PRIVACY POLICY:

You are entitled under federal law to know the following:

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

REFUND POLICY:

Any adjustment and/or refund shall determined by Gearheart Home Security on a case by case basis. You can contact our Gearheart Home Security office by dialing: 1.800.264.1730 or Email Us.

TERMS OF USE POLICY

Gearheart Communications Inc., Inter Mountain Cable Inc. & Gearheart Home Security Rules and Regulations and Acceptable Use Policy

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

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

Privacy

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

Account Suspension and Cancellation

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

File Transfer Restrictions

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

Change of Terms, Condition and Services

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

System Use Policies

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

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

1. Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services reserves the right to remove from public view any material or content brought to its attention which violates this AUP.
2. The services you purchase from Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services are not transferable. You may not resell or share your Gearheart Communications Inc., Inter Mountain Cable Inc. & Mikrotec Internet Services account services.

Roaming

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

Information Policy

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

Procedures & Accounting Matters

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

User responsibility

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

9.1 Usage Threshold Policy

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

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

USAGE ALLOWANCE PER SERVICE TIER

Download/Upload – Usage Threshold

10 Mbps / 5 Mbps – 500 Gig/Mo.
25 Mbps / 5 Mbps – 1,000 Gig/Mo.
50 Mbps / 5 Mbps – 1,000 Gig/Mo.
100 Mbps / 10 Mbps – 1,500 Gig/Mo.
300 Mbps / 20 Mbps – 2,000 Gig/Mo.
500 Mbps / 40 Mbps – 3,000 Gig/Mo.
750 Mbps / 40 Mbps – 3,000 Gig/Mo.

The Strictly Legal Stuff

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

Disclaimer and limitation liability

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

Indemnification

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