Terms and Conditions of Service

1. ACCEPTANCE OF TERMS AND CONDITIONS
   As a GCI Internet Subscriber ("Subscriber"), you shall be subject to the terms and conditions posted on our Web site at: http://www.gci.net. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. Additionally, you shall be subject to any posted guidelines or rules applicable to the Service that GCI provides. All such rules and guidelines are hereby incorporated by reference into the terms and conditions set forth below and form an agreement between GCI and you (the "Agreement"). This means that if you or anyone using the Service violates the terms and conditions, GCI reserves the right to take appropriate action against your account, including terminating your account privileges with GCI.
2. DESCRIPTION OF SERVICE
   Through the Service, GCI currently provides its subscribers with access to the Internet and certain facilities such as email, web services and news. GCI reserves the right to deliver its Service over any facility it chooses. You agree that you have reviewed and understand that minimum computer requirements necessary to operate the Service as outlined in the documentation provided by GCI for the Service and you agree that you have the minimum computer requirements to operate the Service.
3. SUBSCRIBER INFORMATION AND OBLIGATIONS
   1. Registration. In consideration of your use of the Service, you agree to: (a) provide accurate, current and complete information about yourself as required by the Service's registration form, and (b) maintain and promptly update the information to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or GCI has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, GCI has the right to suspend or terminate your account and refuse any and all current or future use of the Service. GCI is concerned about the safety and privacy of all its users, particularly children. For this reason, children under the age of 18 cannot become Subscribers.
      1. Credit Inquiries. You authorize GCI to make inquiries and to receive information about your credit history from others, enter this information in your file, and disclose such information concerning you to third parties
      2. Information Collection and Disclosure. You agree that GCI may, from time to time, collect information concerning your use of the Service. You agree that such information may be shared with other third parties provided that GCI (i) does not disclose any personally identifiable information about you to others, except as allowed by law, and (ii) otherwise complies with all applicable privacy laws.
   2. Payment Terms. You must pay all applicable monthly fees and installation charges for the Service including applicable late fees and door collection fees. Monthly fees will be billed one month in advance. If payment is not received by the due date, late fees and/or collection charges may be assessed. GCI reserves the right to disconnect the Service to subscribers with delinquent accounts.
      1. Additional Online Charges. As a Subscriber, you are solely responsible for any charges or fees incurred for services ordered, obtained, or otherwise downloaded from third parties while on line.
   3. Subscriber Account, Password & Security. You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password and account. You agree (a) to immediately notify GCI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GCI cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
   4. General Practices Regarding Use and Storage. You acknowledge that GCI may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on GCI's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that GCI has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that GCI reserves the right to disable accounts that are inactive for an extended period of time. You acknowledge that GCI reserves the right to disable an email account (send and receive functionality) if an account remains inactive for more than six months. You further acknowledge that GCI reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
   5. Usage Amount. To ensure high quality Internet access for all GCI Internet subscribers, some GCI products include specific amounts of usage for a base fee. Any usage exceeding the included amount of throughput will be invoiced and payable. You are responsible for all users on your service and all utilization and excess traffic on your products and services. Any email account or web site exceeding the allotted amount of disk space will not store additional data until you reduce the disk space usage or purchase additional space. Email, webspace and throughput included amounts are posted throughout our Web sites at http://www.gci.net and http://www.gci.com. GCI Internet reserves the right to change included amounts at any time upon 30 days prior notice, and such modifications will be posted to our website at www.gci.net.
      
      
      All GCI cable modem 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. In order to maintain the best possible Internet experience for all customers during peak network use periods, GCI may use various network management techniques. These techniques prevent heavy users and/or bandwidth-intensive applications (such as peer-to-peer and NTTP news groups) used by a small number of customers from degrading the performance of other applications used by the majority of customers. Network management tools are not used during periods when the network would not otherwise be congested.
      
      
      Except as explicitly outlined in its Acceptable Use Policy, GCI does not at any time, prohibit the use of, or block access to, specific services, applications, or hosts. All applications and users continue to work even during periods when network management techniques are applied. In addition, GCI may also prioritize certain applications that require real-time interaction such as VOIP (voice over Internet Protocol) to assure that these applications work effectively for customers.
      
      
      Customers who have a requirement for dedicated Internet access services are encouraged to inquire with GCI's customer service department about other products and services GCI has available for those types of needs.
      
