Legal and Helpful Information

Privacy Policy

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.

Cable Internet Terms and Agreements

CABLE MODEM OWNERSHIP/LEASE USE: The CM, if leased, shall at all times 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.

a.      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.

b.     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

c.      LESSOR shall have the right to make such filings as are necessary to evidence LESSOR’S ownership rights in the CUSTOMER agrees to execute any and 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, through, 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.

a.      (a) LESSOR shall have no liability for any interruptions of the CM, which results form causes beyond the reasonable control of the LESSOR.

b.     (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.

5. 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.

6. TAXES:  During the term, CUSTOMER shall pay all taxes, charges or assessments imposed by an 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.

7. 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.

8. 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 IMC,.  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.

9. 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, as a result of a breach of this AGREEMENT.

10. 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 he address specified in this AGREEMENT or at such other address as LESSOR may designate.

11. 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.

12. 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.

13. MISCELLANEOUS:

a.      This AGREEMENT shall be interrupted, construed, and enforced in accordance with the laws of the Commonwealth of Kentucky.

b.     The provisions of this AGREEMENT shall not be changed, amended or supplemented, except by an AGREEMENT in writing signed by LESSOR and CUSTOMER

c.      This AGREEMENT constitutes the entire AGREEMENT between the Parties and supersedes any and all previous agreements or understandings between them with respect to the subject matter hereof.

14. 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:

a.      CUSTOMER’S actual cost of procuring the CM or

b.     LESSOR’S actual cost of providing CM to the CUSTOMER; or

c.      A change in lease payments as a result of (a) and/or (1) above; or

d.      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.

15. 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.

16. 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.

17. 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.

18. 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 IMC 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.

Digital Cable Terms and Agreements

1. DCT/DSK UNIT OWNERSHIP AND USE: The DCT/DSK, if leased, shall at all times remain in the sole and exclusive property of LESSOR even if attached to real property.  CUSTOMER shall have no rights in the DCT/DSK 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 DCT/DSK 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 DCT/DSK from the PREMISES, give possession or control of the DCT/DSK to any other party, ….. , sell or mortgage the DCT/DSK in any manner.  For purposes of this AGREEMENT, the DCT/DSK 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 DCT/DSK, if leased, is not returned by the CUSTOMER or if the DCT/DSK becomes damaged through negligence or abuse by CUSTOMER, as liquidated damages for the cost of the DCT/DSK.  All maintenance and repair of the DCT/DSK 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 DCT/DSK.

a.      CUSTOMER shall make no modifications or alterations to the DCT/DSK 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.

b.     CUSTOMER shall notify LESSOR promptly of any defect in, or damage or accident to, the DCT/DSK.  LESSOR’S sole and exclusive liability for any defective item of DCT/DSK shall be replacement of such item.

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

c.      LESSOR shall have the right to make such filings as are necessary to evidence LESSOR’S ownership rights in the CUSTOMER agrees to execute any and 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 DCT/DSK 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 DCT/DSK, 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 DCT/DSK on, across, through, 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 DCT/DSK or the SERVICE.

a.      LESSOR shall have no liability for any interruptions of the DCT/DSK, which results form causes beyond the reasonable control of the LESSOR.

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.

5. INSURANCE: CUSTOMER shall keep the DCT/DSK insured against all loss or damage, from any cause, whatsoever. The Insurance shall be in the form and amount satisfactory to lessor.

6. TAXES:  During the term, CUSTOMER shall pay all taxes, charges or assessments imposed by an federal, state, or local governments arising from the use of the DCT/DSK or the providing of the SERVICE, other than federal, state, or local income taxes of LESSOR.

7. 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.

8. 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 DCT/DSK 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 DCT/DSK. (c) Within seventy-two (72) hours of any termination of the AGREEMENT, CUSTOMER shall promptly return the CDCT/DSK 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 DCT/DSK within said period, LESSOR shall have the right to enter the PREMISES and take possession of and remove the DCT/DSK within thirty (30) days of the date of termination.  In connection with such removal of the DCT/DSK, LESSOR shall have no obligation to remove any wires, cables, or outlets constituting a part of the DCT/DSK, 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 CUTSOMER’S FAILURE TO PAY ITS/HER/HIS ACCOUNT WITH IMC.  UPON SUCH CANCELLATION, AND WITHOUT PRIOR NOTICE, THE DCT/DSK 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 DIGITAL SERVICES, THE DCT/DSK SHALL BE RETURNED.

