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Internet Service Terms and Conditions and Fair Use Polices

Welcome to Borealis Broadband ("Borealis"). Borealis provides its Internet Service (the "Service") to you subject to the terms and conditions set forth below. Borealis is a Wireless Internet Service Provider (WISP). Subscribers access bandwidth through a wireless Internet connection, which is referred to as the “SERVICE”. Fair Use Policies (FUP) are intended to provide protection for our Subscribers and the Internet community, while also allowing Borealis to fairly distribute its WISP network service to all subscribers. NOT reading this document does not limit your liability regarding your subscription. We reserve the right to update these terms and conditions from time to time without notice.

1. ACCEPTANCE OF TERMS AND CONDITIONS

As a Borealis Internet Subscriber ("Subscriber"), you shall be subject to the terms and conditions in this document. The subscriber is solely responsible for the content of communications on the Internet. The SERVICE provided by Borealis is “as is” and at your own risk. Borealis denies any responsibility for the accuracy of information obtained through the SERVICE. The transmission of data over an Internet connection is subject to errors, delays, and interruptions. Borealis is not responsible or liable for any errors, delays, or interruptions.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

Additionally, you shall be subject to any posted guidelines or rules applicable to the Service that Borealis provides. All such rules and guidelines are hereby incorporated by reference into the terms and conditions set forth below and form an agreement between the Service and you (the "Agreement"). This means that if you or anyone using the Service violates the terms and conditions, Borealis reserves the right to take appropriate action, including terminating your service with Borealis.

2. DESCRIPTION OF SERVICE

Borealis currently provides its subscribers with access to the Internet and certain facilities such as email, web services and news. Borealis reserves the right to deliver its Service over any available facility.

3. REGISTRATION OBLIGATIONS

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 Borealis has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Borealis has the right to suspend or terminate your service and refuse any and all current or future use of the Service.

4. 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.

5. PAYMENT TERMS

You must pay all applicable monthly fees and installation charges for the Service including applicable late fees or any other applicable fees. Monthly fees are due in the same month for which service is being provided. If payment is not received by the due date, late fees and/or collection charges may be assessed. Borealis reserves the right to disconnect the Service to subscribers with delinquent accounts.

6. CONTACT OR INQUIRIES

For any inquiries in connection with the terms and conditions of Service set forth herein, you may contact Borealis via e-mail at info@borealisbroadband.net or in writing to:

Borealis Broadband
907 E Dowling Rd, Suite 27
Anchorage AK
99518
7. PRIVACY POLICY

Registration and other information about you is subject to our Privacy Policy.

8. SPAM, Unsolicited Email

Borealis Broadband exercises a Zero Tolerance SPAM policy (the volume sending of unsolicited emails to promote a product, service or idea). Customers are specifically prohibited from sending SPAM emails from or through our systems. Any violation of this policy will result in the immediate termination of the service, with or without prior warning.

Should Borealis decide to warn a customer rather than terminating the service if the customer is in violation of this policy, such action will not remove or infringe the right of Borealis to terminate the service for future violations without notice.

Because general policies may not always account for every situation, Borealis reserves the right to make exceptions to this policy on a case-by-case basis. Any exceptions granted to this policy shall not remove or infringe the right of Borealis to administer this policy in the future.

9. ACCESS

It is the responsibility of the Customer to provide reasonable access to equipment owned by Borealis Broadband. The Customer will notify Borealis Broadband of any problems with their Internet connection and will also exercise reasonable care for any equipment owned by Borealis and deployed on the Customer premises. The Customer will maintain confidentiality of their password to maintain security of the system.

10. INSTALLATION & OWNERSHIP

The Subscriber authorizes Borealis or its contractor(s) or others authorized by Borealis to install the necessary wiring and Subscriber Unit (SU) required for wireless Internet SERVICE on the premises specified by Borealis at the time of installation. Standard installation includes the mounting of an antenna and/or a wireless transceiver on the outside of the house and/or building, the routing of up to 100 feet of cable by the most direct path to one computer and/or router on the Subscriber’s premises. We will make a best effort, at the time of installation, to configure your router, or computer, to work with our system; however, this is limited to configuration of one device. The connecting of multiple computers, routers, or other equipment at Subscribers premises may require additional costs in equipment and wiring. Fishing of walls and or crawl spaces is not included with standard installation. Any requests for custom installation work will require additional costs or charges by Borealis or its contractor(s). Borealis and any contractor(s) will not be liable for any alterations to Subscriber’s premises that result from the installation or removal of the SU and/or wiring including any holes in walls, cable wiring or antenna mounting brackets. Care will be used to make the installation reasonably appealing visually.

