Glasgow Electric Plant Board
Rates - Rules & Regulations


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ELECTRIC PLANT BOARD
CITY OF GLASGOW
GLASGOW, KENTUCKY

SCHEDULE OF RULES AND REGULATIONS FOR C/LAN AND HOMELAN SERVICES

AS APPROVED AND ADOPTED BY THE BOARD OF DIRECTORS ON MARCH 25, 1997

DEFINITION OF TERMS AND EXPLANATION OF ABBREVIATIONS

a) "EPB." The Electric Plant Board of the City of Glasgow, doing business as Glasgow EPB - C/LAN HomeLAN Division, with headquarters located at 100 Mallory Drive, P.O. Box 1809, Glasgow, Kentucky 42141, (270) 651-8341.

b) "Customer." The purchaser of electric service and other services.

c) "Subscriber." The purchaser of services who is not an electric customer.

d) "C/LAN." Local Area Network services provided to commercial customers or subscribers.

e) "HomeLAN." Local Area Network services provided to residential customers or subscribers.

f) "Month." One twelfth of a year, as near 30 days as practicable.

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ELECTRIC PLANT BOARD
CITY OF GLASGOW
GLASGOW, KENTUCKY

SCHEDULE OF RULES AND REGULATIONS FOR C/LAN or HOMELAN SERVICES

1. SERVICE PROVIDED -
EPB will furnish and install facilities necessary to provide local area network communications and access to the Internet, through its interactive cable system, to a personal computer or network of computers of Customer or Subscriber equipped with a broadband network interface device. The EPB will provide two (2) hours training/assistance service as a part of the installation. Additional training/assistance will be charged at the rate of $50 per hour for services rendered between the hours of 8:00a.m.-4:30p.m. central time and $75 per hour for services rendered after 4:30p.m. The EPB will only assure the operation of software described in the proposal for C/LAN services presented by EPB to Customer or Subscriber or software installed by EPB pursuant to a request for HomeLAN Service. The EPB assumes no responsibility for installation or assistance with regard to any software currently owned by Customer or Subscriber or purchased by Customer or Subscriber after installation of C/LAN-HomeLAN services. Additionally, service may be temporarily refused, limited, interrupted, or curtailed due to government, regulations or orders, system capacity limitations, limitations imposed by an underlying communications carrier, or because equipment modifications, upgrades, repairs or reallocations or other similar activities necessary or proper for the operation or improvement of EPB's system. Service and equipment are furnished for use by Customer or Subscriber for any lawful purpose. Customer or Subscriber warrants that he/she is at least eighteen (18) years old.

2. INSTALLATION AND ACCESS -
The initial routing of the cables on Customer or Subscriber's premises necessary for the provision of C/LAN-HomeLAN shall be in a location agreed to between the EPB and Customer or Subscriber. Any relocation of the C/LAN-HomeLAN cabling or facilities solely for the convenience or at the request of Customer or Subscriber shall be paid for by Customer or Subscriber.

The Customer or Subscriber agrees to furnish necessary right of way upon its premises for the installation of any facilities that may be required to provide C/LAN-HomeLAN to Customer or Subscriber and to confer upon the EPB the right to enter upon the premises after reasonable notice, for the purposes of installation, maintenance and repair of said facilities and equipment, and that upon termination of the agreement, to permit EPB to enter the premises for the purpose of removing any additional facilities or lines that may have been required for the original installation.

3. TERMINATION -
Services to Customer or Subscriber may be discontinued at any time by EPB upon failure of Customer or Subscriber to pay any charges due for these services, or, immediately, whenever, in the sole discretion and determination of EPB, such discontinuance is in the best interest of other EPB Customers or Subscribers, such as (but not by way of limitation) interference with the system of EPB caused by the condition or operation of Customer or Subscriber's facilities or system.

Service will also be terminated immediately upon notification by any copyright owner that a customer has infringed upon their rights as outlined in the Digital Millennium Copyright Act. EPB will reinstate service when they have been notified by the customer and the copyright owner that such infringement has been terminated.

Upon termination of services hereunder, for whatever reason, and by whomever, Customer or Subscriber shall promptly deliver back to EPB any property leased or rented by it from EPB.

