Ohio Valley Cable

Terms and Conditions of Service (TOS)

For purposes of this document, Ohio Valley Wireless, Ltd dba Ohio Valley Cable and its owners, employees, and contractors shall henceforth be known as "OVC."

At OVC, we exercise no control over the content of the information passing through OVC. As a subscriber, you are fully responsible for the privacy of, content of and liability of your own communications. The persons and organizations, including OVC subscribers, who publish materials and information which are accessible through OVC are solely responsible for the content of such materials and information and are solely responsible to know and to comply with all laws applicable to the publication of such materials and information. OVC does not accept responsibility for the content of the materials and information published by others which are accessible through the OVC's networks and does not accept responsibility for the violation of any laws resulting from such publication.

With the exception of information specifically authored by or on behalf of OVC, OVC does not develop or publish, nor does OVC review, censor or edit the materials and information which are accessible through OVC, or the materials and information which are accessible through the other computer networks which may be connected to OVC. OVC does not censor, limit or control the information that comes in and out of our system, except in accordance with the provisions of this agreement and where applicable law.

We will rely on the complaints from any of the following: other subscribers on OVC's system, users on other hosts on the Internet, and/or any other information we may receive.

We will take immediate action against any OVC subscriber who abuses any of OVC's facilities, services or resources. OVC will review all complaints or instances of inappropriate utilization of facilities, services or resources. OVC will decide at its sole discretion what action is to be taken, including the suspension or termination of account services. If you have any complaints about other subscriber's utilization of OVC's services or facilities please contact us at once.

By using OVC's facilities, services or resources, subscriber is indicating acceptance to the terms and conditions set forth in this document. All subscribers must be of legal age to enter into a contract and may be required to provide proof of age. As a subscriber, you may not resell this service or access to this service in any way unless prior arrangement has been made.

Your account may be used by yourself, members of your immediate family or an authorized representative of your company. Use of your account by someone other than yourself, immediate family members or an authorized representative of your company may cause your service to be terminated. Spamming (the sending of unsolicited commercial e-mail) is not allowed. Furthermore, the sending of bulk e-mail (defined, at our discretion, as the sending of more than 50 e-mails per day) is prohibited.

OVC's services are provided on an as available basis and OVC makes no warranties of any kind, whether expressed or implied in connection with the products or services provided hereunder. OVC Internet Services SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Neither OVC nor OVC's officers, employees, directors, agents, contractors or staff shall be responsible for any liability or damages you suffer or others may suffer, which arise out of or relate in any way to this Agreement or your use of the equipment and services provided by OVC. This includes, but is not limited to, any liability for lost profits, loss of opportunity, loss of data, or any other loss including that which may result from any use, misuse, delay, non-deliveries, mis-deliveries, service interruptions, viruses, spyware, worms, negligence, errors or omissions. Use of any information obtained via OVC's network is at your own risk. OVC specifically denies any responsibility for the accuracy or quality of information obtained through our services.

It is the responsibility of all OVC's subscribers and their constituents who have access to OVC and to the networks of other providers, to comply with OVC's TOS Agreement and the acceptable use policies governing those networks. It is the responsibility of all subscribers and others who have access to OVC to:

1. Use OVC's facilities, services or resources in a manner which does not violate any applicable laws or regulations;
2. Respect the privacy of other subscribers or users of this or any other network, and to not intentionally seek information on, obtain copies of or modify files, other data or passwords belonging to others without permission;
3. Respect the legal protection provided by copyright, trademark, licenses and other laws to programs, data and documents. You may not upload to OVC any data or software that is subject to distribution or copyright limits. You have the sole liability for any data or software uploaded to OVC;
4. Minimize un-authenticated or anonymous access accounts and the transmission or distribution of messages or articles from those accounts;
5. Use OVC's facilities, services or resources in a manner which does not interfere with or disrupt other network users or subscribers, services or equipment. Such interference / disruption includes, but is not limited to:
a. Wide-scale distribution of messages to inappropriate forums or mailing lists,
b. Sending unsolicited bulk email (SPAM)
c. Propagation of computer worms or viruses
d. Use of the network to make unauthorized entry to other computational, information or communications devices or resources.
e. Use of the network for security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.
6. Use OVC's network and services in a manner which does not over-utilize OVC network resources or bandwidth. Bandwidth limits are put in place to help ensure that no one subscriber can use all network bandwidth and thereby degrade the experience of other subscribers. If a particular subscriber is found to be using considerably more bandwidth, on average, then fellow subscribers of the same bandwidth limited class, OVC reserves the right to request that the subscriber pay an additional monthly fee to help offset the over-utilization of bandwidth from that subscriber, or terminate the subscribers account, at OVC's option.

All subscribers are expected to use good judgment. A flexible, friendly atmosphere can be maintained if every subscriber uses the service with care. As the subscriber, you are responsible for actions taken by your account and are required to follow all applicable laws and statutes.

