Knology Telecommunications, Inc. and Knology Community Telephone, Inc. (collectively "Knology") have established an Acceptable Use Policy ("AUP") for the protection of Knology and its customers for use of Knology products and services, including, without limitation, Knology local exchange, long distance, Internet (to include Web sites), dedicated, and cable television services. Knology can be contacted at 1-877-633-4567 regarding any questions you have about this AUP, the company, or the company's products and services.
Please review the following policies, which will apply to the provisioning and use of the products and services as indicated.
1. Internet Services:
This policy applies regarding your use of any Knology Internet Service (dial-up, cable modem, DSL, wireless or data connection), all Knology Web/Email hosting products, and any Knology Web site ("Internet Service") and the provision by Knology of such Internet Service to you. By using the Internet Service, you are consenting to be bound by the terms of this AUP.
a. You may not use, or permit the use of, the Internet Service for unlawful purposes or for purposes that Knology finds unacceptable.
b. You may not transmit, post or receive certain material, which includes but not limited to the following: threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would result in a criminal offense or civil liability, or otherwise violate any local, state, national or international laws or regulations.
c. You may not:
(1) transmit any information or software which contains a virus, worm, Trojan Horse, or other harmful component;
(2) transmit or download any information, software or other material that is protected by copyright or other proprietary right (including trade secret materials), or derivative works thereof, without obtaining permission of the copyright owner or right holder;
(3) transmit any bulk e-mail, whether or not solicited; or
(4) transmit any unsolicited bulk e-mail (also known as "spam").
You agree to indemnify Knology and hold Knology harmless from any and all claims, damages, losses, and expenses (including attorneys' fees and expenses) resulting from or allegedly resulting from your use of the Internet Service whether or not such use is found to be in violation of any statute, rule or regulation.
d. You may not use the Internet service or facilities for gaming, web-hosting, e-mail hosting or voice over Internet protocol (VoIP) calling unless you have made special subscription arrangements with Knology and the usage does not otherwise violate law or regulation.
e. Access to Other Networks. Any time you access another network through the Internet Service,
you must comply with that network's rules and policies. You agree to indemnify Knology and hold Knology harmless from any and all claims, damages, losses, and expenses (including attorney's fees and expenses) resulting from or allegedly resulting from your access or use of other networks.
f. Control Over Content. Knology provides access to various forms of content that are available over the Internet. Knology does not screen in advance any specific information available over the Internet. Knology reserves the right, but does not assume the responsibility, to block or limit access to general categories of content that Knology deems in its sole discretion to be harmful, offensive, or otherwise in violation of this AUP. Knology disclaims any liability for any act or failure to act with respect to content received over the Internet. It is your responsibility to control access to information that you might find unsuitable. This includes controlling access by minors through your account. By signing up for the Internet Service you acknowledge receiving this disclaimer and agree to hold Knology harmless for language, opinions, discussions or graphics that may be viewed on the Internet Service. Knology has no obligation to monitor the Internet or any service offered via the Internet, including the Internet Service; however, you agree that Knology has the right to monitor electronically, from time to time, and to disclose any information as Knology in its sole discretion deems necessary to satisfy any law, to operate its Internet Service properly, or to protect itself or its subscribers.
g. ELECTRONIC COMMUNICATION PRIVACY ACT (ECPA) NOTICE. In accordance with ECPA, you are hereby notified that Knology does NOT offer the same kind of privacy for e-mail or files that you have for regular paper mail.
h. Knology provides spam and virus filtering. However this is not a substitute for a customer providing his or her own methods of security and protection. Knology specifically disclaims any liability for any virus or spam received by the customer while connected to a Knology Internet service.
i . Knology subscribers may use facilities accessible through the Knology Internet service, under the following conditions:
(1) No one may attempt to access any facility that will result in the third party charges to Knology.
(2) Any user who believes that someone else has sent news or e-mail under his/her name or site should immediately notify the Knology System Administrator. An email should be sent to abuse@knology.net if you wish to report any abuse.
