Legal and Helpful Information

Gearheart Communications Company, Inc. (Gearheart) is committed to respecting and protecting the privacy of our customers. As discussed below, we have strict policies governing access by employees and others to customer communications and information. We access customer accounts, records or reports for authorized business purposes only. We educate our employees about their obligation to safeguard customer information and communications, and we hold them accountable for their actions. In short, privacy is a priority for Gearheart in all aspects of our business.

This Privacy Policy is divided into four sections:

1. Section I describes several general principles that express Gearheart’s commitment to assuring strong and meaningful customer privacy protection
2. Section II describes, more specifically, how Gearheart protects the confidentiality of Customer Proprietary Network Information (CPNI).
3. Section III describes Gearheart’s “Do Not Call” practices, which are designed to protect our customers from unwanted telemarketing.
4. Finally, Section IV provides our contact information should you have any questions about this policy or Gearheart’s privacy practices more.

PRIVACY POLICY

 SECTION I – GENERAL PRIVACY PRINCIPLES

The following principles express Gearheart’s commitment to assuring strong and meaningful customer privacy protection and are intended to guide Gearheart’s efforts to balance customer privacy with customer interest in receiving quality services. These principles apply to our use of “individual” customer information – that is, information about specific customers. “Individual” customer information includes “personal information” – information particular to you, including your address, phone number, fax number and email address – and “non-personal information” that may include information such as your network traffic data, services and features used or call record details. These policies are fully consistent with applicable laws and regulations governing privacy, including the regulations of the Federal Communications Commission (“FCC”). Individual customer information is distinct from “aggregated” customer information, which does not reveal a customer’s identity. Further, the examples provided below are intended to be illustrative, not all-inclusive.

1. Gearheart obtains and uses individual customer information for business purposes only.

Gearheart obtains and uses customer information that helps us to provide our customers with quality telecommunications services. In addition to supporting the direct provision of service, this information may be used to protect customers, employees and property against fraud, theft, or abuse; to conduct industry or consumer surveys; and to maintain good customer relations. Access to databases containing customer information is limited to employees who need that information to perform their jobs. These employees are required to follow strict rules when handling customer information and are subject to disciplinary action if they fail to do so.

In order to better serve our customers, we may ask them questions to elicit additional information about their special needs and interests. For example, we may ask whether customers work at home, whether any members of the household have special needs, or whether teenagers reside in the household to determine whether customers may be interested in or might benefit from additional lines or services. In all cases, the information we gather is used to facilitate the provision of quality customer service. We do not share this information with third parties to market non-Gearheart services to our customers.

2. Gearheart collects information from customers in several different ways.

Gearheart may collect information from you through communications such as via the web, or by phone, email, or mail delivery, or through the services provided to you as the customer.

You may visit our site without divulging any personal information; however, there are areas of this site that might require personal information to contact Gearheart directly, specifically, when registering emails, obtaining remote access, and contacting online technical support.

Information may also be collected in the following ways:

1. Browsing Our Site

IP addresses may be collected for the purposes of system administration, to gather broad demographic information, and to monitor the level of activity on our site

Information may be collected regarding the referring URL, which browser you used to come to our site, and the pages of our site that you viewed during your visit and any search terms entered on our sit

Emails may be sent by the customer to Gearheart on this website Gearheart may retain the information in any email that you send to us, such as your name, email, address, or telephone number.

2. Broadband Internet Service

Gearheart may monitor the network and take measurements of network performance and the performance of your Internet connection to improve the customers, or Gearheart’s, overall service levels.

During communications with Gearheart for service support, we may also access information about your customer premise equipment such as computers and wireless modem devices or other device settings to provide customized technical support or to install specific applications or services for your Gearheart reserves the right to access broadband traffic from individual accounts for the purposes of general maintenance and management of the network, as well as upon request by law enforcement office

3. Provision of Information by Third Parties

Gearheart may obtain credit information about you from third parties when you purchase products or services from Gearheart.

3. Gearheart informs customers how information Gearheart obtains about them is used, as well as their options regarding its use.

Gearheart uses customer information in a transparent fashion and discloses to customers the types of information Gearheart obtains about them, how and when that information is used, when that information might be disclosed, the stringent measures we employ to protect that information, and ways that customers can restrict the use or disclosure of that information. This Privacy Policy is available on our Inter Mountain Cable and from Gearheart service representatives.

4. Gearheart gives customers opportunities to control access by Gearheart to customer information and how Gearheart uses individual information about them.

Gearheart is committed to providing customers with opportunities to control how Gearheart uses customer information about them. Customers can express a preference not to be called for marketing purposes (please see Section III, below, for more information on Gearheart’s “Do Not Call” policy). Customers may also opt out of our direct mailings and other service marketing programs. (Please see Section II, below, for information on Gearheart’s policy on the use of “Customer Proprietary Network Information”). A customer may indicate a change in such preferences at any time by contacting Gearheart customer service.

We do use individual customer information internally for planning purposes – so that we can, for example, develop, test and market new products and services that meet the needs of our customers. Ordinarily, such information is combined into aggregations that do not include individual customer identities. Under certain circumstances, we are required by law to disclose the aggregated information to other companies, but in such cases customer identities are not included.

5. Gearheart enables customers to control how Gearheart discloses individual information about them to other persons or entities, except as required by law or to protect the safety of customers, employees, or property.

Ordinarily, Gearheart will only share individual customer information with persons or entities outside the company to assist us in the provision of services to which the customer subscribes. We do not use third-party marketers, nor do we share access to individual customer information derived from the provision of Gearheart telecommunications services with other companies interested in marketing other services to our customers – and we would not do so without the consent of the customer. Gearheart is committed to ensuring that customer information is not used without the knowledge and permission of our customers.

However, there are exceptions to our general practice. For example, unless you request otherwise, we may share certain personal or non-personal information with our affiliated companies with whom we have established business relationships. In addition, if Gearheart enters into a merger, acquisition, or sale of all or a portion of its assets, a customer’s personally identifiable information will, in most instances, be transferred as a part of the transaction, subject to required notices  to affected customers. In addition, we may, where permitted by law, provide information to credit bureaus, or provide information and/or sell receivables to collection agencies, to obtain payment for Gearheart billed products and services.

