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Legal

You are entitled under federal law to know the following:

• In order that we may continue to provide reliable, high quality service to you, we keep regular business records that contain your name, address, and other personally identifiable information. Such records include billing, payment, deposit records, and records indicating the number of sets you have connect to cable, and the service options you have chosen. We use this information to make sure that you are being properly billed for the services you receive
• We consider information we keep to be confidential. We may collect personally identifiable information from you and may disclose it to a third party if (a) you consent in advance in writing or electronically; (b) disclosure is necessary to render cable service and other services we may provide to you and related business activities; or (c) disclosure is required pursuant to a court order and you are notified of such order. (For example, we may without your consent disclose your name and address to a collection service is required to collect past due bills.)
• The contest may use your emailing address for inter-company promotional purposes and/or email address for future company newsletter.
• Unless you object, we may disclose your name and address for mailing lists and other purposes. We will not disclose the extent of your viewing or use of a particular service or the nature of any transaction you may make over the cable system, but we may disclose that you are among those who subscriber to a particular service. If you wish to remove your name from such lists or limit the use of your name at any time, please contact us at the systems main business office.
• We may also electronically test the system from time to time to determine whether you are being properly billed for the cable services you are receiving.
• We will maintain information about you for as long as we provide service to you, and for a longer time if necessary for related business activities. When information is no longer necessary for our purposes, we will destroy the information unless there is a legitimate request or order to inspect the information still outstanding.
• You have the right to inspect the records that contain information about you, correct any error in our information, and enforce your rights under federal law. If you wish to inspect the records at our systems main business office pertaining to you, please contact us to set up an appointment during our regular business hours at the address listed on the Contact Page.
• If you wish to inspect our records or have any questions, please contact us at our business office.

Inter Mountain Cable / Mikrotec CATV Disclosure of Broadband Internet Access Service Network Management Practices, Performance and Commercial Terms

Introductory Note

This disclosure applies solely to the broadband services offered by Inter Mountain Cable (IMCTV) / Mikrotec CATV on a standardized basis to residential customers, small businesses and other end-user customers. This disclosure does not apply to any other broadband service (e.g., specialized or enterprise services) or to any dial-up Internet access service. IMCTV / Mikrotec CATV may revise this disclosure from time to time without notice by posting a new version of this disclosure here.

Accordingly, users of Inter Mountain Cable / Mikrotec CATV Internet access services should consult this document regularly to ensure that they remain aware of changes to the practices described in this disclosure. In the event of a conflict between any subscriber agreement or the Acceptable Use Policy and this disclosure, the terms of the subscriber agreement or Acceptable Use Policy shall govern. This disclosure does not create enforceable rights in the subscriber or any third party edge provider.

Introduction to Our Broadband Services

Inter Mountain Cable / Mikrotec CATV operates a robust and modern hybrid fiber cable (HFC) network, which spans portions of Eastern Kentucky, Southern West Virginia and Western Virginia. IMC provides a variety of services over this HFC network including Voice, Video and Broadband Internet Access. Inter Mountain Cable / Mikrotec CATV contracts with Mikrotec Internet and the East Kentucky Network for access to the outside world via redundant fiber optic rings, then peering with major Internet providers in Lexington, KY.

Core Network Overview

IMC utilizes a 10Gig core network to transport all broadband services to the rest of the world. No prioritization or discrimination of forwarding traffic is performed, either within a service type or between service categories.

Distribution Network Overview

Inter Mountain Cable / Mikrotec CATV utilizes 1 Gig distribution switches to transport broadband services. No prioritization or discrimination of forwarding traffic is performed, either within a service type or between service categories.

Access Network Overview

Inter Mountain Cable / Mikrotec CATV operates an access network with 2 service types, Voice and Broadband Internet.

• This access network supports DOCSIS 3.0 and DOCSIS 3.1 cable deployments as well as traditional video components.
• Video is radio frequency (RF) based and does not interact with Broadband or Voice.
• Voice traffic (if subscribed to) is prioritized over Broadband Internet Access in the last mile.
• Available bandwidth packages range from 256Kbit to 750Mbit download speeds.

Network Edge Overview

Currently Inter Mountain Cable / Mikrotec CATV contracts with Mikrotec Internet Services (MIS) and the East Kentucky Network (EKN) to fulfill its edge network requirements:

• EKN provides a 10 G redundant fiber optic loop from our Harold location to EKN’s facility in Winchester KY.
• MIS provides a 10 G redundant fiber optic loop from EKN’s Winchester facility to MIS’s Lexington facility.

General Network Principals

Inter Mountain Cable / Mikrotec CATV, as much as reasonably possible, designs and operates its network based on the following guiding principals:

• The access network is directly facing the customer. The last mile loop is a shared resource to a specific geographic location of customers. Because of last mile technology constraints, it has the highest potential for congestion. As such we implement traffic prioritization on the subscribers DOCSIS connection which insures:
Voice service is prioritized first.
Broadband Internet service is prioritized second.
• Subject to congestion, we endeavor to provision subscriber broadband Internet packages with additional capacity to cover protocol overhead.
• Maintaining the security of the network is a top priority and, to this end, we implement commonly accepted security best practices subject to cost and technical considerations.

Network Practices

Congestion Management Practices

• While Inter Mountain Cable / Mikrotec CATV does not currently utilize any form of congestion management (other than giving voice traffic priority over Internet access), Inter Mountain Cable / Mikrotec CATV may in the future use various tools and techniques to manage its network, deliver its service, and ensure compliance with the Acceptable Use Policy available at http://imctv.com/legal and the Terms of Agreement available at http://imctv.com/legal. These tools and techniques may be dynamic, like the network and its usage, and may change frequently. For example, these network management activities may include identifying spam and preventing its delivery to customer email accounts, detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content and using other tools and techniques that Inter Mountain Cable / Mikrotec CATV may implement in order to meet its goal of delivering a high quality broadband Internet experience to its customers.

Non-Discrimination Practices

• Inter Mountain Cable / Mikrotec CATV does not currently have any policy in place that would prefer one type of Broadband Internet traffic, protocol, provider, service, application or site over another (other than giving voice traffic priority over Internet access). Subject to the AUP and the security practices listed below, the customer is free to choose any device type, protocol, service, provider, application, etc., without experiencing any type of service degradation or slow down. Inter Mountain Cable reserves the right (but does not undertake the responsibility) to block or degrade content, applications and services that are unlawful, that may violate the rights of third parties (e.g., copyright infringement) or that may pose a harm to our network or other customers.

Device Attachment Rules

• Inter Mountain Cable / Mikrotec CATV operates with a strict company owned modems only policy and does not allow attachment of unapproved devices to it’s network. However, in the interest of customer service, Inter Mountain Cable does provide a device free of charge to each of it’s customers.
• Inter Mountain Cable / Mikrotec CATV does not restrict what types of devices are eligible to connect to our network, however we can only provide direct end user support for devices for which we are familiar. In addition all attached devices must be capable of making a valid access request (DHCP). At each cable modem we provide a single ethernet port or USB port for Broadband Internet and if a customer wishes to use multiple devices, the customer will need to provide their own router, which will provide NAT. For residential service, each cable modem customer is dynamically assigned a single public IPv4 address. For commercial service, multiple IPs are available if needed. Inter Mountain Cable / Mikrotec CATV reserves the right (but does not undertake the responsibility) to prohibit devices that may pose a harm to our network or other customers.

