{"id":39210,"date":"2022-12-13T10:51:22","date_gmt":"2022-12-13T16:51:22","guid":{"rendered":"https:\/\/www.nctc.com\/?page_id=39210"},"modified":"2022-12-29T15:57:30","modified_gmt":"2022-12-29T21:57:30","slug":"legal","status":"publish","type":"page","link":"https:\/\/www.nctc.com\/legal\/","title":{"rendered":"Legal"},"content":{"rendered":"<h2>Director Election Voting Schedule<\/h2>\n\r\n\r\n\t<div class=\"faqs-list accordion\">\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39213\" class=\"accordion-item post-39213 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-legal-director-election-voting-schedule\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>Director Election Voting Schedule, Policy 105(A)-2018<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<h2>Preamble<\/h2>\n<p>Article 3, Section 3.7 of the NCTC Bylaws provides that there may be in directors\u2019 elections voting by members at special voting times prior to the annual meeting of members with all of the voting in the Board of Directors election being conducted during the special voting period. This process is adopted by an affirmative vote of the Board of Directors and at its direction. The Board is affirmatively adopting this policy.<\/p>\n<h2>Election Procedure<\/h2>\n<p>The following procedure is hereby adopted by the Board of Directors for the purpose of conducting all voting for the office of Board of Director of NCTC.<\/p>\n<p>The special voting period adopted herein for Board of Director shall be conducted at a place in the geographical exchange area of each director being elected which is convenient to the members as determined by the directors. The special voting period shall be conducted during the 3rd full week of October. For each geographical exchange district in which there is a contested race there shall be a separate election date for each geographical exchange district.<\/p>\n<p>If there is only 1 contested election the election day shall be set on Thursday of that week. If there are 2 contested elections, then the election for one of the geographical exchange areas will be on Thursday and the other one on Tuesday of the same week. If there are 3 contested elections one election will be held on Thursday, one election will be held on Tuesday of that same week and the other one will be held on Monday of that same week. For elections conducted during the times and places set out above, the election polls shall open at 9:00 a.m. and remain open until 7:00 p.m.<\/p>\n<p>In addition to the above election days there shall also be a voting period during the same 3rd full week of October on Saturday of that same voting week. The location of the Saturday voting will be at NCTC headquarters at 872 Highway 52 By-pass East, Lafayette, TN. The voting polls shall be open from 9 a.m. until 12 noon. This voting period will allow voting for all exchanges contested elections or any issue put to the membership.<\/p>\n<p>The special elections shall be conducted in accordance with the bylaws. Any voters which are in line to vote at the time established for the polls to close shall be entitled to vote. However, the polls will be closed immediately. After the last vote has been cast, the election officials shall immediately tally all votes cast during both election periods and determine which candidate(s) received the most votes in their exchange area. Thereafter, the Attorney and General Counsel for NCTC shall publicly disclose the voting results and declare the winner of the election(s).<\/p>\n<p>The elected director(s) terms of office will begin on November 1 of that same year in which they were elected.<\/p>\n<hr \/>\n<h2>Secretary<\/h2>\n<p>Adopted by the Board: July 10, 2018<\/p>\n<p><strong>Annual Membership Meeting Date and Place<\/strong><\/p>\n<p><strong>Policy No. 105(B)-2018<\/strong><\/p>\n<p>Annual members meeting shall continue to be conducted on the first Saturday of November at 1 p.m.<\/p>\n<hr \/>\n<h2>Secretary<\/h2>\n<p>Adopted by the Board: July 10, 2018<\/p>\n<p><strong>Nominating and NCTC Service Award Committee Meeting<\/strong><\/p>\n<p>Policy No. 106-2018<\/p>\n<p>Those individuals nominated by the Board for the nominating committee shall also serve as the NCTC Service Award committee. The committee meeting date shall be the 2nd Tuesday in August at 6:00 p.m. to coincide with the Board of Directors monthly meeting.<\/p>\n<hr \/>\n<h2>Secretary<\/h2>\n<p>Adopted by the Board: July 10, 2018<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t<\/div>\r\n\r\n\n<h2>Telephone Acceptable Use Policy<\/h2>\n\r\n\r\n\t<div class=\"faqs-list accordion\">\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39214\" class=\"accordion-item post-39214 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-legal-telephone-acceptable-use-policy\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>Telephone Acceptable Use Policy<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<h2>Prohibited Acts<\/h2>\n<p>Customers\/Subscribers are prohibited from using their respective telephone services (voice, voicemail, text, telefax or any other telephony transmission):<\/p>\n<ol>\n<li>For any purpose which violates FCC regulations, federal or state laws.<\/li>\n<li>To violate any rule, policy or guideline of North Central Telephone Cooperative, Inc. (NCTC).<\/li>\n<li>For the purpose of engaging in any conduct that is defamatory, fraudulent, obscene or deceptive to other telephone users;<\/li>\n<li>For making pre-recorded or artificial voice calls that do not include the identification of the calling party at the beginning of the announcement.<\/li>\n<li>For making pre-recorded or artificial voice calls that do not include the telephone number or address of the caller in the announcement.<\/li>\n<li>For making calls with incorrect Caller ID information (when the calling number is not assigned to a party affiliated with the caller, as in the case of \u201cneighbor spoofing\u201d).<\/li>\n<li>Initiating sales calls to numbers on the \u201cDo not call list\u201d, where the calling party does not have a preexisting commercial relationship with the called party.<\/li>\n<li>Initiating telemarketing calls that do not include an automated do not call option.<\/li>\n<li>Initiating telemarketing messages left in voice mail that do not include a toll-free call back number that connects directly to an automated opt out mechanism.<\/li>\n<li>Making calls impersonating government officials.<\/li>\n<li>In any fashion for the transmission or dissemination of images containing child pornography or in a manner that is obscene, sexually explicit, cruel or racist in nature or which espouses, promotes or incites bigotry, hatred or racism.<\/li>\n<li>In any manner providing altered, deceptive, or false information about the identity of the sender or their origin of a message or phone call.<\/li>\n<li>To text, voice mail, fax, or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including but not limited to transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international ordinance, regulation of law, including but not limited to the United States export control laws and regulations.<\/li>\n<li>To transmit misleading or inaccurate caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value.<\/li>\n<li>To make illegal robocalls, which are made without the expressed permission of the recipient and meets the definition of robocalls as determined by the FCC.<\/li>\n<li>That violates the Do Not Call Implementation Act (DNCIA), Truth in Caller ID Act (TICIDA) and the Telephone Consumers Protection Act (TCPA).<\/li>\n<\/ol>\n<h2>Enforcement<\/h2>\n<ol>\n<li>The provision of voice service by the company assumes that only legitimate calls will be originated or terminated.<\/li>\n<li>The company will cooperate with the Federal Communication Commission and law enforcement to provide them customer\/subscriber information necessary to mitigate illegal traffic including but not limited to illegal robocalls.<\/li>\n<li>Customers\/subscribers are hereby notified that NCTC may take action up to suspension or termination of service for violation of the TAUP.<\/li>\n<li>NCTC reserves the right to immediately cancel the service of a member for a violation of any of the above prohibited acts.<\/li>\n<li>It is not a prohibited act for governmental entities, utilities, EMS, or other like kind organizations to initiate robocalls for the purpose of informing the general public.<\/li>\n<\/ol>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t<\/div>\r\n\r\n\n<h2>Internet Access Agreement<\/h2>\n<p>North Central Telephone Cooperative provides Internet access (the \u201cService\u201d) subject to your agreement and compliance with the terms and conditions below (the \u201cAgreement\u201d).<\/p>\n<p>Please read this agreement carefully before accessing the service. If you do not agree to these terms and conditions and do not wish to be bound by them, you may not access or use this service.<\/p>\n\r\n\r\n\t<div class=\"faqs-list accordion\">\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39217\" class=\"accordion-item post-39217 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-legal-internet-access-agreement\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>I. Registration<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<p>A. In order to register for the Service, you must be at least 18 years of age, and you hereby represent and certify to North Central Telephone Cooperative that you are at least 18 years of age. If you are a parent or legal guardian, you may authorize a minor under your control to use your account under supervision. You promise to adequately supervise the minor and are responsible for the minor\u2019s use of the Service. You further promise to indemnify and hold harmless North Central Telephone Cooperative for the minor\u2019s use of the Service. You agree that you are fully responsible for such minor\u2019s conduct while using the Service, and for any consequences if the minor misuses the Service or the software, or otherwise violates this Agreement.