4. LIMITATION OF EPB'S LIABILITY -
(a) Customer or Subscriber understands that alternative and competing Internet communications carriers are available to Customer or Subscriber; occasional interruption or irregularities in the service may occur; any potential harm from interruptions or irregularities in the service is speculative in nature; EPB cannot offer the service at rates which reflect its value to each Customer or Subscriber; and EPB assumes no responsibility other than that contained in these Rules and Regulations. Accordingly, Customer or Subscriber agrees that except as limited by law, EPB's sole liability for loss or damage arising out of mistakes, omissions, interruptions, delays, errors, or defects in the service or transmission of service provided by EPB or any underlying communications carrier, or for losses or damages arising out of the failure of EPB or any underlying communications carrier to maintain proper standards of maintenance and operations shall be as follows:

(i) A credit allowance as described in subsection 4(a)(iii) below, will be made at Customer or Subscriber's request in the form of a pro-rata adjustment of the fixed monthly charges billed to Customer or Subscriber. Fixed monthly charges are the monthly charges for access and optional features per access account ID, all as described in the schedule of rates and charges in effect at the time of interruption.

(ii) Such credit allowance will be based upon the period of the time which such mistakes, omissions, delays, errors or defects in the service or its transmission caused interruptions in the rendering of the service. Any such period of time an interruption occurs will be measured from the time it is reported to EPB. In the event Customer or Subscriber is affected by such interruption for a period of less than 24 hours, no such adjustment shall be made. When an interruption exceeds 24 hours, the length of the interruption will be measured in 24 hour days. A fraction of a day consisting of less than 12 hours will not be credited, but a period of 12 hours or more will be considered an additional day.

(iii) The credit allowance will be computed by dividing the length of the service interruption by a standard 30 day month and then multiplying the result by EPB's fixed monthly charges for each interrupted access account ID. In no case will the credit exceed the fixed monthly charges.

(iv) A credit allowance will not be given for mistakes, omissions, interruptions, delays, errors or defects, or curtailments in the service caused by the negligence or willful act of customers, subscribers, or other parties, or mistakes, omissions, interruptions, delays, errors, or defects caused by failure of equipment or service not provided by EPB.

(v) The service furnished by EPB, in addition to the limitations set forth preceding, is also subject to the following limitation: The liability of EPB for loss or damages arising out of mistakes, omissions, interruptions, delays, errors, or defects in the service, its transmission or failures or defects in facilities of the underlying communications carrier, occurring in the course of furnishing service and not caused by the negligence of the authorized user, or the underlying communications carrier in failing to maintain proper standards of maintenance and operation and to exercise reasonable supervision, shall in no event exceed an amount equivalent to the proportionate fixed monthly charge to the authorized user for service during the period of time in which such mistakes, omissions, interruptions, delays, errors, or defects in service, its transmission, or failures or defects in facilities furnished by EPB or the underlying communications carrier occurred.

(b) EPB shall in no event be liable for service or equipment interruptions or delays in transmission, errors or defects in service or equipment, when caused by Acts of God, fire, war, riots, government authorities, default of supplier, or other causes beyond EPB's or any underlying communications carrier's control.

(c) Customer or Subscriber acknowledges that internet systems use public access facilities to transmit voice and data communications and that the service may not be completely private. EPB is not liable to Customer or Subscriber for any claims, loss, damages or cost which may result from lack of privacy on the system.

(d) Customer or Subscriber acknowledges that internet systems may carry material which may be considered abusive, profane or sexually offensive and that EPB is not liable to Customer or Subscriber for any claims, loss, damages or cost which may result from such material.

(e) Customer or Subscriber hereby agrees to indemnify and save EPB harmless against claims for libel, slander, or infringement or copyright from the material in any form over its facilities by Customer or Subscriber or those using Customer or Subscriber's equipment; against claims for infringement of patents arising from combining or using apparatus or systems of Customer or Subscriber with the facilities of EPB or any communications carrier; and against all other claims arising out of any act or omission of Customer or Subscriber in connection with the facilities or service provided by EPB.

5. DISCLAIMER OF WARRANTIES AND LIMITATION OF REMEDIES -
(a) Customer or Subscriber acknowledges and agrees that EPB is not the manufacturer of equipment and internet package software, and EPB hereby disclaims all representations and warranties, direct or indirect, express or implied, written or oral, in connection with the equipment or service or internet package software (whether purchased or leased by Customer or Subscriber from EPB or another), including but not limited to any and all express and implied warranties of suitability, durability, merchantability, and fitness for a particular purpose. EPB, to the extent permitted by law, assigns to Customer or Subscriber any and all manufacturers' warranties relating to equipment or internet package software purchased by Customer or Subscriber, and Customer or Subscriber acknowledges receipt of any and all such manufacturers' warranties.

