RAINBOW COMMUNICATIONS TERMS AND CONDITIONS OF SERVICE

Transcription

1 RAINBOW COMMUNICATIONS TERMS AND CONDITIONS OF SERVICE Pricing & Payment: Service pricing may differ by service area. Rainbow Communications is not required to notify customer of offers it makes available to others, or to lower rates equal to those contained in such offers. Local phone subscription is required to receive advertised pricing for internet and television services in the service areas of Arrington, Bendena, Denton, Everest, Huron, Larkinburg, Leona, Muscotah, Robinson, Severance, Whiting and Willis. Telephone rates are tariffed in the state of Kansas, and any cable TV rate changes will be made following FCC guidelines. All rates do not include Federal or State Universal Charges, 911 fees, surcharges or taxes. Rainbow Communications may verify customer s credit standing and may require a deposit. Customer shall pay for services received plus applicable fees, taxes, and surcharges. Rainbow Communications reserves the right to change, cancel, or substitute similar services at its sole discretion. If customer fails to pay in full by the due date on your billing statement, Rainbow Communications may require that you pay the following additional amounts: a late fee, a collection fee, and any additional amounts we spend to collect the money you owe. (Do we add that even if the customer has not received a bill?) Terms of Agreements: Agreements shall begin on the signed date or verbal consent of contract. Thereafter the agreement will automatically apply from month to month basis. An early termination fee of $100 will be charged if customer disconnects while under the contracted agreement. The services Rainbow provides and the way it is delivered will change from time to time, in part due with efforts to keep up with technological advances. These changes may impact the services customer receives and the Customer Premise Equipment. Rainbow Communications will conduct maintenance on the system from time to time that may interrupt services. Bundles: Rainbow Communications requires a one- year agreement to guarantee the discounted bundle pricing for 12 months. If customer terminates the bundle before the 12 month term, then customer will pay a termination fee of $100. If customer does not terminate services, but instead chooses a lesser bundle within the first 12 months, then customer may pay a $30 bundle downgrade fee instead of the $100 termination fee. Local phone bundle customers must subscribe to a qualifying long distance plan. Power Outages: Rainbow Communications equipment is electrically powered, and services, including home security services, may not operate in the event of an electrical power outage. If a power outage occurs in your home and if your equipment is equipped with a battery, it may enable back- up service for a limited period of time or not at all, depending on the circumstances. In such circumstances, it may limit accessibility to 911 emergency services. Moving to another address, altering, unplugging or tampering with Rainbow Communications telephony modem may result in the loss of immediate accessibility to 911 emergency services, as well. 1

2 Long Distance: In- state long distance is defined as all area codes in the state of Kansas (785, 913, 316, & 620). Out- of- state long distance is defined as all domestic area codes outside the state Kansas with the exception of Hawaii and Alaska. Hawaii, Alaska, and international long distance charges will vary. Additional charges apply to operator- assisted calls. Unlimited long distance applies only to residential domestic direct dialed voice calls anywhere in the continental 48 states. Unlimited long distance does not include charges incurred for calling card services, operator assisted calls, collect calls, calls to 900 numbers, or directory assistance. If Rainbow Communications determines that usage is not consistent with typical residential customer usage (over 2000 minutes), the customer may be subject to disconnection of the unlimited plan and offered an alternative long distance plan at our discretion. Internet: Rainbow requires each Internet customer to agree to our Acceptable Use Policy. The policy is easily accessible from our HOME Page, by clicking on the link Acceptable Use Policy which is located on the site menu. Rainbow Communications may monitor your bandwidth usage patterns and your compliance with the Acceptable Use Policy. Performance may vary due to conditions outside of our network control. No minimum level of speed is guaranteed. Conditions affecting speed may include customer location, physical equipment limitations, network congestion, server or router speeds of website accessed or inside wiring or telephone conditions. Excessive Use Policy: Providing customers with the best Internet service possible is Rainbow Communications goal. Whether it is connecting with family or friends via or social networking, downloading music & photos, streaming video, or gaming; we understand the importance of delivering a reliable service so our customers can experience all of these activities. However, because high- speed bandwidth and network resources are not unlimited, excessive bandwidth usage by a small percentage, less than 1%, of customers can have an extreme impact on the entire broadband network and lessen the Internet experience possibly for the entire customer base. To accomplish the goal of providing the best Internet service possible, Rainbow Communications will contact customers whose bandwidth usage is considered excessive, over 150 GB, and try to help those customers find an Internet plan that better suits their needs. If a reasonable solution is not found and usage remains excessive, Rainbow Communications reserves the right to limit, suspend, or terminate the high volume user s Internet service Customer will take reasonable precautions to prevent others from gaining unauthorized access to Rainbow s Internet service. For example, if you use a home wireless network with our Internet service, then you will establish and use a secure password. 2