(3) The System Administrator will maintain the privacy of restricted files or of any user consistent with Knology Internet Terms and Conditions and the Acceptable Use Policy, Knology, however, retains the right to access these files to correct problems, maintain service or investigate possible breach of this agreement, without prior consultation with the user.
(4) The System Administrator has the absolute right to suspend any login at any time without cause or notice if:
  (a) A local user or another Internet Service Provider Webmaster or System Administrator complains of extreme abusive behavior by the login user.
  (b) The System Administrator judges the login user's actions to be a threat of immediate harm to any computing facility.
  (c) The login user violates, or appears to be in violation of, any provision of the Terms and Conditions or the Acceptable Use Policy.
(5) The customer is responsible for the protection of his/her account and data. The Internet is not a secure system. Knology specifically disclaims any responsibility for the security of the Customer's account(s) and data stored in Knology facilities.
(6) Use of Information obtained via Knology Internet services is at Customer's own risk. Knology specifically disclaims any responsibility for the accuracy, privacy or quality of the information received or transmitted.
(7) The sharing of passwords or accounts is strictly prohibited and violators are subject to cancellation of their account(s) without prior notice.
(8) Sending unsolicited e-mail, harassing or threatening e-mail, large volumes of e-mail, excessive cross posting or posting the same article to several newsgroups (spamming) is prohibited. Violations of this rule will result in immediate cancellation of the users account without recourse.
(9) The resale of any Knology Internet services or any associated services is strictly prohibited unless approved in advance in writing by Knology.
(10) Knology reserves the right to evaluate on an individual basis the bandwidth or hardware utilization of individual accounts. Excessive bandwidth or hardware utilization that affects the ability of Knology to provide service will result in the account being re-evaluated and may, at the discretion of Knology, require the user to upgrade the account service agreement or to notify the activity creating the excessive use.
(11) Using computer programs or hardware to defeat system timers designed to limit inactivity or allocate Knology Internet resources is prohibited.
(12) Personal web space is for personal use only and may not be resold. It is not provided for business purposes such as for advertising or marketing of any product. Non-Profit organizations may utilize the site in compliance with this AUP. Violating the terms for use of web space may result in removal of the materials from the server. Knology does not allow copyrighted materials to be posted on personal web space without permission of the copyright holder. Knology does not allow pornographic materials to be posted on personal web space. Knology also reserves the right to remove any material that is deemed illegal, inappropriate or creates excessive load on its web server.
(13) Usenet Groups are provided by Knology for use by its customers. Content restrictions include, but are not necessarily limited to:
(a) illegal or copy righted content is not permitted, and
(b) postings that do not conform to the various conventions, guidelines and local culture found in each newsgroup as a whole. Posting multiple copies of the same message in a 30-day period (spamming) is prohibited. Posting articles with falsified header information is prohibited.
The Internet account of any user of the Knology Internet system that violates ANY single one of the above rules will be subject to immediate cancellation.
j. Additional Information regarding Use of the Knology Internet Service: As a user of the Internet Service, you may be assigned an IP address. This address is controlled by Knology and may be provided to you during the time that you use the Internet Service. Any IP addresses assigned to you are controlled by Knology and are not transferable to any other party. You will not be allowed to maintain this IP address if you discontinue your use of the Internet Service.
IF YOU VIOLATE THIS AUP, YOUR INTERNET ACCOUNT MAY BE SUSPENDED OR TERMINATED WITHOUT NOTICE, AND WITHOUT A REFUND, AT THE DISCRETION OF Knology.