(b) Customer or Subscriber acknowledges and agrees that its sole and exclusive remedy in connection with any defects in the equipment or software, including manufacture or design, shall be against the manufacturer of the equipment or software under the manufacturer's warranties and that EPB shall have no liability to Customer or Subscriber in any event for any loss, damage, injury, or expense of any kind or nature related directly or indirectly to any equipment or software or service provided hereunder. Without limiting the above, EPB shall have no liability or obligation to Customer or Subscriber, in either contract or tort, for special, incidental, or consequential damages of any kind incurred by Customer or Subscriber, such as, but not limited to, claims or damages for personal injury, wrongful death, loss of use, loss of anticipated profits, or other incidental or consequential damages or economic losses of any kind incurred by Customer or Subscriber directly or indirectly resulting from or related to any equipment or service or software described hereunder, whether or not caused by company's negligence, to the full extent same may be disclaimed by law. Any references to equipment or software in this paragraph shall be deemed to apply to all equipment or software purchased by Customer or Subscriber or leased by Customer or Subscriber from EPB or another Lessor.

6. INDEMNIFICATION AND RELEASE -
Customer or Subscriber agrees to release, defend, indemnify and hold harmless EPB, its officers, Board members, and employees, to the full extent permitted by law from and against any and all claims, damages, liabilities and expenses, including legal and attorney fees, of any nature arising directly or indirectly out of these Rules and Regulations, including, without limitation, claims for personal injury or wrongful death to Customer or Subscriber or users of the equipment, products or services provided by EPB or sued in conjunction with such equipment, products or services provided by EPB and arising out of the manufacture, purchase, operation, condition, maintenance, installation, return or use of the equipment or service, or arising by operation of law, whether the claim is based in whole or in part on negligent acts or omissions of EPB, its Board members, agents or employees.

7. OPERATING RULES -
Customer or Subscriber agrees not to publish on or over the internet content which violates or infringes upon the rights of any other. If EPB is challenged by any third party regarding the suitability of Customer or Subscriber's content, EPB may at EPB's sole discretion delete Customer or Subscriber's content from the internet service. Customer or Subscriber agrees not to send unsolicited electronic mail to EPB's customers or subscribers without EPB's explicit written permission for each instance of communication. Customer or Subscriber agrees to accept electronic mail communications from the EPB from time to time in the interest of providing timely information about the services provided by EPB. Customer or Subscriber shall have the right to not have their electronic mail address published on the EPB's website, but shall not have the right to be excluded from the occasional electronic mail communications from EPB relative to the status of its services or other information deemed by EPB to be vital to residents of Glasgow.

8. FEES AND CHARGES -
The Customer or Subscriber shall pay EPB the full monthly service charge applicable to the service rendered, which amount shall be due as shown on the bill card from EPB each month.

Monthly service charges shall be determined as per the schedule of rates applicable to the services for which the Customer or Subscriber has applied and received, and is subject to change without formal notice by EPB to the Customer or Subscriber.

9. SEVERABLE PROVISIONS -
If any part of these Rules and Regulations are contrary to or prohibited by or deemed invalid under applicable laws and regulations of any applicable jurisdiction, the remaining provisions and parts thereof shall remain and be construed in full force and effect to the extent permitted by law.

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GLASGOW ELECTRIC PLANT BOARD
LAN RESIDENTIAL RATE
SCHEDULE RS-L

Availability
Available to any Customer or Subscriber for residential service in all areas served by EPB's Broadband System.

Applicability
Applicable for service to single residences and individual family apartments with Glasgow Classic Cable Service. LAN service shall not be resold, shared with others, or in any way duplicated except for personal use.

Installation Charges (the EPB furnishes everything)
Installation Fees: Customer's Home...................$79.95/computer EPB Office.........................60.00/computer Minimum Installation Fee...........30.00/computer Additional Outlet..................50.00 each

Service Charges

Monthly Annual
Rate (Advance)


LAN access*...............................$29.50.........$354.00
*(includes three [3] email accounts and one cable modem)
Additional PC's (each).....................15.00..........165.00
Lease of additional Cable Modem............10.00..........110.00
Each additional email Account...............3.00...........33.00


Webpage (authored by Customer or Subscriber - available only to
EPB customers)
Initial Set-up (one time charge)............................5.00
Initial directory and 1 Mb of file space....5.00...........55.00

Service (Maintenance) Calls Work done at Customer's Home...............49.00/computer Work done at EPB Office....................30.00/computer Adding email, loading or upgrading browser, etc............30.00 Storage of files on EPB fileserver..........................1.00/Mb/month

Service is subject to the General and the C/LAN-HomeLAN Rules and Regulations of EPB.

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GLASGOW ELECTRIC PLANT BOARD
LAN GENERAL RATE
SCHEDULE GSA-L

Availability
Available to any Customer or Subscriber in all areas served by the EPB's Broadband System.