6. Gearheart strives to ensure that the information we obtain and use about customers is accurate.

Gearheart is committed to ensuring that the information we obtain and use about customers is accurate. To that end, we strive to verify that our customer records are correct. Customers who find an error in their Gearheart bills are encouraged to notify Gearheart. Gearheart’s service representatives are trained to answer customer questions about, and to give customers reasonable access to, the information we have about them. Our service representatives will also provide explanations of how such information is used and how to correct any inaccuracies if they occur.

In addition to reviewing their bills, customers can access their customer information by contacting Gearheart customer service. However, Gearheart will only provide customer information after properly authenticating the identity of the requesting “customer” in accordance with applicable law and industry best practices. In this way, Gearheart can maximize the ability of its customers to review their customer information for accuracy while minimizing the risk that this information falls into the wrong hands. Gearheart service representatives can explain how customers may be authenticated to obtain access to their own customer information.

7. All Gearheart employees are responsible for safeguarding individual customer communications and information.

Gearheart takes reasonable precautions to protect your personal information against unauthorized access. Gearheart requires its personnel to be aware of and protect the privacy of all forms of customer communications as well as individual customer records. Gearheart makes clear that employees who fail to comply with its privacy policies will face disciplinary action, which can include dismissal. All employees are trained regarding their responsibilities to safeguard customer privacy. We strive to ensure that information we have about our customers is accurate, secure, and confidential, and to ensure that our employees comply with our privacy policy.

We never tamper with, intrude upon, or disclose the existence or contents of any communication or transmission, except as required by law or the proper management of our network. Access to databases containing customer information is limited to employees who need it to perform their jobs – and they follow strict guidelines when handling that information. We use safeguards to increase data accuracy and to identify and authenticate the sources of customer information. We use locks and physical security measures, sign-on and password control procedures, and internal auditing techniques to protect against unauthorized use of terminals and entry into our data systems. Gearheart requires that records be safeguarded from loss, theft, unauthorized disclosure, and accidental destruction.

In addition, sensitive, confidential, or proprietary records are protected and maintained in a secure environment. It is our policy to destroy records containing sensitive, confidential, or proprietary information in a secure manner. Hard copy confidential, proprietary, or sensitive documents are made unreadable before disposition or recycling, and electronic media must be destroyed using methods that prevent access to information stored in that type of media.

Just as employees would report stolen property, missing records and suspicious incidents involving records are referred to Gearheart Management. We encourage our employees to be proactive in implementing and enforcing Gearheart’s privacy policies. If employees become aware of practices that raise privacy or security concerns, they are required to report them to their supervisors.

Gearheart’s regulatory department is responsible for ensuring that all Gearheart business units and their employees comply with privacy laws and regulations. Gearheart also requires any consultants, suppliers and contractors that may encounter CPNI to observe these privacy rules with respect to any of our customers’ individual customer information. They must abide by these principles when conducting work for us, and they will be held accountable for their actions.

Gearheart also takes special care to protect the safety and privacy of young people using its services. Gearheart does not knowingly collect information about children. Gearheart believes that children should get their parents’ consent before giving out any personal information. Gearheart encourages parents and legal guardians to participate in their child’s experience using Gearheart’s services. Children should always ask a parent for permission before sending personal information to Gearheart.

While we have made significant efforts to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure and we will not be held liable should a third party illegally obtain your personal information via Internet transmission.

8. Gearheart participates in and supports consumer, government, and industry efforts to identify and resolve privacy issues.

We participate in legislative and regulatory proceedings, industry association efforts, consumer group efforts, and general business group activities relating to telecommunications privacy issues. Our Industry Affairs personnel are responsible for the coordination of Gearheart’s public policy participation.

9. Gearheart complies with all applicable privacy laws and regulations wherever Gearheart does business.

Customer and policymaker perceptions of privacy have changed over time and will continue to do so. Changes in technology can also alter what is appropriate in protecting privacy. Laws may change accordingly. We regularly examine – and update as necessary

– Gearheart’s privacy policies and internal procedures to ensure compliance with applicable law and evolving technology. Gearheart also will monitor customer needs and expectations. Gearheart will work with policymakers and consumers to ensure that we continue to safeguard privacy, giving customers choices, flexibility, and control. Gearheart considers privacy laws and regulations to be the minimum standards to which we will adhere in protecting privacy. In addition to complying with the law, Gearheart will adhere to its internal privacy policies and procedures wherever we do business.

10. Gearheart complies only with valid, properly issued, and legally enforceable third-party requests for access to customer information.

Gearheart may release customer information in response to requests from governmental agencies, including law enforcement and national security agencies, in accordance with federal statutory requirements or pursuant to court order. Before releasing any customer information, Gearheart will ensure that the underlying governmental request satisfies all procedural and substantive legal requirements and is otherwise proper. For example, Gearheart will ensure that any court orders are valid, properly issued, and legally enforceable. Except as required by law or with the approval of the customer, Gearheart will not release any customer information in response to subpoenas or similar requests issued by private parties. Further, Gearheart will be diligent in authenticating the validity of any “governmental” request to ensure that the request originates from an authorized government agency.

SECTION II – USE OF CUSTOMER PROPRIETARY NETWORK INFORMATION

Customers count on Gearheart to respect and protect the privacy of information we obtain in the normal course of providing telecommunications services to our customers. Gearheart is committed to protecting the privacy of all customer information, and in particular the privacy of customer proprietary network information (or CPNI).

1. Definition of “Customer Proprietary Network Information.”

The term “customer proprietary network information” is defined by federal statute to mean:

• information that relates to the quantity, technical configuration, type, destination, location, and amount of use of a telecommunications service subscribed to by any customer of a telecommunications carrier, and that is made available to the carrier by the customer solely by virtue of the carrier-customer relationship; and
• information contained in the bills pertaining to telephone exchange service or telephone toll service received by a customer of a carrier.

2. Use of Customer Proprietary Network Information.

Under federal law, you have the right to, and we have the duty to protect, the confidentiality of your CPNI. However, we may use CPNI without your consent, in a manner consistent with applicable law, to:

• initiate, render, bill, and collect for our services.
• market services among the categories of service to which you already subscribe.
• provide inside wiring installation, maintenance, and repair services.
• provide maintenance and technical support for our services; protect our rights and property, and protect users of our services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, these services; and (vi) provide any inbound telemarketing, referral, or administrative services for the duration of a customer-initiated call.

