You, as a user of Bardstowncable.net and any users of your account agree to the following terms of this Service Agreement ("Agreement").   If you do not agree to or understand anything within these terms, please contact us immediately. The terms of this Agreement may change at any time. The effective date of these terms is at the time of posting of this Agreement. Please check this page frequently for any updates. By subscribing to Bardstowncable.net you have agreed to these terms.

Cable Modem Use: Terminal logged on. Since Bardstowncable.net Cable Access is "always on" you never have to log off.

Telco-return Use: Being physically present at your terminal and logged on. Logging off is unnecessary, however, after one half hour of inactivity your telephone connection will be terminated.

Cable Modem Unlimited Access: The ability to logon to Bardstowncable.net at anytime without hourly fees for any use that is consistent with this policy.

Telco-return Modem Unlimited Access: The ability to logon to Bardstowncable.net at anytime without hourly fees for any use, which is consistent with this policy.

Customer: The account holder or any member of their immediate family residing at the service address.

Netiquette: Netiquette is the rule of good behavior on the Internet. Disregarding this rule is a violation of Bardstowncable.net policy. Refer to the Net Abuse section of this Agreement for an explanation. Please refer to http://www.albion.com/netiquette/ for further explanations.

The cable modem bill is a part of the Bardstown Cable TV bill.  Billing begins on the date of the modem installation.  Bills are sent out at the beginning of each month for that month.

A customer must be a minimum of 18 years of age in order to order to Bardstowncable.net.

Bardstowncable.net will not be held responsible for any telephone charges including long distance, per-minute surcharges or equipment and hardware costs incurred by the user. These charges are exclusively between the user and the telephone provider and hardware installer. The user should always check first with their local telephone company prior to using any Telco-return telephone number.

Rate Change
Bardstowncable.net reserves the right to change monthly recurring fees, connection fees, and equipment fees or to add new fees at any time with 30 days prior notice. If service has been prepaid, the new charges will not become effective until the expiration of the pre-payment.

Changes to Service and/or Billing
A customer may call to make a change to his/her service. Billing or service change begins on the day the change is effected.

Delinquency
Customer agrees to pay a 15% collection fee plus court costs in addition to the amount owed. In the event that customer fails to pay Bardstowncable.net, all amounts due under this agreement and if Bardstowncable.net refers this matter to an attorney, customer agrees to pay, in addition to the amount due, any and all costs incurred by Bardstowncable.net as a result to such action, including a reasonable attorney's fee.

Billing Disputes
Customers have 30 days to register a billing dispute with Bardstowncable.net. Bardstowncable.net will notify the customer within 21 days of receipt of said billing dispute and will work toward resolution within 30 days. The Customer is still required to submit the undisputed portion of the bill.  Please always notify us first of any billing questions.

Disconnection of Service
Bardstowncable.net reserves the right to terminate access to Bardstowncable.net accounts immediately without notice, upon the rejection of any credit cards.

Reconnection of Service
A customer disconnected for non-payment will be required to pay the balance in full and a reconnection fee of $10.00 before service will he reconnected. Bardstowncable.net may also impose a security deposit based on payment history. Disconnected customers who choose not to reconnect are responsible for their outstanding balance including collection fees incurred by Bardstowncable.net as well as the return of any Bardstowncable.net equipment. If said equipment is not returned in proper working order, the customer will be billed $300.00 for each cable modem. Bardstowncable.net has the right to pursue legal action to enforce payment and the return of its equipment. Any Customer who wishes to reconnect who has a write-off balance, must pay the reconnection fee, the balance in full, any collection fees incurred by Bardstowncable.net, and a security deposit.

Credits for Outages
Bardstowncable.net will issue a credit for an outage lasting in excess of 24 hours only to customers who apply for said credit. The credit will be equal to 24 hours of the monthly rate for Bardstowncable.net according to the billing plan the Customer has chosen. Within 30 days of an outage, a customer may request credit in writing or by phone. The company will not issue credit if the outage was power or storm related or if the Bardstowncable.net technician was prevented from gaining access to the equipment to fix the problem. Outages are defined as a total loss upstream and downstream data flow.