Any and all equipment provided by OVC to the subscriber or installed at subscriber's premises shall remain the property of OVC unless otherwise specified in writing. This equipment includes, but is not limited to: remote controls, power supplies, cable boxes, coaxial cabling, network cabling, power cables, antenna mounting hardware and equipment, antennas, transverters, cablemodems, routers, DSL modems, or other equipment.

In the event of non-payment of a sum due OVC or other reason for disconnection, OVC reserves the right to physically disconnect, uninstall, and/or remove any hardware or data provided to the subscriber or for the subscriber by OVC, whether the hardware / software / data be located on the client’s premises or elsewhere. For this purpose, the subscriber waives all rights regarding trespass and / or data access to OVC and issues OVC the necessary authorization for the enforcement of this agreement. The subscriber shall be held financially responsible for any equipment that is not returned, or that cannot be removed by our personnel.

Unless under contractual obligation, OVC's subscribers have the right to cancel their accounts at any time, for any reason. You must provide written notice to OVC 30 or more days in advance of the date you wish to discontinue service. In the event that a contract term applies, the subscriber agrees to pay the agreed to monthly fee for the duration of the contract term. In the event that the subscriber moves from their location to another location outside of OVC’s coverage area, the subscriber may be relieved of their contractual obligation to pay the monthly fee for the duration of the contract term, at OVC’s option.

OVC reserves the right to suspend and/or cancel any account in accordance with the provisions of this TOS Agreement or for any reason not prohibited by law, with or without explanation to the subscriber..

If your account is suspended or interrupted, you are not relieved of the obligation to pay the monthly account charges. Only a written notice to cancel this agreement relieves you of future charges. If you send us written notice via e-mail, regular mail, or fax, we will contact you or your authorized representative by phone to confirm your decision to cancel this agreement. If you cancel this agreement, payments for pre-paid months beyond the current month shall be refunded unless under contractual obligation.

All accounts will be billed monthly for service in advance. All invoices are due and payable upon receipt. Billing cycle is approximately 30 days. All returned checks will be subject to a $26.00 fee for each time they are rejected by subscriber’s bank. Account access may be interrupted if a bad check is not paid in full with all applicable fees via cash, money order, or cashiers check at our offices within 5 days of receipt from OVC. In the event that the subscriber’s bank returns three or more checks for insufficient funds in the same year to OVC, OVC retains the right to refuse checks from the subscriber henceforth, requiring payment via cash, cashier’s check, or money order.

Subscriber agrees to make payment in full to OVC for all amounts due according to OVC's invoice(s). Should subscriber default in any such payment(s), OVC shall have the right, without notice to subscriber, to declare all invoice amounts due and payable. Should an account become overdue, the account will be subject to suspension or disconnection. At that point, reconnection will require payment of balance in full plus a $25 reconnection fee. Should an account become excessively in arrears, OVC, at its option, may refer the account to a collection agency of its choice, whereupon debt is held by collection agency, and not OVC. At that point, the collection agency may report your payment status to credit reporting agencies. Subscriber agrees that any change in liability for any debts incurred to OVC due to a change in subscriber's form of business, shall not be effective as to OVC, until OVC receives actual notice of the change by certified mail.

In the event OVC should commence any action or actions, or otherwise seek to enforce this agreement against subscriber, subscriber agrees to pay reasonable attorney(s) fees, court costs and other expenses incurred by OVC, whether or not suit is filed. OVC reserves the right to assess legal fees, including attorney and court fees, upon any subscriber, who by their action or inaction directly or indirectly causes OVC to be a defendant, co-defendant or to have to testify in any civil or criminal legal action or arbitration.

Even though OVC does not actively review, censor or edit the materials and information which are accessible on OVC network or other networks which may be connected to the OVC network, if OVC becomes aware that a OVC subscriber is in violation of the law or this TOS Agreement, OVC reserves the right to impose disciplinary action up to and including, the expulsion of the subscriber from OVC, termination of OVC services, and forfeiture of all fees paid to date. Evidence of illegal or prohibited activities may be disclosed to law enforcement authorities.

This agreement shall be governed by the laws of the State of Indiana. This agreement shall be deemed to have been entered into in Vanderburgh County, Indiana, and the parties consent to the jurisdiction of the courts located in Vanderburgh County, Indiana, in connection with any legal proceeding which may be filed with respect to any of the within terms of engagement, and the parties further waive any objection to venue, and subject matter jurisdiction, service of process and/or personal jurisdiction in connection with any such legal proceedings.

Each OVC subscriber shall be responsible to distribute, publicize and enforce the OVC TOS at their sites. In addition, each OVC subscriber shall provide this policy to appropriate administrative authorities at all sites connected to theirs via connections not directly supported by OVC. OVC reserves the right to modify this policy at any time without explicit notice to subscribers. Updates to this document will be reflected in the TOS published on our web site at http://www.speedex.net/tos.html Should any part of this agreement be found to be invalid, the finding shall not serve to invalidate the agreement as a whole or other aspects of this agreement.