<\/p>\n<p>B. You further represent and certify to North Central Telephone Cooperative that all information provided by you to North Central Telephone Cooperative in connection with your registration, whether on-line or otherwise, is accurate, complete and current. You further agree to timely notify North Central Telephone Cooperative of any changes to such information.<\/p>\n<p>C. You agree that you may not, and shall not, transfer your account to another person without the prior written approval from North Central Telephone Cooperative.<\/p>\n<p>D. You agree to pay North Central Telephone Cooperative\u2019s current charges in effect from time to time for all Internet access through your account, including but not limited to registration or monthly fees, connect time charges, minimum charges and other charges incurred by you or anyone using your password or account (unless notified by you pursuant to Section I.E.) at the rates in effect for the billing period in which those charges are incurred, including but not limited to charges for any purchases made through the Service and any surcharges incurred while using any supplemental networks or services other than the Service. You agree to pay all applicable taxes related to use of the Service. You agree that North Central Telephone Cooperative has reserved the right to change all rates or to institute new rates and\/or changes at any time. You further agree that you will be liable for all attorney\u2019s fees and collection fees arising from efforts to collect any unpaid balance on your account(s). Billing will be on a monthly basis and you agree that North Central Telephone Cooperative may, in its sole discretion, change or modify the billing period without notice to you.<\/p>\n<p>E. You agree that you are responsible for maintaining the confidentiality of all passwords issued to you by North Central Telephone Cooperative to access the Internet. You are responsible for all charges resulting from the use of your password(s) and account in connection with the Service. If your account or password is accessed or used without your permission, you agree that you remain responsible for all such activities and charges until you notify North Central Telephone Cooperative of an unauthorized use of your password and account by calling <a href=\"tel:+1-502-678-2111\">(502) 678-2111<\/a>.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39219\" class=\"accordion-item post-39219 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-legal-internet-access-agreement\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>II. Use of the Internet<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<p>A. You understand that North Central Telephone Cooperative does not operate nor control the contents of the Internet in any way, and that all merchandise, information and services offered or made available or accessible on the Internet generally are offered or made available or accessible by third parties who are not affiliated with North Central Telephone Cooperative. YOU AGREE THAT YOU ARE TOTALLY RESPONSIBLE AND ASSUME THE RISK FOR YOUR USE OF THE SERVICE AND THE INTERNET. North Central Telephone Cooperative AND ITS AFFILIATES MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH ANY North Central Telephone Cooperative SERVICE OR ON THE INTERNET GENERALLY, AND THEY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. YOU FURTHER AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED TO THE SERVICE OR THE INTERNET GENERALLY.<\/p>\n<p>B. YOU UNDERSTAND AND FURTHER ASSUME THE RISK THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU AGREE THAT ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. North Central Telephone Cooperative HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.<\/p>\n<p>C. You agree that it is your responsibility to provide all telephone and other equipment and services necessary to access the service.<\/p>\n<p>D. Unless you receive the prior written approval of North Central Telephone Cooperative, you agree that you may not, and will not, reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any information, software or other content which you receive through the Service.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39220\" class=\"accordion-item post-39220 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-legal-internet-access-agreement\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>III. No Service Warranties<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<p>A. THE SERVICE IS PROVIDED ON AN \u201cAS-IS\u201d AND \u201cAS AVAILABLE\u201d BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY North Central Telephone Cooperative, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER North Central Telephone Cooperative NOR ITS AFFILIATES WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.<\/p>\n<p>B. UNDER NO CIRCUMSTANCES SHALL North Central Telephone Cooperative, ITS AFFILIATES OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.<\/p>\n<p>C. If you are dissatisfied with the Service, or with any terms, conditions, rules, policies, guidelines or practices of North Central Telephone Cooperative in operating the Service, your sole and exclusive remedy is to discontinue using the Service.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39221\" class=\"accordion-item post-39221 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-legal-internet-access-agreement\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>IV. Property Rights &#038; Copywrited Material<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<p>A. You agree that all content accessed through the Service is the property of the applicable content owner and may be protected by applicable copywrite law. This Agreement gives you no rights to such content.<\/p>\n<p>B. EXCEPT AS EXPRESSLY PERMITTED HEREIN OR BY APPLICABLE LAW, North Central Telephone Cooperative AND ITS SUPPLIER(S) RETAIN ALL RIGHT, TITLE AND INTEREST IN THE SOFTWARE UTILIZED TO ACCESS THE SERVICE. THIS SOFTWARE AND SOURCE CODE FORM CONTAIN CONFIDENTIAL TRADE SECRETS OF North Central Telephone Cooperative AND\/OR ITS SUPPLIER. EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, YOU SHALL NOT COPY THE SOFTWARE, IN WHOLE OR IN PART, OR MODIFY, REVERSE COMPILE, REVERSE ASSEMBLE OR CREATE DERIVATIVE WORKS OF ANY PORTION OF THIS SOFTWARE, NOR RENT, LEASE, DISTRIBUTE, MARKET OR TRANSFER THIS SOFTWARE TO THIRD PARTIES.<\/p>\n<p>C. You agree to abide by the copywrite law and all other applicable laws of the United States, including, but not limited to, export control laws.<\/p>\n<p>D. The Service and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights to Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software \u2013 Restricted Rights at 48 CFR 252.227-7013, as applicable. Manufacturer is Bluegrass Network LLC, 115 Williams Street, Elizabethtown, Kentucky 42701. Subcontractor of the software to access the Service is The Wollongong Group, Inc., 1129 San Antonio Road, Palo Alto, California 94303-4374. E. You agree that copywrited material must not be placed on the Service without the permission of the owner(s) or person(s) they specifically authorize. Only the owner(s) or other such authorized person(s) may upload copywrited material to the Service. F. You may download copywrited material for your own use. Except as expressly provided by copywrite law, copying, redistribution or publication must be with the express permission of North Central Telephone Cooperative and the owner(s) or such authorized person(s) if other than North Central Telephone Cooperative. Permission must be specified in the document, on the Service, or must be obtained directly from North Central Telephone Cooperative and the owner(s) or such authorized person(s) if other than North Central Telephone Cooperative. Any copying, redistribution or publication of copywrited material, any changes to or deletion of author, attribution or copywrite notice are prohibited.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39222\" class=\"accordion-item post-39222 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-legal-internet-access-agreement\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>V. Your Conduct<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<p>A. While using the Internet through the Service, you represent, warrant and promise that you will not:<\/p>\n<ol>\n<li>Restrict or inhibit any other user from using and\/or enjoying the Internet.<\/li>\n<li>Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including but not limited to transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international ordinance, regulation or law, including but not limited to the United States export control laws and regulations.<\/li>\n<li>Post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes, except for that which is expressly permitted by the provider of such information, software or other material.<\/li>\n<li>Upload, post, publish, transmit, reproduce or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder.<\/li>\n<li>Upload, post, publish, transmit, reproduce or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under United States copyright laws.