Internet Service Terms and Conditions

Terms and conditions that apply to the use of an AP&T Internet service are set out below. Except as otherwise stated, these terms and conditions apply to every individual or entity subscribing to an AP&T Internet service. Hereafter, such an individual or entity will be referred to as an owner of an AP&T Internet service account. Use of an AP&T Internet service constitutes acceptance with these terms and conditions.

Right to Modify Reserved: These terms and conditions may be modified by AP&T Internet service at any time. A current copy will always be available on the aptalaska.com website. Continued usage of an AP&T Internet service account subsequent to any modification in these terms and conditions constitutes acceptance of the modification.

Use for Lawful Purposes
Services provided by AP&T Internet service may be used only for lawful purposes.

Transmission, distribution, posting or storage of any material in violation of any Federal, state or local law is strictly prohibited. This includes, but is not limited to transmission, distribution, posting or storage of:

Material that is obscene or defamatory.
Material that would constitute an illegal threat.
Material that is exported which would violate applicable export control laws.
Material that is protected by copyright, trademark, trade secret or other intellectual property (see AP&T Copyright Policy and Complaint Procedure).

Activity that in any way interferes with any person, entity or computer system accessible via the Internet, regardless of whether the interference is in violation of Federal, state or local law is strictly prohibited. Such activity would include, but not be limited to:

Unauthorized attempts to access or use the data or resources of another person, entity, host or network, including any attempt to probe another person, entity, host or network, or to breach the security of a system belonging to another person, entity, host or network.

Interference with any person, entity, host or network, including but not limited to, mail bombing, flooding, or any other deliberate attempt to adversely impact another person, entity, host or network.
Please note that the prohibition against use of an AP&T Internet service account to engage in unlawful activity is not limited to those activities described above, but applies to any and all unlawful activity. Any account found in violation of the provisions of this section will be immediately suspended.

Open Internet Order
The FCC has recently issued new regulation intended to protect the concept of Open Internet established in 2005. The order requires AP&T to provide the following information related to our broadband products:

Network Practices
AP&T broadband service does not favor applications or classes of applications being used on the Internet. Traffic from individual subscribers is not analyzed or characterized in any way. AP&T broadband subscribers are capable of utilizing their Internet connections in any lawful way they desire.

Performance Characteristics
AP&T provides an at best effort broadband service where speeds will be “up to” the subscribed speed, however we do our best to make sure our broadband customers are capable of reaching 80 percent or more of their subscribed speed. Broadband speeds can be tested at speedtest.aptalaska.net.

Commercial Terms
Details regarding AP&T Internet services are available on the aptalaska.net website including service pricing, usage charges and fees. Individuals having trouble locating service details within the AP&T website are encouraged to contact their local AP&T office or technical support at 1.866.793.4179.

Port Blocking
In order to protect AP&T broadband customers and deny the propagation of worms and viruses on our IP space, a small range of TCP and UDP ports are blocked. Please see the Port Blocking page on the aptalaska.net website for further information.

Broadband Usage
AP&T broadband services are subject to the usage limits and rates defined in our broadband pricing. Any utilization in excess of the broadband subscriber’s usage limit will be billed on a prorated per gigabyte rate. AP&T broadband subscribers are responsible for all users of the broadband service including utilization and excess usage. Broadband subscribers are responsible for monitoring broadband usage via the AP&T Customer Portal at portal.aptalaska.net. Any unusual broadband usage should be promptly reported to AP&T in order to avoid usage charges.

Broadband Equipment
The AP&T broadband subscriber shall bear all risks for AP&T broadband equipment, including the entire risk of loss, theft, damage or destruction of the equipment and all liability for the use, possession, operation, storage and condition of the equipment.

The use of non-authorized DSL broadband equipment is prohibited and could result in broadband service quality issues. Please see the Broadband Equipment page on the aptalaska.net website for more specific information regarding the broadband equipment used, fees and the demarcation point.