Refunds
Customers who have pre-paid for service are entitled to a full refund of any whole months of service paid for but not used. Partial months and installation fees are non-refundable. If there are other outstanding balances for City of Bardstown Communications services, Bardstowncable.net reserves the right to apply the refund to unfulfilled balances

Changes in Billing Information
A user must promptly notify Bardstowncable.net of any of the following changes to:
1.) The subscriber's home or billing address.
2.) Any suspected breaches of security such as: theft, loss or unauthorized use of a credit card.

Service Termination
 

Termination of Service:
A customer cannot assume that their account automatically terminates when their payment remittances cease. Bardstowncable.net requires verbal or written notification of termination when canceling our service.  

Install in a professional manner and in locations mutually acceptable to Bardstowncable.net and Customer, equipment and materials necessary to furnish Internet access services to Customer.

Maintain and repair its equipment so as to minimize interruptions or degradation of service.

At the request of the Customer and upon payment of the appropriate fee, maintain, repair, and replace the internal wiring. Otherwise, Bardstowncable.net shall have no responsibility for the maintenance of the internal wiring.  

Pay all installation, service and other charges according to Bardstowncable.net’s rate schedule applicable at the time services are rendered. Upon Customer’s failure to make timely payment, Bardstowncable.net may impose late fees and/or terminate service and remove it’s equipment. Customer agrees to keep their cable television bill current. Failure to keep the cable television bill current can result in the disruption and/or termination of Bardstowncable.net service.

Provide Bardstowncable.net installers a safe working environment.

Assume complete responsibility for improper use, damage or loss of any equipment furnished by Bardstowncable.net.

Allow Bardstowncable.net reasonable access into the Customer’s premises for the purpose of installation, demonstration, inspection, maintenance, repair, and removal of equipment in the Customer’s premises.

Make no assignment of this agreement, or any rights, or obligations hereunder. Any attempted assignment shall constitute an act of default.

Indemnify Bardstowncable.net from any and all claims of the owner of the premises in connection with installation and provision of Internet access services if the Customer is not the owner of the premises.

Read this Service Agreement often, updates located at www.bardstowncable.net and comply with all present and future rules of Bardstowncable.net.

Bardstowncable.net is not responsible for content generated by its customers. The customer is responsible for the content of any and all information they or any user of their account may transmit in any format or form.

The customer is responsible for the activities of anyone else using their account

Bardstowncable.net cannot guarantee that all transmissions or communications are truly confidential or private. The customer has provided in writing that he/she understands that they are on a LAN (cable access only) and must configure their software to disallow access to others on the network. Bardstowncable.net assumes no liability for any damages if the customer keeps their computer unprotected.

The provisions of the Electronic Communications Act of 1986 apply in all cases.

Bardstowncable.net does not practice any form of censorship. The customer is responsible for censoring any information found offensive, obscene or objectionable. Bardstowncable.net, however, does and will comply with all constitutional provisions of the Communications Decency Act. If you are interested in finding out more about content-filtration services please refer to Yahoo's Filtration Directory, http://www.yahoo.com.

Bardstowncable.net is not responsible for merchandise or services purchased from independent sellers accessed through Bardstowncable.net.

All illegal activities will result in the immediate termination of user privileges and possible criminal and civil prosecution. The user specifically agrees to indemnify Bardstowncable.net for any losses, costs or damages including reasonable attorney's fees incurred by Bardstowncable.net relating to or arising out of any breach of this section.

Unlawful Use
Bardstowncable.net is not to be used for purposes contrary to Federal, State, or Local ordinances, regulations or statutes. All contents of Bardstowncable.net are copyright protected and protected under intellectual copyright law.

Chain Letters
The same statute that prohibits this activity through the United States Postal Service prohibits it from the Internet. Bardstowncable.net will cooperate fully in the prosecution of any customer so engaged.

Unauthorized Access
1.) Knowingly accessing a Bardstowncable.net computer without authorization.
2.) Attempting to gain access to or to modify any other customer's account.
3.) Interfering with or attempting to prohibit, restrict or alter the normal
     operations of Bardstowncable.net or any other ISP or provider.
4.) Trespassing: The use of another user's account without their permission.

Forgery
Use of another user's email name and/or password with the intent of assuming their identity is an illegal activity.

Law Enforcement
Bardstowncable.net will fully co-operate with any Law Enforcement Agency (after receipt of a requisite subpoena) in the investigation and prosecution of any crime involving Bardstowncable.net's customers or its service.