Further, after providing you with the required notice and opportunity to “opt out,” we may use your CPNI, in a manner consistent with applicable law, to market additional communications-related services to you and conduct surveys to improve our service offerings.

Gearheart will not use your CPNI for purposes other than those described above unless we first obtain your express “opt in” consent. For example, without such consent we will not use CPNI to market services not provided by Gearheart, and will not share your CPNI with third parties (subject to the limitations discussed below).

3. Limits on the disclosure of CPNI outside Gearheart.

As a general rule, Gearheart does not use third-party marketers and will not disclose your CPNI to third party contractors without your explicit “opt in” consent. This means that our records of the services you buy and the calls you make generally will remain private if you choose to keep them so, since we will not ordinarily disclose this information

to outside parties without your permission. However, we will release customer information without involving you if disclosure is required by law, or necessary to protect the safety of customers, employees, or property. For example: When you dial 911, information about your location may be transmitted automatically to a public safety agency.

Certain information about your long-distance calls may be transmitted to your long-distance company for billing purposes.

We will disclose information as necessary to comply with law enforcement statutes, such as to comply with valid, properly issued, and legally enforceable subpoenas, warrants and court orders.

We may, where permitted by law, share CPNI with third parties where necessary to provide the services to which you subscribe, to protect our rights or property, and to protect users of our services and other carriers from fraudulent, abusive or unlawful use of services.

We may, where permitted by law, provide CPNI to third parties such as credit bureaus, or sell receivables to collection agencies, to obtain payment for Gearheart billed products and services.

4. Authentication to prevent unauthorized access to CPNI.

Gearheart is committed to ensuring that only properly authorized individuals can access CPNI for legitimate purposes.

This includes ensuring that any request by a “customer” to access CPNI is valid and properly authenticated, in accordance with applicable law and industry best practices. In general, our internal policies and procedures are designed to ensure that CPNI is not released to unauthorized individuals.

Further, if a “customer” calls us to access “call detail records” (which include the number called, the number from which a call was placed, and the time, location, or duration of any call), we will not release those records unless (i) during the call, the customer provides a pre-established password: (ii) the information is sent to the customer’s address of record; or (iii) after the call, we call the customer’s telephone number of record to provide the requested information. If a “customer” attempts to access CPNI through our website, we will only provide such access if the customer has first established a password and

back-up authentication mechanism for the relevant account, in a manner that does not rely on readily available biographical or account information. If a “customer” attempts to access CPNI by visiting a retail location in person, we will only provide such access if the “customer” presents valid photo identification matching the name of record on the account. (Note that different procedures may apply to certain business customers served by a dedicated account representative where the underlying service agreement addresses CPNI protection and authentication.) We also will notify you at your address of record if anyone changes the access authorization or authentication information associated with your account.

5. Notice of unauthorized access to CPNI.

As a company, we are vigilant in our efforts to protect your CPNI. However, should we become aware that your CPNI has been accessed without proper authority, we will take swift action to fully document and address such unauthorized access and provide appropriate notice. In particular, we will (i) notify law enforcement (including the United States Secret Service and the Federal Bureau of Investigation) within seven business days; and (ii) notify you and any other affected customers within seven business days thereafter, unless earlier notification is necessary to avoid immediate and irreparable harm, or we are instructed by law enforcement personnel to refrain from providing such notice.

SECTION III – Gearheart’S “DO NOT CALL” LIST

Any Gearheart customer can express a preference not to be called by us for marketing purposes, and Gearheart will respect such preference. A customer that does not wish to receive sales calls from Gearheart specifically may ask to be placed on our company specific “Do Not Call” list. We will note the customer’s request immediately, although it may take up to 30 days for the customer’s telephone number to be removed from any active lists or sales programs that are currently underway.

Any customer can ask to be put on our “Do Not Call” list by contacting Gearheart’s customer service department. All customers should call

606.478.9401 or send an email to ContactGH@Gearheart.com.  The requesting customer should provide, at a minimum, the telephone number and/or email address that is the subject of the request, although inclusion of the customer’s name and address is also useful. If a customer is served by multiple telephone numbers, the customer should tell us all numbers that should be placed on the “Do Not Call” list.

A residential customer will remain on our “Do Not Call” list for five years, and a business customer will remain on our “Do Not Call” list for one year, unless the customer asks to be removed from the list by contacting our customer service department. If a customer’s telephone number ever changes, the customer must give us updated information for the “Do Not Call” status to remain in effect.

Notwithstanding the fact that a customer’s telephone number is on our “Do Not Call” list, we may still contact that customer with respect to surveys, billing, and other service-related matters. Further, the customer should understand that being on our “Do Not Call” list will not prevent calls from other companies unaffiliated with Gearheart.

SECTION IV – FURTHER INFORMATION

While we have made significant efforts to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Unfortunately, no data transmission over the Internet cable be guaranteed to be 100% secure and we will not be held liable should a third party illegally obtains your personal information via Internet transmission.

Gearheart reserves the right to change, modify or update this Privacy Policy at any time without notice. In the event of any modification, we will post the changes in this Privacy Policy so that you will always know what information we are gathering and how we might use that information. However, if such changes are material, we will either announce the change on the home page of the site or take such other action as we deem appropriate under the circumstances. Accordingly, you should periodically visit this page to determine the current Privacy Policy to which you are bound.

If you have any questions or comments concerning this Customer Privacy Policy, or if you believe that the Company has not adhered to its privacy policy, please contact Gearheart’s customer service department. You may contact Gearheart via regular mail at:

Gearheart Communications Company

606.478.9401

ContactGH@Gearheart.com

REFUND POLICY

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

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

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

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

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

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

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

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, because 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 headdress 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:
14. This AGREEMENT shall be interrupted, construed, and enforced in accordance with the laws of the Commonwealth of Kentucky.
15. The provisions of this AGREEMENT shall not be changed, amended or supplemented, except by an AGREEMENT in writing signed by LESSOR and CUSTOMER
16. This AGREEMENT constitutes the entire AGREEMENT between the Parties and supersedes all previous agreements or understandings between them with respect to the subject matter hereof.
17. 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:
18. CUSTOMER’S actual cost of procuring the CM or
19. LESSOR’S actual cost of providing CM to the CUSTOMER; or
20. A change in lease payments because of (a) and/or (1) above; or
21. 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.
22. 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.
23. 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.
24. 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.
25. CUSTOMER’S WARRANTY OF UNDERSTANDING:CUSTOMER represents and warrants that it/she/her has read the entire AGREEMENT and fully understands the same.