9. 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 DCT/DSK, if leased, as a result of a breach of this AGREEMENT.

10. 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 he address specified in this AGREEMENT or at such other address as LESSOR may designate.

11. 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.

12. 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.

13. MISCELLANEOUS: (a) This AGREEMENT shall be interrupted, construed, and enforced in accordance with the laws of the Commonwealth of Kentucky. (b) The provisions of this AGREEMENT shall not be changed, amended or supplemented, except by an AGREEMENT in writing signed by LESSOR and CUSTOMER (c) This AGREEMENT constitutes the entire AGREEMENT between the Parties and supersedes any and all previous agreements or understandings between them with respect to the subject matter hereof.

14. 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: (a) CUSTOMER’S actual cost of procuring the DCT/DSK or (b) LESSOR’S actual cost of providing DCT/DSK to the CUSTOMER; or (c) A change in lease payments as a result of (a) and/or (1) above; or (d) 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.

15. MINIMUM PROGRAMMING REQUIREMENT: CUSTOMER agrees to pay the monthly lease fee which at this time is $55.95 per month, plus desired services packages selected. Failure by CUSTOMER to do so constitutes a breach of this AGREEMENT.

16. AVAILABILITY OF DCT UNIT: The Parties mutually agree that this AGREEMENT is conditioned upon the availability of the DCT/DSK or any part hereof to the LESSOR.

17. 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.

18. CUSTOMER’S WARRANTY OF UNDERSTANDING: CUSTOMER represents and warrants that it/she/her has read the entire AGREEMENT and fully understands the same.

Unlimited Usage Policy

* Unlimted Long Distance only applies to normal residential usage.

Inter Mountain Cable Unlimited Long Distance Plan is available only with Inter Mountain Cable local service plan. The Unlimited plan is designed for residential voice calls terminating within the United States & Canada. The Unlimited plan may not be used to place calls to on-line services, or Internet access services. The plan cannot be used for any commercial use or for any services that do not involve a person-to-person conversation or voice messages. The Unlimited Long Distance Plan does not include charges incurred for calling card services, calls to International exchanged, or calls to 900 numbers, Directory Assistance, or operator services. Inter Mountain Cable reserves the right to discontinue or charge service to customers on the Unlimited Long Distance Plan that are determined to have long distance calling patterns that are atypical of normal residential usage. Usage may be monitored and customer may be required to show compliance if usage exceeds more than the average residential minutes per month. If Inter Mountain Cable determines that usage is not consistent with typical residential Customer usage, the Customer/Subscriber may be subject to discontinuation of this service, an additional fee per minute over the average residential minutes, or offered an alternative plan at the Company’s sole discretion without prior notice. Additional regulatory charges and other fees apply with package.

DHCT Protection Plan

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.

Closed Captioning

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

Network Management Practice

Inter Mountain Cable 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 (IMC) 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. IMC may revise this disclosure from time to time without notice by posting a new version of this disclosure here.

Accordingly, users of IMC’s 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 (IMC) 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. IMC 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

IMC utilizes 1Gig 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

IMC operates an access network with 2 service types, Voice and Broadband Internet.

• This access network supports DOCSIS 2.0 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 6Mbit download speeds.

Network Edge Overview

Currently IMC contracts with Mikrotec Internet Services (MIS) and the East Kentucky Network (EKN) to fulfill its edge network requirements:

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

General Network Principals

IMC, 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 IMC does not currently utilize any form of congestion management (other than giving voice traffic priority over Internet access), IMC 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/internet_aup2.php and the Terms of Agreement available at http://www.imctv.com/legal/cable_internet_toa.html . 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 IMC may implement in order to meet its goal of delivering a high quality broadband Internet experience to its customers.

Non-Discrimination Practices

• IMC 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. IMC 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

• IMC 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, IMC does provide a device free of charge to each of it’s customers.
• IMC 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. IMC 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 IMC network and our subscribers as well as to abide by good Internet Citizenship, IMC utilizes the following listed security practices, which affect forwarded traffic delivered to our subscribers. In addition to this list, IMC utilizes multiple other mechanisms to promote the Confidentiality, Integrity and Availability of the IMC 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, IMC 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.
• IMC 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 IMC may perform real time traffic analysis of subscriber traffic.

Distribution Network

• In the event of malicious activity, IMC 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.
• IMC 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 IMC may perform real time traffic analysis of subscriber traffic.

Core Network

• In the event of malicious activity, IMC 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.
• IMC 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 IMC may perform real time traffic analysis of subscriber traffic.