<\/li>\n<\/ol>\n<p>B. You agree and understand that North Central Telephone Cooperative has no obligation to monitor the Service in any way. You further agree that North Central Telephone Cooperative has a right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation, ordinance or other governmental request to operate the Service properly, or to protect itself or its subscribers. North Central Telephone Cooperative shall not intentionally monitor or disclose any private electronic mail message unless required by law. North Central Telephone Cooperative reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39223\" class=\"accordion-item post-39223 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-legal-internet-access-agreement\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>VI. Breach of Agreement<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<p>North Central Telephone Cooperative may deny you access to all or part of the Service without notice if you engage in any conduct or activities that North Central Telephone Cooperative, in its sole discretion, believes violates any of the terms and conditions in this Agreement. If North Central Telephone Cooperative denies you access to the Service because of such a violation, you agree that you have no right:<\/p>\n<ol>\n<li>to access through North Central Telephone Cooperative any material stored on the Internet,<\/li>\n<li>to obtain any credit(s) otherwise due to you, and such credit(s) shall be forfeited, and<\/li>\n<li>to access third party services, merchandise or information on the Internet through North Central Telephone Cooperative.<\/li>\n<\/ol>\n<p>You agree that North Central Telephone Cooperative shall have no responsibility to notify any third party providers of services, merchandise or information and that North Central Telephone Cooperative shall not be responsible for any consequences resulting from lack of notification.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39224\" class=\"accordion-item post-39224 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-legal-internet-access-agreement\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>VII. Indemnification<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<p>You agree to defend, indemnify and hold North Central Telephone Cooperative and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorney\u2019s fees, related to any violation of this Agreement by you or authorized users of your account, or in connection with the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you or authorized users of your account.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39225\" class=\"accordion-item post-39225 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-legal-internet-access-agreement\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>VIII. Miscellaneous<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<p>A. You agree that in the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intention of the parties and the remainder of the provisions shall remain in full force and effect.<\/p>\n<p>B. North Central Telephone Cooperative\u2019s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.<\/p>\n<p>C. You agree that this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Service must be commenced within 1 year after the claim or cause of action arises or such claim or cause of action is barred.<\/p>\n<p>D. You agree that this Agreement is personal to you and you shall not assign your right herein.<\/p>\n<p>E. You agree that upon notice published over the Service, North Central Telephone Cooperative may modify this Agreement, including but not limited to its prices and charges for the Service, and may discontinue or revise any or all other aspects of the Service at its sole discretion and without prior notice.<\/p>\n<p>F. You agree that the terms for payment are net 20 days in the currency in which billed. If any payment due hereunder is not made by you within 20 days after the invoice date, you agree to pay late charges of 10% per month with respect to such payment.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t<\/div>\r\n\r\n\n<p>I represent that I have fully read and understand the terms and conditions of this agreement. I agree to be bound by these terms and conditions.<\/p>\n<h2>Open Internet Order Agreement<\/h2>\n\r\n\r\n\t<div class=\"faqs-list accordion\">\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39215\" class=\"accordion-item post-39215 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-legal-open-internet-order-agreement\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>North Central Telephone Cooperative, Inc. Mass Market Internet Service Policies &#038; Customer Information<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<p>The following policies apply to mass market broadband Internet services offered by North Central Telephone Cooperative, Inc (herein after \u201cNCTC\u201d) NCTC. NCTC also offers enterprise level services that can be individually tailored to customer needs. Information on enterprise services can be obtained by contacting NCTC\u2019s Business Office in Lafayette, TN<\/p>\n<p>It is NCTC\u2019s policy to provide robust and reliable access to the Internet for all of its residential and commercial mass market end user customers. Because network resources are shared by all users, NCTC has implemented the following policies to govern mass market Internet service. These policies are designed to:<\/p>\n<ul style=\"list-style: lower-roman\">\n<li>ensure that shared network resources are allocated fairly among all users;<\/li>\n<li>allow users and prospective users to understand service policies and any significant limitations on the service; and<\/li>\n<li>provide a foundation that assures customers that they can rely on consistently receiving the level and quality of service to which they subscribe.<\/li>\n<\/ul>\n<p>NCTC does not block access to, nor discriminate against, any lawful website or Internet application and, with respect to fixed Internet access services, supports the ability of users to select and attach the equipment of their choice to the network so long as that equipment:<\/p>\n<ul style=\"list-style: lower-roman\">\n<li>is used for a lawful purpose consistent with NCTC\u2019s Acceptable Use Policy; and<\/li>\n<li>does not harm the network or degrade network performance for other users. Customers are encouraged to familiarize themselves with the following policies which are deemed part of their Service Agreement.<\/li>\n<\/ul>\n<p>By using NCTC\u2019s Internet service, the customer accepts, agrees to be bound by and to strictly adhere to, these policies. The customer also agrees to be responsible for compliance with these policies by third parties, such as friends, family members or guests that make use of the customer\u2019s service accounts or equipment to access the network for any purpose, with or without the permission of the customer.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39229\" class=\"accordion-item post-39229 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-legal-open-internet-order-agreement\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>Transparency Statement<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<p>North Central does not block, throttle, or discriminate against, any lawful website or Internet application. North Central does not engage in Paid Prioritization nor does it prioritize its own, or its affiliates\u2019, internet traffic over that of any other lawful provider.<\/p>\n<p>With respect to broadband Internet access services, North Central supports the ability of users to select and attach the equipment of their choice to the network so long as that equipment:<\/p>\n<ul style=\"list-style: lower-roman\">\n<li>is used for a lawful purpose consistent with North Central\u2019s Acceptable Use Policy; and<\/li>\n<li>does not harm the network or degrade network performance for other users.<\/li>\n<\/ul>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39230\" class=\"accordion-item post-39230 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-legal-open-internet-order-agreement\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>I. Acceptable Use Policy<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<ol>\n<li>General Policy. NCTC reserves the sole discretion to deny or restrict your service, or immediately to suspend or terminate your service, if the use of your service by you or anyone using it, in our sole discretion, violates the Service Agreement or other NCTC policies, is objectionable or unlawful, interferes with the functioning or use of the Internet or the NCTC network by NCTC or other users, or violates the terms of this Acceptable Use Policy (\u201cAUP\u201d).<\/li>\n<li>Specific Examples of AUP Violations. The following are examples of conduct which may lead to termination of your Service. Without limiting the general policy in Section 1, it is a violation of the Agreement and this AUP to:\n<ol style=\"list-style: lower-alpha\">\n<li>access without permission or right the accounts or computer systems of others, to spoof the URL, DNS or IP addresses of NCTC or any other entity, or to penetrate the security measures of NCTC or any other person\u2019s computer system, or to attempt any of the foregoing;<\/li>\n<li>transmit uninvited communications, data or information, or engage in other similar activities, including without limitation, \u201cspamming\u201d, \u201cflaming\u201d or denial of service attacks;<\/li>\n<li>intercept, interfere with or redirect email or other transmissions sent by or to others;<\/li>\n<li>introduce viruses, worms, harmful code or Trojan horses on the Internet;<\/li>\n<li>post off-topic information on message boards, chat rooms or social networking sites;<\/li>\n<li>engage in conduct that is defamatory, fraudulent, obscene or deceptive;<\/li>\n<li>violate NCTC\u2019s or any third party\u2019s copyright, trademark, proprietary or other intellectual property rights;<\/li>\n<li>engage in any conduct harmful to the NCTC network, the Internet generally or other Internet users;<\/li>\n<li>generate excessive amounts of email or other Internet traffic;<\/li>\n<li>use the service to violate any rule, policy or guideline of NCTC;<\/li>\n<li>use the service in any fashion for the transmission or dissemination of images containing child pornography or in a manner that is obscene, sexually explicit, cruel or racist in nature or which espouses, promotes or incites bigotry, hatred or racism; or<\/li>\n<li>download or use the Service in Cuba, Iran, North Korea, Sudan and Syria or in destinations that are otherwise controlled or embargoed under U.S. law, as modified from time to time by the Departments of Treasury and Commerce.