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

1. DCT/DSK UNIT OWNERSHIP AND USE: The DCT/DSK, if leased, shall always remain in the sole and exclusive property of LESSOR even if attached to real property.  CUSTOMER shall have no rights in the 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.
2. 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.
3. 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

1. LESSOR shall have the right to make such filings as are necessary to evidence LESSOR’S ownership rights in the CUSTOMER agrees to execute all documents as are necessary for such filings.
2. PREMISES: CUSTOMER represents and warrants to LESSOR that the PREMISES is legally in the control and dominion of the CUSTOMER, and that he/she/it is the owner of record of the PREMISES or, if CUSTOMER is a tenant of the PREMISES, that she/he/it has obtained the written consent of the owner of record of the PREMISES to the transactions contemplated by this AGREEMENT in accordance with its terms.  CUSTOMER shall provide LESSOR with proof of such ownership or consent in a form satisfactory to LESSOR upon request.
3. INSTALLATION OF THE 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, though, and in the PREMISES at no cost or charge to LESSOR.  CUSTOMER shall be responsible for any necessary permits, licenses or other authorization required for installation of the CM.  Any reinstallation or change in the location of the CM shall be at CUSTOMER’S expense.  CUSTOMER, or an appointed representative over the age of eighteen, must sign the AGREEMENT as well as any SERVICE AGREEMENT.
4. RELEASE AND LIMITATION LIABILITY: CUSTOMER hereby releases and holds harmless LESSOR and each of their employees, agents, or representatives, officials, and partners, and all other related persons from all claims, demands, causes of action, or suits of any nature or kind, and hereby assumes all risks of damages in any way related to the use or operation of the DCT/DSK or the SERVICE.
5. LESSOR shall have no liability for any interruptions of the DCT/DSK, which results from causes beyond the reasonable control of the LESSOR.
6. In no event shall LESSOR be liable for any incidental, consequential, punitive or special damages for any claim arising from this agreement or the performance of lessor hereunder.
7. INSURANCE: CUSTOMER shall keep the DCT/DSK insured against all loss or damage, from any cause, whatsoever. The Insurance shall be in the form and amount satisfactory to lessor.
8. TAXES: During the term, CUSTOMER shall pay all taxes, charges or assessments imposed by a federal, state, or local governments arising from the use of the DCT/DSK or the providing of the SERVICE, other than federal, state, or local income taxes of LESSOR.
9. ASSIGNMENT: LESSOR shall have the right to assign this AGREEMENT and to delegate all or any part of its rights, duties, and obligations hereunder, to any third party.  Neither this AGREEMENT, nor any interest-herein, may be assigned by CUSTOMER without first obtaining the written consent of LESSOR.
10. TERMINATION: This LEASE cannot be cancelled or terminated, except as expressly provided, herein, CUSTOMER hereby agrees that their obligation to pay all charges for service and perform all other obligation hereunder shall be absolute, irrevocable, unconditional and independent and shall be paid and performed without the abatement, deduction or offset of any kind or nature whatsoever.  To the extent permitted by applicable law, CUSTOMER also hereby waives any rights now of hereafter conferred by stature or otherwise which may require LESSOR to sell, lease, or otherwise use any 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 IMCTV_CATV. 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.

To contact us about terminating your Inter Mountain Cable Service(s) / Mikrotec CATV please dial: 1.606.478.9406 or email us.

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, because 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 headdress 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 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.

* Unlimted Long Distance only applies to normal residential usage.

Inter Mountain Cable / Mikrotec CATV Unlimited Long Distance Plan is available only with Inter Mountain Cable / Mikrotec CATV 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 / Mikrotec CATV 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 / Mikrotec CATV 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.

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.

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 TRANSPARENCY statement

Gearheart Communications Company, Inc. (Gearheart or “Company”) provides this Network Transparency Statement in accordance with the FCC’s Restoring Internet Freedom Rules to ensure that you have sufficient information to make informed choices about the purchase of broadband services. Information about Gearheart’s other policies and practices concerning broadband are available on the Gearheart Website

Gearheart engages in network management practices that are tailored and appropriate for achieving optimization on the network considering the network architecture and technology of its broadband Internet access service. Gearheart’s goal is to ensure that all its customers experience a safe and secure broadband Internet environment that is fast, reliable and affordable. Gearheart wants its customers to indulge in all that the Internet has to offer, whether it is social networking, streaming videos, and music, to communicating through email and videoconferencing.

Gearheart will not unjustly or unreasonably prevent or interfere with competition among Content, Applications, Service, or Device Providers.

Gearheart’s network management includes congestion- and security-protocol-management and customers generally will not be impacted by the protocols and practices that Gearheart uses to manage its network.

Gearheart’s Network Transparency Disclosures

 Gearheart uses various tools and industry standard techniques to manage its network and deliver fast, secure, and reliable Internet service. Gearheart believes in full transparency and provides the following disclosures about its network management practices:

1. Blocking: Gearheart does not block or discriminate against lawful content.
2. Throttling: Gearheart does not throttle, impair, or degrade lawful Internet traffic.
3. Affiliated Prioritization: Gearheart does not prioritize Internet traffic and has no plans to do so.
4. Paid Prioritization: Gearheart has never engaged in paid prioritization. We don’t prioritize Internet for consideration to benefit content, applications, services, or devices. Gearheart does not have plans to enter paid prioritization deals to create fast lanes.
5. Congestion Management: Gearheart monitors the connections on its network in the aggregate on a continuous basis to determine the rate of utilization. If congestion emerges on the network, Gearheart will take the appropriate measures to relieve congestion.

On Gearheart’s network, all customers have access to all legal services, applications, and content online and, in the event of congestion, most Internet activities will be unaffected.  Some customers, however, may experience longer download or upload times, or slower surf speeds on the web if instances of congestion do occur on Gearheart’s network.

Customers using conduct that abuses or threatens the Gearheart network or which violates the company’s Acceptable Use Policy, Internet service Terms and Conditions, or the Internet Service Agreement will be asked to stop any such use immediately.  A failure to respond or to cease any such conduct could result in service suspension or termination.

Gearheart’s network and congestion management practices are ‘application-agnostic’, based on current network conditions, and are not implemented based on customers’ online activities, protocols, or applications. Gearheart’s network management practices do not relate to any customer’s aggregate monthly data usage.