Edge Network

• In the event of malicious activity, IMC 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.
• IMC collects performance characteristics in the aggregate at this level (link level utilization), which allows us to proactively plan in advance proper network scaling.
• IMC 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 IMC 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

• IMC 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 IMC. 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, IMC, 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

• IMC does prioritize voice traffic on each individual account (i.e. your voice traffic will take priority over your data traffic).
Impact of Specialized Services

• IMC 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

• IMC 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/privacy_policy.html 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/cable_internet_toa.html. 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.

E-911 Guidelines

Availability of Traditional 911 or E-911 Dialing Service
You acknowledge and understand that the Service supports traditional 911 or E-911 access to emergency services where made available by the county or municipality having authority for such 911/E-911 service only within Inter Mountain Cable’s operating service area. Inter Mountain Cable does offer a 911/E-911 type service available only on Inter Mountain Cable Devices as described herein. Please contact Inter Mountain Cable to see if service in the area you are in accommodates 911/E-911. E-911 service is similar to the service of traditional incumbent landline telephone E-911 service. E-911 calls are directed to the agency in each county that has control of E-911 provisioning. With E-911 calls, the calling telephone number, name and address will be provided to the emergency answering center as directed and proved for by the controlling agency in each county. Inter Mountain Cable will provide to such agency the telephone number, name and address as provided by you (the customer) when signing for the service. If you move your location within the same county and you want the address updated for E-911 purposes you must notify Inter Mountain Cable at 606-478-9406 so that we may update your address for billing and 911 emergency information purposes. Such notification shall be provided by the party responsible for the service. If such notification is not received as described by Inter Mountain Cable, and if the device is moved to a different address and if a call is made to 911 then the emergency agency receiving the call will most likely receive the address information as originally provided by you, the customer, to Inter Mountain Cable. Where E-911 service is not available, Inter Mountain Cable will NOT provide Service.

Description of 911-Type Dialing Capabilities
Inter Mountain Cable relies on third parties (those agencies responsible for the provisioning of E-911 data bases and call delivery in each county and or responsible municipality) for the forwarding of information underlying such routing, and accordingly Inter Mountain Cable and its third party provider(s) disclaim any and all liability or responsibility in the event such information or routing is incorrect. You acknowledge and understand that the Public Safety Answering Point (PSAP) and emergency personnel may or may not be able to identify your phone number in order to call you back or identify your location if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement. Neither Inter Mountain Cable nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to 911 dialing unless it is proven that the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct on the part of Inter Mountain Cable. You agree to indemnify and hold harmless Inter Mountain Cable and its third party provider from any claim or action arising out of misroutes of 911 calls, including but not limited to your failure to provide Inter Mountain Cable with correct address information and/or any future change of address.

Failure to Designate the Correct Physical Address  When Activating 911 Dialing
Failure to provide the current and correct physical address and location of your Inter Mountain Cable equipment in your service request may result in any 911/E-911 communication you make being routed to the incorrect local emergency service provider or that responding emergency personnel may be sent to the wrong address. This address must be the actual physical street address where you are located, not a post office box, mail drop or similar address.

Requires Notification to Inter Mountain Cable if You Move or Change Location within Inter Mountain Cable’s Service Area
If you move to a new address where Inter Mountain Cable provides 911/E-911 service and you fail to notify Inter Mountain Cable of your new address, you acknowledge and understand that 911 dialing may not function properly. Failure to provide the current and correct physical address and location of your Inter Mountain Cable equipment may result in any 911 dialing you may make being routed to the incorrect local emergency service provider and/or emergency personnel being dispatched to the wrong location. You can notify Inter Mountain Cable at 606-478-9406.

911 and E-911 Does Not Function without Broadband connection and/or Power
You acknowledge and understand that the Service does not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which may or may not be provided by Inter Mountain Cable) and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet service provider (‘ISP’) and/or broadband provider, the Service will not function, but that you will continue to be billed for the Service unless and until you or Inter Mountain Cable terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or ISP outage, the Service will not function until power is restored or the ISP outage is cured. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service. Power disruptions or failures or ISP outages will also prevent dialing to emergency service numbers including the 911/E-911 calling feature. Should Inter Mountain Cable suspend or terminate your Service, the Service will not function until such time as Inter Mountain Cable restores your Service (which may require payment of all invoices and reconnection fees owed by you or cure of any breach by you of this Agreement).