<\/li>\n<\/ol>\n<\/li>\n<li>Copyright Infringement\/Repeat Infringer Policy. NCTC respects the intellectual property rights of third parties. Accordingly, you may not store any material or use NCTC\u2019s systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including under US copyright law. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, it is the policy of NCTC to suspend or terminate, in appropriate circumstances, the service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights. In addition, NCTC expressly reserves the right to suspend, terminate or take other interim action regarding the service of any user or account holder if NCTC, in its sole judgment, believes that circumstances relating to an infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights NCTC may have under law or contract. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available on the service in a manner that is not authorized by the copyright owner, its agent or the law, you may contact our Designated Agent as follows: adminblue@blue.net<\/li>\n<li>NCTC may, but is not required to, monitor your compliance, or the compliance of other subscribers, with the terms, conditions or policies of the Service Agreement and AUP. You acknowledge that NCTC shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available on the service, including but not limited to content that violates the law or this Agreement.<\/li>\n<\/ol>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39231\" class=\"accordion-item post-39231 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-legal-open-internet-order-agreement\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>II. System Performance<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<p>NCTC provides residential and commercial mass market customers with a choice of data plans to meet their needs. NCTC also provides enterprise level services that are custom tailored to a specific project and individually priced based on the needs and criteria established by the Enterprise customer. NCTC offers the following mass market services and typical speed ranges. These speeds were calculated based upon internal testing along with third party website speed tests.<\/p>\n<ul>\n<li>MB = Megabytes<\/li>\n<li>Kb = Kilobits<\/li>\n<li>Mbps = Megabits per second<\/li>\n<\/ul>\n<div>\n<table style=\"width: 100%\">\n<tbody>\n<tr>\n<th>Service<\/th>\n<th>Download (Mbps)<\/th>\n<th>Upload (Mbps)<\/th>\n<th>Latency (milliseconds)<\/th>\n<\/tr>\n<tr>\n<td>512Kb<\/td>\n<td>.512<\/td>\n<td>.256<\/td>\n<td>8<\/td>\n<\/tr>\n<tr>\n<td>1.5MB<\/td>\n<td>1.5<\/td>\n<td>.768<\/td>\n<td>8<\/td>\n<\/tr>\n<tr>\n<td>3MB<\/td>\n<td>3<\/td>\n<td>.768<\/td>\n<td>8<\/td>\n<\/tr>\n<tr>\n<td>6MB<\/td>\n<td>6<\/td>\n<td>.768<\/td>\n<td>8<\/td>\n<\/tr>\n<tr>\n<td>12MB<\/td>\n<td>12<\/td>\n<td>.768<\/td>\n<td>8<\/td>\n<\/tr>\n<tr>\n<td>6\/2MB<\/td>\n<td>6<\/td>\n<td>2<\/td>\n<td>8<\/td>\n<\/tr>\n<tr>\n<td>12\/2MB<\/td>\n<td>12<\/td>\n<td>2<\/td>\n<td>8<\/td>\n<\/tr>\n<tr>\n<td>30\/6MB<\/td>\n<td>30<\/td>\n<td>6<\/td>\n<td>8<\/td>\n<\/tr>\n<tr>\n<td>50\/10MB<\/td>\n<td>50<\/td>\n<td>10<\/td>\n<td>8<\/td>\n<\/tr>\n<tr>\n<td>30\/30MB<\/td>\n<td>30<\/td>\n<td>30<\/td>\n<td>8<\/td>\n<\/tr>\n<tr>\n<td>100\/100MB<\/td>\n<td>100<\/td>\n<td>100<\/td>\n<td>8<\/td>\n<\/tr>\n<tr>\n<td>300\/300MB<\/td>\n<td>300<\/td>\n<td>300<\/td>\n<td>8<\/td>\n<\/tr>\n<tr>\n<td>500\/500MB<\/td>\n<td>500<\/td>\n<td>500<\/td>\n<td>8<\/td>\n<\/tr>\n<tr>\n<td>1000\/1000MB<\/td>\n<td>1000<\/td>\n<td>100<\/td>\n<td>8<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n<p>While NCTC provisions its network and equipment to ensure that its customers can enjoy the speeds to which they subscribe, Internet speeds generally result from a \u201cbest effort\u201d service and are dependent on a number of variables, many of which are outside the control of an Internet Service Provider. Such variables include: the age and processing capability of the user\u2019s terminal device or computer; the number of applications running simultaneously; the presence of viruses or malware; whether the terminal equipment is connected to the network by wire or by wireless; the distance the data packets must travel between the user and the website; the presence of congestion on and technical configuration of any intervening networks; any gating or congestion management schemes employed by websites to limit download or upload speeds in cases where multiple users are served simultaneously. NCTC does not guarantee that a customer will achieve the speeds set forth above at all times. Rather, the foregoing data speeds represent the best information available to NCTC of the typical speeds a customer can expect to experience under normal operating conditions.<\/p>\n<p>Speed tests that allow customers to test the upload, download and latency performance of their broadband data services are available free of charge from a number sources. Generally, these tests are influenced by the same variables that affect Internet speed set forth above. Accordingly, the speed results would not be expected to match a test of [ISP\u2019s] network conducted under laboratory conditions. Please note, however, that all speed tests use different methodologies to calculate Internet connection speed so each of the tests would be expected to yield different results. Accordingly, each of these tests should be viewed as a helpful guide rather than as a definitive measurement of performance. The following are several sites, unaffiliated with NCTC, that provide speed testing:<\/p>\n<p><a href=\"https:\/\/www.speedtest.net\" target=\"_blank\" rel=\"noopener\">Speedtest<\/a><\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39232\" class=\"accordion-item post-39232 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-legal-open-internet-order-agreement\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>III. Network Management<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<p>NCTC utilizes a redundant network architecture that is designed to provide users with true broadband speeds and reliability even during times of peak demand. The network has been constructed to meet projected traffic demands and is fully scalable to allow for capacity to be added to meet customer needs and to support newly developing and increasingly sophisticated applications well into the future. However, congestion can occur on any IP network, and, when it does, packets can be delayed or dropped, leading to service degradation and delays. Because network resources are shared by all end users, NCTC has implemented a traffic management policy that is designed to ensure that all users are able to utilize their fair share of network resources during periods of high demand.<\/p>\n<p>Prioritization of packets can be used for other purposes as well, such as to ensure the reliability of applications that demand real time or near real time communications such as public safety communications and, in the context of mobile data services, E-911 communications. Generally, provisioned data speeds for [ISP\u2019s] mass market services are sufficient to support such applications as Voice over IP (VoIP), gaming, web surfing, or most streaming video. However, because [ISP\u2019s] residential, mass market broadband service generally does not prioritize such traffic, it is possible that certain applications requiring real time communications may perform at less than optimal levels, especially during periods of peak network demand.<\/p>\n<p>NCTC does take measures to protect its network and ensure that its AUP is enforced. For example, NCTC has deployed measures to prevent spam, viruses, and other malware and to monitor and prevent denial of service attacks using MagicSpam by LinuxMagic. NCTC does not generally interfere with or manage the use of specific protocols or ports. However, in the interests of network security, the following ports may be blocked or unavailable:<\/p>\n<div>\n<table style=\"width: 100%\">\n<tbody>\n<tr>\n<th>Port<\/th>\n<th>Transport<\/th>\n<th>Protocol<\/th>\n<th>In\/Outbound<\/th>\n<th>Reason for Block<\/th>\n<th>Wireline\/Fiber<\/th>\n<\/tr>\n<tr>\n<td>135139<\/td>\n<td>TCP\/UDP<\/td>\n<td>NetBios<\/td>\n<td>Both<\/td>\n<td>NetBios services allow file sharing over networks. When improperly configured, they can expose critical system files or give full file system access (run, delete, copy) to any malicious intruder connected to the network.<\/td>\n<td>Yes<\/td>\n<\/tr>\n<tr>\n<td>445<\/td>\n<td>TCP\/UDP<\/td>\n<td>MS-DS, SMB<\/td>\n<td>Both<\/td>\n<td>Security risks; vulnerable to attacks\/exploits\/worms such as the Sasser and Nimda worms.<\/td>\n<td>Yes<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n<p>NCTC provides fixed data services.