Security Practices

• In an effort to maintain the security of the Inter Mountain Cable / Mikrotec CATV network and our subscribers as well as to abide by good Internet Citizenship,Inter Mountain Cable / Mikrotec CATV utilizes the following listed security practices, which affect forwarded traffic delivered to our subscribers. In addition to this list, Inter Mountain Cable / CATV utilizes multiple other mechanisms to promote the Confidentiality, Integrity and Availability of the Inter Mountain Cable / Mikrotec CATV network; however, only those having a direct bearing on customer forwarded traffic are listed here.

Access Network

• In order to assist in the world wide fight against unsolicited commercial email (SPAM), commonly accepted network practices dictate that ISP’s block outbound traffic destined for the SMTP service (port 25). This doesn’t preclude a customer from being able to run a mail server at their site, but does require a simple change to the normal configuration, i.e. using our mail server as a smart relay host.
• Only traffic destined for a valid IP/mac address pairing is terminated to a subscriber; broadcast flooded traffic is not delivered to the end user.
• An end subscriber that sustains more than 5 pps of ARP request for a 15 second period is automatically shutdown for 30 seconds. After the 30-second blacklist period the port is automatically re-enabled and the counters reset.
• An end subscriber that sustains more than 5 pps of DHCP traffic on the Broadband Internet service for a 15 second period is automatically shutdown for 30 seconds. After the 30-second blacklist period the port is automatically re-enabled and the counters reset.
• DHCP broadcast requests destined to UDP port 67 (attempting to connect to a DHCP server) are not permitted to terminate to a subscriber end point.
• Traffic entering our access network sourced from RFC1918 address space is denied.
• In the event of malicious activity, Inter Mountain Cable / Mikrotec CATV may implement a temporary block at the network level restricting traffic, which may be harmful to the network as a whole. If such activity is necessary, the affected customer(s) would be contacted and worked with to remove the underlying threat.
• Inter Mountain Cable / Mikrotec CATV collects performance characteristics in the aggregate at this level (link level utilization), which allows us to proactively plan in advance proper network scaling.
• If needed, when working with a subscriber to troubleshoot a problem, properly trained staff within Inter Mountain Cable / Mikrotec CATV may perform real time traffic analysis of subscriber traffic.

Distribution Network

• In the event of malicious activity, Inter Mountain Cable / Mikrotec CATV may implement a temporary block at this network level restricting traffic, which may be harmful to the network as a whole. If such activity is necessary, the affected customer(s) would be contacted and worked with in an effort to remove the underlying threat.
• Inter Mountain Cable / Mikrotec CATV collects performance characteristics in the aggregate at this level (link level utilization), which allows us to proactively plan in advance proper network scaling.
• If needed, when working with a subscriber to troubleshoot a problem, properly trained staff within Inter Mountain Cable / Mikrotec CATV may perform real time traffic analysis of subscriber traffic.

Core Network

• In the event of malicious activity, Inter Mountain Cable / Mikrotec CATV may implement a temporary block at this network level restricting traffic, which may be harmful to the network as a whole. If such activity is necessary, the affected customer(s) would be contacted and worked with to remove the underlying threat.
• Inter Mountain Cable / Mikrotec CATV collects performance characteristics in the aggregate at this level (link level utilization), which allows us to proactively plan in advance proper network scaling.
• If needed, when working with a subscriber to troubleshoot a problem, properly trained staff within Inter Mountain Cable / Mikrotec CATV may perform real time traffic analysis of subscriber traffic.

Edge Network

• In the event of malicious activity, Inter Mountain Cable / Mikrotec CATV may implement a temporary block at this network level restricting traffic, which may be harmful to the network as a whole. If such activity is necessary, the affected customer(s) would be contacted and worked with to remove the underlying threat.
• Inter Mountain Cable / Mikrotec CATV collects performance characteristics in the aggregate at this level (link level utilization), which allows us to proactively plan in advance proper network scaling.
• Inter Mountain Cable / Mikrotec CATV collects netflow data on all external traffic flows to better understand network attacks.
• If needed, when working with a subscriber to troubleshoot a problem, properly trained staff within Inter Mountain Cable / Mikrotec CATV may perform real time traffic analysis of subscriber traffic.
• Traffic entering our network edge from the external side, sourced from an IP address within one of our network ranges is denied.
• Traffic traversing our network edge sourced from RFC1918 address space is denied.
• Traffic traversing our network edge sourced from loopback, link local or ‘this’ address (as defined in RFC 3330) is denied.

Performance Characteristics – Service Description

• Inter Mountain Cable / Mikrotec CATV provides a DOCSIS 2.0 based cable modem service. Data rates are available from 256k to 6Mbps depending on service needs. Our cable modem service is based on a “best effort” technology. That means that all advertised speeds are an “up to” rating and not a committed information rate.
• The “actual” speed that a customer will experience while using the Internet depends upon a variety of conditions, many of which are beyond the control of an ISP such as Inter Mountain Cable / Mikrotec CATV. These conditions include:

  1. Performance of a customer’s computer, including its age, processing capability, its operating system, the number of applications running simultaneously, and the presence of any adware and viruses.
  2. Type of connection between a customer’s computer and modem. For example, wireless connections may be slower than direct connections into a router or modem. Wireless connections also may be subject to greater fluctuations, interference and congestion. IMC does not recommend wireless modem connections for use with its higher speed tiers as many wireless connections do not perform at the speeds delivered by these tiers.
  3. The distance packets travel (round trip time of packets) between a customer’s computer and its final destination on the Internet, including the number and quality of the networks of various operators in the transmission path. The Internet is a “network of networks.” A customer’s connection may traverse the networks of multiple providers before reaching its destination, and the limitations of those networks will most likely affect the overall speed of that Internet connection.
  4. Congestion or high usage levels at the website or destination limit speed. If a large number of visitors are accessing a site or particular destination at the same time, your connection will be affected if the site or destination does not have sufficient capacity to serve all of the visitors efficiently.
  5. Gating of speeds or access by the website or destination limit speed. In order to control traffic or performance, many websites limit the speeds at which a visitor can download from their site. Those limitations will carry through to a customer’s connection.

For these reasons, Inter Mountain Cable / Mikrotec CATV, like all other ISPs, advertises speeds as “up to” a particular level, and does not guarantee them.

• The customer premises is supplied either one 10/100 meg ethernet port or one USB port.

• Data obtained from our sampling of a hosted speedtest.net server has shown that our average performance speeds for the period from 08/01/2011 through 11/11/2011, including all customer locations and packages, were as follows (peak time is from 7:00pm until 11:00pm):

o   Overall Download 2.78Mbps

o   Overall Upload 482Kbps

o   Overall Latency 64ms

o   Peak Download 2.64Mbps

o   Peak Upload 364Kbps

o   Peak Latency 99ms

• Inter Mountain Cable / Mikrotec CATV does prioritize voice traffic on each individual account (i.e. your voice traffic will take priority over your data traffic).
Impact of Specialized Services

• Inter Mountain Cable / Mikrotec CATV does not currently offer any specialized network services that would negatively impact the last mile capacity or the performance of broadband internet access service.
Terms and Conditions of Service Pricing

• In order to continually maintain current pricing in this area, we have chosen to provide a link to our most current pricing and promotions. Please see http://www.imctv.com/internet/internet_pricing.html for complete pricing information.
Privacy Policies

• Inter Mountain Cable / Mikrotec CATV reserves the right to inspect and analyze network traffic to assist in troubleshooting or service recovery, to evaluate our services, to provide our services and to detect unauthorized activity. Aggregate and specific analysis information may be shared with third parties to assist in said troubleshooting, service recovery, evaluation, provision or detection, however no personally identifiable information would be included except to the extent authorized by the customer, required by law or regulation, allowed by the privacy provisions of the AUP, allowed by our privacy statement available at http://www.imctv.com/legal/ or allowed by 47 USC 551. All subscribers are required to abide by our Terms of Agreement (TOA) available at http://www.imctv.com/legal/ . In the event of a conflict between the Network Management Practices described in this document and the TOA or the AUP, the terms of the TOA or AUP shall govern. Section 1 of the AUP contains additional privacy policies.