3 Television Service: Many factors affect the availability, cost and quality of programming and may influence the decision to raise prices. Accordingly, we must reserve the unrestricted right to change, rearrange, add or delete our programming packages, the channels in those packages at any time. You must subscribe to a qualifying package in order to receive advance programming. In certain service areas a receiver is required to access Rainbow Communications television service and expanded digital programming packages. High definition (HD) receivers are available but will require a HD ready TV and HD programming to receive actual high definition services. Specified HD local channels are available at no additional programming cost with the lease of a HD or HD/DVR receiver. Premium high definition channels are only available to the premium channel subscriber who also leases a HD or HD/DVR receiver. Pay- per- view customers are responsible for all movies downloaded to their digital set- top boxes. There is a $100 cap for each billing month. Safeguard Plus Protection Plan: The Safeguard Plus Protection Plan covers replacement of existing wiring, equipment, parts, labor, and associated trip charge costs. Includes existing wiring from the NID (Network Interface Device) or cable drop through the jacks or outlet where you plug in your phone, modem, receivers and/or TV connection. Equipment includes, but not limited to, receivers, phone and/or Internet modems, routers, and wireless antennas resulting from breakdown of the product, normal wear and tear, including those manifesting from power surges. This plan does not cover intentional or criminal acts, damage from abuse or misuse, introduction of foreign objects in the product, third party actions including fire, collision, vandalism, loss or theft, wiring in new locations or for new jacks, inside wiring of recreational vehicles, key systems and/or PBX. The plan is inclusive of the manufacturer s warranty; it does not replace the manufacturer s warranty, but provides certain additional benefits. If customer subscribes to more than one telephone line, customer must subscribe to Safeguard Plus Protection Plan on all lines in order to be covered. If Rainbow Communications installed equipment breaks down due to the mechanical or electrical failure of the product caused by defects in workmanship and/or materials within the first 30 days of install, Rainbow Communications will replace equipment at no cost. Customer must report such issue within the 30- day period. Customer has the option to cancel Safeguard Plus Protection Plan at any point at no additional cost, unless customer has entered a 12- month agreement with Rainbow Communications at time of repair or replacement. If a 12- month agreement has been entered then a termination fee is required. 3

4 Computer Repair: Rainbow Communications may perform a diagnostics check to determine identifiable issues with customer hardware or software and to also determine if parts are needed to complete the repair. Once computer services are rendered the customer has 5 business days to contact Rainbow Communications or return the repaired item if customer is not satisfied with the repair work for any reason with the exception of virus, spyware, and malware related removal which are guaranteed only at time of repair. Rainbow Communications is not responsible for loss of data. The customer acknowledges responsibility for backing up any and all software and data before delivering the equipment to Rainbow Communications, including specific backup requests. The customer agrees that all charges are due and payable before the equipment may be released to the customer, unless other payment arrangements have been made in advance. The customer agrees that if the equipment is left at Rainbow Communications for a period exceeding 90 days from the repair date, the equipment may be sold to recover unpaid amounts. Customer Proprietary Network Information (CPNI) Federal law allows you, the consumer, to choose how we at Rainbow Communications use your Customer Proprietary Network Information (CPNI). CPNI is data that is not publicly available, such as type of service you subscribe to, the number of telephone lines you have, and how much you use your service. In order to meet the needs of our customers, we may share CPNI information with other companies, including our billing company, Innovative Systems; our collection agency, KCI, and our engineering firm RVW. We will only disclose your CPNI records for the specific intent to analyze and/or provide services. You have the right, under federal law, to control how your CPNI records are used. Rainbow has the responsibility to protect your CPNI records. To restrict the use of your CPNI records, you should contact us in writing at Rainbow Communications, PO Box 147, Everest, KS or us at rainbow@rainbowtel.net. Restriction of the use of CPNI records will remain valid until you contact us in writing or until further notification. If you decide not to let us use your CPNI records, this will not affect, in any manner, the services to which you subscribe. Lifeline Phone Service Lifeline is a federal program offering a telephone discount to low-income consumers in all US states and territories. The discount covers either a wire-line or a wireless phones, but not both. For consumer education, please visit (USAC site) To apply for Lifeline, call Rainbow Communications at # For a printable application please click here. (pdf) link: Closed Captioning To report a technical issue regarding closed captioning, please contact Beverly Armstrong, Director of Administration, by calling (785) Written complaints may be sent to Beverly Armstrong, Director of Administration, via mail: P.O. Box 147, Everest, KS 66424; fax (785) ; or (add form here) 4