      
      Customers are responsible for monitoring their own usage via our web-browser based interfaces. If there is any anomalous traffic, the customer must report the issue to GCI within three (3) business days. If the anomalous traffic is reported promptly and results from circumstances outside the customer's control, including but not limited to computer virus, spam attack, or a denial of service attack, GCI may, at its discretion, confirm the source of the problem and provide usage credit for the anomalous traffic.
   6. IP Addresses. Due to GCI's need to account for and justify its efficient use of IP address space with ARIN (American Registry for Internet Numbers), GCI requires customers to make efficient use of the addresses provided by GCI and may require customer to provide documentation justifying the assigned addresses. IP network addresses assigned from a GCI net-block are non-portable and must be returned to GCI in the event that the customer discontinues service. While GCI will strive to minimize changes that may impact customers, Customer agrees and understands that there may be addressing changes that will require changes of customer addresses from time to time.
4. TERMINATION AND EXPIRATION
   1. Termination Rights. Either party may terminate this A greement at any time by providing the other party with no less than twenty-four (24) hours written, telephonic or email notice of such termination. In those cases where annual prepayment terms are elected by you, you agree and understand that the calculation of any refund for unused Service will be based upon the normal rate for the Service and not upon the discounted annual prepayment rate.
   2. Subscriber Obligation Upon Termination. You agree that upon termination of the Agreement:
      1. You will pay GCI in full for your use of the Service up to the later of the effective date of termination of this Agreement or the date on which the Service is disconnected by GCI. You agree to pay GCI on a pro-rated basis for any use by you of the Service for a part of a month;
      2. You will return any GCI-provided hardware, or will permit GCI to access your premises at an agreed upon time to remove the hardware provided by GCI; and
      3. You will return or destroy all copies of any software provided to you pursuant to this Agreement.
   3. GCI Retention Rights. Nothing contained in this Agreement shall be construed to limit GCI' s rights and remedies available at law or in equity.
5. LIMITED WARRANTY
   The service is provided by GCI "as is" without warranty of any kind. GCI does not warrant uninterrupted use of the service. GCI does not warrant that any data or any files sent by or to subscriber will be transmitted in uncorrupted form or within a reasonable period of time. GCI will not be responsible for any damage customer suffers, including but not limited to loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions. All representations and warranties of any kind, express or implied, including, without limitation, any warranties or noninfringement, fitness for a particular purpose or merchantability are hereby excluded and disclaimed. Some states do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.
6. LIABILITIES
   You should be aware that there may be some Content on the Internet or otherwise available through the Service that may be offensive to some individuals, or that may not be in compliance with all local laws, regulations and other rules. For example, it is possible to obtain access to Content that is pornographic or otherwise inappropriate or offensive, particularly for children. GCI assumes no responsibility for the Content contained on the Internet or otherwise available through the Service. All Content accessed by you though the Service is accessed and used by you at your own risk, and GCI and each of its respective affiliates, subcontractors, employees and agents, shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such Content by you. Content questions or complaints should be addressed to the content provider. GCI specifically disclaims any responsibility for the accuracy, quality and confidentiality of information obtained through the Service.
   1. Links. The Service, or third parties, may provide links to other World Wide Web sites or resources. Because GCI has no control over such sites and resources, you agree that GCI is not responsible for the availability of such external sites or resources. You further agree that GCI does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further agree that GCI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be cause by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
   2. Eavesdropping. GCI' s transmission facilities are used by numerous Service subscribers. Because of this, there is a risk that you could be subject to "eavesdropping." This means that other Service subscribers may be able to access and/or monitor your use of the Service. This risk of eavesdropping exists not only with cable transmission facilities, but also on the Internet and other services to which access is provided by GCI as part of the Service. Because of this risk, any sensitive or confidential information (such as credit card numbers or other personal information, financial information, medical information or trade secrets) sent by you is sent at your sole risk and GCI shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by you.
   3. FTP/HTTP Server Setup. You should be aware that when using the Service to access the Internet or any other online service, there are certain applications, such as FTP (File Transfer Protocol) server and HTTP (Hyper Text Transfer Protocol) server, which may be used to allow other Service users and Internet users to gain access to your computer. If you choose to run such applications, you should take the appropriate security measures. Neither GCI nor any of its respective affiliates, subcontractors, employees or agents shall have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings resulting from, arising out of or otherwise relating to the use of such applications by you, including, without limitation, damages resulting from others accessing your computer.
   4. Back-up Requirements. Subscriber agrees to back-up all existing computer files by copying them to another storage medium periodically. GCI and each of its respective affiliates, subcontractors, employees and agents, shall have no liability whatsoever for any damage to or loss or destruction of any of your software, file data or peripherals.
7. LIMITATION OF LIABILITY
   Unless otherwise specifically provided in this Agreement, neither GCI nor any of its respective affiliates, subcontractors, employees or agents, will be liable to you or to any third party for:

   1. any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly out of, or otherwise arising in connection with, the use of the Service by you including, without limitation, any damage resulting from or arising out of your reliance on or use of the Service, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, non-deliveries, misdeliveries, transmission, or any failure of performance of the Service; and
   2. any losses, claims, damages, expenses, liabilities or costs (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the Service by you on a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property rights or contractual rights of any third party.
   3. The limitations set forth in this Section 15 apply to the acts, omissions, negligence and gross negligence of GCI and each of its respective affiliates, subcontractors, employees and agents, which, but for this provision, would give rise to a cause of action in contract, tort or any other legal doctrine.
   4. Your sole and exclusive remedies under this Agreement are as expressly set out in this Agreement. Some states do not allow the limitation or exclusion of incidental or consequential damages, so such limitations or exclusions may not apply to you.
8. MULTIPLE USERS
   You acknowledge that you are executing this Agreement on behalf of all persons who use the Service with your permission or through your computer. You shall have sole responsibility for ensuring that all such other users understand and comply with the terms and conditions of this Agreement. You further acknowledge and agree that you are solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach is the result of use of the Service by you or by any other user of your computer.
9. TRADEMARK INFORMATION
   GCI is our trademark. Without our express permission, you agree not to display or use our trademark in any manner contrary to law.