<\/p>\n<p>With respect to fixed broadband services, users may generally attach the devices of their choice and run the applications of their choice, subject to the limitations of their data plan and the terms of their service agreement and AUP. While many devices such as routers, Bluetooth and WiFi cards, laptops, notebooks and tablets are readily available from third party sources, such as consumer electronics retailers, other devices, such as DSL modems, proprietary network gateways must be provided by or leased from NCTC. NCTC is not responsible for the compatibility, suitability or functionality of any equipment that is provided by the customer or any third party, and the customer remains fully responsible for ensuring that any such equipment does not cause any harm to the network or degrade the service of other users.<\/p>\n<p>All users are fully responsible for securing their equipment, including wireless routers, to prevent unauthorized access to the network by third parties and will be held fully responsible for the actions of such third parties that gain unauthorized access to the network through unsecured end user equipment.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39233\" class=\"accordion-item post-39233 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-legal-open-internet-order-agreement\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>IV. Commercial Terms<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<h2>Minimum Terms<\/h2>\n<p>Your service order indicates whether you have agreed to a minimum service term for your service and, if so, the number of months in the term. YOU WILL BE SUBJECT TO AN EARLY TERMINATION FEE IF YOU CANCEL SERVICES BEFORE THE END OF THE MINIMUM SERVICE TERM (OR IF WE TERMINATE YOUR SERVICE EARLY FOR CAUSE UNDER THE AGREEMENT). The Early Termination Fee, as noted on your broadband agreement<\/p>\n<ul style=\"list-style: lower-alpha\">\n<li>If your service plan does not include a minimum service term or, if it does and you reach the end of the minimum service term, your service term will be \u201cmonth-to-month\u201d and will not be subject to an Early Termination Fee if you cancel your service.<\/li>\n<li>If your service term is month-to-month, NCTC can change the price of your service by providing you at least one billing cycle\u2019s notice of the change.<\/li>\n<\/ul>\n<h2>Changing or Canceling Service<\/h2>\n<ul style=\"list-style: lower-alpha\">\n<li>If you cancel your service, in addition to any applicable Early Termination Fee, you must pay for your use of the service up until the date on which you cancelled, including charges for exceeding any data cap that applied to your account, and applicable taxes.<\/li>\n<li>If, during the minimum service term, you decide to change to another NCTC service plan (for example, one with different rates or usage allowances) or to add additional services, such as international roaming, to your plan, then NCTC has the right to restart the minimum service term from the beginning of the change in plan or addition of service.<\/li>\n<li>If, during the minimum service term, NCTC changes the terms of your service and the changes are materially disadvantageous to you, you may terminate the service without paying an Early Termination Fee by providing written notice to NCTC within 30 days of the effective date of the change.<\/li>\n<\/ul>\n<p>We collect information about your use of our products and services. Information such as call records, websites visited, application and feature usage, network traffic data, service options you choose, and other similar information may be used for billing purposes, to deliver and maintain products and services, or to help you with service-related issues or questions. In addition, subject to any legal restrictions that may apply, this information may be used for other purposes such as providing you with information about product or service enhancements, determining your eligibility for new products and services, and marketing to you based on your use of your products and services. This information may also be used to:<\/p>\n<ol>\n<li>manage and protect our networks, services and users from fraudulent, abusive, or unlawful uses; and<\/li>\n<li>subject to consent practices described in this policy, help us improve our services, research and develop new products, and offer promotions and other services. This type of information may be aggregated for business and marketing uses.<\/li>\n<\/ol>\n<p>If you subscribe to NCTC Internet access services, we may automatically measure and monitor network performance and the performance of your Internet connection to improve your, or our, overall service levels. If you contact us for service support, we also may access information about your computer, wireless device or other device settings to provide customized technical support or to install specific applications or services that you use or that are necessary to the applications or services you use.<\/p>\n<p>NCTC will not gather information from your use of our Internet access services to direct customized advertising specifically to you based on your visits over time and across different non-NCTC websites, unless we first provide you with notice of our plan and obtain your affirmative consent.<\/p>\n<p>Please note that NCTC is not responsible for information, content, applications or services provided by others. Before you access, use, link to or download a service or application on your computer or wireless device, you should review the associated terms of service and privacy policy. Personal information you submit in those contexts may be read, collected or used by the service or application provider and others associated with these forums in a manner different from that described here.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39234\" class=\"accordion-item post-39234 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-legal-open-internet-order-agreement\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>Information Provided to Us by Third Parties<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<p>When you purchase products or apply for service with us, we may obtain credit information about you from outside credit reporting agencies to help us with customer authentication and credit-related decisions.<\/p>\n<p>NCTC obtains information from outside companies that collect consumer information such as demographic and interest data. We use this data and combine it with other information we have about you to help us predict customer preferences and to direct marketing offers that might be more relevant to you.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39235\" class=\"accordion-item post-39235 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-legal-open-internet-order-agreement\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>Cookies<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<p>A cookie is a small data string that is written on your computer hard drive by a web server. (A web server is the computer that hosts a website and responds to requests received from your computer). Cookies can play an important role in providing a good customer experience using the web, such as enabling a website to maintain information when a user\u2019s web browser requests a series of web pages.<\/p>\n<p>Cookies generally hold information, including data strings that contain a unique user ID which allow websites, including NCTC websites, to customize your experiences on the sites and gather information about your navigation of the sites. Information gathered from cookies also helps us understand how our sites are performing and provides website usage information to support customizing and improving our sites and their messaging and advertisements. We also use cookies to help verify the identity of a website user or to recognize you as a registered user and remember your settings and preferences.<\/p>\n<p>You can manage cookies by using features and functions available on most Internet browsers. For example, most browsers will allow you to choose what cookies can be placed on your computer and to delete or disable cookies. You can find instructions for managing cookie controls on websites for particular browsers. Please note that disabling cookies may prevent you from using specific features on our sites and other websites, such as ordering products or services and maintaining an online account.<\/p>\n<p>Cookies associated with your Flash Player may be removed by managing your settings with Adobe by visiting the <a href=\"https:\/\/www.adobe.com\/products\/flashplayer\/security\/\" target=\"_blank\" rel=\"noopener\">Adobe page on Flash Player Security<\/a>.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39236\" class=\"accordion-item post-39236 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-legal-open-internet-order-agreement\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>Resolution of Disputes\/Customer Complaints<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<p>Upon receiving a complaint from a customer at the NCTC Business Office, either by telephone, in writing or in person, NCTC will make a prompt and complete investigation and advise the complainant of its findings. A record of the complaint will be kept and show the name and address of the complainant, date and nature of the complaint, and the adjustment or disposition of the complaint. This record will be maintained for 2 years from the date of resolution. If a written complaint or complaint made in person is not resolved, NCTC shall provide written notice to the complainant of their right to file a complaint with the Commission, and shall provide them with the address and telephone number of the Commission. If a telephonic complaint is not resolved, NCTC will provide at least oral notice to the complainant of their right to file a complaint with the Commission and the address and telephone number of the Commission.