5 1. TERMS AND CONDITIONS OF SERVICE AND BILLING PROCEDURES. The items listed below outline the terms and conditions of service, billing procedures and relationship between you, the Customer, and Rainbow Communications regarding the provision of the Rainbow Communications selected Services. Customer agrees to be bound by all the terms and conditions contained herein. Customer s signature on application evidences the agreement and certifies acknowledgement of receipt of the installation packet, which includes, among other things important customer information. Further, you agree to additional terms and conditions of service at: 2. SUBSCRIPTION AND PAYMENT TERMS. Customer is subscribing to Services set forth on this work order. Customer agrees to pay monthly charges in advance, all applicable taxes and fees. Customer agrees to pay for all Services provided by Rainbow Communications including but not limited to charges for installation, Equipment, Services provided on a per-channel or per-program basis, and all applicable local, state or federal fees, taxes and surcharges. 3. LATE/OTHER CHARGES. You understand that we may impose an administrative late fee ( Late Fee ) for each month s charges not paid when due. The Late Fee is intended to be a reasonable advance estimate of costs to manage past due accounts. Some examples of costs incurred to manage past due accounts include the additional expense associated with preparing additional bill statements, processing Customer s service records, mailing additional notices, tracking past due accounts, responding to inquiries regarding past due balances, making collection telephone calls, performing special procedures to process past due payments, generating work orders and performing necessary field work to collect past due accounts. Rainbow Communications does not extend credit to our Customers and the Late Fee is not interest, a credit service charge or a finance charge. If Service is disconnected, we may impose a reconnect charge and/or security deposit, in addition to collecting any outstanding balance, including Late Charge, before service is restored. If your check is returned for insufficient funds, we may impose a service charge up to $30. If you have not paid amounts due within 30 days of the due date, and we use the services of a collection agency and/or attorney to collect amounts due, you agree to pay to us, in addition to other amounts due, all reasonable agency and attorneys fees that we incur, including without limitation, court costs. An early termination fee may be charged if you disconnect service while under the contracted agreement. After the term of the agreement, the agreement will automatically be on a month to month basis. 4. OWNERSHIP OF EQUIPMENT - RISK OF LOSS. Equipment includes all Equipment installed in or on your premises by us including, without limitation, set-top boxes, remote control devices, cable modems, EMTA, wiring, and remote control. This equipment and other Rainbow Communications property and facilities (Equipment) delivered to Customer and/or installed on the premises to receive the Service shall remain the sole and exclusive property of Rainbow Communications. Customer assumes the risk of loss, theft or damage to all Equipment at all times prior to the removal of the units by Rainbow Communications or return of the units by Customer. You agree to pay any Equipment lease charges associated with the Service. Upon termination of service for any reason, you agree to immediately return all Equipment in the operating condition as when received (reasonable wear and tear excepted) directly to Rainbow Communications within 10 days of the termination. In the event that the Equipment is destroyed, damaged, lost or stolen, or not returned to Rainbow Communications for any reason within 10 days of termination, including fire, flooding, storm or other incident beyond Customer s control, Customer shall be liable to Rainbow Communications for the full replacement cost of any unreturned or damaged Equipment. You understand and agree that any deposit account may be used to offset the cost of any unreturned or damaged Equipment. Further, you understand and agree that Rainbow Communications may charge your credit card on file at termination of Service for the cost for any unreturned or damaged Equipment, in accordance with applicable law. 5

