Legal

Coalfields Telphone Legal Section

Coalfields Telphone would like you to know that we are dedicated to bringing you quality services. This section illustrates with importance our services and what we as a provider, and you, as a subscriber are obligated too. (Contract Agreements, Assurance Plans, Maintenance Agreements, etc.)

In this section you will find:

  • Privacy Information and what we do with your personal information.
  • Contracts between you, the consumer, and Coalfields Telphone (as well as other companies in the Gearheart Family of services that may be bundled with a service we provide).
  • Terms of Service (AUP – Acceptable Usage Policy) agreements between you, the consumer, and Coalfields Telphone
  • Information regarding some of our additional insurance/protection plans that we provide (for a small fee) to you, the consumer, to protect you while you are using our leased equipment.

Terms & Policies

Credit Card Charge Back & Refund Policy

REFUND POLICY - Any adjustment and/or refund shall determined by Coalfields Telephone and Broadband on a case by case basis. You can contact our Coalfields Telephone & Broadband office by dialing: 1.606.478.9401 or email us.

DSL TERMS

DSL MODEM OWNERSHIP/LEASE USE: The DSL MODEM (DM), if leased, shall at all times remain in the sole and exclusive property of LESSOR even if attached to real property. CUSTOMER shall have no rights in the DM 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 DM 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 DM from the PREMISES, give possession or control of the DM to any other party, ….. , sell or mortgage the DM in any manner.

For purposes of this AGREEMENT, the DM 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 DM, if leased, is not returned by the CUSTOMER or if the DM becomes damaged through negligence or abuse by CUSTOMER, as liquidated damages for the cost of the DM. All maintenance and repair of the DM 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 DM.

CUSTOMER shall make no modifications or alterations to the DM without the prior written consent of LESSOR. CUSTOMER hereby acknowledges that any modifications or alteration of the DM to permit the unauthorized recepton of the programming is a violation of Federal and State Law and/or may subject CUSTOMER TO CIVIL AND/OR CRIMINAL PROSECUTION.

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

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

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

2. PREMISES: CUSTOMER represents and warrants to LESSOR that the PREMISES is legally in the control and dominion of the CUSTOMER, and that he/she/it is the owner of record of the PREMISES or, if CUSTOMER is a tenant of the PREMISES, that she/he/it has obtained the written consent of the owner of record of the PREMISES to the transactions contemplated by this AGREEMENT in accordance with its terms. CUSTOMER shall provide LESSOR with proof of such ownership or consent in a form satisfactory to LESSOR upon request.

3. INSTALLATION OF THE DSL 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 DM, 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 DM on, across, through, and in the PREMISES at no cost or charge to LESSOR. CUSTOMER shall be responsible for any necessary permits, licenses or other authorization required for installation of the DM. Any reinstallation or change in the location of the DM 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 DM or the SERVICE.

(a) LESSOR shall have no liability for any interruptions of the DM, which results form causes beyond the reasonable control of the LESSOR.
(b) In no event shall LESSOR be liable for any incidental, consequential, punitive or special damages for any claim arising from this agreement or the performance of lessor hereunder.

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

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

7. ASSIGNMENT: LESSOR shall have the right to assign this AGREEMENT and to delegate all or any part of its rights, duties, and obligations hereunder, to any third party. Neither this AGREEMENT, nor any interest-herein, may be assigned by CUSTOMER without first obtaining the written consent of LESSOR.

8. TERMINATION: This LEASE cannot be cancelled or terminated, except as expressly provided, herein, CUSTOMER hereby agrees that their obligation to pay all charges for service and perform all other obligation hereunder shall be absolute, irrevocable, unconditional and independent and shall be paid and performed without the abatement, deduction or offset of any kind or nature whatsoever. To the extent permitted by applicable law, CUSTOMER also hereby waives any rights now of hereafter conferred by stature or otherwise which may require LESSOR to sell, lease, or otherwise use any DM 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 DM. (c) Within seventy-two (72) hours of any termination of the AGREEMENT, CUSTOMER shall promptly return the DM 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 DM within said period, LESSOR shall have the right to enter the PREMISES and take possession of and remove the DM within thirty (30) days of the date of termination. In connection with such removal of the DM, LESSOR shall have no obligation to remove any wires, cables, or outlets constituting a part of the DM, 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 DSL SERVICE IS TERMIATED FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO CUSOMTER’S FAILURE TO PAY ITS/HER/HIS ACCOUNT WITH CTC,. UPON SUCH CANCELLATION, AND WITHOUT PRIOR NOTICE, THE DSL 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 DSL MODEM SERVICES, THE DM, IF LEASED, SHALL BE RETURNED.