The equipment provided by Borealis to the customer premises remains property of Borealis Broadband. All equipment provided must be returned to Borealis within 5 days of the termination of service. Borealis reserves the right to upgrade, modify, repair or replace Borealis equipment located at Customer Site at any time, provided that any non-emergency site visits are during normal business hours or at mutually acceptable times.

Borealis is not responsible for maintaining or supporting any equipment owned by the Subscriber and is not liable for any damages to the Subscriber’s computer(s) or other equipment. The point of demarcation from our network to yours is the Ethernet cable provided from the power supply of our SU.

11. SUBSCRIBER MISCONDUCT; INDEMNITY

You understand that all information, data, text, software, music, sound, photographs, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Borealis, are entirely responsible for all Content you upload, post, email, transmit or otherwise make available via the Service. Borealis does not control the Content posted via its Service, and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Borealis be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind transmitted or otherwise made available via the Service.

You agree not to use the Service to:

  1. Distribute lists to be used via unsolicited electronic mail or other mass electronic mailings including but not limited to: mass-newsgroup postings, SPAM and unsolicited email sent from your server, or any other service on the Internet, which contains your domain name or any other domain name on our network;
  2. post, transmit or disseminate objectionable information, without limitation, constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, federal or international law, order or regulation;
  3. access any other person's computer, software, or data of any other person without the knowledge and consent of such person;
  4. service, alter, modify or tamper with the Service or permit any other person to do the same that is not authorized by Borealis ;
  5. restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the Service, including, without limitation, posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, Trojan horse or other harmful feature; or generating levels of traffic sufficient to impede others' ability to send or retrieve information.
  6. disrupt Borealis' network;
  7. resell the Service or otherwise charge others to use the Service (this clause does not apply to Premium Business Internet Service and
  8. use the Service in a way which is contrary to any other Borealis policy that may be posted by Borealis from time to time.

SERVICE SHARING: If at any time Borealis discovers that the Subscriber is sharing their SERVICE or has networked to others outside of the premises, without the express written consent of Borealis, SERVICE will be immediately terminated to the Subscriber with no refunds of any kind.

If a Subscriber operates a wireless network for household or business use, said network must be secured with at least WPA, WEP, or other effective method to restrict access from the general public. Unsecured, "open" networks are not only a potential cause of excessive bandwidth use, they are a security threat and an example of unauthorized sharing of the SERVICE.

Engaging in any of the activities listed above may result in immediate termination of this Agreement.

You acknowledge and agree that Borealis has the right to monitor Content electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or governmental request to operate the Service properly, or to protect itself or its Subscribers. Borealis reserves the right to refuse to post Content or to remove any Content that violates the terms and conditions of Service herein. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on that Content.

12. SUBSCRIBER INFORMATION
  1. Credit Inquiries. You authorize Borealis to make inquiries and to receive information about your credit history from others.

  2. Information Collection. You agree that Borealis may, from time to time, collect information concerning your use of the Service. Borealis will use such information solely to improve its service offering and will not share such information with other entities unless required to do so by law or court order.

13. CHANGES TO SERVICE & FAIR USAGE POLICY (FUP)

Should the Subscriber's service requirements or bandwidth usage exceed the limits or guidelines for the class of service purchased, then Borealis reserves the right to adjust the service plan and pricing accordingly, with prior notice to the Subscriber. Borealis may, at its discretion, immediately terminate or reduce SERVICE to the Subscriber upon any single or multiple incidents of the following conditions: 1. Failure to pay SERVICE fees in a timely manner; 2. Interfering with the, or disrupting of, Internet SERVICE to other Subscriber and/or their equipment on the Borealis wireless network; 3. Subscriber activities that consume unusually large amounts of bandwidth, including, but are not limited to, multiple computers on the same connection, programs or servers which provide SERVICES to others via the Subscribers SERVICE and some types of gaming software. When excessive consumption of bandwidth by a Subscriber prevents other Subscribers fair access to the Borealis wireless network, we reserve the right to take necessary steps to correct this problem. These steps include, but are not limited to, limiting bandwidth, disabling communication protocols, and discontinuing SERVICE without prior notice.

Example 1: If a Subscriber purchases a STANDARD service plan, which is subject to oversell, but then utilizes the bandwidth continuously, thereby eliminating the oversell capability, then Borealis reserves the right to change the Subscriber's service plan and pricing to the equivalent PREMIUM service. See the service plan descriptions for more details.

Example 2: If a Subscriber purchases a STANDARD service plan, but then resells the bandwidth to other individuals or businesses, then Borealis reserves the right to change the Subscriber's service plan and pricing to the equivalent PREMIUM service. See the service plan descriptions for more details.