6 5. TAMPERING/MISUSE/LOST/STOLEN. You shall not alter, misuse, repair, or in any manner tamper with the Equipment or outlets or remove from the Equipment any markings or labels. Equipment cannot be removed from your premises and used in another location. You are responsible for the safekeeping of all Equipment. If any Equipment is destroyed, damaged, lost or stolen while in your possession, you shall be liable for the cost of repair or replacement of the Equipment. 6. TERMINATION OF SERVICE BY CUSTOMER. You may terminate Service in person at any Rainbow Communications office or by telephone. Account holders are liable for all Services rendered by us up to the time the account has been de-activated and we have received all Equipment. 7. THEFT OF SERVICE. The receipt of Services without our authorization is a crime. You understand that the law prohibits: 1) theft or unauthorized reception of cable programming; 2) assisting theft or unauthorized reception of cable programming (including the manufacturing or sale of equipment intended for such unauthorized use); and 3) willful damage, alteration or destruction of Equipment. You can be subject to both civil and criminal penalties for such conduct. Customer shall not intercept, receive, share or assist in the interception, receipt, or sharing of any Service offered by Rainbow Communications without the prior written authorization of Rainbow Communications. Customer shall not move Equipment to another location or use it at an address other than the Service address without prior authorization from Rainbow Communications. 8. TERMINATION OF SERVICE BY RAINBOW COMMUNICATIONS. We will give you ten (10) days prior written notice of a disconnection of all or part of your Service, except if the disconnection is requested by you, is necessary to prevent theft of service, or is necessary to reduce or prevent signal leakage. Upon termination for any reason, the company may charge additional fees on any unpaid balance. Rainbow Communications reserves the right to continue billing for services through the end of the billing cycle and until all Equipment has been returned. You understand and agree that any deposit account may be used to offset any outstanding balance and or the cost of any unreturned or damaged Equipment. Further, you understand and agree that Rainbow Communications may charge your credit card on file at termination of Service in the amount of any outstanding balance and/or for the cost for any unreturned or damaged Equipment, in accordance with applicable law. 9. CHANGES IN SERVICE/CHARGES. We may change our Services and charges, including deleting Services. We will give you thirty (30) days prior written notice of increases or other changes in charges or Services in conformity with applicable law. You acknowledge that the content, programs and/or formats of the Services may be discontinued, modified or changed by the owners of the services at any time without prior notice. 10. TRANSFER OF ACCOUNT/CHANGE OF RESIDENCE. The Service shall only be provided to you at the address where Rainbow Communications installation is performed. Customer may not transfer Customer s rights or obligation to the Service to any successor tenant or occupant or to any other address without Rainbow Communications prior consent. 11. SERVICE AND REPAIRS. We will make reasonable efforts to maintain our cable system and respond to service calls in a timely manner. We will repair damage to Equipment, or interruption of Service, due to reasonable wear and tear or technical malfunction. Physical damage to Equipment caused by intentional or negligent misuse is your sole responsibility and may be required to pay for the cost of repair or replacement. 12. ACCESS ON PREMISES. If necessary, you grant Rainbow Communications a permanent easement on your premises to construct, install, maintain, inspect and/or replace our outlets, cable television & telephone transmission lines, power supplies and all other Equipment necessary to provide Services and from time to time check for signal leakage. If you are not the owner of the premises, you warrant that you have obtained the consent of the owner of the premises for us to make installation and maintenance contemplated by this Service Order. 6