Redress Options

End User / Customer:

• All service concerns should initially be addressed to the billing office at 800.635.7052. Our customer support staff will take ownership of the issue and work with internal resources to resolve any problems.

Edge Provider:

• All complaints should be addressed to abuse@imctv.com. Customers found to be acting in violation of the AUP will receive two warnings and service may be disrupted or discontinued upon the third complaint.

• Customer information will only be released upon receipt of a bona fide subpoena or other legal requirement.

For Immediate Closed Captioning concerns Contact:

Phone: 1.800.635.7052
Email: Support@imctv.com
Fax: 606.479.6344

In the event you wish to report a technical problem with the closed captioning accompanying any program you have finished watching, you can file a written description of the problem to:

Joella Newsome
Fax: 606.478.8924
Address: PO Box 159 Harold, Ky 41635
Email: Joella@Mikrotec.com

2nd Contact:

James Campbell
Fax: 606.478.8944
Address: PO Box 159 Harold, Ky 41635
Email: JCamp@Gearheart.com

REFUND POLICY

Any adjustment and/or refunds shall determined by Inter Mountain Cable / Mikrotec CATV on a case by case basis. You can contact our Inter Mountain Cable / Mikrotec CATV office by dialing: 1.606.478.9406 or email us.

CABLE MODEM OWNERSHIP/LEASE USE: The CM, if leased, shall always remain in the sole and exclusive property of LESSOR even if attached to real property.  CUSTOMER shall have no rights in the CM except for a right of use for reception of the SERVICE at the PREMISES of the CUSTOMER, herein and after referred to as PREMISES.  LESSOR’S ownership of the CM may be displayed by notice contained on the SYSTEM.  In no event shall CUSTOMER remove, alter or obliterate any such notice.  CUSTOMER shall not remove the CM from the PREMISES, give possession or control of the CM to any other party, …., sell or mortgage the CM in any manner.

For purposes of this AGREEMENT, the CM shall be valued at $50.00 or the area retail market price at the time of installation.  The Parties hereby mutually agree that the CUSTOMER shall be liable for this amount in the event the CM, if leased, is not returned by the CUSTOMER or if the CM becomes damaged through negligence or abuse by CUSTOMER, as liquidated damages for the cost of the CM.  All maintenance and repair of the CM shall be performed by LESSOR, if such required service is the fault of CUSTOMER, the Parties mutually agree that CUSTOMER shall pay for the cost thereof, including a service fee.  CUSTOMER shall not attach any electrical or other devices to the SYSTEM without prior written consent of LESSOR.  During the term of this AGREEMENT, LESSOR shall have the right, upon reasonable prior notice, to enter the PREMISES for an inspection of the CM.

  1. CUSTOMER shall make no modifications or alterations to the CM without the prior written consent of LESSOR.  CUSTOMER hereby acknowledges that any modifications or alteration of the CM to permit the unauthorized reception of the programming is a violation of Federal and State Law and/or may subject CUSTOMER TO CIVIL AND/OR CRIMINAL PROSECUTION.
  2. CUSTOMER shall notify LESSOR promptly of any defect in, or damage or accident to, the CM.  LESSOR’S sole and exclusive liability for any defective item of CM shall be replacement of such item.

LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILTIY OR FITNESS FOR A PARTICULAR PURPOSE

  1. LESSOR shall have the right to make such filings as are necessary to evidence LESSOR’S ownership rights in the CUSTOMER agrees to execute all documents as are necessary for such filings.
  2. PREMISES: CUSTOMER represents and warrants to LESSOR that the PREMISES is legally in the control and dominion of the CUSTOMER, and that he/she/it is the owner of record of the PREMISES or, if CUSTOMER is a tenant of the PREMISES, that she/he/it has obtained the written consent of the owner of record of the PREMISES to the transactions contemplated by this AGREEMENT in accordance with its terms.  CUSTOMER shall provide LESSOR with proof of such ownership or consent in a form satisfactory to LESSOR upon request.
  3. INSTALLATION OF THE CABLE MODEM SYSTEM: CUSTOMER shall install or arrange for the installation of the SYSTEM on the PREMISES, in accordance with LESSOR’S construction and services specifications, within a reasonable time after this AGREEMENT has been accepted by LESSOR.  LESSOR shall not be responsible for any damage to the PREMISES arising from the installations of the CM, including, but not limited to, the burial of underground service cables, except in cases of negligence or improper workmanship, and then only to the extent of the actual damages thereof.  CUSTOMER hereby grants LESSOR an easement in gross covering the routing necessary for installation, operation, and removal of the CM on, across, though, and in the PREMISES at no cost or charge to LESSOR.  CUSTOMER shall be responsible for any necessary permits, licenses or other authorization required for installation of the CM.  Any reinstallation or change in the location of the CM shall be at CUSTOMER’S expense.  CUSTOMER, or an appointed representative over the age of eighteen, must sign the AGREEMENT as well as any SERVICE AGREEMENT.
  4. RELEASE AND LIMITATION LIABILITY: CUSTOMER hereby releases and holds harmless LESSOR and each of their employees, agents, or representatives, officials, and partners, and all other related persons from all claims, demands, causes of action, or suits of any nature or kind, and hereby assumes all risks of damages in any way related to the use or operation of the CM or the SERVICE.
  5. (a) LESSOR shall have no liability for any interruptions of the CM, which results from causes beyond the reasonable control of the LESSOR.
  6. (b) In no event shall LESSOR be liable for any incidental, consequential, punitive or special damages for any claim arising from this agreement or the performance of lessor hereunder.
  7. INSURANCE: CUSTOMER shall keep the CM insured against all loss or damage, from any cause, whatsoever.  The Insurance shall be in the form and amount satisfactory to lessor.
  8. TAXES: During the term, CUSTOMER shall pay all taxes, charges or assessments imposed by a federal, state, or local governments arising from the use of the CM or the providing of the SERVICE, other than federal, state, or local income taxes of LESSOR.
  9. ASSIGNMENT: LESSOR shall have the right to assign this AGREEMENT and to delegate all or any part of its rights, duties, and obligations hereunder, to any third party.  Neither this AGREEMENT, nor any interest-herein, may be assigned by CUSTOMER without first obtaining the written consent of LESSOR.
  10. TERMINATION: This LEASE cannot be cancelled or terminated, except as expressly provided, herein, CUSTOMER hereby agrees that their obligation to pay all charges for service and perform all other obligation hereunder shall be absolute, irrevocable, unconditional and independent and shall be paid and performed without the abatement, deduction or offset of any kind or nature whatsoever.  To the extent permitted by applicable law, CUSTOMER also hereby waives any rights now of hereafter conferred by stature or otherwise which may require LESSOR to sell, lease, or otherwise use any CM in mitigation of LESSOR’S damages as set forth in this LEASE or which may otherwise limit or modify any of LESSOR’S rights or remedies under this LEASE.  Any action the CUSTOMER has against LESSOR for any default by LESSOR under this LEASE, including breach of warranty or indemnity, must be commenced within one fourteen months after any such cause of action allegedly occurs or is claimed to have occurred (1) If CUSTOMER (I) fails to make any payment when due hereunder, (ii) fails to fulfill or perform any of the promises, covenants, or agreements set forth herein, (iii) breaches any of the representations or warranties set forth herein, or (iv) files or has filed against it a petition in bankruptcy or makes an assignment for the benefit of creditors, then upon the occurrence of any such event, LESSOR shall have the right, at its option, to terminate the delivery of the SERVICES and to remove and take possession of the CM. (c) Within seventy-two (72) hours of any termination of the AGREEMENT, CUSTOMER shall promptly return the CM to LESSOR in the same condition as at the time of its installation, normal wear and tear excepted.  In the event CUSTOMER fails to return the CM within said period, LESSOR shall have the right to enter the PREMISES and take possession of and remove the CM within thirty (30) days of the date of termination.  In connection with such removal of the CM, LESSOR shall have no obligation to remove any wires, cables, or outlets constituting a part of the CM, LESSOR shall have no obligation to repair or restore property damaged by such removal, if any.