To contact us about terminating your Coalfields Telephone & Broadband Service(s) please dial: 1.606.478.9401 or email us.

9. COST AND ATTORNEY FEES: The CUSTOMER agrees to pay reasonable costs and attorney’s fees arising out of any course of action to collect any monies due by the CUSTOMER or to repossess the DM, if leased, as a result of a breach of this AGREEMENT.

10. NOTICES: ALL notices required or desired to be given under this AGREEMENT shall be delivered in person or mailed, postage prepaid, to the CUSTOMER at the PREMISES, or such other place as is designated in writing by CUSTOMER, and to LESSOR at he address specified in this AGREEMENT or at such other address as LESSOR may designate.

11. WAIVER: The waiver by either Party of the breach of any provision hereof shall not operate or be construed as a waiver of any other provision or the same provision at another time.

12. SEVERABILITY: If any one or more of the clauses, covenants or provisions of this AGREEMENT should be held to be invalid or unenforceable for any reason, such invalidity or shall not affect the remainder of the AGREEMENT, which shall remain in full force in effect in accordance with its terms.

13. MISCELLANEOUS:

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

14. AMENDMENTS TO SCHEDULE: In the event it is necessary to amend the terms of Schedule A to reflect a change in one or more of the following conditions:

CUSTOMER’S actual cost of procuring the DM or
LESSOR’S actual cost of providing DM to the CUSTOMER; or
A change in lease payments as a result of (a) and/or (1) above; or
Description of the leased DM, 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.

16. AVAILABILITY OF DSL MODEM: The Parties mutually agree that this AGREEMENT is conditioned upon the availability of the DM or any part hereof to the LESSOR.

17. CREDIT VERIFICATION: CUSTOMER hereby grants to LESSOR the right to make a thorough investigation of CUSTOMER’S CREDIT HISTORY and releases from all liability all persons, companies, schools, and corporations supplying such information. CUSTOMER does indemnify LESSOR against any liability, which might result from making such investigation. CUSTOMER agrees that LESSOR may obtain a consumer report of other information regarding them and may consult its own files for the credit report. CUSTOMER understands that any false answers or statements or implications made by them in this application or other required documents shall be considered sufficient cause for denial of service.

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

Subscribers to CTC dsl 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.

AUP

This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with Coalfields Telephone Company. If you engage in any of the activities prohibited by this AUP document Coalfields Telephone Company may suspend or terminate your account.

Coalfields Telephone Company’s Acceptable Use Policy (the "Policy") for Coalfields Telephone Company Services is designed to help protect Coalfields Telephone Company, Coalfields Telephone Company’s customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Coalfields Telephone Company. Coalfields Telephone Company reserves the right to modify the Policy at any time, effective upon posting our Coalfields Telephone Legal Page.

Prohibited Uses of Coalfields Telephone Company Systems and Services:

1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Coalfields Telephone Company’s servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Coalfields Telephone Company’s servers, is prohibited. Coalfields Telephone Company accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Coalfields Telephone Company customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Coalfields Telephone Company-hosted domain, or referencing any Coalfields Telephone Company account, is prohibited.

4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.

5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.

6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").

7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Coalfields Telephone Company customers or end-users by any means or device.

9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Coalfields Telephone Company network or on another provider’s network.

10. Using Coalfields Telephone Company’s Services to interfere with the use of the Coalfields Telephone Company network by other customers or authorized users.

Customer Responsibility for Customer’s Users

Each Coalfields Telephone Company customer is responsible for the activities of its users and, by accepting service from Coalfields Telephone Company, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an Coalfields Telephone Company customer will be forwarded to the Coalfields Telephone Company customer’s postmaster for action. If violations of the Coalfields Telephone Company Acceptable Use Policy occur, Coalfields Telephone Company reserves the right to terminate services with or take action to stop the offending customer from violating Coalfields Telephone Company’s AUP as Coalfields Telephone Company deems appropriate, without notice.