Bardstowncable.net prohibits the following activities:

NOTE: In certain cases, immediate termination of a customer's account may result due to the severity of the incident and resources required to correct the abuse. No prior warnings will be issued.

Business Applications on a Residential Account
Under no circumstances shall a server be set up on a machine connected to Bardstowncable.net's residential service. This includes, but is not limited to FTP, HTTP, email (POP3 & SMTP), IRC, NNTP, and DNS. If it is discovered that a Bardstowncable.net subscriber has set up a server, Bardstowncable.net reserves the right to terminate the customer's account and retain any balance remaining on that customer's account.

Unsolicited Email
Mailing of unsolicited, unwelcome and undesirable email to one or more users is prohibited by Bardstowncable.net. It is also considered poor netiquette.

Commercial Use
Commercial use of a Customer Home Page is prohibited by Bardstowncable.net. The offending page must be altered or removed upon a warning being issued or access to it will be denied.

Commercial Postings
Commercial postings to Usenet newsgroups, except those in which it is specifically permitted, is prohibited by Bardstowncable.net.

Impersonation
Attempting to impersonate an IRC Operator, Sysadmin or assume the identity of another individual is prohibited by Bardstowncable.net.

Flooding
The result of operating bots and clonebots, which spew control characters and arbitrary garbage with the intent of forcing legitimate users off an IRC channel.

Spamming
Spamming is defined as mass cross-posting to Usenet newsgroups. It is also defined as the posting to multiple-newsgroups or postings of non-relevant, nuisance articles. It is poor netiquette and not permitted by Bardstowncable.net.

Bots and Clonebots
A malicious connection(s) to an IRC Network with the intent to slow down, "flood off" or deny other users access to an IRC network. While consuming enormous bandwidth and resources on our machines, this activity denies legitimate users access to IRC networks and eventual banishment from the IRC network(s) involved.

Ping Bombs or Floods
Continuously pinging another user, primarily in IRC, with the intent of flooding that user off the network or crashing their machine.

Harassment
Badgering, bothering, taunting or other offensive behavior towards another Customer or any Internet user either through email, IRC groups, Usenet or other electronic means.

Spoofing
Usurping or assuming the IP Address of another user. This action not only deprives the rightful owner of that IP Address the use of it but also is considered a hostile act by Bardstowncable.net.

Profanity
Sexually suggestive or obscene language and graphics are prohibited by Bardstowncable.net in any public forum that specifically bans such activity.

Customers who use Bardstowncable.net services from computers within Bardstowncable.net's domain must not copy, use, or distribute copyrighted or trademarked works of others without the expressed permission of the right holder. If you believe that your intellectual property rights have been violated by a Bardstowncable.net customer, please send notification to contact us. Be sure to include the following information in your claim:

1. The Internet address (web page address, e-mail, etc.) of the offender.

2. Proof that you have already tried to contact the offender yourself to no avail.

3. Proof that you are the rightful owner of the material.

Bardstowncable.net will investigate your claim and determine if the offense is true. If true, we will attempt to contact the offender. If the offender does not remove the materials in question, we will remove access to that page(s).

Bardstowncable.net provides its Customers with *Customer Home Pages. Bardstowncable.net is not responsible for the content of any Customer Home Pages. The customer is solely responsible and by posting a customer Home Page specifically agrees to indemnify and hold Bardstowncable.net harmless, including reasonable attorney’s fees, for any liability arising out of or connected in any manner to the customer Home Pages.

Customers are responsible and are solely legally accountable for all liability including but not limited to defamatory comments, copyright and trademark violations.

Profanity and obscenity are prohibited on Customer Home Pages. The substitution of "****" in place of profanity is not permissible. 

Bardstowncable.net does not preview any Residential Home page prior to posting. Bardstowncable.net does not verify, endorse, review or otherwise involve itself in the page before its posted.

Bardstowncable.net reserves the right to remove any page from the system without warning.

Content Rules
The following are prohibited:
1. Pages which promote Commercial purposes, for example:
    a. Advertising products or services whether for profit or not.
    b. Display of Advertisements, including banner exchange services
    c. Conducting raffles, lotteries, or contests
    d. Yard sale-type items are permitted.