IN ANY EVENT, THE PARTIES HERETO MUTUALLY AGREE THAT IF CABLE SERVICE IS TERMINATED FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO CUSTOMER’S FAILURE TO PAY ITS/HER/HIS ACCOUNT WITH IMCTV_CATV. UPON SUCH CANCELLATION, AND WITHOUT PRIOR NOTICE, THE CABLE MODEM HEREIN REFERRED TO IN SCHEDULE A IS TO BE RETURNED TO LESSOR, OR ITS DESIGNEE OR ASSIGN, IMMEDIATELY BY CUSTOMER, AT ITS/HER/HIS EXPENSE; BUT IN ANY CASE, WITHIN 72 HOURS OF SUCH TERMINATION OF SERVICES FOR CABLE OR CABLE MODEM SERVICES, THE CM, IF LEASED, SHALL BE RETURNED.

  1. COST AND ATTORNEY FEES:  The CUSTOMER agrees to pay reasonable costs and attorney’s fees arising out of any course of action to collect any monies due by the CUSTOMER or to repossess the CM, if leased, because of a breach of this AGREEMENT.
  2. NOTICES: ALL notices required or desired to be given under this AGREEMENT shall be delivered in person or mailed, postage prepaid, to the CUSTOMER at the PREMISES, or such other place as is designated in writing by CUSTOMER, and to LESSOR at headdress specified in this AGREEMENT or at such other address as LESSOR may designate.
  3. WAIVER: The waiver by either Party of the breach of any provision hereof shall not operate or be construed as a waiver of any other provision or the same provision at another time.
  4. SEVERABILITY: If any one or more of the clauses, covenants or provisions of this AGREEMENT should be held to be invalid or unenforceable for any reason, such invalidity or shall not affect the remainder of the AGREEMENT, which shall remain in full force in effect in accordance with its terms.
  5. MISCELLANEOUS:
  6. This AGREEMENT shall be interrupted, construed, and enforced in accordance with the laws of the Commonwealth of Kentucky.
  7. The provisions of this AGREEMENT shall not be changed, amended or supplemented, except by an AGREEMENT in writing signed by LESSOR and CUSTOMER
  8. This AGREEMENT constitutes the entire AGREEMENT between the Parties and supersedes all previous agreements or understandings between them with respect to the subject matter hereof.
  9. AMENDMENTS TO SCHEDULE: In the event it is necessary to amend the terms of Schedule A to reflect a change in one or more of the following conditions:
  10. CUSTOMER’S actual cost of procuring the CM or
  11. LESSOR’S actual cost of providing CM to the CUSTOMER; or
  12. A change in lease payments because of (a) and/or (1) above; or
  13. Description of the leased CM, CUSTOMER agrees that such amendment shall be described in a letter from LESSOR to the CUSTOMER, and unless the CUSTOMER objects thereto in a writing delivered to LESSOR within fifteen (15) days of the mailing such letter from LESSOR to the CUSTOMER, Schedule A shall be deemed amended and such amendment(s) shall be incorporated herein.
  14. MINIMUM PROGRAMMING REQUIREMENT: CUSTOMER agrees to pay the monthly lease fee which at this time is $8.00 per month, plus desired services packages selected. Failure by CUSTOMER to do so constitutes a breach of this AGREEMENT.
  15. AVAILABILITY OF CABLE MODEM: The Parties mutually agree that this AGREEMENT is conditioned upon the availability of the CM or any part hereof to the LESSOR.
  16. CREDIT VERIFICATION: CUSTOMER hereby grants to LESSOR the right to make a thorough investigation of CUSTOMER’S CREDIT HISTORY and releases from all liability all persons, companies, schools, and corporations supplying such information.  CUSTOMER does indemnify LESSOR against any liability, which might result from making such investigation.  CUSTOMER agrees that LESSOR may obtain a consumer report of other information regarding them and may consult its own files for the credit report.  CUSTOMER understands that any false answers or statements or implications made by them in this application or other required documents shall be considered sufficient cause for denial of service.
  17. CUSTOMER’S WARRANTY OF UNDERSTANDING:CUSTOMER represents and warrants that it/she/her has read the entire AGREEMENT and fully understands the same.

Subscribers to IMCTV_CATV cable modem service access the internet through Mikrotec Internet Service.  Users that access the Internet through Mikrotec services must comply not only with Mikrotec’s AUP as well as the AUPs of the Network Service Providers whose networks they access.  To view a copy of Mikrotec’ s AUP go to www.mikrotec.com.

This plan insures the DHCT(s) (set-top box or boxes) equipment against loss or damage. ALL DHCT EQUIPMENT IS THE PROPERTY OF INTERMOUNTAIN CABLE INCORPORATED. IT IS THE CUSTOMER’S RESPONSIBILITY TO INSURE THE EQUIPMENT FOR LOSS OR DAMAGE. Failure of the equipment under normal wear and tear is not an insurable incident and is not covered under this insurance plan. Equipment failure due to normal wear and tear will be repaired or replaced at the cost of Inter Mountain Cable, Inc. (IMC).

  1. DAMAGE TO THE DHCT UNIT: Customer will bring the DHCT unit to the offices of IMC. IMC will determine the cause of damage to the DHCT unit. If the damage is due to neglect or misuse, IMC will notify the Customer that the damage is an insurable incident. If a failure is due to normal wear and tear, IMC will repair or replace the equipment.
  2. LOSS: The loss of a DHCT unit due to theft, fire or any other circumstance that causes the customer to lose control of the equipment is an insurable incident.
  3. DEDUCTIBLE: If IMC determines that an insurable incident has occurred, the customer is responsible for paying a deductible for the claim. The amount of the deductible is $100.00 per incident for each insured DHCT unit.
  4. CLAIMS: Up to three (3) claims may be made in a twelve (12) month period. Each insurable DHCT claim is subject to a $100.00 deductible. Customer’s account must be paid in full prior to receiving a new or repaired unit from IMC.
  5. NOTIFICATION: You agree to notify IMC of any loss or damage to a DHCT unit as soon as you are aware of such loss or damage.
  6. ACTIVATION: Customer must have paid for the DHCT Protection Plan for two consecutive months prior to being covered under this plan.
  7. CANCELLATION: IMC reserves the right to cancel the DHCT Protection Plan in cases of fraud, non-payment or an excessive number of claims.