Possibility of Network Congestion and/or Reduced Speed for Routing or Answering 911
Although network routing for 911 calls is engineered by the parties responsible for the network to accommodate 911 calls within an acceptable number, you acknowledge and understand that there is a possibility of network congestion and/or reduced speed in the routing of a 911/E-911 communication made utilizing your Inter Mountain Cable equipment. You understand and acknowledge that Inter Mountain Cable relies on third parties for the forwarding of information underlying such routing, and accordingly Inter Mountain Cable and its third party provider(s) disclaim any and all liability or responsibility in the event such information or routing is incorrect. Inter Mountain Cable or its officers or employees, may not be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to 911 dialing unless it is proven that the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct on the part of Inter Mountain Cable.

Education of your household residents, guests and others
You agree to inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service of the non-availability of traditional 911 or E-911 dialing from your Inter Mountain Cable Service and Device(s) and/or the possibility that the emergency service that answers a 911/E-911 call may not have the appropriate address location and that the caller may be required to give such information at the time of the call, if you have not updated your current address information. You also agree to inform your family, household residents, guests and any other users of the service of the 911/E-911 information and issues as described in this agreement.

LIABILITY: YOU ACKNOWLEDGE AND AGREE THAT INTER MOUNTAIN CABLE WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE, INABILITY TO DIAL 911 USING THE SERVICES, AND/OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS INTER MOUNTAIN CABLE AND ITS ASSOCIATED PARTIES FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICES RELATING TO THE FAILURE OR OUTAGE OF THE SERVICES, INCLUDING THOSE RELATED TO 911/E-911.

AUP Agreement

Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Service Rules and Regulations and Acceptable Use Policy

By using the services and resources owned by Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services, you agree to abide by the following Rules, Regulations and policy (“AUP” for short). For the purpose of 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services computers you use to connect to it are shared with thousands of others users. Therefore, Microtel Internet Services has constructed and implemented this AUP in order to provide a better understanding of how to use this service. This document also details your rights and responsibilities as a Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services as long as 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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. Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services retains the right to reserve certain usernames for internal use.
  4. Although you may want to use a made-up username for your Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services account, your full legal or entity (company) name must be used when you sign up with Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services.

Account Suspension and Cancellation

  1. Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services subscribers have the right to cancel their accounts in accordance with the Dial-Up Internet Service Agreement, or other similar applicable agreement with Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services. Cancellations take effect at the times specified in such agreements. If you wish to cancel your Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services account, you must send notice to Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services at, or in writing by mail to Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services, ATTN: Billing, PO Box 750, Harold Ky., 41635.
  2. As described in such agreements, Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services must pay all fees owed for their service(s) by their payment due date located on their monthly Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services by the DSL/Cable customer’s payment due date may result in Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services disconnecting the customer’s DSL/Cable service from the telco. If Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services. 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. Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services offer’s free installation and activation when the DSL/Cable customer originally activates their DSL service and they are paying by credit card. Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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, Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services disconnection penalties, all outstanding balances, and the DSL modem charge as pointed out in this agreement. Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services after 60 days from the customer’s payment due date or customer does not contact Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services accounting department to dispute charges or make payment arrangements, Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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, Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services finds a violation of this provision, Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services in compliance with all laws, rules and regulations.
  2. Your Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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), Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services will charge for additional disk usage according to then-current Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services pricing. Difficulties in downloading e-mails due to size are the responsibility of the User(s) and Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services reserves the right to delete messages if necessary to facilitate download.
  3. Customers who have web sites on the Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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. Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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. & Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services. 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services constitutes your agreement to the modified terms.
  2. Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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. Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services does not provide technical support for software that is not Internet, nor does Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services make any warranties as to any software you may use in connection with your Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services account; the respective author/copyright holder’s warranties apply. Further, Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services does not provide technical support for any hardware you use for your Internet connection which you did not purchase from Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services.
  4. Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services account.

System Use Policies

Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services proviision of Internet access should not be construed to mean full time or completely unregulated access. There are a great many users sharing Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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.
  • In order to ensure all users equal access to Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services resources at peak times, we reserve the right to terminate any particular 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services Personal Pages will be removed if that content violates copyrights, libels others, or contains code which could harm systems which visit the site.
  • Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services network, are strictly forbidden on any Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services.
  • Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services reserves the right at any time to remove these static IP assignments with advance notice to the Customer from Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services. If deemed necessary, Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services also reserves the right to reassign static IP allocation at its sole discretion.
  • You may not use Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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. Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services is not responsible for any of the hardware or software of your computer and computer system.
  • You are responsible for assuring that Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services is a local call from your location. Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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. Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services are not transferable. You may not resell or share your Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services account services.