7 13. COMPLIANCE WITH AGREEMENT. We reserve the right to suspend performance or terminate Service for the breach of any of these terms and conditions or our policies related to the Services. 14. PARENTAL CONTROL. Parental control features are available for use with the Service to block or lock-out certain video programming channels and/or filter certain Internet content. You will find information in your installation packet on how to enable these features. 15. CORRESPONDENCE. Do not mail written correspondence with your bill statement. PLEASE SUBMIT ALL CORRESPONDENCE TO RAINBOW COMMUNICATIONS, PO Box 147, Everest, KS PRIOR ACCOUNTS. Customer warrants that no monies are owing to Rainbow Communications from previous accounts with Rainbow Communications. If Rainbow Communications finds a prior account with Customer with monies owed to Rainbow Communications, then Rainbow Communications may apply any funds received to that prior account. 17. AMENDMENT. We may amend these terms and conditions of the Agreement, on a prospective basis, upon reasonable prior written notifications to you. 18. NOTIFICATIONS. You acknowledge receipt of an Annual Cable Customer and Privacy Notification as required by federal law. 19. CUSTOMER WARRANTIES. You represent and warrant that you are at least 18 years of age and are legally authorized to enter into this Agreement. You warrant that you are legally empowered to authorize Rainbow Communications to enter upon the premises for the purpose of (a) placing transmission lines in the utility easement on the property, including, if necessary, an above ground pedestal in the easement; (b) attaching wiring and equipment to the structure; and (c) installing, maintaining, repair, disconnecting Service. 20. WARRANTY DISCLAIMER; LIMITATION ON DAMAGES. OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. a.) Rainbow Communications makes no warranty, express or implied, including any warranty of merchantability, fitness for a particular purpose or non-infringement of either the Equipment or Service furnished hereunder. b.) Limitation of Liability. Rainbow Communications shall not be liable to Customer for indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with the Service or any acts or omission associated therewith, including any acts or omissions by subcontractors of Rainbow Communications, or relating to any services furnished, whether such claim is based on breach of warranty, contract, tory or any other legal theory and regardless of the causes of such loss or damages or whether any other remedy provided herein fails. c.) Customer Exclusive Remedy. Rainbow Communications entire liability and Customer s exclusive remedy with respect to the use of the Services or any breach by Rainbow Communications of any obligation Rainbow Communications may have under these Terms and Conditions shall be Customer s ability to terminate the Service or to obtain the replacement or repair of any defective Equipment. In no event shall Rainbow Communications liability to Customer for any claim arising out of this Agreement exceed the amount paid by Customer during the preceding thirty (30) day period. 21. CUSTOMER INDEMNIFICATION. YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS RAINBOW COMMUNICATIONS AND ITS EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS AND CONTRACTORS AND SHALL REIMBURSE US FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND COSTS) INCURRED BY US IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS AND CAUSES OF ACTION ARISING OUT OF (i) YOUR USE OF THE SERVICE OR EQUIPMENT; (ii) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM YOUR USE OF THE 7

8 SERVICE OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; AND (iii) YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT. 22. RESTRICTIONS. Customer may not order or request PPV, digital music, or any other programming for receipt, exhibition or taping in a commercial establishment. Customer may not exhibit nor assist in the exhibition of PPV programming in a commercial establishment unless explicitly authorized to do so by written agreement with an authorized program provider. If Customer fails to abide by this restriction, Customer accepts liability for and agrees to indemnify and hold Rainbow Communications harmless for any and all claims made against Rainbow Communications on account of the exhibition or taping. 23. PROGRAMMING. Customer acknowledges that Rainbow Communications, the broadcasters and/or programmers have the right at any time to preempt without notice specific advertised programming and to substitute other programming. 24. SERVICE INTERUPTIONS. We assume no liability for interruption of Service or alterations in programming due to circumstances beyond our control, including without limitation, acts of God, natural disaster, fire, civil disturbance, strike or weather. We assume no liability for any substitution, discontinuation or modification of any programming. We will restore service within seventy-two (72) hours after you report a service interruption or other problem if the cause was not beyond our control, including without limitation, acts of God, natural disaster, fire, civil disturbance, strike or weather. 25. VOICE 911/E 911 SERVICE LIMITATIONS AND LIMITATION OF LIABILITY. You understand and acknowledge that you may lose access to Rainbow Communications Phone service or the service may not function properly, including the ability to call for 911/E911 service, under certain circumstances, including but not limited to, the following: (i) RAINBOW COMMUNICATIONS NETWORK OR FACILITIES ARE NOT OPERATING (ii) IF YOU OTHERWISE LOSE YOUR BROADBAND CONNECTION; (iii) IF YOU ARE EXPERIENCING A POWER OUTAGE (iv) IF ELECTRICAL POWER TO THE MODEM IS INTERRUPTED; and (v) IF YOU FAILED TO PROVIDE A PROPER SERVICE ADDRESS OR MOVED THE SERVICE TO A DIFFERENT ADDRESS. You understand and acknowledge that in order for your 911/E911 calls to be properly directed, Rainbow Communications must have your current service address and if you move your Service to a different address without Rainbow Communications approval, 911/E911 calls may be directed to the wrong emergency authority, may transmit the incorrect location address for responding or the Rainbow Communications Phone service (including 911/E911) may fail altogether. You are required to notify Rainbow Communications of any change of address of the voice enabled advanced modem for E911 calling service to work properly. You agree that, to the maximum extent allowed by law Rainbow Communications shall have no liability for any damages caused, directly or indirectly, by customer s inability to access the Services, including the Rainbow Communications Phone and 911/E911 services. You agree to defend, indemnify, and hold harmless Rainbow Communications, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, you or any third party or user of your account relating to the absence, failure or outage of the Service, including 911 dialing and/or inability of you or any third person or party or user of the Service to be able to dial 911 or to access emergency service personnel. 26. INTERNET ACCESS SPEEDS. The Internet access speeds quoted are the maximum rates by which downstream Internet access data may be transferred between Rainbow Communications facilities and the network interface device at your home, office or apartment building. The maximum rate is not guaranteed and may vary. The quoted speeds should not be confused with the speed at which Customer s modem receives and sends Internet access data through the public internet as such speeds are impacted by many factors beyond Rainbow Communications control. Actual Internet speeds vary due to many factors including the capacity or performance of your computer or modem and its configuration, your wiring and any wireless configuration, your destination and traffic on the 8