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t<\/div>\r\n\r\n\n<h2>NCTC is Committed to Protecting Your Privacy<\/h2>\n\r\n\r\n\t<div class=\"faqs-list accordion\">\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39237\" class=\"accordion-item post-39237 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-legal-privacy\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>What is CPNI?<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<p>Customer Proprietary Network Information (CPNI) is information that North Central Telephone obtains when providing your telecommunications services to you. CPNI includes the types of telecommunications services you currently purchase, how you use them, and the billing information related to those services, including items such as the types of local, long distance and wireless telecommunications services that you have purchased and your calling details. Your telephone number, name and address are not considered CPNI.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39239\" class=\"accordion-item post-39239 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-legal-privacy\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>Use &#038; Disclosure of CPNI<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<p>We use your CPNI to offer you additional services of the type you already purchase from us. We also may use your CPNI to offer you other products and services, packages, discounts and promotions from NCTC, such as High Speed Internet and TV services.<\/p>\n<p>NCTC does not disclose CPNI outside NCTC without customer consent except as required or allowed by law. NCTC does not sell CPNI to unaffiliated third parties.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39240\" class=\"accordion-item post-39240 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-legal-privacy\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>Restricting Our Use of Your CPNI<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<p>If you wish to restrict our use of your CPNI for marketing purposes, please call us at <a href=\"tel:+1-615-666-2151\">(615) 666-2151<\/a>.<\/p>\n<p>Restricting our use of your CPNI for marketing purposes will not affect the provision of NCTC services to you, nor will it eliminate all types of NCTC marketing contacts.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39241\" class=\"accordion-item post-39241 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-legal-privacy\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>Mobile App \u2013 NCTC, Inc. Mobile Apps Privacy Policy<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<p>NCTC, Inc. respects your privacy, and we have created this privacy policy in order to describe how we collect, use, maintain, share and protect the information we collect from \u201cyou\u201d the users of our NCTC Mobile Apps.<\/p>\n<h2>Scope of Policy<\/h2>\n<p>This policy expressly applies to the NCTC Mobile Apps used by you.<\/p>\n<h2>Agreement<\/h2>\n<p>By using the NCTC Mobile Apps you agree to the collection and use of the information described hereinbelow in this privacy policy.<\/p>\n<p>In addition to agreeing to the terms and conditions of the NCTC Privacy Policy for internet use, the following specifically applies to those installing the NCTC Mobile Apps.<\/p>\n<h2>How NCTC, Inc. Collects Your Information<\/h2>\n<p>NCTC, Inc. collects and processes information provided directly by you when you install the NCTC Mobile Apps and register for an account to use the App. Specifically, this information includes:<\/p>\n<ul>\n<li>Your name, email address, location, user\u2019s phone or contact book data, user\u2019s inventory of installed apps, and user\u2019s screen recording;<\/li>\n<li>Browser information and session cookies related to your access and use the App;<\/li>\n<li>Data insights NCTC, Inc. attains based on correlation and analytics of your information collected in providing the app, which may be used in aggregated and disaggregated formats or to obtain trend analytics, to provide the App; and<\/li>\n<li>Use of the above-described collected information in aggregated and dis-aggregated formats to enhance our current App or to provide App features.<\/li>\n<\/ul>\n<h2>How NCTC, Inc. Uses the Information<\/h2>\n<p>NCTC, Inc. uses the information collected as described in this Privacy Policy, including personal information, to:<\/p>\n<ul>\n<li>Provide you with the App as described in the Agreement;<\/li>\n<li>Implement, improve and\/or enhance the App, including to make future releases available to you;<\/li>\n<li>Carry out NCTC, Inc\u2019s obligations as described or authorized in the Agreement and this Privacy Policy;<\/li>\n<li>Enforce NCTC, Inc.\u2019s rights arising from the Agreement between you and NCTC, Inc; and<\/li>\n<li>Fulfill any other purpose authorized by you and reasonably required for the App.<\/li>\n<\/ul>\n<h2>Changes to this Policy<\/h2>\n<p>If we change our privacy policy and procedures, we will post our policy changes on this page. If you have any questions regarding this notice or would like to know how to restrict the use of your information, please contact NCTC on <a href=\"https:\/\/www.nctc.com\/\">our website<\/a> or <a href=\"tel:+1-615-666-2151\">(615) 666-2151<\/a>.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t<\/div>\r\n\r\n\n<h2>Commercial Record on Children&#8217;s Programs, CFR 76. 1703<\/h2>\n<p>NCTC only carries programs for children over which it does not exercise editorial control, pursuant to 47 U.S.C. 531 (e) and 532(c)(2).<\/p>\n<h2>NCTC Bylaws<\/h2>\n<p>Download our <a href=\"https:\/\/www.nctc.com\/wp-content\/uploads\/Bylaws.pdf\" target=\"_blank\" rel=\"noopener\">Bylaws (PDF)<\/a>.<\/p>\n\r\n\r\n\t<div class=\"faqs-list accordion\">\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39249\" class=\"accordion-item post-39249 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-bylaws\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>Article I: Membership<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<h2>Section 1.1. Eligibility<\/h2>\n<p>Any person, firm, association, corporation or body politic or subdivision thereof will become a member of NORTH CENTRAL TELEPHONE COOPERATIVE, INC.\u00ae (hereinafter called the \u201cCooperative\u201d) upon receipt of telecommunications and information services (hereinafter referred to simply as \u201cservices\u201d) from the Cooperative. Membership is automatic and instantaneous upon receipt of service; however, each member shall:<\/p>\n<p>(1) Make a written application for membership for the Cooperative\u2019s records;<\/p>\n<p>(2) Agree to purchase services from the Cooperative in accordance with established tariffs, as well as pay other charges for services that the member uses and the Cooperative is obligated by law or contract to collect;<\/p>\n<p>(3) Agree to comply with, and be bound by, the Articles of Incorporation and Bylaws of the Cooperative and any rules and regulations adopted by the Board; and<\/p>\n<p>(4) Pay any membership fee as hereinafter may be specified or as may be determined by the Board of Directors in the future.<\/p>\n<p>The status of all memberships shall be as reflected upon the books of the Cooperative and no membership certificates shall be issued.<\/p>\n<h2>Section 1.2 Definition &amp; Classifications<\/h2>\n<p>(a) Membership in the Cooperative is by:<\/p>\n<ol>\n<li>Procuring the Cooperative\u2019s central office dial tone, or<\/li>\n<li>Providing a continuing periodic telecommunications revenue stream for the Cooperative. The Board will determine under rules of general application the types and amounts of revenue streams or the types and amounts of patronage that give rise to the privileges and obligations of membership.<\/li>\n<\/ol>\n<p>(b) The Cooperative may have one or more classes of members to accommodate the various types of services. If the Cooperative has more than one class of membership, the definitions, the types, the qualifications and rights of each class shall be determined by the Board and set forth in these Bylaws.<\/p>\n<p>(c) Exchange and interexchange carriers who participate with the Cooperative in the provision of telecommunications services to members are neither members nor patrons by virtue of division of revenue contracts.<\/p>\n<p>(d) Each time sharing or interval ownership premise is considered as a single corporate member. The owner of seasonal, recreational and short-interval rental properties will be deemed to hold the membership.<\/p>\n<p>(e) No member may hold more than one membership of each class in the Cooperative. No membership in the Cooperative shall be transferable, except on the books of the Cooperative and as provided for in these Bylaws.<\/p>\n<p>(f) <strong>Joint Membership<\/strong>. A husband and wife may apply for a joint membership and, subject to their compliance with the requirements of Section 1 of this Article, may be accepted for such membership. The term \u201cmember\u201d as used in the Bylaws shall be deemed to include a husband and wife holding a joint membership and any provisions relating to the rights and liabilities of membership shall apply equally with respect to the holders of a joint membership. Without limiting the generality of the foregoing, the effect of the hereinafter specified actions by or in respect of a joint membership shall be as follows:<\/p>\n<ol>\n<li>The presence at a meeting of either or both shall be regarded as the presence of one member and shall constitute a joint waiver of notice of the meeting.