Network Management Practices

Disclosure of Broadband Internet Access Service Network Management Practices, Performance and Commercial Terms

Introductory Note

This disclosure applies solely to the broadband services offered by Coalfields Telephone Company (CTC) on a standardized basis to residential customers, small businesses and other end-user customers. This disclosure does not apply to any other broadband service (e.g., specialized or enterprise services) or to any dial-up Internet access service. CTC may revise this disclosure from time to time without notice by posting a new version of this disclosure on the CTC website at http://www.coalfields.net/legal/. Accordingly, users of CTC’s Internet access services should consult this document regularly to ensure that they remain aware of changes to the practices described in this disclosure. In the event of a conflict between any subscriber agreement or the Acceptable Use Policy and this disclosure, the terms of the subscriber agreement or Acceptable Use Policy shall govern. This disclosure does not create enforceable rights in the subscriber or any third party edge provider.

Introduction to Our Broadband Services
Coalfields Telephone Company (CTC) operates a robust and modern ip based network, which spans portions of Eastern Kentucky. CTC provides several services over this ip network including Voice and Broadband Internet Access. CTC contracts with Mikrotec Internet and the East Kentucky Network for access to the outside world via redundant fiber optic rings, then peering with major internet providers in Lexington, KY.

Core Network Overview
CTC utilizes a 10Gig core network to transport all broadband services to the rest of the world. No prioritization or discrimination of forwarding traffic is performed, either within a service type or between service categories.
Distribution Network Overview

CTC utilizes 1Gig distribution switches to transport broadband services. No prioritization or discrimination of forwarding traffic is performed, either within a service type or between service categories.

Access Network Overview

CTC operates 2 access networks with only 1 service type, Broadband Internet.
• An ADSL network which utilizes Asynchronous Transfer Mode (ATM) for the last mile loop.
• This is the legacy network, which is being overbuilt by our ethernet access network.
• This network transports strictly broadband internet and performs no prioritization or discrimination of forwarding traffic.
• Available Bandwidth packages available range from 256Kbit to 4Mbit download speeds.

An ADSL2+ network which utilizes Ethernet and Virtual LAN technologies for the last mile loop.

• This network transports strictly broadband internet and performs no prioritization or discrimination of forwarding traffic.
• Available bBandwidth packages available range from 256Kbit to 6Mbit download speeds.

Network Edge Overview

Currently CTC contracts with Mikrotec Internet Services (MIS) and the East Kentucky Network (EKN) to fulfill its edge network requirements:
• EKN provides a 10G redundant fiber optic loop from our Harold location to EKN’s facility in Winchester KY.
• MIS provides a 10G redundant fiber optic loop from EKN’s Winchester facility to MIS’s Lexington facility.

General Network Principles

CTC, as much as reasonably possible, designs and operates its network based off on the following guiding principals:
• For security purposes network traffic is categorized into discreet service types via separate VLAN segments. Specifically this references segmenting management traffic from broadband internet traffic.
• All subscriber broadband Internet packages should be provisioned slightly larger than advertised to allow for protocol overhead so that the customers expectations are exceeded whenever possible.
• Maintaining the security of the network is a top priority and, to this end, we implement commonly accepted security best practices subject to cost and technical considerations.

Network Practices

Congestion Management Practices
While CTC does not currently utilize any form of congestion management. CTC may in the future use various tools and techniques to manage its network, deliver its service, and ensure compliance with the Acceptable Use Policy available at http://www.coalfields.net/legal/aup. These tools and techniques may be dynamic, like the network and its usage, and may change frequently. For example, these network management activities may include identifying spam and preventing its delivery to customer email accounts, detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content and using other tools and techniques that CTC may implement in order to meet its goal of delivering a high quality broadband Internet experience to its customers.