2. Pages that are patently offensive including but not limited to bigotry, racism, hatred and
profanity.

3. Pages that promote physical harm or injury to any group or individual.

4. Pages that contain nudity, pornography or obscenities of any kind.

5. Password only and restricted access pages.

6. Pages with hidden images or pages.

7. Use of the page as storage for remote loading.

8. Use of the page that would otherwise violate the Bardstowncable.net Service Agreement.

Your home page and associated files counts against the 2Mb of disk space allocated to you for a residential account.

Bardstowncable.net will deliver to the Customer’s premises certain equipment  (the cable modem) for Customer’s use in connection with this agreement. Internal wiring shall not be considered as equipment and shall become the property of the customer upon initiation of service. All equipment is and shall remain the sole property of Bardstowncable.net.   However, the network Interface Card, and the Ethernet cord which may be installed in a customers computer is paid for in the set-up fee and becomes the property of the customer

Bardstowncable.net and Customer agree that the equipment ( cable modem) will not become a fixture. With regard to such equipment, Customer agrees:

To use the equipment only for the purpose of receiving the services ordered from Bardstowncable.net and for no other purpose.

To prevent any connections to the equipment which are not expressly authorized by Bardstowncable.net.

To prevent tampering, altering or repair of the equipment by any other person other than Bardstowncable.net’s authorized personnel.

To assume complete responsibility for improper use, damage or loss of such equipment regardless of cause.

To return the equipment in good condition, ordinary wear and tear from proper use is expected, immediately upon discontinuance of service. In the event that the equipment is not returned to Bardstowncable.net in good condition or not returned at all, Customer agrees to pay Bardstowncable.net $300.00 for each cable modem plus all costs of collection including attorney’s, such sum being agreed to because of the impossibility to ascertain the entire or exact amount of damage Bardstowncable.net may suffer from the loss of revenue due to unauthorized use of such equipment and for other reasons.

Through extensive compatibility and performance testing, Bardstowncable.net has compiled a list of network cards that will be supported. Currently the cards supported by Bardstowncable.net are:

3Com:    3C509BTP0 EtherLink III ISA UTP
              3C905B-TX NIC XL PCI 10/100BASE-TX PCI

Intel:      Intel's PRO/10+ PCI LAN
              Intel's PRO/10+ ISA LAN

Linksys: 10Mbps PCI Bus – LNE 100TX

Bardstowncable.net highly recommends the ethernet adapters above and will support them if there are problems with connectivity issues. If a Customer does not have one of the above ethernet adapters installed, Bardstowncable.net support ends at the crossover cable connecting the cable modem to the RJ-45 jack in the Customers PC.

Bardstowncable.net no-charge on-location technical support is available only when a technical issue is determined to be caused by equipment covered by this agreement. Bardstowncable.net equipment covered by no-charge on-location technical support includes:

Fiber-coaxial cable running from Bardstowncable.net’s head-end to the Customer’s exterior location. Interior wiring shall not be considered as covered equipment and shall become the property of the customer upon initiation of service.

Cable modem provided upon initiation of service.

Customer understands that in providing Internet access Bardstowncable.net is making use of poles owned by the local telephone company and/or electric company and that continued use of these poles is in no way warranted by Bardstowncable.net. Customer agrees that he will make no claim or take action against either the local telephone company or the electric company if service to be provided by Bardstowncable.net is disrupted or discontinued.

In the event a customer fails to abide by the terms of this agreement or the rules of Bardstowncable.net, Bardstowncable.net shall have the right to terminate this agreement and enter the Customer’s premises to remove their equipment.

This agreement constitutes the entire agreement between Bardstowncable.net and the Customer for the services and equipment provided herein. No statement, representation or warranty made by any agent or representative of Bardstowncable.net regarding the service or equipment shall be binding upon Bardstowncable.net unless expressly included herein.  

The undersigned represents that he/she is the owner of the premises or is authorized to enter into this agreement on behalf of the owner and will indemnify Bardstowncable.net from any liability from a breech of this representation.

Subscriber Privacy Notice

Section 551 of 47 U.S.C. requires us to inform you of the following matters:

COLLECTION

1. We are required to inform you of the nature of personally identifiable subscriber information that we collect and of the nature of the use we make of such information. The information that this cable system collects and maintains includes billing records; service maintenance and repair records; premium service subscription information; marketing information; and subscriber complaints. Federal law prohibits the cable system from collecting any personally identifiable information other than information necessary to carry on our business or to detect theft of services, unless you consent. We use this information to sell, maintain, disconnect and reconnect services; to make sure that you are being billed properly for the service you receive; to maintain financial, accounting, tax, service and property records including records required by the terms of our franchise; and for the purposes described below.