9 Internet, internal network or other factors at the internet site with which you are communicating, congestion on the network and the general speed of the public internet. The actual speed may affect your on-line experience including ability to view streaming video and speed of downloads. Except as otherwise provided by law, we reserve the right to implement network management controls to optimize and ensure that adequate speed and data transfer is available to all Internet service customers. 27. INTERNET USE. You understand that use of our Internet Service is subject to our Acceptable Use Policy, as may be amended from time to time, which can be found at or may be requested by contacting us at You assume all responsibility and liability for the security of information on your personal devices, including but not limited to your computer, and information you transmit or receive through the Services. We have no responsibility and we disclaim any liability for the security of any information on your personal devices, or the security or accuracy of any information or data transmitted or received through the Services. We have no responsibility and we disclaim any liability for unauthorized access by third persons to your personal devices, files, or data or any loss or destruction of your files or data. 9

10 RAINBOW COMMUNICATIONS ANNUAL CABLE CUSTOMER AND PRIVACY NOTICE This notice contains important information concerning your cable television services. We provide this notice as a service to our customers and in accordance with applicable federal law and FCC regulations. It is important to us that you are informed about the services we provide, our policies and procedures, and your rights as a customer. We encourage you to review the following information and contact us at with any questions. Customer privacy Cable Notice Personally identifiable subscriber information; restrictions on access. To provide cable and other services, we collect and maintain personally identifiable information concerning customers. That information may include name, address, phone number, social security number, driver's license number, billing records, service maintenance and repair records, premium service subscription information, marketing information, and customer complaints. Except as indicated below under Disclosure prohibited; exceptions, all personally identifiable information is used for the normal business purpose of offering and providing cable television service and other services to you. Only persons authorized by us may access this information. Persons authorized to access customer information include our employees and sales agents, billing and collections services, accountants, and other businesses that provide products and services to us. These persons may access customer information on a regular basis. We maintain certain customer information for as long as we provide service to a customer and for a commercially reasonable time thereafter. Other customer information is periodically destroyed. Disclosure prohibited; exceptions. Federal law prohibits the disclosure of your personally identifiable subscriber information without your consent, except under the following circumstances: Business activities. We may disclose customer information in order to conduct business activities related to providing cable service or other services. Unauthorized reception of cable service. We may disclose customer information in order to detect unauthorized reception of our cable service. Names and addresses to third parties. We may disclose names and addresses to third parties for the purposes of mailing lists, charities, and direct mail marketing, unless you notify us in writing that you do not wish us to disclose it. You may write to us at any time with this request. Court order. We must disclose personally identifiable information without your consent if we are required to do so by a court order. If we are served with a court order requiring disclosure, we will promptly inform you before releasing any information. You will then have an opportunity to contest the order. Law enforcement request. We may also disclose personally identifiable information without your consent when requested by law enforcement under certain circumstances. Customer rights. As a customer, you may review the personal information we maintain about you by contacting us and making an appointment to meet at our office during normal business hours. We will need a reasonable amount of time to collect your information and remove any references to other customers. You may request correction of any errors in the personal information we collect or maintain pertaining to you. You have the right under federal law to enforce your cable privacy rights through a civil action in federal district court. 10