Non-Discrimination Practices
CTC does not currently have any policy in place theat would prefer one type of Broadband Internet traffic, protocol, provider, service, application, or site over another. Subject to the AUP and the security practices listed below, the customer is free to choose any device type, protocol, service, provider, application, etc., without experiencing any type of service degradation or slow down. CTC reserves the right (but does not undertake the responsibility) to block or degrade content, applications and services that are unlawful, that may violate the rights of third parties (e.g., copyright infringement) or that may pose a harm to our network or other customers.

Device Attachment Rules
CTC does not restrict what types of devices are eligible to connect to our network, however we can only provide direct end user support for devices for which we are familiar. In addition all attached devices must be capable of making a valid access request (DHCP). At each DSL modem we provide a single ethernet port for Broadband Internet and if a customer wishes to use multiple devices, the customer will need to provide their own router, which will provide NAT. For residential service, each cable modem customer is dynamically assigned a single public IPv4 address. For commercial service, multiple IPs are available if needed. CTC reserves the right (but does not undertake the responsibility) to prohibit devices that may pose a harm to our network or other customers.

Security Practices

In an effort to maintain the security of the CTC network and our subscribers as well as to abide by good Internet Citizenship, CTC utilizes the following listed security practices, which affect forwarded traffic delivered to our subscribers. In addition to this list, CTC utilizes multiple other mechanisms to promote the Confidentiality, Integrity and Availability of the CTC network,; however, only those having a direct bearing on customer forwarded traffic are listed here.

Access Network
• In order to assist in the world wide fight against unsolicited commercial email (SPAM), commonly accepted network practices dictate that ISP’s block outbound traffic destined for the SMTP service (port 25). This doesn’t preclude a customer from being able to run a mail server at their site, but does require a simple change to the normal configuration, i.e. using our mail server as a smart relay host.
• Only traffic destined for a valid IP/mac address pairing is terminated to a subscriber,; broadcast flooded traffic is not delivered to the end user.
• DHCP broadcast requests destined to UDP port 67 (attempting to connect to a DHCP server) are not permitted to terminate to a subscriber end point.
• Traffic entering our access network sourced from RFC1918 address space is denied.
• In the event of malicious activity, CTC may implement a temporary block at this network level restricting traffic, which may be harmful to the network as a whole. If such activity is necessary, the affected customer(s) would be contacted and worked with in an effort to remove the underlying threat.
• CTC collects performance characteristics in the aggregate at thise net level (link level utilization), which allows us to proactively plan in advance proper network scaling.
• If needed, when working with a subscriber to troubleshoot a problem, properly trained staff within CTC may perform real time traffic analysis of subscriber traffic.

Distribution Network
• In the event of malicious activity, CTC may implement a temporary block at this network level restricting traffic, which may be harmful to the network as a whole. If such activity is necessary, the affected customer(s) would be contacted and worked with in an effort to remove the underlying threat.
• CTC collects performance characteristics in the aggregate at this level (link level utilization), which allows us to proactively plan in advance proper network scaling.
• If needed, when working with a subscriber to troubleshoot a problem, properly trained staff within CTC may perform real time traffic analysis of subscriber traffic.

Core Network
• In the event of malicious activity, CTC may implement a temporary block at this network level restricting traffic, which may be harmful to the network as a whole. If such activity is necessary, the affected customer(s) would be contacted and worked with in an effort to remove the underlying threat.
• CTC collects performance characteristics in the aggregate at this level (link level utilization), which allows us to proactively plan in advance proper network scaling.
• If needed, when working with a subscriber to troubleshoot a problem, properly trained staff within CTC may perform real time traffic analysis of subscriber traffic.

Edge Network
• In the event of malicious activity, CTC may implement a temporary block at this network level restricting traffic, which may be harmful to the network as a whole. If such activity is necessary, the affected customer(s) would be contacted and worked with in an effort to remove the underlying threat.
• CTC collects performance characteristics in the aggregate at this level (link level utilization), which allows us to proactively plan in advance proper network scaling.
• CTC collects netflow data on all external traffic flows to better understand network attacks.
• If needed, when working with a subscriber to troubleshoot a problem, properly trained staff within CTC may perform real time traffic analysis of subscriber traffic.
• Traffic entering our network edge from the external side, sourced from an IP address within one of our network ranges is denied.
• Traffic traversing our network edge sourced from RFC1918 address space is denied.
• Traffic traversing our network edge sourced from loopback, link local or ‘this’ address (as defined in RFC 3330) is denied.