Roaming

  1. “ISP affiliate” means any Internet Service Provider with which Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services.
  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

Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 particular 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 a Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services client, you are solely responsible for monitoring usage of your Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services, 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. & Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services. Payment arrangements may be an alternative if Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services accounting department. If further explanation of this policy is needed, please contact our accounting department at 1-800-635-7052.

User responsibility

  1. Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services considers the complaints and comments from other users on the Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services system, as well as those of system administrators from other Network Service Providers. We will take immediate action against any Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services facilities.
  3. Users that access the Internet through Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services must comply not only with Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services AUP as well as the AUP’s of the Network Service Providers whose networks they access.
  4. Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services account.
    E. If you have any complaints about another subscriber’s use of Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services facilities, or if you are subjected to any inappropriate use of Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 in order 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 or not 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services network, Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services enforces the Usage Thresholds, you, the User, will be assessed a $5 charge per 50 gig in excess of 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.
4 Mbps / 1 Mbps – 150 Gig/Mo.
6 Mbps / 1 Mbps – 200 Gig/Mo.
8 Mbps / 1 Mbps – 250 Gig/Mo.
10 Mbps / 1 Mbps – 300 Gig/Mo.
10 Mbps / 2 Mbps – 300 Gig/Mo.
15 Mbps / 1 Mbps – 350 Gig/Mo.
15 Mbps / 2 Mbps – 350 Gig/Mo.
20 Mbps / 1 Mbps – 400 Gig/Mo.
20 Mbps / 2 Mbps – 400 Gig/Mo.
25 Mbps / 1 Mbps – 450 Gig/Mo.
25 Mbps / 2 Mbps – 450 Gig/Mo.
25 Mbps / 3 Mbps – 450 Gig/Mo.
30 Mbps / 1 Mbps – 500 Gig/Mo.
40 Mbps / 1 Mbps – 600 Gig/Mo.
50 Mbps / 1 Mbps – 750 Gig/Mo.
50 Mbps / 2 Mbps – 750 Gig/Mo.
50 Mbps / 3 Mbps – 750 Gig/Mo.

The Strictly Legal Stuff

  1. All services provided to you by Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services for any illegal or unlawful purposes.
  2. Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services does not “patrol” the content published by its clients. Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services does, however, review complaints submitted with respect to other potential violations of this AUP and applicable laws, and will investigate those complaints and take action it deems appropriate, up to and including cancellation of a user’s service.
  3. This computer network belongs to Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services and may be used only by Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services employees for work-related purposes only and Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services network access subscribers. Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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, Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services, its officers, shareholders, agents, employees and its other subscribers from any and all claims, costs, expenses, judgments, causes of action, attorney fees, litigation and court costs, resulting from the subscriber’s use of Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 any and all laws, statutes, rules and regulations pertaining (1) to your use of any Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services, and (2) the communications means by which you connect your terminal, personal computers or other device to Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services or to any services provided by Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services.
  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. Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services has the right to delete all E-mail, data files, or other information that is stored in your account if your Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services account is terminated, for any reason, by either you or Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services.
  8. Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services regarding any information, services or products provided through, in connection with, or located on the computer systems of Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services or any other services provided by Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services, and Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services hereby expressly disclaims any and all warranties, including without limitation (i) any warranties as to the availability of Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services products or services, or the accuracy of content or information, products; and (ii) any warranties of merchantability or fitness for a particular purpose.
  10. Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services for the current month.
  11. No agent, employee, or representative of Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services has any authority to bind Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services to any affirmation, representation, or warranty concerning the services provided by Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services.

Disclaimer and limitation liability

  1. User(s) agrees that the use of all services provided to each User(s) by Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services is at User’s own risk. All warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services. Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services, 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 Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services 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.

Leased Access Program

Introduction
The information on this page is provided to help you understand the procedures and the rules for obtaining leased access time on Inter Mountain Cable systems, and those of its affiliates.

How to Request Information on Our Leased Access Program
For information regarding leased access you may use the contact information below to inquire electronically, by telephone, or in writing or you may obtain information in person at our customer service centers.

Rebecca A. Walters
Customer Service & Billing Supervisor
Inter Mountain Cable Inc
20 Laynesville Road
PO Box 159 Harold KY 41635-0159

Phone: 606-478-9406 EXT 6217
FAX: 606-478-1680
Email: rwalters@gearheart.com

The information request submitted to Inter Mountain Cable should include the following:
• The programmer’s name (and/or company name, if any).
• The programmer’s address
• The programmer’s email address
• The programmer’s telephone number
• Cable systems/communities for which the leased access programmer seeks information.

