User Agreement

I. GCI’s Registered Member User Agreement

Welcome to GCI.com and our new portal service! We look forward to your involvement with our Sites and Services. Before you begin delving into the vast services and content available, please take a moment to review this User Agreement (the "Agreement"). This Agreement is an agreement between you (referred to hereinafter as "You", "Your," "Member," or "User") and General Communications, Inc. It is important that you understand both the benefits we provide, as well as our limitations.

This Agreement applies to the web sites owned by GCI (referred to hereinafter as either "GCI," or "General Communications, Inc.") including, but not limited to GCI.com and GCI.net. This agreement also applies to the various services offered, including but not limited to all hosted game services, web sites and any other services that may be added (collectively, the "Services").


1. Acceptance of Agreement

When you complete the member registration process, you agree to this Agreement. This Agreement may be updated from time to time. You can view these terms, conditions and notices (these "Terms) at any time at: http://www.gcimpg.com. Your continued use of our services signifies your binding acceptance of the changes. This Agreement will always be available on this page for you to read. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may cancel your Service.

Our Sites and Services provide you with opportunities to link to, or otherwise use, Sites and Services offered through our third-party service providers. Your use of these third-party services is subject to terms posted by these third-party service providers. We have no control over any third-party site or service and we are not responsible for any changes to any third-party service or for the contents thereof, including, without limitation, any links that may be contained in or accessible through such third-party service. These links are provided solely as a convenience to our visitors. Such third-party linked sites are not under General Communications, Inc. control and GCI is not responsible for and does not endorse their content. You will need to make your own independent judgment regarding your interaction with these third-party sites or services. Our inclusion of advertisements for, or links to, a third-party site or service does not constitute an endorsement. By opting into third-party offers, you will be subject to terms posted by these third-parties. Opting into these offers signifies your agreement to those additional terms of the respective third parties.

2. About Our Services

A). GCI’s Sites and Services. As a commitment to our users, we currently provide you with access to a rich collection of online resources. These include various tools, online forums, personalized content and branded programming through GCI and Services. Some Services offered by GCI are presently provided free of charge. It is possible that this could change in the future.

B). Service Limitations. We will do our best to make your experience with the GCI’s Sites and Services a pleasurable one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that GCI’s Sites and Services, including the services of our third-party service providers, are provided "AS IS." GCI’s Sites and Services and our third-party service providers cannot *censored*ume responsibility for the timeliness, deletion, miss-delivery or failure to store any user data, communications or personalization settings.

C). Service Changes and Discontinuation. GCI reserves the right to change or discontinue, temporarily or permanently, the Sites and Services at any time without notice. You agree that GCI will not be liable to you or any third party for any modification or discontinuance of these Sites and Services.

D). Privacy Policy. General Communications, Inc. respects your privacy and has developed a detailed Privacy Policy that is incorporated into this Agreement. Please take the time to read our Privacy Policy. By agreeing to this Agreement, you are also accepting the terms of our Privacy Policy.

3. User Guidelines

For the benefit of the entire GCI Portal user community, and to comply with applicable laws, we have a few mandatory guidelines. We hope you will find them reasonable. Please understand, though, that any conduct that is judged by GCI, in its sole and unfettered discretion, to violate the user guidelines is grounds for immediate termination of your account. For this reason, we ask that you carefully read and follow them.

A). Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself as requested in GCI’s Sites and Services registration forms. Accurate records help us create better sites and provide us with opportunities to identify new services or products that may interest you.

B). Guard Your P*censored*word. Upon completing the registration process, an account is created with a username and p*censored*word. You are responsible for maintaining the confidentiality of your p*censored*word and account, and you are fully responsible for all activities that occur under your p*censored*word or account. Notify GCI immediately of any unauthorized use of your p*censored*word or account or any other breach of security.

C). Obey the Law. You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, har*censored*ing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyrights (rights of an owner of written material) or other intellectual property rights of others.

D). Content Restrictions. GCI’s Sites and Services attempt to provide some of the very best content available on the web and make it available to you on the Web for your personal, non-commercial use. All Web site design, text, graphics, the selection and arrangement thereof, and all software that are part of GCI’s Sites and Services are protected by international copyright and Trademark laws. The publication, sale, or redistribution in any form or medium of text, photos, graphics, audio and/or video materials or any other form of proprietary content found on GCI’s Sites and Services is strictly prohibited without the prior written permission of General Communications, Inc.. Content that is publicly available on GCI’s sites and service may not be stored in a computer, except for personal and non-commercial use.