Email Usage
The owner of an AP&T Internet service account is entitled to make use of email services through AP&T Internet service. AP&T Internet service has provided spam and virus filtering for email incoming to AP&T Internet service customers; however has no control over some spam and legitimate incoming email.

AP&T Internet service does impose restrictions on email sent out by AP&T Internet service customers. Use of an AP&T Internet service account to send unsolicited email messages of any type, whether commercial or non-commercial, for profit or non-profit is strictly prohibited. Any account found in violation of the provisions of this section will be immediately suspended.

Acceptable Use
Subscribers may not resell the AP&T Internet service or otherwise charge others to use the service (the service is for personal use only within your business, domicile, apartment, dormitory room or barracks room and you agree not to use the service for operation as an Internet Service Provider or for any other business enterprise in competition with the service without written permission from AP&T.

Information, Files and Programs
Use at Your Own Risk. Access to all manner of information, files and programs is available on the Internet through use of an AP&T Internet service account. When accessing such resources, AP&T Internet service strongly recommends the use of common sense, and the use of an up-to-date, quality anti-virus program. While the risk of harm may be small, risk does exist. AP&T Internet service cannot and does not attempt to guard account owners from any risk of harm associated with the use of information, files and/or programs retrieved from the Internet.

AP&T Internet service can only urge caution in the retrieval and/or use of any information, file or program from the Internet. AP&T Internet service explicitly disclaims any responsibility for the accuracy or quality of information retrieved from the Internet, and further disclaims liability for any and all harm that might result from the use of any information, file or program retrieved from the Internet. Retrieval and/or use of any information, file or program from the Internet through the use of an AP&T Internet service account is at the sole risk of the owner of the account.

Personal Information
When using any Internet resource whether email, web page postings, chat groups, shopping, or other resources available on the Internet AP&T Internet service warns account owners to use caution in divulging personal information of any sort. Such information might include credit card information, telephone and/or address information, or account names and passwords (in general, account owners should never give out account name and password information).

AP&T explicitly disclaims any and all liability for loss or other damage of any type that is or might be incurred by the owner of an AP&T Internet service account as a result of divulging personal information. All such information is divulged, if at all, at the sole discretion and risk of the owner of the account.

Account Responsibility
The owner of an AP&T Internet service is responsible for any and all use made of the account. Thus, any violation of these terms and conditions by an account will be held by AP&T Internet service to be the responsibility of the owner of the account, regardless of the owner of the account that was personally responsible for the violation.

Termination of an Account
Use of the words “owner” and “ownership” in these terms and conditions shall not be deemed to convey any property interest in the resources of AP&T Internet service, in the login name(s), the email address(s), or any other element of an AP&T Internet service account.

AP&T Internet service may at its discretion terminate an account at any time, with or without cause, and may thereafter re-issue the login name(s), email address(s) and any other element the account, and may do so in whatever fashion it deems best. Likewise, the owner of an account may terminate the account at any time, with or without cause, and in so doing gives up all right to use of the login name(s), email address(s) and/or every other element of the account.

Prior Terms and Conditions Superseded
These terms and conditions supersede all previous terms and conditions, representations, understandings or agreements, whether verbal or written. No other terms and conditions, representations, understandings or agreements shall be in effect with regard to an AP&T Internet service account unless specifically adopted in a written agreement between AP&T and the owner of the account. To be effective, any such written agreement must include specific language indicating that the written agreement is in addition to the on-line terms and conditions, and that the written agreement shall control in the event of a conflict with the on-line terms and conditions.

Pricing and Compensation
Pricing for AP&T Internet service accounts is established separately from these terms and conditions. Failure of an owner of an AP&T Internet service account to pay for use of an AP&T Internet service account in accordance with pricing established by AP&T Internet service shall result in immediate suspension of the account.

Invoices: AP&T shall invoice the customer for each month of service. The customer shall pay each invoice within thirty (30) days from the date of the invoice. The customer shall pay interest at 2% per month or, at the maximum rate permitted by law, on all amounts not paid after such thirty (30) day period. Customers shall also pay all reasonable costs of collection, including attorney’s fees, incurred by AP&T in the collection of invoices that are not paid by the customer.

