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EVO Force 1

EVO FORCE 1 offers an immersive 4K UHD experience that vastly outpaces standard HD, this proven streaming solution simplifies video distribution while maximizing efficiency with its advanced HEVC/H.265 technology..

FAQ's

Gearheart Privay Policy

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.

  1. 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.

  1. 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

  1. Provision of Information by Third Parties

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

  1. 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.

  1. 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.

  1. 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.

  1. 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 GearheartGearheart’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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.
  1. 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).

  1. 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.

  1. 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.

  1. 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

WatchTVEverywhere allows you to watch TV, well, anywhere! As a cable TV subscriber from a participating cable provider, watchTVEverywhere gives you access to TV shows, movies, behind-the-scenes content and more at no additional charge. Once you’ve registered, download apps from your favorite networks for your smartphone, tablet, computer or smart TV and start watching.

Not all networks have apps available for all platforms. Check your device’s app store to see what’s available. You can also visit wTVE.net and click on a network to start watching.

The networks that you’ll be able to watch correspond with your cable TV subscription. Not all networks have content available through watchTVEverywhere. Log in to wTVE.net to see what network you can access.

Broadband / Fiber Terms of Agreement

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

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

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

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

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

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

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

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

Gearheart TV Terms of Agreement
  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.

  1. COST AND ATTORNEY FEES:  The CUSTOMER agrees to pay reasonable costs and attorney’s fees arising out of any course of action to collect any monies due by the CUSTOMER or to repossess the DCT/DSK, if leased, because of a breach of this AGREEMENT.
  2. NOTICES: ALL notices required or desired to be given under this AGREEMENT shall be delivered in person or mailed, postage prepaid, to the CUSTOMER at the PREMISES, or such other place as is designated in writing by CUSTOMER, and to LESSOR at headdress specified in this AGREEMENT or at such other address as LESSOR may designate.
  3. WAIVER: The waiver by either Party of the breach of any provision hereof shall not operate or be construed as a waiver of any other provision or the same provision at another time.
  4. SEVERABILITY: If any one or more of the clauses, covenants or provisions of this AGREEMENT should be held to be invalid or unenforceable for any reason, such invalidity or shall not affect the remainder of the AGREEMENT, which shall remain in full force in effect in accordance with its terms.
  5. MISCELLANEOUS:(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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. CUSTOMER’S WARRANTY OF UNDERSTANDING:CUSTOMER represents and warrants that it/she/her has read the entire AGREEMENT and fully understands the same.

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