Performance Characteristics

Service Description
1. CTC provides an ADSL2+ based DSL modem service. Data rates are available from 256k to 6Mbps depending on service needs. Our DSL service is based on a “best effort” technology. That means that all advertised speeds are an “up to” rating and is not a committed information rate.

2. The “actual” speed that a customer will experience while using the Internet depends upon a variety of conditions, many of which are beyond the control of an ISP such as CTC. These conditions include:
• Performance of a customer’s computer, including its age, processing capability, its operating system, the number of applications running simultaneously, and the presence of any adware and viruses.
• Type of connection between a customer’s computer and modem. For example, wireless connections may be slower than direct connections into a router or modem. Wireless connections also may be subject to greater fluctuations, interference and congestion. CTC does not recommend wireless modem connections for use with its higher speed tiers as many wireless connections do not perform at the speeds delivered by these tiers.
• The distance packets travel (round trip time of packets) between a customer’s computer and its final destination on the Internet, including the number and quality of the networks of various operators in the transmission path. The Internet is a “network of networks.” A customer’s connection may traverse the networks of multiple providers before reaching its destination, and the limitations of those networks will most likely affect the overall speed of that Internet connection.
• Congestion or high usage levels at the website or destination limit speed. If a large number of visitors are accessing a site or particular destination at the same time, your connection will be affected if the site or destination does not have sufficient capacity to serve all of the visitors efficiently.
• Gating of speeds or access by the website or destination limit speed. In order to control traffic or performance, many websites limit the speeds at which a visitor can download from their site. Those limitations will carry through to a customer’s connection.

For these reasons, CTC, like all other ISPs, advertises speeds as “up to” a particular level, and does not guarantee them.
• The customer premises is supplied one 10/100 meg ethernet port.
• Data obtained from our sampling of a hosted speedtest.net server has shown that our average performance speeds for the period from 08/01/2011 through 11/11/2011, including all customer locations and packages, were as follows (peak time is from 7:00pm until 11:00pm):
• Overall Download 3.32Mbps
• Overall Upload 451Kbps
• Overall Latency 29ms
• Peak Download 2.89Mbps
• Peak Upload 426Kbps
• Peak Latency 34ms

Impact of Specialized Services
• CTC does not currently offer any specialized network services that would negatively impact the last mile capacity or the performance of broadband internet access service.

Terms and Conditions of Service

Pricing
• In order to continually maintain current pricing in this area, we have chosen to provide a link to our most current pricing and promotions. Please see http://www.coalfields.net/pricing for complete pricing information.

Privacy Policies
• CTC reserves the right to inspect and analyze network traffic to assist in troubleshooting or service recovery, to evaluate our services, to provide our services and to detect unauthorized activity. Aggregate and specific analysis information may be shared with third parties to assist in said troubleshooting or, service recovery, evaluation, provision or detection, however no personally identifiable information would be included. except to the extent authorized by the customer, required by law or regulation, allowed by the privacy provisions of the AUP, allowed by our privacy statement available at http://www.coalfields.net/legal/privacy-policy or allowed by 47 USC 551.
• All subscribers are required to abide by our Terms of Agreement (TOA) available at http://www.coalfields.net/legal/toa and our Acceptable Use Policy (AUP) available at http://www.coalfields.net/legal/aup. In the event of a conflict between the Network Management Practices described in this document and the TOA or the AUP, the terms of the TOA or AUP shall govern. Section 1 of the AUP contains additional privacy policies.
Redress OptionsAll complaints should be addressed to abuse@imctv.com. Customers found to be acting in violation of the AUP will receive two warnings and service may be disrupted upon the third complaint.

Edge Provider:

User / Customer
• All service concerns should initially be addressed to the billing office at 1.606.478.9401. Our customer support staff will take ownership of the issue and work with internal resources to resolve any problems.

Edge Provider
• All complaints should be addressed to abuse@coalfields.net. Customers found to be acting in violation of the AUP will receive two warnings and service may be disrupted or discontinued upon the third complaint.
• Customer information will only be released upon receipt of a bona fide subpoena or other legal requirement.