SUMMARY OF COMMERCIAL LEASED ACCESS STATUTE AND FCC RULES
The Cable Communications Policy Act of 1984 included Section 612 which established the statutory framework for commercial leased access. Section 612 was amended in the Cable Television Consumer Protection and Competition Act of 1992. Section 612 is a part of the Communications Act of 1934, as amended. Section 612 sets forth the requirements for cable operators to designate a percentage of their channel capacity for commercial use and allows cable operators to use that designated capacity until leased access use is obtained by an unaffiliated person pursuant to a written agreement. You may click here to view Communications Act Section 612.

The Federal Communications Commission (“FCC”) has adopted rules for cable operators to establish the price, terms and conditions for use of the operator’s designated leased access channel capacity. The FCC has also promulgated rules for resolving disputes concerning leased access rates, terms and conditions. You may click here to view the FCC’s commercial leased access rules.

FCC’s Commercial Leased Access Rules

Set forth below is a brief explanation of the FCC’s commercial leased access rules:

76.970, Commercial Leased Access Rates. These rates are regulated. This rule provides the methodology and formula for calculating commercial leased access rates.

76.971, Commercial Leased Access Terms and Conditions. This rule specifies that cable operators may place leased access programing on any tier with subscriber penetration of over 50%, permits cable operators to make reasonable channel selections for leased channels and sets out requirements for part-time (no less then 1/3 hour) lease access requests. Requirements for programming production standards, technical support, security deposits, insurance, billing and collection, length of contract and resale of leased access capacity are also specified in this rule.

76,972, Customer Service Standards. This rule sets forth the requirements for cable operators’ responses to requests for commercial leased access information, requirements for proposals from commercial leased access programmers and responses from cable operators.

76.975, Commercial Leased Access Dispute Resolution. This rule provides the dispute resolution procedures that are available to any person aggrieved by the failure or refusal of a cable operator to make channel capacity available in accordance with Section 612 or the FCC’s rules.

76,977, Minority and Educational Programming. In this rule, the FCC states the requirements for a cable operator to use leased access channel capacity for qualified minority and educational programming.

76.978, Leased Access Annual Reporting Requirement. This rule sets forth the FCC’s Annual Reporting Requirement. This rule sets forth the FCC’s annual reporting requirement for leased access.

Services may not be available in all areas. “Must be an Inter Mountain Cable customer.” All networks not available in all areas. Movies, pricing, ratings and scheduling subject to change without notice.

Customer Bill of Rights

As a residential customer of a regulated public utility in Kentucky, you are guaranteed the following rights subject to Kentucky Revised Statutes and the provisions of the Kentucky Public Service Commission Administrative Regulations:

  • You have the right to service, provided you (or a member of your household whose debt was accumulated at your address) are not indebted to the utility.
  • You have the right to inspect and review the utility’s rates and tariffed operating procedures during the utility’s normal office hours.
  • You have the right to be present at any routine utility inspection of your service conditions.
  • You must be provided a separate, distinct disconnect notice alerting you to a possible disconnection of your service if payment is not received.
  • You have the right to dispute the reasons for any announced termination of your service.
  • You have the right to negotiate a partial payment plan when your service is threatened by disconnection for non-payment.
  • You have the right to participate in equal, budget payment plans for your natural gas and electric service.
  • You have the right to maintain your utility service for up to thirty (30) days upon presentation of a medical certificate issued by a health official.
  • You have the right to prompt (within 24 hours) restoration of your service when the cause for discontinuance of the service has been corrected.

If you have not been disconnected, you have the right to maintain your natural gas and electric service for up to thirty (30) days if you present a Certificate of Need issued by the Kentucky Cabinet for Human Resources between November and the end of March. If you have been disconnected due to nonpayment, you have the right to have your
natural gas or electric service reconnected between the months of November through March provided you:

  1. Present a Certificate of Need issued by the Kentucky Cabinet for Human Resources, and
  2. Pay one third (1/3) of your outstanding bill ($200 maximum), and
  3. Accept referral to the Human Resources’ Weatherization Program, and
  4. Agree to a repayment schedule that will cause your bill to become current by October 15.

You have the right to contact the Public Service commission regarding any dispute that you have been unable to resolve with your utility (Call Toll Free 1-800-772-4636).

The Customer Bill of Rights is referenced in 807 KAR 5:006 Section 14 (1) (c) 1 .