Inter Mountain Cable / Mikrotec CATV Rules and Regulations and Acceptable Use Policy

By using the services and resources owned by Inter Mountain Cable / Mikrotec CATVs, you agree to abide by the following Rules, Regulations and policy (“AUP” for short). For this AUP, the Customer shall sometimes be referred to as [User(s)]. Although a great majority of these provisions have the dial-up client in mind, the general provisions are equally applicable to our Web Development and dedicated access clients.

The Internet is a far-reaching communications medium. The Internet can be used to communicate with colleagues, to research demographics, and to transmit business communications, but the Internet and the Inter Mountain Cable / Mikrotec CATV computers you use to connect to it are shared with thousands of other users. Therefore, Microtel Internet Services has constructed and implemented this AUP to provide a better understanding of how to use this service. This document also details your rights and responsibilities as an Inter Mountain Cable / Mikrotec CAT subscriber.

Privacy

  1. We will not release any of your personal information to other people or agencies unless we receive a signed consent form from you, except under subpoena by a court of competent jurisdiction.
  2. With certain exceptions, you can choose any username for your account on Inter Mountain Cable / Mikrotec CATV if there are no duplicates in the username list and it is not considered obscene. We do have a couple of additional practical restrictions in place. The first restriction is that the username begins with an alpha character. The second restriction is that we cannot accept your first name or last name only as your username; this restriction is becoming more important as the Inter Mountain Cable / Mikrotec CATV user base grows, and the chance for duplicate usernames grows with it. Finally, the username is subject to a technical limitation of our current accounting system; therefore, usernames are restricted to a maximum of 8 characters. The username will always appear in your news group postings and when you forward electronic mail. The username is your login authorization.
  3. Inter Mountain Cable / Mikrotec CATV retains the right to reserve certain usernames for internal use.
  4. Although you may want to use a made-up username for your Inter Mountain Cable / Mikrotec CATV account, your full legal or entity (company) name must be used when you sign up with Inter Mountain Cable / Mikrotec CATVs.

Account Suspension and Cancellation

  1. Inter Mountain Cable / Mikrotec CATV subscribers have the right to cancel their accounts in accordance with the Dial-Up Internet Service Agreement, or other similar applicable agreement with Inter Mountain Cable / Mikrotec CATVs. Cancellations take effect at the times specified in such agreements. If you wish to cancel your Inter Mountain Cable / Mikrotec CATV account, you must send notice to Inter Mountain Cable / Mikrotec CATV at, or in writing by mail to Inter Mountain Cable / Mikrotec CATVs, ATTN: Billing, PO Box 750, Harold Ky., 41635.
  2. As described in such agreements, Inter Mountain Cable / Mikrotec CATV reserves the right to suspend or cancel your account without notice, for non-payment or for violation of the provisions of this AUP.
  3. Whether you cancel your service, or we cancel your service for cause, your service fees are not prorated within the current month. Refunds for unused service are governed by such agreements. You have 60 days to contact us with questions or concerns about your bill. Setup fees are nonrefundable in any case.
  4. Customers receiving DSL/Cable Modem service from Inter Mountain Cable / Mikrotec CATV must pay all fees owed for their service(s) by their payment due date located on their monthly Inter Mountain Cable / Mikrotec CATV statement. Any amount(s) disputed by the customer from their monthly statement(s) must be made aware to our accounting department (1-800-635-7052) prior to payment due date. Failure to pay the balance owed to Inter Mountain Cable / Mikrotec CATV by the DSL/Cable customer’s payment due date may result in Inter Mountain Cable / Mikrotec CATV disconnecting the customer’s DSL/Cable service from the telco. If Inter Mountain Cable / Mikrotec CATV disconnects the customer’s DSL/Cable service(s) from the telco and customer wants their DSL service reactivated, the DSL customer must first pay all outstanding balances owed to Inter Mountain Cable / Mikrotec CATVs. Customer must also pay all reconnect and activation fees prior to reactivation. The reconnect and reactivation fee is $125.00 and may take 7 to 10 business days for the DSL service(s) to be reconnected as when the customer’s DSL service was originally provisioned. Inter Mountain Cable / Mikrotec CATV offer’s free installation and activation when the DSL/Cable customer originally activates their DSL service and they are paying by credit card. Inter Mountain Cable / Mikrotec CATV also offers a discounted activation rate of $25.00 if the customer does not pay by credit card when originally activating their DSL/Cable service, but, if Inter Mountain Cable / Mikrotec CATV has to disconnect and then reconnect the customer’s DSL/Cable service(s) with the telco because the customer fails to make their payments by their payment due date, Inter Mountain Cable / Mikrotec CATV must charge the customer a reconnect and activation fee of $125.00. Customers receiving DSL/Cable service can avoid these reconnect fees by making sure their payment is received by their payment due date located on their monthly statement or by contacting our accounting department prior to their payment due date. Customers not willing to pay the reconnect and reactivation fee to reestablish their DSL/Cable service will still be responsible for the normal Inter Mountain Cable / Mikrotec CATV disconnection penalties, all outstanding balances, and the DSL modem charge as pointed out in this agreement. Inter Mountain Cable / Mikrotec CATV will credit customer’s account for the DSL/Cable modem once the modem is returned in its original package and is found to be in working condition. If the customer has any unpaid balances owed to Inter Mountain Cable / Mikrotec CATV after 60 days from the customer’s payment due date or customer does not contact Inter Mountain Cable / Mikrotec CATV accounting department to dispute charges or make payment arrangements, Inter Mountain Cable / Mikrotec CATV will turn the customer’s account over to collections.

File Transfer Restrictions

  1. By law, without the right or authority to do so, you may not upload, download, distribute or share any software, or other materials. If, upon reasonable suspicion and after reasonable investigation, Inter Mountain Cable / Mikrotec CATV finds a violation of this provision, Inter Mountain Cable / Mikrotec CATV reserves the right to notify appropriate state and/or federal authorities. As a User, you covenant to always use the Internet and the services provided by Inter Mountain Cable / Mikrotec CATV in compliance with all laws, rules and regulations.
  2. Your Inter Mountain Cable / Mikrotec CATV account entitles you to E-mail storage space of up to 2 megabytes. If additional storage space is required, up to 10 megabytes (issued in 2 Meg blocks), Inter Mountain Cable / Mikrotec CATV will charge for additional disk usage according to then-current Inter Mountain Cable / Mikrotec CATV pricing. Difficulties in downloading e-mails due to size are the responsibility of the User(s) and Inter Mountain Cable / Mikrotec CATV reserves the right to delete messages if necessary to facilitate download.
  3. Customers who have web sites on the Inter Mountain Cable / Mikrotec CATV Users Pages are entitled to 25 Mb of web space. The maximum allowable bandwidth per website is 3 Gb of transfer per month. This restriction is subject to change.