<\/li>\n<li>The vote of either separately or both jointly shall constitute a joint vote;<\/li>\n<li>A waiver of notice signed by either or both shall\u00a0constitute a joint waiver;<\/li>\n<li>Notice to either shall constitute notice to both;<\/li>\n<li>Expulsion of either shall terminate the joint membership;<\/li>\n<li>Withdrawal of either shall terminate the joint membership;<\/li>\n<li>Either but not both may be elected or appointed as an officer or director, provided that both meet the qualifications for such office<\/li>\n<\/ol>\n<h2>Section 1.3 Membership Fees<\/h2>\n<p>The membership fee, if any, shall be determined by the Board at a uniform amount and set for each class of membership. The Board may dispense with the initial payment of a membership fee, allowing the amount of such membership fee to be taken from the first capital credits accruing to the member\u2019s account; however, membership fees taken from accrued capital credits shall not be refunded upon termination of membership but will be paid out under the provisions of the Cooperatives General and Special Capital Credit Retirement Bylaws.<\/p>\n<h2>Section 1.4 Purchase of Service<\/h2>\n<p>Each person who applies for service shall, as soon as service is available, take service from the Cooperative. The member shall pay therefor monthly at the rates which the Cooperative is obliged to bill and collect by contractual arrangements with other carriers. It is expressly understood that amounts received by the Cooperative for all services in excess of cost are furnished by members from the moment of receipt as capital, and each member shall be credited with the capital so furnished as provided in these Bylaws. However, the Cooperative is not obligated to furnish such credits for services which are not billed and collected by the Cooperative, even when such services are partially rendered over the facilities of the Cooperative. Each member shall pay the above amounts owed by him to the Cooperative as and when the same shall become due and payable.<\/p>\n<h2>Section 1.5 Termination of Membership<\/h2>\n<p>(a) Any member may withdraw from membership upon compliance with such uniform terms and conditions as the Board may prescribe. The Board may, by the affirmative vote of not less than 2\/3 of all the members of the Board, expel any member who fails to comply with any of the provisions of the Articles of Incorporation, Bylaws or rules and regulations adopted by the Board, but only if such member shall have been given notice by the Cooperative that such failure makes him liable to expulsion and such failure shall have continued for at least ten days after such notice was given. Any expelled member may be reinstated by vote of the Board or by vote of the members at any annual or special meeting.<\/p>\n<p>(b) Upon the withdrawal, death, cessation of service or expulsion of a member, the membership of such member shall thereupon terminate and will be so recorded on the books of the Cooperative. Termination of membership in any manner shall not release a member of his estate from any debts due the Cooperative.<\/p>\n<p>(c) In case of withdrawal or termination of membership in any manner, the Cooperative shall repay to the member the amount of any membership fee credited to the member\u2019s account, provided, however, that the Cooperative shall deduct from the membership fee, the amount of any debts or obligations owed by the member to the Cooperative.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39250\" class=\"accordion-item post-39250 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-bylaws\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>Article II. Rights &#038; Liabilities of the Cooperative &#038; the Members<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<h2>Section 2.1 Service Obligations<\/h2>\n<p>The Cooperative will use reasonable diligence to furnish adequate and dependable services, but it cannot and does not guarantee uninterrupted services, nor will it always be able to provide every service desired by each individual member.<\/p>\n<h2>Section 2.2 Cooperation of the Members in the Extension of Services<\/h2>\n<p>The cooperation of members of the Cooperative is imperative to the successful, efficient and economical operation of the Cooperative. Members who are receiving or who are requesting service shall be deemed to have consented to the reasonable use of their property to construct, operate, maintain, replace or enlarge telephone and\/or communications lines, overhead or underground, including all conduit, cables, wires, surface testing materials, markers and other appurtenances under, through, across, and upon any real property or interest therein owned or leased or controlled by said member for the furnishing of telephone or communication service to said member, or any other member, at no cost to the Cooperative. When requested by the Cooperative, the member does agree to execute any easement of right-of-way contract on a form to be furnished by the Cooperative.<\/p>\n<h2>Section 2.3 Non-liability for Debts of the Cooperative<\/h2>\n<p>The private property of the members shall be exempt from execution or other liability for the debts of the Cooperative and no member shall be liable or responsible for any debts or liabilities of the Cooperative.<\/p>\n<h2>Section 2.4 Property Interest of Members<\/h2>\n<p>Upon dissolution, after:<\/p>\n<p>(1) All debts and liabilities of the Cooperative shall have been paid;<\/p>\n<p>(2) All capital furnished through patronage shall be retired as provided in these Bylaws; and<\/p>\n<p>(3) All membership fees shall have been repaid, the remaining property and assets of the Cooperative shall be distributed among the members and former members in the proportion which the aggregate patronage of each member and former member bears to the total patronage of all such members and such former members on the date of dissolution unless otherwise provided by law.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39251\" class=\"accordion-item post-39251 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-bylaws\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>Article III: Meeting of Members<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<h2>Section 3.1 Annual Meeting<\/h2>\n<p>The annual meeting of the members shall be held at a date and place within the State as selected by the Board and which shall be designated in the Notice of the Meeting for the purpose of electing Board members, passing upon reports for the previous fiscal year and transacting such other business as may come before the meeting. It shall be the responsibility of the Board to make adequate plans and preparations for the annual meeting. Failure to hold the annual meeting at the designated time shall not work a forfeiture or dissolution of the Cooperative nor affect the validity of any corporate action.<\/p>\n<h2>Section 3.2 Special Meetings<\/h2>\n<p>Special meetings of the members may be called by resolution of the Board, by any three directors, by the President or by not less than 10% of all the members, and it shall thereupon be the duty of the secretary to cause notice of such a meeting as hereinafter provided. Special meetings of the members shall be held at the offices of the Cooperative and the time and place thereof shall be specified in the Notice of the special meeting.<\/p>\n<h2>Section 3.3 Notice of Members' Meetings<\/h2>\n<p>Written or printed notice stating the place, day and hour of the meeting and, in case of special meeting or an annual meeting at which business requiring special notice is to be transacted, the purpose or purposes for which the meeting is\u00a0called, shall be delivered not less than 10 days nor more than 30 days before the date of the meeting, either personally or by mail, by or at the direction of the secretary, or upon a default in duty by the secretary, by the persons calling the meeting, to each member. If mailed, such notice shall be deemed to be delivered when deposited in the U.S. Mail, addressed to the member at the address appearing on the record of the Cooperative, with postage thereupon prepaid. The incidental or unintended failure of any member to receive notice of an annual or special meeting of the members shall not invalidate any action which may be taken by the member at any such meeting.<\/p>\n<h2>Section 3.4 Postponement of a Meeting of the Members<\/h2>\n<p>In the event of inclement weather or the occurrence of a catastrophic event, the meeting of the members may be postponed by the President. Notice of the adjourned meeting shall be given by the President in any media of general circulation or broadcast serving the area.<\/p>\n<h2>Section 3.5 Quorum<\/h2>\n<p>Business may not be transacted at any meeting of the members unless there are present in person at least 50 members or 2% of all members of the Cooperative, whichever is the lesser; except that, if less than a quorum is present at any meeting, a majority of those present may adjourn the meeting from time-to-time without further notice.<\/p>\n<h2>Section 3.6 Election Officials &amp; Workers<\/h2>\n<p>The Board of Directors shall, at least 10 days prior to any meeting of the members, appoint judges and machine operators to conduct any election required to be held at any meeting of the members. The judges so appointed shall be charged with the overall responsibility of conducting any elections required to be held and shall conduct same in a fair and equitable manner including the counting of ballots and certifying the election winners. The judges shall also have the responsibility of determining any questions which may arise as to the qualifications of others, irregularities in voting and all other questions which might arise relating to the election process.