E). Limits on Uses of User Information. By using any GCI site or service, you agree not to copy, aggregate, redistribute, alter, reproduce or re-use for any purpose any user's (whether specific to any particular user or as an aggregation) information accessible through any web sites owned by General Communications, Inc., including but not limited to any Commercial Purpose. "Commercial purposes" can include but is not limited to selling information to third parties; using the data collected to customize users' experiences; using the data for targeted marketing campaigns; or using the data to offer services to GCI users. General Communications, Inc. reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above. You may not probe, scan or test the vulnerability of the sites or services, nor breach the security or authentication measures on the site or services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the site or services, including any GCI account not owned by you, to its source, or exploit the sites or services in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the sites or services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the sites or services. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the sites or services or with any other person's use of the sites or services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.


4. Rights You Grant to the GCI Sites

A). Distributing Content You Produce. Subject to GCI’s Privacy Policy, you are licensing to the GCI’s Sites and Services any "content" you provide through or to GCI’s Sites and Services. User submitted content includes but is not limited to: letters or emails; board posts; reader reviews; data, notes and testimonials; and poll votes. General Communications, Inc. Sites and Services may modify, display, distribute and create new material using such content on GCI’s Sites and Services for the promotion and marketing of our services and the operation of our system. By submitting content, you automatically agree, or promise that the owner of such content has expressly agreed that, without any particular time limit, and without the payment of any fees, GCI’s Sites and Services and anyone they permit may reproduce, display, distribute and create new works of authorship based on and including the content. You may not submit materials that have been trademarked or copyrighted by anyone other than yourself.

B). Account Access. In order to ensure that the GCI’s Sites and Services are able to provide high-quality services that are responsive to our members' needs, you agree that GCI employees have access to your account and records as reasonably needed to investigate complaints.

C). Merger or Acquisition. In order to ensure a smooth transition of services relative to your subscription, in the event of a merger, acquisition, reorganization, sale of all or substantially all of its *censored*ets, or the sale of an individual website owned by General Communications, Inc., GCI may transfer your Personally Identifiable Information and transition your existing accounts to a similar subscription product to a third party as a part of such merger, acquisition, reorganization, or sale.

5. Other Legal Information

A). Disclaimer of Warranties. You expressly understand and agree that:

Your use of the service is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. General Communications, Inc. and its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

General Communications, Inc. makes no warranty that (i) the services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, and (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.

Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from GCI’s Sites and Services, our third party service providers, or through or from the service will create any warranty not expressly stated in the Agreement.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

To the extent that any part of this section is not consistent with any other part of this Agreement, then this Disclaimer of Warranties will override it.

B). No Endorsement of User Content. You acknowledge and agree that GCI’s Sites and Services do not endorse the content of any user and are not responsible or liable for any content, even though it may be unlawful, har*censored*ing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that General Communications, Inc. and their designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the sites and service. User is defined as any person who visits GCI’s sites and receives information or uses GCI’s services.

C). Limitation of Liability. You agree that General Communications, Inc. will not be liable to you for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the GCI sites have been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the service; (ii) The cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of anyone on the service; or (v) Any other matter relating to the service. If, notwithstanding the other provisions of this Agreement, General Communications, Inc. is found to be liable to you for any damage or loss which arises out of our is any way connected to your use of the sites or services, General Communications, Inc. liability shall in no event exceed the greater of (i) the total of any subscription or similar fees with respect to any Service or feature of or on the Sites paid in the six months prior to the date of the initial claim made against General Communications, Inc., or (ii) US$100.00.

D). Indemnification. You agree to protect and fully compensate GCI’s Sites and Services and their service providers from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) arising from your use of the site or services, your violation of the Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

E). Copyright Infringement. GCI respects the intellectual property of others, and we ask our users to do the same. GCI may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property rights of others.

F) Additional Information. The General Communications, Inc. Sites and Services provide information of a general nature and are designed for informational and entertainment purposes only and are not meant to be a substitute for medical, health, legal, or financial advice from a professional. Consult with your professional for any specific medical, health, legal, or financial concern. The General Communications, Inc. Sites and Services do not endorse any of the treatments, medications, or products discussed herein.


II. Subscription Terms of Service

THIS SUBSCRIPTION AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("SUBSCRIBER", "YOU," "YOUR" OR "YOURSELF"), AS THE END USER, AND GENERAL COMMUNICATIONS, INC., ("OUR," "US," "WE," "GENERAL COMMUNICATIONS, INC" OR "GCI"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING GCI’S PREMIUM SERVICE (THE "SERVICE"). BY REGISTERING FOR THE SERVICE, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST DISCONTINUE THE REGISTRATION PROCESS.