2. Local Exchange, Long Distance and Dedicated Telecommunications Services:

This policy applies regarding your use of any Knology local exchange, long distance or private line services, whether provided pursuant to tariff or contract or both. By using any of these services, you are consenting to be bound by the terms of this AUP.
a. Service is furnished only for your use and those authorized, either directly or indirectly, by you to use the service. You are responsible for any charges incurred by use of the service so authorized.
b. Employees or agents of Knology may enter your property at any reasonable hour to install, relocate, maintain, or remove Knology's facilities used for providing Knology services. Knology may remove those Knology facilities incident to the termination or cancellation of Knology services. Any facilities on your side of the demarcation point furnished by Knology as part of a specific service remain the property of Knology, and Knology shall have access to those facilities as specified in this provision.
c. Knology does not undertake to furnish or continue to furnish service to you through a particular central office or other facility. Knology may change a customer's telephone number or central office designation whenever it deems it desirable in the conduct of its business. You may initiate a change in telephone number, which change will be accommodated if the necessary facilities and technology exist.
d. Knology may disconnect telephone service to you:
(1) Without notice under the following conditions:
  (a) Tampering with Knology's equipment;
  (b) A condition determined to be hazardous to you, to other customers of Knology, to Knology's equipment, the public, or to employees of Knology; or
  (c) Your use of equipment in such a manner as to adversely affect Knology equipment or Knology service to others.
(2) With five (5) days (excluding Sundays and legal holidays) notice for:
  (a) Your failure to pay a bill for service when due;
  (b) Your failure to meet Knology deposit and credit requirements;
  (c) Your failure to make proper application for service;
  (d) Your violation of any of Knology rules on file with a Commission;
  (e) Your failure to provide Knology reasonable access to its equipment and property;
  (f) Your breach of the contract for service between Knology and the you;
  (g) Your failure to furnish such service, equipment, and/or rights-of-way necessary to serve you as specified by Knology as a condition of obtaining service; or
  (h) Knology to comply with any order or request of any governmental authority having jurisdiction.
e. When you fail to pay outstanding charges for toll services provided by Knology, all toll service will be denied. If your residential or business local service remains connected, toll service will be restored upon payment of all outstanding toll charges and the payment of a toll restoration service charge, if any.
f. Knology liability for errors or omissions in directory listings is limited to one-half the charges for the service affected for the period between the issuance of the directory in which the error or omission occurred and the publication of a new directory containing the proper listing.
g. The recording and reproducing of telephone conversations must be made in accordance with the provisions outlined in Section 64.501 of the FCC's rules.
h. Caller ID – Blocking Options Notice. Because of the Caller ID feature, your name and/or telephone number may be identified to the party you are calling. You may block the display of your name and/or number by dialing *67 (1167 from a rotary dial phone) and then dialing the seven or ten digit telephone number you wish to call. There is no charge for this service and it is automatically on your line. You can also request that your line be automatically blocked from sending your name and/or number. There may be a charge for this service, and you can unblock individual calls by dialing *82 (1182 from a rotary dial phone) to allow your name and/or number to go to the called party.
i. Other Restrictions – Knology reserves the right to review Customers usage of local and/or long distance services at any time. Other restrictions may apply if it is determined in Knology's sole judgment that an abuse has occurred. Long distance service is provided for personal use only. Customer is responsible for all charges incurred by use of the long distance service. The use of a long distance service plan for purposes not intended by the plan including, but not limited to using a discounted plan for access to an Internet Service Provider or for any business purposes may result in Customer being removed from the discounted plan and liable for higher long distance pricing rates.

3. Cable Television Services.

This policy applies regarding your use of any Knology cable television services. Cable television services do not include cable modem services or any broadband service using the cable network. By using any of these services, you are consenting to be bound by the terms of this AUP.
a. Your services may be terminated with or without notice for the following reasons:
(1) Failure to pay the cable television services portion of the monthly bill when due;
(2) Tampering with Knology equipment;
(3) Breach of any contract for cable service between Knology and you; or
(4) Theft of service by tampering with, or knowingly allowing or failing to report knowledge of tampering with, Knology facilities.
b. Services may also be terminated with or without notice for the unauthorized retransmission or reselling of programming content and for violation of programmer restrictions on any programming services in commercial establishments.
c. Where Knology detects signal leakage as described in Title 47, Code of Federal Regulations, Subpart 76.617, Knology shall discontinue service until the problem is corrected.
d. Knology reserves the right, in addition to termination of services, to seek civil or criminal penalties for violations of the terms of this AUP regarding use of cable television services.