Change of Terms, Condition and Services

  1. Inter Mountain Cable / Mikrotec CATV reserves the right to alter the pricing, offerings, terms and conditions of service at any time, as set forth in your agreement with Gearheart Communications Inc., Inter Mountain Cable Inc. & Inter Mountain Cable / Mikrotec CATVs. An electronic, online copy of this AUP in effect is at the following Web address: http://www.imctv.com/legal/ under the “Acceptable Usage Policy” link. As the account holder, you are charged with the responsibility of checking this page for any updates, and your continued use of Inter Mountain Cable / Mikrotec CATV constitutes your agreement to the modified terms.
  2. Inter Mountain Cable / Mikrotec CATV does provide configuration assistance and limited free technical support for browser, dial up and e-mail client programs that are essential to getting on the Internet.
  3. Inter Mountain Cable / Mikrotec CATV does not provide technical support for software that is not Internet, nor does Inter Mountain Cable / Mikrotec CATV make any warranties as to any software you may use in connection with your Inter Mountain Cable / Mikrotec CATV account; the respective author/copyright holder’s warranties apply. Further, Inter Mountain Cable / Mikrotec CATV does not provide technical support for any hardware you use for your Internet connection which you did not purchase from Inter Mountain Cable / Mikrotec CATVs.
  4. Inter Mountain Cable / Mikrotec CATV cannot guarantee overall Internet performance, nor the performance or availability of any server, service or site on the Internet at large which you may otherwise access through your Inter Mountain Cable / Mikrotec CATV account.

System Use Policies

Inter Mountain Cable / Mikrotec CATV provision of Internet access should not be construed to mean full time or completely unregulated access. There are a great many users sharing Inter Mountain Cable / Mikrotec CATV network facilities, and we are committed to providing good, consistent service to all subscribers. For this reason, the subscriber should observe the following guidelines in the usage of your Inter Mountain Cable / Mikrotec CATV account:

  • Do not maintain a connection to your dial-in account when you are not actively using the Internet and be sure to log out of the system when you are ready to end an Internet session.
  • Multiple, simultaneous logins of the same account are prohibited.
  • Our flat-rate accounts (i.e., the Voyager and Odyssey) are not intended to serve as extended or full-time (24 x 7) connections to the Internet. If you find that you need a full-time (24 x 7) connection to the Internet, please contact us for information on our dedicated access services.
  • Our network is configured to terminate your dial-in session after eight (8) hours. We do not mind if you log back in if you are disconnected, but unless you are paying for a dedicated connection, you should not expect to be able to stay logged on indefinitely.
  • To ensure all users equal access to Inter Mountain Cable / Mikrotec CATV resources at peak times, we reserve the right to terminate any user session which has idle time of 20 minutes or more. As well, we reserve the right to terminate one or all multiple connection sessions when we encounter your username logged in multiple times simultaneously at one or multiple locations.
  • Content posted to Inter Mountain Cable / Mikrotec CATV Personal Pages will be removed if that content violates copyrights, libels others, or contains code which could harm systems which visit the site.
  • Inter Mountain Cable / Mikrotec CATV is not responsible for backing up User(s) personal page content. Content backup of a personal page site that comes with a dialup account is the customer’s responsibility.
  • Sexually explicit and patently offensive content; materials that otherwise violate federal, state or local law; and materials and content that threaten the security or utility of the Inter Mountain Cable / Mikrotec CATV network, are strictly forbidden on any Inter Mountain Cable / Mikrotec CATV connection.
  • Services Web service to which you subscribe—personal or commercial.
  • Customer has no ownership of static IP numbers that may have been assigned to the customer by Inter Mountain Cable / Mikrotec CATVs.
  • Inter Mountain Cable / Mikrotec CATV reserves the right at any time to remove these static IP assignments with notice to the Customer from Inter Mountain Cable / Mikrotec CATVs. If deemed necessary, Inter Mountain Cable / Mikrotec CATV also reserves the right to reassign static IP allocation at its sole discretion.
  • You may not use Inter Mountain Cable / Mikrotec CATV to gain or attempt to gain unlawful access to other computer or other computer systems.
  • You are responsible for your phone line, and the operating condition of your computer and modem. Inter Mountain Cable / Mikrotec CATV is not responsible for any of the hardware or software of your computer and computer system.
  • You are responsible for assuring that Inter Mountain Cable / Mikrotec CATV is a local call from your location. Inter Mountain Cable / Mikrotec CATV is not responsible for any local or long-distance call charges or other phone company-imposed fees and charges.
  • A dial-up service connection may be used from different computers, but only one connection at a time.
  • You are responsible for assuring that the contents of your web or similar directory or directories do not violate any law.
  1. Inter Mountain Cable / Mikrotec CATV reserves the right to remove from public view any material or content brought to its attention which violates this AUP.
  2. The services you purchase from Inter Mountain Cable / Mikrotec CATV are not transferable. You may not resell or share your Inter Mountain Cable / Mikrotec CATV account services.

Roaming

  1. “ISP affiliate” means any Internet Service Provider with which Inter Mountain Cable / Mikrotec CATV has a roaming arrangement to allow Mikrotec Internet Services clients to connect to the Internet through the ISP affiliate’s facilities outside the area served by Inter Mountain Cable / Mikrotec CATVs.
  2. “Roaming” consists of dialing an ISP affiliate’s Internet connection number to connect to the Internet.
  3. Roaming may be subject to regulation via provisions of this AUP.

Information Policy

Inter Mountain Cable / Mikrotec CATV will not filter information that is received from the Internet, except in accordance with this AUP and applicable law; however, some newsgroup material may be offensive to some people. If you find a newsgroup that you do not like, please do not attempt to read or reply to that newsgroup. We will not discontinue a newsgroup due to someone’s belief that said newsgroup is `offensive’ or `wrong.’ You are free to subscribe to any mailing lists, but as with newsgroups, some information may seem offensive to you. Just follow proper procedures for subscribing and, if you don’t like what you are receiving please change or unsubscribe from that list or newsgroup. As an Inter Mountain Cable / Mikrotec CATV client, you are solely responsible for monitoring usage of your Inter Mountain Cable / Mikrotec CATV Internet accounts, including use by your children.

Procedures & Accounting Matters

  1. Our AUP is under constant review. We consider comments from our users and from experienced staff. We will change this document from time to time. You are subject to the AUP in effect at the time you sign up for Inter Mountain Cable / Mikrotec CATVs, and to each revision of the AUP that becomes effective subsequently, without further notice.
  2. Account cancellations should be directed in writing to our Accounting Department via E-mail to billing@mikrotec.com, via fax at 1-800-635-7.52, or via snail mail at P.O. Box 750, Harold, Ky. 41635-0750
  3. Requests for change of username or password on your dial-up account should be directed to our Customer Service Department at 1-800-635-7052.
  4. Returned checks are subject to a $20.00 Returned-Check Fee. Your account will be debited electronically for both the face amount of the check and any returned check fees if returned unpaid.
  5. Failure to pay invoices by the specified due date will result in a late fee charged against your account. This rule also applies to credit card and ACH Debit customers.
  6. All customers that have dedicated (always on Internet services), including but not limited to, ADSL/DSL/Cable Modem, Frame Relay, 56K-V.90, Point-to-Point, Cable (only in Inter Mountain Cable service areas) and ISDN circuits have until the 10th day of each month to pay for current services that have been invoiced. Payment for previously invoiced services is due by the 10th day of each month. If payment(s) is not received within these guidelines, the customer’s service(s) will be interrupted. Customers will have to contact our accounting department at 1-866-438-6648 to make payment arrangements before services are reconnected. A $25.00 reconnect fee will also be charged in addition to any outstanding fees due to Gearheart Communications Inc., Inter Mountain Cable Inc. & Inter Mountain Cable / Mikrotec CATVs. Payment arrangements may be an alternative if Inter Mountain Cable / Mikrotec CATV accounting department is notified 15 days prior to payment due date. Whether or not payment arrangements can be made will be at the discretion of Inter Mountain Cable / Mikrotec CATV accounting department. If further explanation of this policy is needed, please contact our accounting department at 1-800-635-7052.