Applicability
Applicable for LAN service to offices, hotels, motels, multiple apartments, hospitals, nursing homes, churches, schools, civic organizations, City/County Governmental Units and other commercial establishments (as defined for electric service) with Glasgow Classic Cable Service. Any Customer or Subscriber desiring a static IP number for utilization with customer owned switches or routers shall enter into a custom arrangement proposed by EPB.

 
Installation Charges (the EPB furnishes everything)





Installation Fees EPB Office...................................60.00/computer Minimum Installation Fee.....................30.00/computer Additional Outlet............................50.00 each Additional Outlet for Commercial Buildings...79.00 each

Service Charges

Monthly Annual
Rate (Advance)
LAN Access
1-4 PC's.........................................$39.50....$474.00
5-13 PC's.........................................60.00.....660.00
14 or more PC's..................................114.00...1,254.00

Lease of Cable Modem (each).......................10.00.....110.00

Additional email Account (each)....................3.00......33.00



Webpage (EPB Domain, EPB Hosted)**
Initial Set-up (one time charge).................$15.00
Initial directory and 2 Mb of file space..........15.00.....165.00
Each additional Mb of file space...................1.00......11.00
**available only to EPB customers.

Webpage (User Domain, EPB Hosted)**
Initial Set-up (one time charge).................$20.00
Internic Registration............................$35.00*/year
($70.00 advance, two [2] year fee required)
Registration submission............................Free
Five (5) Mb of storage............................25.00.....275.00
**available only to EPB customers.

Webpage (User Domain, User Hosted)
Initial Set-up (one time charge)..................$20.00
Internic Registration..............................35.00*/year
($70.00 advance, two [2] year fee required)
Registration submission.............................Free
Permanent IP Address with DNS.....................116.00..1,276.00
Additional IP Addresses with DNS (per address).....25.00....275.00

Point-to-Point Ethernet
One Point - $300/month for 100 Mbps Ethernet from point to EPB NOC +
$260/Mb/month for dedicated Internet bandwidth + $300 one-time
installation charge

Multi-Point - (Number of points - 1) x $300/month for 100 Mbps
Ethernet between the points + $260/Mb/month for dedicated Internet
bandwidth + $300 one-time installation charge per point

GigE Connections to Bowling Green, Ky. now available! Monthly Rates:
2Mb/second....................................$400.00*
50Mb/second....................................700.00*
100Mb/second.................................1,000.00*
1Gb/second...................................7,000.00*

Local Connections within the Glasgow Broadband Footprint:
1Gb/second circuit..........................$1,000.00/month*
*Note: One-time installation fee is $1,000.

Service (Maintenance) Calls:
Work done at customer's home.......................49.00/computer
Work done at EPB Office............................30.00/computer

Adding email, loading or upgrading browser, etc....30.00
Storage of files on EPB fileserver..................1.00/Mb/month

Service is subject to the General and the C/LAN-HomeLAN Rules and Regulations of EPB.

*Commercial buildings are defined as predominantly steel and/or masonry structures requiring specific wiring, conduit and/or other special provisions not currently encountered in residential applications.

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GLASGOW ELECTRIC PLANT BOARD
LAN RESIDENTIAL RATE
SCHEDULE RSB-L

Availability
Available to any Customer or Subscriber for residential service in all areas served by EPB's Broadband System.

Applicability
Applicable for service to individual family apartments with Glasgow Classic Cable Service purchased in bulk (Rate Schedule GSA-C[1]) by the apartment owner/operator. LAN service shall not be resold, shared with others, or in any way duplicated except for personal use.

Installation Charges (the EPB furnishes everything)

Installation Fees EPB Office...................................60.00/computer Minimum Installation Fee.....................30.00/computer Additional Outlet............................50.00 each Additional Outlet for Commercial Buildings...79.00 each Monthly Annual Rate (Advance) LAN access (speed of 2.5/512).................$26.00......$286.00 (for each PC connected; includes one [1] email account) LAN access (higher speed of 5/512)............$36.00......$396.00 (for each PC connected; includes one [1] email account) Lease of additional Cable Modem (each).........10.00.......110.00 Additional email Account (each).................3.00........33.00 Webpage (authored by Customer or Subscriber - available only to EPB customers) Initial Set-up (one time charge)................5.00 Initial directory and 1 Mb of file space........5.00........55.00 Service (Maintenance) Calls:
Work done at Customer's Home.....................49.00/computer
Work done at EPB Office..........................30.00/computer

Adding email, loading or upgrading browser, etc..30.00
Storage of files on EPB fileserver................1.00/Mb/month

Service is subject to the General and the C/LAN-HomeLAN Rules and Regulations of EPB.

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