4. Policies Applicable to All Services.

a. WARRANTIES. Knology MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, FOR THE SERVICES IT IS PROVIDING. Knology DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Knology WILL NOT BE RESPONSIBLE FOR ANY DAMAGE SUFFERED BY THE CUSTOMER, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, FAILURE TO DELIVER, MISTAKEN DELIVERIES OR SERVICE INTERRUPTIONS. THE USE OF ANY INFORMATION OBTAINED THROUGH THE INTERNET SERVICES IS AT YOUR OWN RISK. Knology MAKES NO WARRANTY AS TO THE CONTENT OR ACCURACY OF THE INFORMATION.
b. Limitation of Liability. Knology shall not be liable for any incidental, indirect, punitive, special or consequential damages of any kind including, but not limited to, any loss of use, loss of business, or loss of profit, and regardless of the form of the action, whether in contract, warranty, strict liability or tort, including without limitation, negligence of any kind, and regardless whether a Party was advised, had reason to know, or in fact knew of the possibility of liability. Knology shall not be liable for the acts, omissions or delays imposed by third party vendors. Unless otherwise provided for in this Agreement, any Knology liability to a customer for any damages of any kind under this AUP shall be limited to an out-of-service credit determined by a pro-rated amount equal to the charges due for each twenty-four (24) hour period service has not been satisfactorily provided.
c. Payment of Bills. The customer is responsible for the payment of all charges for facilities and services furnished at the customer's request. Bills are due when rendered and are payable at locations designated by Knology. Failure to receive a bill does not exempt the customer from the prompt payment of the amount due. A charge will be assessed to a customer account for return of any check or other instrument of payment for insufficient funds.
d. Knology Facilities. The customer will be responsible for damage to facilities of Knology caused by the negligence or willful act of the customer or any customer-authorized user. Knology-owned facilities will, upon termination of service for any cause whatsoever, be returned to Knology in good condition, reasonable wear and tear excepted. The customer shall protect the facilities of Knology used to provide service and located upon the customer's premises and grounds against other users. Suitable commercial power, power wiring and outlets, housing, heat, light, ventilation and conduit as required for the operation of facilities furnished for the use of a customer in or on their premises and grounds shall be provided, i.e., furnished, installed and maintained, by and at the expense of the customer. No equipment, apparatus, circuit or device not furnished by Knology shall be attached to or connected with the facilities furnished by Knology, whether physically, by induction or otherwise, except as permitted by Knology. In case any such unauthorized attachment or connection is made Knology will have the right to remove or disconnect the same or terminate the service.
e. The minimum initial period for service and provisioning of facilities is one month at the same location, unless otherwise specifically provided for by tariff or contract. Termination of service for any reason within this initial service period will result in customer liability for the full month's charges. Services furnished with initial service periods of more than one month shall be subject to an early termination charge.
f. Miscellaneous. Knology reserves the right to modify this AUP from time to time, which shall become effective upon posting to the Knology Web site located at www.prairiewave.com, or its successor site. Continued use of service constitutes acceptance of modifications made to this AUP. If you engage in any activities which cause damage to Knology, its customers, or its suppliers, Knology reserves the right to pursue a claim against you, including, but not limited to, a claim for monetary damages to address economic losses that may occur. Nothing contained in this AUP shall be construed to limit the rights and remedies of Knology, and Knology hereby reserves all such rights and remedies which may be available to it at law or in equity.
g. Enforceability. In the event that any portion of this AUP is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Any failure by Knology to insist upon or enforce strict performance of any provision of this AUP shall not be construed as a waiver of any provision or right. This AUP shall be governed by and construed in accordance with the laws of the state where the service is provided, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Knology Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is waived. For any questions or information regarding this acceptable use policy please email; webmaster@knology.com