Gearheart also checks for abnormal traffic flows, network security breaches, malware, loss, and damage to the network. If a breach is detected or high-volume users are brought to light by complaint, Gearheart provides notification to the customer via email or phone.  If a violation of Gearheart’s policies has occurred and such violation is not remedied, Gearheart will seek to suspend or terminate that customer’s service.

1. Application-Specific Behavior: Except as may be provided elsewhere herein, Gearheart does not currently engage in any application-specific behaviors on its network. Customers may use any lawful applications with Gearheart.
2. Device Attachment Rules: Customers must use PPPoE for authentication of point-to-point connections between devices on the network. There is a limit of one (1) PPPoE session per account.  For best results, DSL modems, wireless modems, or other proprietary network gateways used on the Gearheart broadband network should be provided by Gearheart. Customers may attach devices of their choosing to their modems, including wired or wireless routers, laptops, desktop computers, video game systems, televisions, or other network-enabled electronics equipment. However, customers are responsible for ensuring that their equipment does not harm Gearheart’s network or impair the service of other customers. Gearheart is not responsible for the functionality or compatibility of any equipment provided by its customers. Customers are responsible for securing their own equipment to prevent unauthorized access to Gearheart’s broadband network by third parties and will be held responsible for the actions of such third parties who gain unauthorized access through unsecured customer equipment.
3. Network Security: Gearheart knows the importance of securing its network and customers from network threats and annoyances. The company promotes the security of its network and patrons by protections from such threats as spam, viruses, firewall issues, and phishing schemes.  Gearheart also deploys spam filters to divert spam from an online customer’s email inbox into a quarantine file while allowing the customer to control which emails are identified as spam.  Customers may access the spam files through the email.  Spam files are automatically deleted if not accessed within 30 days.

As its normal practice, Gearheart does not block any protocols, content, or traffic for purposes of network management, but Gearheart may block or limit such traffic as spam, viruses, malware, or denial of service attacks to protect network integrity and the security of our customers.

Network Performance

1. Service Descriptions Gearheart deploys hardwired broadband Internet access to its subscribers via [DSL, Fiber, Ethernet] technologies.
2.  Network Performance Gearheart makes every effort to support advertised speeds and will dispatch repair technicians to customer sites to perform speed tests as needed to troubleshoot and resolve speed and application performance caused by Gearheart’ network.  Gearheart measures availability, latency, and aggregate utilization on the network and strives to meet internal service level targets.  Gearheart is also required by the FCC to test a random set of customers for speed and latency periodically during the year. This transparency statement discloses that Gearheart will perform these tests. If additional equipment is required for a selected customer for this testing, Gearheart will contact the customer to schedule installation of the equipment. However, the bandwidth speed at which a particular distant website or other Internet resources may be downloaded, or the speed at which your customer information may be uploaded to a distant website or Internet location is affected by factors beyond Gearheart’ control, including the speed of the connection from a distant web server to the Internet, congestion on intermediate networks, and/or limitations on your own computer equipment, including a wireless router.  In addition, your service performance may be affected by the inside wiring at your premise.  Accordingly, you, the customer, must consider the capabilities of your own equipment when choosing a Gearheart broadband service. Your computers and/or wireless or other networks in your homes or offices may need an upgrade to take full advantage of the chosen Gearheart broadband plan. For the wireless service, Gearheart measures Signal Strength, Noise, Throughput and Capacity for transmission rates every 15 min.  For DSL, Fiber and T1 service, Gearheart Measures bit Error Rate (BER) every 5 min.

Gearheart tests each service for actual and expected access speeds at the time of network installation to demonstrate that the service can support the advertised speed.

Customers may also test their actual speeds using the speed test located at www.speedtest.net on Gearheart’ website and may request assistance by calling our business office at 606.478.9401 or by email at contactgh@gearheart.com.

Based on the network information Gearheart receives from its monitoring efforts, Gearheart’s network is delivering data transmission rates advertised for the different high-speed Internet services. To be sure, Gearheart has implemented a program of testing the performance of its network by using a test protocol like the one sanctioned by the FCC.  We installed specific network performance monitoring equipment at aggregation points across our network and conducted a series of tests using this equipment. Gearheart reports the results of this testing below. This result applies to both upload and download data rates, and applies for measurements made both at peak times and over a 24-hour period:

DOWNLOAD SPEEDS

 UPLOAD SPEEDS

The FCC has defined two types of broadband services: Broadband Internet Access Service (“BIAS”) and Non-Broadband Internet Access Service (“Non-BIAS”) service.  BIAS is a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, Internet endpoints.  Non-BIAS services include services offering connectivity to one or a small number of Internet endpoints for a particular device (i.e. heart monitors) or don’t provide access to the internet at all.  Non-BIAS (previously known as “Specialized Services”) may share capacity with BIAS over the last-mile facilities. If both are offered, they may compete for bandwidth in the last mile.

Gearheart provides Voice-over-the-Internet-Protocol (VoIP) to its fixed wireless customers.  The VoIP traffic uses private RFC 1918 addresses, dedicated paths for VoIP and QoS on the routers/switches it touches.  The QoS priority is based on the source and destination IP.  Where VoIP traffic is combined with best effort Internet traffic and QoS priority is employed, the network could endure marginal delays if there are instances of bandwidth contention, although very unlikely.

The Company offers IP video service to end-users. This non-BIAS data service does not adversely affect the last-mile capacity available for the Company’s broadband Internet access services, or the performance of such services. Customer should note that significantly heavier use of non-BIAS services (particularly IP video services) may impact the available capacity for and/or the performance of its broadband Internet access services. The Company will monitor this situation, and appreciates feedback from its customers.

 Commercial Terms

Pricing and additional service information may be found here.

In addition to this Network Transparency Statement, patrons may also find links to the following on the Gearheart Website:

For questions, complaints or requests for additional information, please contact Gearheart at 606.478.9401.

GEARHEART COMMUNICATIONS COMPANY, INC.

Transparency Frequently Asked Questions (FAQs)

What is Transparency?

Transparency, when used with respect to Internet access and the Restoring Internet Freedom proceeding under the FCC, is the light-touch framework of rules implemented to preserve Internet openness and freedom for consumers to access the content, services, and devices of their choice.

Which parts of the network does Gearheart manage?