In any case, the Subscriber will receive prior notification of any change in Subscriber's service plan. Subscriber will have the opportunity to either (1) correct the service plan violation or (2) approve the service plan change or (3) terminate this contract according to the TERMINATION, CANCELLATION AND/OR EXPIRATION OF SERVICE provision of this agreement.

14. TERMINATION, CANCELLATION AND/OR EXPIRATION OF SERVICE

A Subscriber wishing to cancel SERVICE must submit a written notice via email to accounting@borealisbroadband.net, requesting the SERVICE to be discontinued.

Borealis does not refund "set-up" or "installation" fees. If monthly fees are paid in advance, any refunds will be on a pro-rated basis (i.e. any discounted rates or SERVICE referral credits shall be forfeited on early cancellations). The CUSTOMER will continue to be liable under these TERMS AND CONDITIONS as well as any SERVICE AGREEMENT for all fees and charges until such time as any SERVICE AGREEMENT has been properly terminated.

Either party may terminate service with 30-days advanced notice to the other party unless one or more violations of any provision in this contract have occurred, in which case the termination guidelines in the corresponding provision(s) of this agreement will prevail along with the following:

  • If the Subscriber terminates this agreement before the scheduled termination date, then the Subscriber will be liable for 50% of the remaining payments from the actual termination date to the scheduled termination date of this agreement.

  • If Borealis terminates this agreement because of an uncorrected Subscriber violation of any of the provisions in this agreement, then the Subscriber will be liable for 50% of the remaining payments from the actual termination date to the scheduled termination date of this agreement.

  • If Borealis terminates this agreement while the Subscriber is in good standing and is not due to any violations in the provisions of this agreement, then the Subscriber is liable for none of the remaining balance of payments to the scheduled termination date of this agreement.

15. LIMITED WARRANTY

THE SERVICE IS PROVIDED BY BOREALIS "AS IS" WITHOUT WARRANTY OF ANY KIND. BOREALIS DOES NOT WARRANTY UNINTERRUPTED USE OF THE SERVICE. BOREALIS DOES NOT WARRANTY THAT ANY DATA OR ANY FILES SENT BY OR TO SUBSCRIBER WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR NON-INFRINGEMENT, 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.

16. 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. Borealis 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 Borealis 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. Borealis specifically disclaims any responsibility for the accuracy, quality and confidentiality of information obtained through the Service.

  1. Eavesdropping Borealis' 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 wired or wireless transmission facilities, but also on the Internet and other services to which access is provided by Borealis 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 Borealis 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.

  2. 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 Borealis 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.

17. LIMITATION OF LIABILITY

Unless otherwise specifically provided in this Agreement, neither Borealis 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, mis-deliveries, 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 17 apply to the acts, omissions, negligence and gross negligence of Borealis 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.

  5. e. Wireless Internet communications is dependent on a clear Line of Sight to an Access Point (AP) also known as a tower. Borealis will make every reasonable effort to provide our subscriber with the best SERVICE possible. Unfortunately, some locations could experience changes in SERVICE due to seasonal changes, example: parking a large vehicle in front of Subscriber Unit (SU), new buildings or trees, spring and summer foliage changes or winter snow loading, which affects the line of sight to the AP. Borealis will make every reasonable effort to relocate or realign the SU. However, Borealis cannot prevent Line of Sight problems, and therefore cannot guarantee SERVICE or be liable for any loss of SERVICE.

18. 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 access line. 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.

19. AMENDMENT

This agreement may not be changed orally, only in writing, by mutual agreement and consent of both parties. Any changes to this agreement will be added as an Appendix to this agreement. Any waiver of any term or condition stated herein shall not operate as a waiver of any such term or condition or as any continuing waiver, nor shall any failure to enforce any provision thereof operate as a waiver of such provision or any provision thereof.

20. NOTICES

Notices may be sent to you either via regular mail or email. Borealis may also provide notices of changes to this Agreement or other matters electronically by displaying notices or links to notices on the Service.

21. GOVERNING LAW

This Agreement shall be exclusively governed by, and construed in accordance with, the laws of the State of Alaska. You may not bring any claim, suit or proceeding more than one (1) year after the date the cause of action arose.

22. GENERAL

This agreement constitutes the entire agreement between Borealis Broadband and Subscriber with respect to the subject matter hereof. This agreement supersedes all prior-to contemporaneous communications, representations of agreements, whether oral or written, with respect to the subject matter hereof and has been induced by no representations, statements or agreements other than those herein expressed.