Disputes
In the event of a dispute on any portion of any invoice, the customer shall notify AP&T in writing of any disputed portion of the invoice within twenty (20) days of receipt of the disputed invoice. After receipt of the notice, the parties shall meet to resolve the disputed portion of the invoice within fifteen (15) days. If the parties fail to agree on a resolution within fifteen (15) days of receipt of the notice, then the customer shall pay the disputed portion under protest and proceed with all available legal and equitable remedies. The undisputed portion of the invoice shall be paid within thirty (30) days of the date of the invoice.

Privacy; Monitoring
AP&T Internet service is under no obligation to monitor Internet services, but we may do so at our discretion and we may disclose information regarding the owner of an AP&T Internet service account’s use of the services for any reason and at our sole discretion in order to satisfy applicable laws, regulations, governmental requests, or in order to operate and deliver the services in an effective manor, or to otherwise protect AP&T Internet service and our account owners.

Interruption of Service
From time to time, the services offered by AP&T Internet service will be interrupted. Interruptions of service may occur for any number of reasons. For AP&T Internet access services, an online session may be interrupted if it remains idle for too long a time, or for other similar reasons. Interruptions of service may occur in a given city or network wide in order for AP&T Internet service to perform maintenance tasks; such interruptions will generally be announced in advance of the interruption or scheduled from 12:00AM to 6:00AM. Interruptions may also occur for reasons completely beyond the control of AP&T Internet service.

Use of an AP&T Internet service account constitutes acknowledgment by the owner of the account that such interruptions will occur from time to time. Each owner of an AP&T Internet service account acknowledges and agrees that AP&T Internet service shall not be liable to the owner for any harm or loss arising from an interruption of service, regardless of the nature and extent of the harm or loss. Each owner of an AP&T Internet service account further acknowledges and agrees that responsibility for avoiding harm or loss arising from an interruption of service, regardless of the nature and extent of the harm or loss, is the responsibility of the owner, and not that of AP&T Internet service.

By way of example, access to on-line brokerage services via the Internet would be lost during an interruption of service. AP&T Internet service cannot and will not be responsible for such loss of access, regardless of whether the loss of access occurs as a result of an interruption of service by AP&T Internet service, or for any other reason. It is the responsibility of the owner of an AP&T Internet service account to plan in advance against the possibility of occasional loss of access to such services.

Limitation of Liability
Use of an AP&T Internet service account constitutes acknowledgement by the owner of the account that AP&T Internet service:

Is not the manufacturer of equipment used to provide access to the Internet.
Is not the developer of software used to access Internet resources, including software provided by AP&T Internet service, if any.
Is not the developer or provider of content available on the Internet.

In conjunction with services offered, equipment used to provide service, software used to access Internet resources including software made available by AP&T, if any, and any and all content which might be encountered on the Internet from time to time, AP&T disclaims all representations and warranties, direct or indirect, express or implied, written or oral, including but not limited to implied or express warranties of suitability, durability, merchantability and/or fitness for a particular purpose.

Use of an AP&T Internet service account constitutes agreement that any and all damage which might arise from:

Use of services provided by AP&T Internet service.
Use of equipment used by AP&T Internet service to provide such services.
Use of software used to access Internet resources, including software provided by AP&T Internet service, if any.
Use of any content that might be encountered on the Internet from time to time.
Any and all such damages, of any type, shall be the responsibility of the owner of the account, and shall not be the responsibility of AP&T Internet service. Use of an AP&T Internet service constitutes a waiver of any and all claims against AP&T Internet service for any and all such damages. None of the provisions in this section of these terms and conditions shall be deemed to negate any other provision of these terms and conditions, provided however, that if any provision in these terms and conditions shall be deemed inconsistent with the provisions of this section, the provisions of this section shall be controlling.