Gearheart Communications Company, Inc. (Gearheart) manages only the portion of the network that begins on the outside of the customer’s home up to the point where the internet traffic is handed off to the public network. Gearheart does not control the equipment inside the customer premises such as routers, computers, application software, and inside wire, which can affect the performance of the broadband service.  Gearheart also does not control the operation of specific websites that may slow down during busy periods or the overall performance of the public internet.

Why does Gearheart manage its network?

Gearheart manages its network to provide the ultimate broadband Internet service to its customers. Gearheart acknowledges that bandwidth and network resources are not infinite and must be reasonably confined.  In order to bring you the best possible broadband Internet experience, Gearheart enforces network management policies that limit network congestion and delay while ensuring that all Internet content is treated equally and is not unlawfully blocked or degraded.  Gearheart’s network management practices are intended to protect the network, and Gearheart’s customers, from network congestion, threats to the network, security attacks, viruses, and spam. Gearheart manages its network in a way that is transparent and nondiscriminatory.

How does Gearheart manage its network?

Gearheart has policies in place to ensure that customers can access the lawful Internet content of their choice, run the Internet applications of their choice and promote the continued development of the Internet. Gearheart’s network management practices are nondiscriminatory and minimally intrusive. Gearheart will use one or more of the following industry standard techniques to manage its network. This list is not exhaustive:

1. Monitoring the network to identify congestion, security breaches, malware or damage to the network;
2. Rerouting Internet traffic to relieve congestion;
3. Port Filtering;
4. Additions or upgrades to increase network capacity;
5. Enforcement of Acceptable Use Policy, Terms and Conditions of Service, and/or Service Agreements against customers abusing the network;
6. Enforcement of Usage Thresholds limiting the amount of data that can be uploaded or downloaded within stated time periods;
7. Using security protocols to ensure authentication of customers;
8. Providing resources to customer’s for identifying and reporting spam, viruses, firewall issues, and phishing schemes;
9. Filtering spam;
10. Preventing viruses from harming the network; and
11. Thwarting denial of service attacks

Network management practices are a necessity to guard against harmful threats to the network such as network congestion, security attacks, excessive spam, and viruses.  Gearheart believes in full transparency and provides disclosures in its Network Transparency Statement (present here at www.imctv.com/legal)regarding these practices specifically: Blocking, Throttling Affiliated and Paid Prioritization, Congestion Management, Application-Specific Behavior, Device Attachment Rules, and Network Security. Gearheart’s reasonable network management practices ensure that you will have the best possible broadband Internet experience.

Will Gearheart’s network management impact my online experience?

Gearheart uses reasonable network management tools and practices that are minimally intrusive to its customers and are consistent with industry standards. In accordance with Gearheart’s Policies: Network Transparency Statement, Terms and Conditions for Service, Broadband Internet Acceptable Use Policy (“AUP”), and the Internet Service Agreement, Gearheart has provided standard descriptions of its Broadband Internet Access Service and Customers have agreed to comply with all current bandwidth, data storage, and other limitations on Gearheart’ Broadband Internet Access Services.  Thus, Gearheart’s tools and practices will generally impact only users that have violated the terms of Gearheart’ Policies.  Users are also more likely to experience an impact on online experience during peak periods where congestion is prevalent.

What can I expect if I am in violation of Gearheart’s Broadband Internet Access Service Policies?

If you, the customer, are in violation of any of the foregoing, the impact to your online experience will include, but will not necessarily be limited to, any one or all of the following:

1. notification by Gearheart that you are in violation of the company’s Policies, terms and conditions or agreement and given a reasonable timeframe in which to take corrective action;
2. removal or blockage of material that has resulted in the violation including, but not limited to, illegal content;
3. suspension or delay of the delivery of email if deemed excessive;
4. filtering of Internet transmissions; and
5. suspension or termination of your Broadband Internet service account;

Customers could also experience longer download or upload times or slower web surfing.

Will I be suspended from the network if I use certain applications?

Unless noted otherwise in Gearheart’s Network Transparency Statement, Gearheart does not discriminate between applications. Gearheart’s network management practices are primarily application-agnostic.  Thus, Gearheart generally will not manage its network congestion or security protocols based on applications being used by its customers on the Gearheart’s broadband Internet service. Gearheart’s network management is based on current network conditions and the aggregate amount of bandwidth being used by customers.

How will I know if my account is suspended because of a violation of Gearheart’s Policies? Generally, you will have received a notification from Gearheart that you have committed a violation and would have been given a period during which to take corrective action.  If, however, your violation persists, you will discover that you are unable to access the Internet through Gearheart’s Broadband Internet service.  You will be unable to surf the web or conduct online activities.

What should I do if my account is suspended?

If your account is suspended, you should contact Gearheart at 606.478.9401 or ContactGH@Gearheart.com and follow Gearheart’s instructions for reinstating service.

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.

You agree to comply with the rules of the Service and the appropriate rules for other networks or services connected directly or indirectly to the Service, including Acceptable Use Policies established for the Internet as a whole.

You acknowledge that all references herein to Gearheart refer to the company and its affiliates, suppliers, and agents.

The Service may only be used for lawful purposes for your individual use. You agree to use responsible Internet practices, including, without limitation, using computer security and anti-virus protections, to ensure that unauthorized third parties do not gain access to your computer or computer network or the Service.

1. RESTRICTIONS ON NETWORK & USAGE, CONDUCT & INFORMATION, AND TECHNICAL USE

You further agree not to:

1. Resell the Service, permit the use of the Service by any unauthorized users, or otherwise make available to anyone outside the Premises the ability to use the Service (i.e., through wi-fi or other methods of networking), in whole or in part, directly or indirectly.
2. Restrict or inhibit any other user from using and enjoying the Internet.
3. Restrict, inhibit, interfere with, or otherwise disrupt performance of the Service or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Gearheart (or Gearheart supplier) host, server, backbone network, node or service.
4. Connect the Gearheart Equipment to any computer outside of your Premises.
5. Interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host.
6. Access and use the Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure the Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless expressly permitted to do so by Gearheart.
7. Post or transmit any message, data, image, or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
8. Post or transmit emails or other information or software which contains a virus, malicious code, spyware, adware, cancelbot, trojan horse, worm or another harmful component.
9. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purpose (other than as expressly permitted by Gearheart with regards to such information, software or other material); Upload, post, publish, transmit, reproduce, or distribute in any way, information, software, or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
10. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind (as determined in Gearheart’s sole discretion), including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the S. export control laws and regulations;
11. Transmit spam (i.e., mass unsolicited email messages) or flames (the sending of a large number of email messages to a single or multiple addresses);
12. Gain or attempt to gain unauthorized access to or otherwise disrupt or deface websites, networks, systems or accounts owned by Gearheart or any third parties, including without limitation, through the use of worms, trojan horses, denial of service attacks or other computer hacking techniques, disrupt the Service or network connectivity of Gearheart or any third parties, misuse Gearheart or third-party facilities or create fraudulent accounts; or
13. Avoid incurring charges for or otherwise being required to pay for usage of the Service.
14. Invade another person’s privacy, stalk, harass, or otherwise violate the rights of other persons;
15. Undertake or accomplish any unlawful This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
16. Post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful;
17. Upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
18. Collect, or attempt to collect, personal information about third parties without their consent;
19. Send voluminous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service;
20. Initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;
21. Participate in the collection of voluminous amounts of email addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
22. Collect responses from unsolicited bulk messages;
23. Falsify, alter, or remove message headers;
24. Falsify references to Gearheart or its network, by name or other identifier, in messages;
25. Impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”);
26. Violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or Web site that you access or
27. Use the Internet service or facilities for web-hosting, email hosting, or other unusually high-bandwidth consumption unless you have made special subscription arrangements with Gearheart and the usage does not otherwise violate law or regulation;
28. Access any other person’s computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
29. Use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
30. Copy, distribute, or sublicense any proprietary software provided in connection with the Service by Gearheart or any third party, except that you may make one copy of each software program for back-up purposes only;
31. Distribute programs that make unauthorized changes to software (cracks);
32. Service, alter, modify, or tamper with the Gearheart Equipment or Service or permit any other person to do the same who is not authorized by Gearheart;

1. CUSTOMER OBLIGATIONS & COMPANY RIGHTS

Customer Obligations

In addition to being responsible for your own compliance with this AUP, you are also responsible for any use or misuse of the Service that violates this AUP, even if it was committed by a friend, family member, or guest with access to your Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Service by, for example, strictly maintaining the confidentiality of your Service login and password. In all cases, you are solely responsible for the security of any device you choose to connect to the Service, including any data stored or shared on that device. It is also your responsibility to secure the Customer Equipment and any other Premises equipment or programs not provided by Gearheart that connects to the Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.

Gearheart’s Rights

Gearheart reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of this AUP, or otherwise harmful to Gearheart’s network or customers using the Service, regardless of whether this material or its dissemination is lawful so long as it violates this AUP.

Gearheart has no obligation to monitor the Service or your use of the Service. However, you agree that Gearheart has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation, or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Gearheart will not intentionally monitor or disclose any private email message, except as stated above. Gearheart reserves the right to refuse to post, to block or remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of its AUP, the Subscriber Agreement or applicable law. Gearheart may further deny any person or entity access to all or part of its system, without notice, if such person or entity engages in any conduct or activities that Gearheart, in its sole discretion, believes violates any of its AUP.

Gearheart may deny you access to all or part of the Service without notice if you engage in any conduct or activities that Gearheart in its sole discretion believes violates any of the terms and conditions in this AUP. If Gearheart denies you access to the Service because of such a violation, you shall have no right to access the Internet or your email account through Gearheart.

III.    NETWORK MANAGEMENT AND LIMITATIONS ON DATA CONSUMPTION

Gearheart manages its network with the goal of delivering a fast, safe, and uncompromised broadband Internet experience to all its customers. But high-speed bandwidth and network resources are not unlimited. Managing the network is essential for the promotion of best possible Broadband Internet experience by all Gearheart’s customers. Gearheart uses reasonable network management and testing practices that are consistent with industry standards. In addition, Gearheart is required by the FCC to test a random set of customers for speed and latency periodically during the year.  By using this service, Customer agrees to allow Gearheart to perform these tests.  Gearheart tries to use tools and technologies that are minimally intrusive and, in its independent judgment guided by industry experience, among the best in class. Of course, the company’s network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet.

If Gearheart didn’t manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of service. By engaging in responsible network management, including enforcement of this AUP, Gearheart can deliver the best possible broadband Internet experience to all of its customers.

Network Usage and Data Consumption Restrictions

You acknowledge that all the Gearheart Internet services are intended for periodic, active use of email, user newsgroups, transfers via FTP, Internet chat, Internet games, and browsing of the Internet. You must comply with all current bandwidth, data storage, and other limitations on the Gearheart Internet services that have been established by Gearheart and Gearheart suppliers. You agree not to intentionally use the Gearheart Internet service on a standby or inactive basis to maintain a

connection. The excessive use or abuse of Gearheart’s network resources by one Customer may have a negative impact on all other Customers. Accordingly, in addition to the Prohibited Uses and Activities provided in Section I, you may not use the Gearheart Internet service or take any action, directly or indirectly, that will result in excessive consumption or utilization of the system or network resources, or which may weaken network performance, as determined in Gearheart’s sole discretion. Such prohibited actions include but are not limited to using the Gearheart Internet Services to host a web server site which attracts excessive traffic at your location, continuously uploading or downloading streaming video or audio, use net hosting, continuous FTP uploading or downloading, or acting in a manner that negatively effects other users’ ability to engage in real time exchanges and use of the Gearheart Internet Services.

Gearheart reserves the right to suspend or terminate Service accounts where data consumption is not characteristic of a typical user of a similar Services account as determined by Gearheart in its sole discretion.

Common activities that may cause excessive data consumption in violation of this AUP include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol (“FTP”), (ii) peer-to-peer applications, and (iii) newsgroups. You must also ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other person’s use of the Service, nor represent (as determined by Gearheart in its sole discretion) an overly large burden on the network. In addition, you must ensure that your use of the Service does not limit or interfere with Gearheart’s ability to deliver and monitor the Service or any part of its network.

If you use the Service in violation of the restrictions referenced above, that is a violation of this AUP. In these cases, Gearheart may, in its sole discretion, suspend or terminate your Service account or request that you subscribe to a higher tier of the Service if you wish to continue to use the Service at higher data consumption levels. Gearheart may also provide versions of the Service with different speed and data consumption limitations, among other characteristics, subject to applicable Service plans.