User responsibility

  1. Inter Mountain Cable / Mikrotec CATV considers the complaints and comments from other users on the Inter Mountain Cable / Mikrotec CATV system, as well as those of system administrators from other Network Service Providers. We will take immediate action against any Inter Mountain Cable / Mikrotec CATV subscriber who abuses any of our facilities or services. Some of the types of conduct which is inappropriate on the Internet, and thus prohibited while using your Inter Mountain Cable / Mikrotec CATV account, are (a non-exhaustive list):
    posting commercial/marketing/advertising/sales materials in non-commercial areas (for example, in a newsgroup dedicated to the discussion of the political significance of the two-party system of government, you should not post a message that you have a watch for sale), or sending unwanted/unsolicited commercial E-mail (“UCE”). This activity is called, aptly enough, “spamming”;
    posting “chain letters”—these are *illegal* under federal and state law and are inappropriate on paper and on the Internet;
    E-mailing or posting (in newsgroups, IRC or otherwise) abusive, vulgar or threatening messages; and gaining unauthorized access to any network, either by use of an access account that is not yours, or by engaging in otherwise illegal methods.
  2. In addition to this AUP, the provisions of all applicable laws apply to your use of Inter Mountain Cable / Mikrotec CATV facilities.
  3. Users that access the Internet through Inter Mountain Cable / Mikrotec CATV must comply not only with Inter Mountain Cable / Mikrotec CATV AUP as well as the AUP’s of the Network Service Providers whose networks they access.
  4. Inter Mountain Cable / Mikrotec CATV will review all complaints or instances of your inappropriate use brought to our attention and will decide what action to take, which action may be termination of your Inter Mountain Cable / Mikrotec CATV account.
    E. If you have any complaints about another subscriber’s use of Inter Mountain Cable / Mikrotec CATV facilities, or if you are subjected to any inappropriate use of Inter Mountain Cable / Mikrotec CATV facilities, please contact our office immediately. You may send E-mail to abuse@mis.net.
  5. If you suspect or have proof of a hacking or break-in attempt on your machine you may call toll-free 1-800-635-7052 and leave a message for the Security Response Team.
  6. If your account is cancelled for non-payment, there will be a $15 reconnection fee charged to establish service again.
  7. It is sole the responsibility of the User(s) to ensure that no long-distance calls are being made to connect to the Internet. Each User(s) should verify that the dial-up number they are using to connect to the Internet is a local call by contacting their local telephone company before connecting to the Internet. Do not solely rely on a Mikrotec representative to determine whether a dial-up number is a local call in your area. As a rule of thumb, you should not have a ten (10) digit number (i.e., 606-XXX-XXXX) in your Internet connection dialer. If you have a ten-digit number in your Internet connection dialer you may be charged toll each time you connect to the Internet. Mikrotec is not responsible for any long-distance charges accrued due to user error of this sort.

9.1 Usage Threshold Policy

Pursuant to this this AUP and based on an analysis of typical customer usage of the Inter Mountain Cable / Mikrotec CATV network, Inter Mountain Cable / Mikrotec CATV has established monthly usage thresholds based on individual Internet service plans limiting the amount of data you will be able to upload and download within stated time periods (“Usage Thresholds”).  You may use the Data Management Portal to ascertain your cumulative data usage at any specific time during the month.  This will allow you to be aware of how your bandwidth allotment is impacted by your usage activities and will allow you to make appropriate adjustments to your usage to stay within the threshold limits for your Internet service account. When Inter Mountain Cable / Mikrotec CATV enforces the Usage Thresholds, you, the User, will be assessed a $5 charge per 50 gigs more than the threshold in each month. In the following calendar month, you will be restored to the rate for your Internet service plan.  In cases of extreme and continued violation of this policy limitations, you may be required to upgrade your Broadband Service package allowing higher bandwidth usage; otherwise your service may be suspended.

As shown in the table below, bandwidth limitations vary based on the service plan you have selected. For each service plan, the Usage Threshold is significantly higher than the amount of data that is used by a typical customer. Your upload and download data usage (“Actual Usage”) is measured to determine if your Actual Usage in any calendar month exceeds the Usage Threshold for the service plan that you selected.

USAGE ALLOWANCE PER SERVICE TIER

Download/Upload – Usage Threshold

2 Mbps / 1 Mbps – 100 Gig/Mo (Prepaid Internet)

4 Mbps / 1 Mbps – 150 Gig/Mo (Prepaid Internet)

6 Mbps / 1 Mbps – 200 Gig/Mo (Prepaid Internet)

10 Mbps / 5 Mbps – 500 Gig/Mo (Budget Internet)

50 Mbps / 5 Mbps – 1,000 Gig/Mo

100 Mbps / 10 Mbps – 1,500 Gig/Mo

300 Mbps / 20 Mbps – 2,000 Gig/Mo

500 Mbps / 40 Mbps – 3,000 Gig/Mo

750 Mbps / 40 Mbps – 3,000 Gig/Mo

Up to 1 Gbps / 40 Mbps – 3,000 Gig/Mo 

 

