct withdrawal from checking or savings account) only. We may require a deposit or other guaranteed form of payment (such as a payment card or bank account debit authorization) from Customer. If Customer owes money on any account, Provider may deduct the amounts owed from any existing credit Customers has or any security deposit provided or, if applicable, charge them to the bank or payment card account Customer has authorized Provider to use. In the event Customer’s credit card or similar mode of payment is stolen, lost, or misplaced, Provider shall not be responsible for any charges that accrue for any reason. NOTE: Customer must provide new credit card information upon expiration of a credit card, even if the account/card number remains the same. Payments made by Check will require an additional $2.00 fee, each time a check is
presented. A penalty fee of $45.00 will be assessed on all returned checks or for insufficient ACH funds; a $20.00 fee will be assessed for each rejected credit/debit card authorization, which is declined for any reason. ACH payments
will post to Customer’s bank account between one (1) and fourteen (14) days after presentment. Provider shall not be liable for presentment errors. Services will be billed on a monthly basis. Payment in full for Services must be received by the 11th day of each month. If full payment is not received by the 11th day of each month, Customer’s account
may be deemed delinquent, Services suspended or terminated and Customer’s account closed, at Provider’s sole and absolute discretion with or without notice to Customer; in such instance, Provider may require an additional reconnection fee of $25.00, and a late payment charge equivalent to 12% per annum may be assessed. Failure by Provider to assess any such fees or late charges shall not constitute Provider’s waiver of the same. Customer shall
be responsible for all costs of collection, including reasonable attorney fees and collection agency fees incurred by
Provider or otherwise permitted by law.

BILLING ERRORS
Customer must bring any billing errors to Provider’s attention within 30 days of the day Customer receives the bill or Customer shall waive any right to (in other words, will not be eligible to receive) any refund or credit.

PROHIBITED USE:
Sharing and Reselling of Internet Service
The customer agrees not to share, distribute, or resell their internet connection to unauthorized users or third parties, including but not limited to sharing the service with individuals in separate buildings, locations, or premises. The internet service provided is intended solely for the customer's personal use at the registered address. Unauthorized sharing of the connection, including "piggybacking" by non-subscribers or reselling the internet service to others, is strictly prohibited. Violations of this policy, including the use of the service in a manner not directly associated with the registered premises, may result in immediate suspension or termination of service without notice.

PROMOTIONS
If Customer is under a promotional offering for a set period of time, the price charged for the Services will not change during that time period, but will return to Provider’s normal billing rates in effect at the end of the time period. However, Customer is not assured that the Services themselves will remain the same (Provider reserves the right to change the Services at any time with or without notice) or that Provider’s fees or charges for items other than the Services (such as charges related to equipment, late payment fees or charges for paying by check) will remain the same. Special offers are special, and Provider is not required to notify Customer of offers made available to others, or to change Customer’s prices to equal those contained in such offers.

CONTRACT TERM
This agreement becomes effective on the date on which you order your Fibre Alaska service. Your first payment is due at the moment your service is connected. This is also your start-of-service date. Your payments are due on the 1st day of every month. This agreement remains in effect from your start-of-service date. It will continue on a month-by-month basis after the first term until such time as your Fibre Alaska account is closed by you or Fibre Alaska.

TERMINATION
Per the accompanying Services Agreement, after the initial contract term, services shall automatically renew on a month-to-month basis, unless Customer provides written notice of termination no less than 30 days prior to the expiration of the term. Provider shall provide notice to Customer of such automatic renewal at least 30 days but no more than 60 days prior to the scheduled effective date of the automatic renewal, and such automatic renewal notice shall be sent by Provider via e­mail to the Customer’s designated home or business e­mail address.
Termination notices must be sent by Customer via email, fax, or U.S. Mail to Provider’s then current address as published on Provider’s website and/or set forth in the Agreement; in addition, all equipment and software furnished by Provider to Customer must be returned by Customer to Provider within 30 days of expiration of the term; failing the same, Customer shall continue to be charged his/her/its monthly fees for all Services. In the event of early termination (prior to expiration of the term), Customer shall be charged the greater of an early cancellation fee of
$150 per remaining month of the term or the balance due (based on Customer’s regular monthly fees to be assessed) for the remainder of the term.

COOPERATION
Customer shall afford Provider access to personal/business files, records, facilities, and equipment as reasonably requested by Provider to facilitate Provider’s furnishing of the Services hereunder. Customer may designate in writing one or more primary “Contact Persons” with whom Provider may primarily deal.
REPRESENTATIONS OF CUSTOMER. The person accepting this agreement for the Customer is fully authorized to do so, and the acceptance by such person is binding upon and enforceable against the Customer

MISCELLANEOUS
In the event of any dispute or legal action between the parties concerning the enforcement or interpretation of this Agreement, the county in which Provider’s principal business office is situated shall be the exclusive venue and jurisdiction for any such legal action, and the law of such venue shall be controlling (Alaska law). In the event of legal action, unless otherwise expressly set forth herein, each party shall bear responsibility for his/her/its own legal costs and fees including attorney’s fees. This Agreement (and the accompanying Services Agreement) contains the entire agreement between the parties, and no other enforceable understandings, oral or otherwise, exist between the parties. This Agreement shall be binding upon the parties’ heirs, successors and assigns.