11 Customer service Complaint procedures. At Rainbow Communications, providing high-quality customer care and technical service is our top priority. We endeavor to resolve any complaints concerning cable television or other services as soon as possible. Please use the following procedures to help us resolve your complaints: 1. Contact our Customer Service Department at Our call center is open weekdays from 8 am to 5 pm. An answering service may take your message at other times. 2. During these hours, you may speak with a Customer Service Representative (CSR). Our CSR will attempt to determine the nature of the problem. If the problem cannot be resolved over the phone, the CSR will schedule a Service Technician to visit your home, usually by the next business day. 3. If you do not call during our normal business hours, leave a complete message with the answering service, including your name, address, work and home telephone numbers, and a brief description of the problem. When possible, a Service Technician will be dispatched by the next business day to fix the problem. In other cases, the answering service will forward the message to our office, and we will contact you during normal business hours. 4. Emergencies such as fallen trees or utility poles, violent storms, or very cold weather may interfere with cable or other services. We promptly dispatch our crews to correct any emergency. Please keep in mind that some emergency situations may affect a large service area, and it may take several days to resume full service to the entire area. 5. We maintain complaint records for at least one year. Those records are available for inspection by the applicable local franchise authority and the FCC. If a problem is not resolved to your satisfaction, you may write or call us with concerns or complaints. You may also contact your local franchise authority at the address on the attached list. Services and prices. Please contact us at or visit our website at for information on services and prices including: Products and services offered Prices and options for subscribing to services Channel positions Installation and maintenance policies and prices Instructions for using our cable service Equipment compatibility Set-top boxes. Some models of TV receivers and other devices (VCRs, DVD Players, TiVo, etc.) may not be able to receive all of the channels offered on our system. Channel compatibility problems may occur if TVs and certain other equipment are connected directly to the cable system. Use of a set-top box typically resolves these problems. Channel compatibility problems associated with the reception of programming that is not scrambled or encrypted programming can be resolved by using a simple converter device without descrambling or decryption capabilities. Converters may be available from retail outlets in some areas. If your service is received through a set-top box, you may not be able to use special features and functions on certain TVs and other devices. For example, some set-top boxes may not be compatible with features that allow you to view a program on one channel while simultaneously recording a program on another channel; record two or more consecutive programs that appear on different channels; or use advanced picture generation, and display features such as "Picture-in-Picture." 11

12 Special equipment. Scrambling or encryption technologies may affect your reception of signals. We offer special equipment to customers encountering these problems. CableCARDS. We offer CableCARDS to allow access to the digital cable services we offer without a set-top box. Pricing and installation information can be found at: Remote control devices. Remote control devices available from retail outlets may be compatible with our set-top boxes. Models of remote control devices that are compatible with our set-top boxes, and instructions for using them can be found at Unauthorized reception of cable service Federal and state laws make it a crime to receive, or assist another in receiving, any cable service without our express authorization. Violators face substantial criminal penalties including fines and imprisonment. In addition, we are entitled under the law to sue cable thieves in federal or state court and obtain injunctions and substantial damages. Reception of any cable service without our express authorization is prohibited. Franchise Authority Contact Information System Contact Address Phone Number Hiawatha City Clerk 723 Oregon Hiawatha, KS / Troy 137 W Walnut Troy, KS / Horton 205 E 8th Street Horton, KS / Elwood City Clerk 207 N Sixth Street Elwood, KS / Highland 220 W Main Highland, KS / Wathena 206 St. Joseph Street Wathena, KS / Everest PO Box 264 Everest, KS / Robinson 118 Parsons Street Robinson, KS / Effingham 414 Main Street Effingham, KS / Seneca 531 Main Street Seneca, KS / Sabetha 805 Main Street Sabetha, KS / Fairview 505 W Front Street Fairview, KS / Wetmore City Clerk PO Box 248 Wetmore, KS /