DISCLOSURE

2. We are permitted to disclose personally identifiable information to the extent necessary to conduct our business. In addition, the law allows us to disclose your name and address for non-cable service related mailing lists or other purposes unless you advise us in writing you do not wish us to disclose it. However, such disclosures of names and addresses may not be in a form that discloses the extent of viewing or other use you may have of any service we provide, nor may it disclose the nature of transaction you make over a two-way cable system. If you do not wish to have your name and address disclosed, please inform our office in writing.

Unless otherwise noted, all the personally identifiable information that we collect is used solely for the business purpose of offering and rendering cable television service to you. Some persons have access to such information when necessary in connection with our business. Access is as often as needed and may be on a day-to-day basis. Those people include cable system personnel; cable system sales agents; businesses which provide services to the cable system, such as our accountants, billing and collection services; program and program guide providers when applicable; program services which will periodically audit subscription information; and representatives of the franchising authority. This cable system will not maintain such information after it is no longer necessary for carrying on our business. As with all the information we maintain, we take reasonable precautions to prevent unauthorized access.

3. We are required to inform you concerning the period during which we will retain subscriber information. We destroy subscriber information that is no longer necessary for the purpose for which it was collected unless there is a legitimate request or order to inspect the information still outstanding. Paper records such as work orders and installation records are retained up to five years. Converter records are retained for as long as a subscriber has a converter. Subscriber records maintained in our management information system are routinely deleted from our records as newer information is added. The age of these records varies from address to address, depending on the date when service commenced and the number of transactions. Subscriber billing history is deleted after a varying period, at the most eighteen months, dependant upon disk space. Records of technical maintenance and service are retained for at least five years, except that the oldest stored records may be destroyed occasionally to free storage space for new records. Information provided to us upon installation is retained so long as you are a subscriber and is deleted from the system within two years after you terminate your subscription, provided your account is fully paid. Market research information is retained for a maximum of two years. Accounting and billing records are retained in historical ledgers for six years for tax and accounting purposes.

DISCLOSURE BY COURT ORDER

4. Federal law provides that the government may obtain disclosure of personally identifiable information by court order, if it offers evidence that such records are material to a criminal case, and if you are given the opportunity to appear and contest the evidence.

SUBSCRIBER RIGHTS

5. As a subscriber, you may review any personal information held by us which pertains to you if you give us a reasonable period of time to locate and, if necessary, prepare the information for review. (Preparation is sometimes necessary to avoid disclosure of information relating to other subscribers.) If you wish to inspect the records at our system office pertaining to you, please contact us by letter to arrange for review. The review will be during business hours at our local system business office. You may request correction of any errors in personal information which we collect or maintain pertaining to you.

BARDSTOWNCABLE.NET MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE EQUIPMENT FURNISHED AND ASSUMES NO RESPONSIBILITY FOR IT’S CONDITION.

BARDSTOWNCABLE.NET SHALL NOT BE RESPONSIBLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ACCESS NOR SHALL BARDSTOWNCABLE.NET BE RESPONSIBLE FOR DAMAGES FOR FAILURE TO PROVIDE ACCESS OR ERRORS IN THE TRANSMISSION OF TWO-WAY INTERACTIVE TRANSACTIONAL DATA REGARDLESS OF CAUSE.

BARDSTOWNCABLE.NET SHALL NOT BE RESPONSIBLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE, OR REMOVAL OF EQUIPMENT OR THE PROVISION OF INTERNET ACCESS SERVICES AND CUSTOMER HEREBY INDEMNIFIES AND HOLDS HARMLESS BARDSTOWNCABLE.NET FROM ANY CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING ATTORNEY’S FEES, ARISING OUT OF SUCH DAMAGE OR INJURY. UNDER NO CIRCUMSTANCES WILL BARDSTOWNCABLE.NET BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGE.

For technical support, to report web site bugs, order new service or ask any other questions please contact us or call (502 348-5947. Copyright © 1999 City of Bardstown . All rights reserved. Bardstowncable.net  is a Trademark of  the City of Bardstown. All other products mentioned are registered trademarks or trademarks of their respective companies.