Gearheart’s determination of the data consumption for Service accounts is final.

1. VIOLATION OF THIS ACCEPTABLE USE POLICY

Gearheart reserves the right to immediately suspend or terminate your Service account and terminate the Subscriber Agreement if you violate the terms of this AUP or the Subscriber Agreement.

Gearheart does not routinely monitor the activity of individual Service accounts for violations of this AUP, except for determining aggregate data consumption in connection with the data consumption provisions of this AUP. However, in the company’s efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Service. Gearheart has no obligation to monitor the Service and/or the network. However, Gearheart and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content to, among other things, operate the Service; identify violations of this AUP; and/or protect the network, the Service and Gearheart users.

Gearheart prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action.

Gearheart also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without Gearheart’s intervention. However, if the Service is used in a way that Gearheart or its suppliers, in their sole discretion, believe violates this AUP, Gearheart or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service (including but not limited to newsgroups). Neither Gearheart nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not Gearheart’s exclusive remedies and Gearheart may take any other legal or technical actions it deems appropriate with or without notice.

Gearheart reserves the right to investigate suspected violations of this AUP, including the gathering of information from the user or users involved and the complaining party ,ifany, and examination of material on Gearheart’s servers and network. During an investigation, Gearheart may suspend the account or accounts involved and/or remove or block material that potentially violates this AUP. You expressly authorize and consent to Gearheart and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this AUP. Upon termination of your Service account, Gearheart is authorized to delete any files, programs, data, email and other messages associated with your account (and any secondary accounts).

The failure of Gearheart or its suppliers to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD Gearheart HARMLESS FROM ANY AND ALL LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RELATED TO ANY VIOLATION OF THIS AUP BY YOU OR AUTHORIZED USERS OF YOUR ACCOUNT, OR IN CONNECTION WITH THE USE OF THE SERVICE OR THE INTERNET OR THE PLACEMENT OR TRANSMISSION OF ANY MESSAGE, INFORMATION, SOFTWARE OR OTHER MATERIALS ON THE INTERNET BY YOU OR USERS OF YOUR ACCOUNT. Your indemnification will survive any termination of the Subscriber Agreement.

1. REDRESS AND GOVERNING LAW

Governing Law / Resolution of Disputes – Arbitration

Any dispute or claim between you, the Customer, and Gearheart arising out of or relating to the service provided in connection with this AUP or the Subscriber Agreement shall be resolved by arbitration (“Arbitration”), unless otherwise specified in Customer’s individual Subscriber Agreement. To the extent that there is a conflict regarding this Arbitration provision, the Customer’s individual Subscriber Agreement supersedes the Terms and Policies of the individual Services.

The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final and binding. The parties agree that no arbitrator has the authority to: (i) award relief more than what the Subscriber Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually, and Customer will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in Arbitration. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.

 Governing Law / Resolution of Disputes – Governing Law

The Agreement and the relationship between you and Gearheart shall be governed by the laws of the state of Kentucky without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with the Arbitration provision herein, you and Gearheart agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Kentucky and waive any objection as to venue or inconvenient forum. The failure of Gearheart to exercise or enforce any right or provision of this AUP or the Subscriber Agreement shall not constitute a waiver of such right or provision. If any provision of this AUP or the Subscriber Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this AUP or the Subscriber Agreement remain in

full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service, this AUP or the Subscriber Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

1. COPYRIGHT INFRINGEMENT

Gearheart’s policy for addressing copyright infringement can be found on our Inter Mountain Cable Legal Page

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.

James O Campbell, CPA, CFO
Gearheart Communications, Inc.
Inter Mountain Cable, Inc.
20 Laynesville Road
Harold KY 41635
(O)  606.478.9401
(F)  606.478.8944

jcamp@mis.net<mailto:jcamp@mis.net>

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.

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.

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 .

FCC PUBLIC FILING LINKS:

FCC 396-C 2015
FCC 396-C 2016
EEO REPORT

EEO REPORT 2022

EEO REPORT 2023

COPYRIGHT INFRINGEMENT ENFORCEMENT POLICY

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

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

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

Reporting Infringement

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

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

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

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

Designation of Agent to Receive Notification of Claimed Infringement

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

Alternative Name: Coalfields Telephone Company, East Kentucky Internet

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

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

P.O. Box 160, Harold, KY 41635

Telephone of Designated Agent: 606.479.6156

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

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

Counter-Notification in Response to Claim of Copyright Infringement

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

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

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

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

Equal Employment Opportunity Policy Statement

It is the policy of Gearheart Communications that all applicants for employment are recruited, hired, and assigned on basis of merit without discrimination because of race, religion, color, gender, age, national origin, disability, or veteran status. The employment policies and practices of Gearheart Communications and our family of companies have been and will continue to be such as to ensure that all employees are treated equally and that no distinctions are made in compensation or opportunities for advancement, including upgrading, promotion, and transfer, because of the employee’s color, religious belief, race, gender, age, national origin, disability, or veteran status. We further recognize that the effective application of a policy of equal employment involves more than just a policy statement. Therefore, we shall take affirmative action to communicate the fact that equal employment opportunities are available based on individual merit and encourage all persons who see employment with Gearheart Communications and its family companies to strive for advancement on this basis.

SMS Services Terms of Use for “Gearheart Communications”

“Gearheart Communications” provides an SMS text messaging service using toll free number(s) or 10DLC to send and receive SMS text messages for SMS notifications and conversational messages.

How to Opt-in: To opt-in to receive information via SMS, users may do so by request during a phone call to the contact center verbally, during an in-person conversation, via webform or hard copy form or by sending a message to a toll number or toll free number.

How to Opt-out: To opt-out of our SMS service, text STOP to the toll or toll free number from which you have received an SMS message. You will be unsubscribed immediately from receiving messages from that specific number going forward unless you opt-in to that number again. You will receive an SMS confirming that you have been unsubscribed and you will not receive any additional messages unless you opt-in to the service with a subsequent request. To opt-in to that number again, you will need to send UNSTOP.

How to get help or support: To get help text or call the toll or toll free number you received messages from.

Fees: Our service never charges consumers to send or receive text messages. However, message and data rates may apply, depending on the terms of your individual cell service plan.

DISALLOWED CONTENT: We are compliant with all Carrier rules and will not send disallowed content over this service. Only content allowed by the 10DLC and TFN SMS service that have been approved by the carriers will be transmitted.