The Strictly Legal Stuff

  1. All services provided to you by Inter Mountain Cable / Mikrotec CATV may only be used in accordance with any applicable laws, statutes, regulations and rules and solely for lawful purposes. Transmission, promulgation, theft, procurement, communication, alteration, publication or storage of any information, protected material or property, data or any other material in violation of any national law of any sovereign nation, any International law, the United States Annotated code, or of any state or local law, regulation or rule is strictly prohibited. This includes, but is not limited to, any material, data, matter, software/soft code, intellectual property protected by copyright, trademark, privacy of property right, personal or property right, trade secret, or any other statute. Further, it is unlawful and a violation of this AUP to communicate, transmit, or promulgate in any manner, means or medium, any threatening, harassing, or obscene material, matter, communication of any sort, or to otherwise use Inter Mountain Cable / Mikrotec CATV for any illegal or unlawful purposes.
  2. Inter Mountain Cable / Mikrotec CATV does not “patrol” the content published by its clients. Inter Mountain Cable / Mikrotec CATV does, however, review complaints submitted with respect to other potential violations of this AUP and applicable laws and will investigate those complaints and act it deems appropriate, up to and including cancellation of a user’s service.
  3. This computer network belongs to Inter Mountain Cable / Mikrotec CATV and may be used only by Inter Mountain Cable / Mikrotec CATV employees for work-related purposes only and Inter Mountain Cable / Mikrotec CATV network access subscribers. Inter Mountain Cable / Mikrotec CATV reserves the right to monitor use of this network to ensure network security and to respond to specific allegations of employee or subscriber misuse. Use of this network shall constitute consent to monitoring for such purposes. In addition, Inter Mountain Cable / Mikrotec CATV reserves the right to consent to a valid law enforcement request to search the network for evidence of a crime stored within the network.
  4. You will indemnify and hold harmless Inter Mountain Cable / Mikrotec CATVs, its officers, shareholders, agents, employees and its other subscribers from all claims, costs, expenses, judgments, causes of action, attorney fees, litigation and court costs, resulting from the subscriber’s use of Inter Mountain Cable / Mikrotec CATV in any manner, whether directly or indirectly or by any act of omission or commission.
  5. You are solely responsible for the knowledge of and adherence to all laws, statutes, rules and regulations pertaining (1) to your use of any Inter Mountain Cable / Mikrotec CATVs, and (2) the communications means by which you connect your terminal, personal computers or other device to Inter Mountain Cable / Mikrotec CATV or to any services provided by Inter Mountain Cable / Mikrotec CATVs.
  6. Your rights herein granted cannot be transferred, shared, sold, or used by anyone other than yourself. Only one login session per account may be used at any given time. Accounts that have been transferred to other parties or show other activity in violation of this paragraph are subject to immediate cancellation.
  7. Inter Mountain Cable / Mikrotec CATV has the right to delete all E-mail, data files, or other information that is stored in your account if your Inter Mountain Cable / Mikrotec CATV account is terminated, for any reason, by either you or Inter Mountain Cable / Mikrotec CATVs.
  8. Inter Mountain Cable / Mikrotec CATV shall have the right to suspend or cancel your account at any time, for reasonable cause, without notice. “Cause” includes, but is not limited to, nonpayment for services; violation of this AUP; excessive idle time online, as determined by ISP’s network administrator; and use of your account to engage in violation of any federal, state or local statute.
  9. No warranty is made by Inter Mountain Cable / Mikrotec CATV regarding any information, services or products provided through, in connection with, or located on the computer systems of Inter Mountain Cable / Mikrotec CATV or any other services provided by Inter Mountain Cable / Mikrotec CATVs, and Inter Mountain Cable / Mikrotec CATV hereby expressly disclaims any and all warranties, including without limitation (I) any warranties as to the availability of Inter Mountain Cable / Mikrotec CATV products or services, or the accuracy of content or information, products; and (ii) any warranties of merchantability or fitness for a particular purpose.
  10. Inter Mountain Cable / Mikrotec CATV shall have no liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, electrical surge or damage or interference, deletion, defect, delay in operation or transmission, communication line failure. Theft or destruction of or unauthorized access to, alteration of, or use of records whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, shall be strictly limited to the amount paid by you or on your behalf to Inter Mountain Cable / Mikrotec CATV for the current month.
  11. No agent, employee, or representative of Inter Mountain Cable / Mikrotec CATV has any authority to bind Inter Mountain Cable / Mikrotec CATV to any affirmation, representation, or warranty concerning the services provided by Inter Mountain Cable / Mikrotec CATVs.

Disclaimer and limitation liability

  1. User(s) agrees that the use of all services provided to each User(s) by Inter Mountain Cable / Mikrotec CATV is at User’s own risk. All warranties of any kind, express or implied, including warranties of merchantability, fitness for a purpose and non-infringement of proprietary rights, are expressly disclaimed fully permitted by law. Inter Mountain Cable / Mikrotec CATV cannot guarantee continuous service, service at any time, or integrity of data stored or transmitted via its system or via the Internet. Inter Mountain Cable / Mikrotec CATV shall not be liable to the User(s) for any claims or damages which may be suffered by User(s), including, but not limited to, losses or the loss of data, inability to access the Internet, or inability to transmit or receive information, caused by, or resulting from delays, non-deliveries, or service interruptions unless directly caused by the negligence of Inter Mountain Cable / Mikrotec CATVs. Inter Mountain Cable / Mikrotec CATV shall not be responsible for the acts of third parties who may gain access to User(s) computer systems, private, financial, or proprietary information by improper or unlawful means.

Indemnification

  1. User(s) will indemnify and hold Inter Mountain Cable / Mikrotec CATVs, its affiliates, subsidiaries, officers, agents and employees free and harmless from any and all claims, damages or lawsuits of any kind (including reasonable attorney fees) arising out of the User’s use of services provide to them by Inter Mountain Cable / Mikrotec CATV and negligent or illegal acts of User(s), its employees or agents, including, but not limited to, claims, damages or lawsuits arising out the use of those services.

Gearheart Communications Company, Inc., including one or more of its affiliates (“Gearheart”), is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Service (or any part of the Service) in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements.

If Gearheart continues to receive additional copyright infringement notices addressing account-holder infringement after this step, Gearheart may implement enforcement pursuant to its Repeat Infringer Policy and suspend or terminate the account with or without notice.

Copyright infringement is illegal and violates the Gearheart’s Service Terms and Conditions and Acceptable Use Policy. Subscribers should not engage in copyright infringement and should ensure that others using their Internet account do the same. Importantly, if the subscriber’s home network is not protected or secured by a password or firewall, and unauthorized users are accessing the subscriber’s network, they may be the source of the problem. You should contact any other individuals who have access to your Internet service and discuss the alert with them. Be sure to educate those that use your Internet service regarding copyright infringement. Explain that downloading copyrighted material without permission from the copyright holder is against the law.

Reporting Infringement

Copyright owners may report alleged infringements of their works that are stored on the Service or the Personal Web Features by sending Gearheart’s DMCA Designated Agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon Gearheart’s receipt of a satisfactory notice of claimed infringement for these works, Gearheart will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the Service or the Personal Web Features or (ii) disable access to the work(s).  Gearheart will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s).  If a customer is notified of alleged infringement four (4) or more times, regardless of whether the infringements are concurrent or sporadic, the customer is deemed to be a repeat infringer and Gearheart will proceed with throttling service speeds, suspending or terminating that customer’s Service account.  

If you believe that your work has been copied and has been posted, stored, or transmitted to Gearheart’s website in a way that constitutes copyright infringement, please submit a notification pursuant to the DMCA by providing Gearheart’s DMCA Designated Agent (contact provided below) the following written information:

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Gearheart to locate the material.
  4. Information reasonably sufficient to permit Gearheart to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Gearheart has filed with the United States Copyright Office the necessary designated agent information to facilitate notice of alleged online copyright infringement on our network. Our designated agent for notification of alleged copyright infringement and counter notification is:

Designation of Agent to Receive Notification of Claimed Infringement

Full Legal Name of Service Provider: Gearheart Communications Company, Inc.

Alternative Name: Coalfields Telephone Company, East Kentucky Internet

Agent Name and Title, Designee to Receive Notification of Claimed Infringement: Joella Newsome

Full Address of Designated Agent to Which Notification Should Be Sent:

P.O. Box 160, Harold, KY 41635

Telephone of Designated Agent: 606.479.6156

E-mail of Designated Agent: copyright@gearheart.com

You should be aware that complainants who make false claims or misrepresentations concerning copyright infringement may be liable for damages under the DMCA.

Counter-Notification in Response to Claim of Copyright Infringement

If an affected customer or user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to Gearheart’s designated agent at the address noted above. Upon Gearheart’s receipt of a counter notification that satisfies the requirements of DMCA, Gearheart will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. This process will invoke a dispute between you and the complaining party. In all events, you expressly agree that Gearheart will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

Your counter-notification must be in writing and contain the following information:

  1. A physical or electronic signature of an authorized person.
  2. Identification of the material that was removed or access to which was disabled and the location at which material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled because of mistake or misidentification.
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located and that you will accept service of process from the complainant

You should be aware that substantial penalties under U.S. law apply for a false counter-notice filed in response to a notice of copyright infringement.