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.
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.
(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.
(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.
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.
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
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.
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