1. Cancellation of Your Subscription

You may terminate your subscription at any time. You acknowledge that General Communications, Inc., in its sole discretion, may terminate your ID, p*censored*word, account (or any part thereof) or use of the service for any reason, including, without limitation, if GCI believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or any General Communications, Inc. User Agreements. GCI may also, in its sole discretion, at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that GCI may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that General Communications, Inc. shall not be liable to you or any third-party for any termination of your access to the Service.

2. Trial Memberships

GCI occasionally offers promotional trial memberships to its premium services at special discounted prices.

3. Subscriber Information

You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process. Once you subscribe to the Service, you will have an account and enter a p*censored*word. You are solely and entirely responsible for maintaining the confidentiality of your p*censored*word. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You must promptly inform GCI of any of the following: changes in the expiration date of any credit card used in connection with the service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or p*censored*word. Until GCI is notified of a breach in security, you will remain liable for any unauthorized use.

4. Access

You are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of premium services is through a combination of an ID and a p*censored*word. You must keep your p*censored*word strictly confidential. GCI will not release p*censored*words for any reason, except as may be specifically required by law or court order. Unauthorized access to the Service is a breach of this Agreement and a violation of law.

5. Warranty

No warranty is made by GCI regarding any information, services, or products provided through or in connection with premium services, and GCI hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services; any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

You hereby warrant and represent that you are in all respects qualified and competent to enter into this agreement.

6. Limitations of Liability

YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.

7. Use Restriction

The material on GCI’s Sites and Services is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited. You agree that you will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information from GCI’s sites or services, without express written permission from General Communications, Inc.. You agree that if you do so, General Communications, Inc. reserves the right to cancel your subscription immediately. Additionally, reuse of copyrighted information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.

8. Modifications

This Agreement may be modified from time to time without notice to you and changes are effective immediately upon posting on the sites or services. Your continued use of the service constitutes your binding acceptance of this Agreement, including any changes or modifications we may make. If any part of this Agreement or any future changes to this Agreement are not acceptable to you, your only recourse is to terminate this Agreement. We may change, suspend or discontinue all or any aspect of the Service at any time, including availability of any Service feature, database or content, without prior notice or liability.

9. Notices

Notices by GCI to subscribers may be given by means of electronic messages or by a general posting on the Sites or Services.

10. The Agreement

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.

11. Communities

When you register for the Community Boards, you agree to use the message boards and member pages only to post information and send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using a message board, you will not:

• Defame, abuse, har*censored*, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files, post or publish content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Advertise or offer to sell any goods or services for any commercial purpose.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.
• Restrict or inhibit any other user from using and enjoying the message boards.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Message Boards. General Communications, Inc. and its affiliates reserve the right to terminate your access to any or all of the Boards at any time without notice for any reason whatsoever.

Monitoring. GCI and its affiliates have no obligation to monitor the Boards or the content posted on any User Page. However, General Communications, Inc. and its affiliates reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GCI 's or any of its affiliates' sole discretion.

Usage. The Boards are a public forum and not private communications and others may read your communications without your knowledge. You should not have any expectation of privacy relative to your communications on the Boards. Always use caution when giving out any personally identifying information about yourself in any message board community. The information, content and pictures posted by you on the User Pages are done so at your own risk. General Communications, Inc. is not responsible for its theft, copying or placing of that content, image or information on other sites on the World Wide Web. GCI and its affiliates do not control or endorse the content, messages or information found in any community and, therefore, GCI and its affiliates specifically disclaim any liability with regard to the Boards and any actions resulting from your participation or the participation of others on any Board. Board hosts are not authorized spokespersons of General Communications, Inc. or any of its affiliates, and their views do not necessarily reflect those of GCI and its affiliates. They do, however, set standards on their own forums.

By posting messages or personal information, uploading files, inputting data, or engaging in any other form of communication through GCI, its Boards, you are granting GCI and its affiliates permission to: use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, create derivative works from, or transfer.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

12. Downloads

Any material or third party software downloaded through or for the use of the Services is done at your own discretion and risk, and General Communications, Inc. will not be responsible in any way for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the GCI Sites and Services or our third party service providers will create any warranty not expressly stated. General Communications, Inc. makes no representation or warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) any third party provided software, drivers, mods, or other materials are non-infringing, accurate or reliable (iv) the results that may be obtained from the use of the Services will be accurate or reliable, (v) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (vi) any errors in GCI’s or third party software will be corrected.