<\/p>\n<h2>Section 3.7 Voting<\/h2>\n<p>Each member, who is not in a status of suspension as specified in Section 1.5 hereof, shall be entitled to only 1 vote upon each matter submitted to a vote at a meeting of the members. All issues with respect to voting shall be governed according to the latest edition of Roberts Rules of Order used by the Cooperative unless otherwise specified by law or the Articles of Incorporation. Voting by members other than members who are natural persons shall be allowed upon presentation to the Cooperative, prior to each member meeting, or at the meeting, satisfactory evidence entitling the person presenting the same to vote. All questions, except those involving multiple choice issues or determinations, shall be decided by a plurality vote. In the election of directors, a voice vote may be permitted if there is no competition for the seat or seats to be filled.<\/p>\n<p>Early voting by members, at either annual or special meetings, may be permitted upon an affirmative vote by the Board of Directors and held under its directions and authorizations and at such times and places as shall be convenient to the members.<\/p>\n<h2>Section 3.8 Proxies<\/h2>\n<p>There shall not be any voting by proxy at any meeting of the membership of this Cooperative nor shall proxy voting on any office or issue permitted or contemplated in these Bylaws.<\/p>\n<h2>Section 3.9 Voting Machines<\/h2>\n<p>Any election, regular or special called for by these Bylaws or to be instituted by any provision of these Bylaws shall be held on voting machines unless the directors, by a majority vote of those present and voting, determine that voting machines shall not be used in a specified and particular voting situation.<\/p>\n<h2>Section 3.10 Order of Business<\/h2>\n<p>The order of business at the annual meeting of the members and, so far as possible at all other meetings of the members, shall be conducted under policies established by the Board and under an agenda essentially as follows, except as otherwise determined by the members at such meeting.<\/p>\n<p>(1) Report on the number of members present in person in order to determine the existence of a quorum.<\/p>\n<p>(2) Reading of the Notice of the Meeting and proof of the timely publication or mailing thereof, or the waiver or waivers of Notice of Meeting, as the case may be.<\/p>\n<p>(3) Reading of unapproved minutes of previous meetings\u00a0 of the members and the taking of necessary action thereon unless minutes presented for approval shall have been furnished by a timely mailing or have been distributed at the meeting to all active members present. In such case, the president may entertain a motion from the floor to dispense with the reading of such minutes.<\/p>\n<p>(4) Audit report of outside auditors, or, a summary thereof.<\/p>\n<p>(5) Announcements of the results of the election for the Board of Directors.<\/p>\n<p>(6) Presentation and consideration of reports of officers, directors and committees.<\/p>\n<p>(7) Unfinished business.<\/p>\n<p>(8) New business.<\/p>\n<p>(9) Adjournment.<\/p>\n<p>Notwithstanding the foregoing, the Board or the members themselves may, from time-to-time, establish a different order of business for the purpose of assuring the earlier consideration of any action upon any item of business the transaction of which is necessary or desirable in advance of any other item of business; provided, that no business other than adjournment of the meeting to another time and place may be transacted until and unless the existence of a quorum is first established.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39252\" class=\"accordion-item post-39252 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-bylaws\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>Article IV: Board Members<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<h2>Section 4.1 General Powers<\/h2>\n<p>The business and affairs of the Cooperative shall be managed by a Board of members which shall exercise all of the powers of the Cooperative except such as are by law, the Articles of Incorporation, or these Bylaws conferred upon or reserved to the members.<\/p>\n<h2>Section 4.2 Election Process &amp; Tenure of Office<\/h2>\n<p>Directors shall be elected by a secret ballot at each annual meeting when there is competition for the Board seat(s) to be filled. They shall be elected by and from the members to serve a 3-year term or until their successors have been elected and shall have qualified, and that the terms of the directors shall be staggered to ensure continuity. If an election of directors shall not be held on the day designated herein for the annual meeting or at any adjournment thereof, a special meeting of the members shall be held for the purpose of electing directors at a reasonable time thereafter. Directors shall be nominated and elected as provided hereinafter.<\/p>\n<p>The Cooperative is divided into 10 geographic service areas as follows:<\/p>\n<ol>\n<li>The Scottsville, KY Exchange which has the prefix of 618 &amp; 622,<\/li>\n<li>The Lafayette, TN Exchange which has the prefix of 666 &amp; 688,<\/li>\n<li>The Red Boiling Springs, TN Exchange which has the prefix of 699,<\/li>\n<li>The Hillsdale, TN Exchange which has the prefix of 633,<\/li>\n<li>The Green Grove, TN Exchange which has the prefix of 655,<\/li>\n<li>The Westmoreland, TN Exchange which has the prefix of 644,<\/li>\n<li>The Oak Grove, TN Exchange which has the prefix of 888,<\/li>\n<li>The Bethpage, TN Exchange which has the prefix of 841,<\/li>\n<li>The Defeated, TN Exchange which has the prefix of 774,<\/li>\n<li>The Pleasant Shade, TN Exchange which has the prefix of 677.<\/li>\n<\/ol>\n<p>Maps of the above designated geographic service areas shall be available for inspection at the offices of the Cooperative at Highway #52 East Bypass in Lafayette, Tennessee by any person during normal business hours.<\/p>\n<p>The Board of Directors shall, every 10 year period after the adoption of these Bylaws, re-examine the areas served by the Cooperative and designated above and shall make such changes and adjustments as to ensure fair and equal representation and taking into account geographic areas served by the Cooperative.<\/p>\n<p>The 618 and 622 Exchange shall have two Directors.<\/p>\n<p>The 666 and 688 Exchange shall have two Directors.<\/p>\n<p>The 699 Exchange shall have one Director.<\/p>\n<p>The 633 and 655 Exchanges shall have one joint Director.<\/p>\n<p>The 644 Exchange shall have one Director.<\/p>\n<p>The 841 and 888 Exchanges shall have one joint Director.<\/p>\n<p>The 774 and 677 Exchanges shall have one joint Director.<\/p>\n<p>The 618 and 622 Exchange is hereby divided into two districts by Old Highway #31-E and that area north and west thereof shall comprise one district and that area south and east thereof shall comprise one district.<\/p>\n<p>The 666 and 688 Exchange is hereby divided into two districts by Highway #10 south of Lafayette, Tennessee and by the Akersville or Williams Road north of Lafayette, Tennessee and all members residing to the west and north of said highways shall comprise one district and those members residing to the south and east thereof shall comprise one district.<\/p>\n<p>With respect to the 618 and 622 and 666 and 688 Exchanges, candidates for Directors shall be nominated from the areas above delineated. Provided however that members residing within the 2 exchange areas of 618 and 622 and 666 and 688 shall be permitted to vote for Directors in their exchange whether residing in or out of a particular district.<\/p>\n<p>Only those members residing within the area or areas from which a Director is to be elected may vote in an election for a Director.<\/p>\n<h2>Section 4.3 Qualifications to be Nominated to Become, or Remain, a Director<\/h2>\n<p>Any member shall be eligible to be nominated, elected, and remain a director of the Cooperative who:<\/p>\n<p>(1) Resides in the geographic area from which he or she is elected, and has resided there for more than 240 days during the last 12 month period.<\/p>\n<p>(2) Is <strong>not<\/strong> an employee of the Cooperative or in any way financially interested in a competing enterprise or a business engaged in selling communication services or communication supplies or maintaining communication facilities. However, the Board may grant exceptions for \u201cde minimus\u201d competing enterprise.<\/p>\n<p>(3) Is <strong>not<\/strong> closely related to an incumbent director or an employee of the Cooperative. As used here, \u201cclosely related\u201d means a person who is related to the principal person by law or in law. A person who is a spouse, child, stepchild, grandparent, grandchild, parent, brother, sister of the principal or a spouse there of. However, no incumbent director shall lose eligibility to remain a director or to be reelected as a director if he becomes a relative of another incumbent director or of a cooperative employee because of a marriage to which he was not a party; neither shall an employee lose eligibility to continue in the employment of the cooperative if he or she becomes a close relative of a director because of a marriage to which he or she was not a party.<\/p>\n<p>(4) Provided, however that the provisions of Section 4.3 (3) shall not apply to any incumbent directors as long as they continuously remain in office.<\/p>\n<p>(5) To remain a director, the incumbent must attend 2\/3 or more of the regular meetings during each 12 month period beginning with the month of his\/her election. Upon establishment by the Board of the fact that a director or nominee is in violation of any of the provisions of this Section, that office or nomination shall be deemed vacant unless the Board determines that absences are due to personal illness or other unavoidable circumstances.<\/p>\n<p>Nothing in this section shall affect, in any manner whatsoever, the validity of any action taken at any meetings of the Board.<\/p>\n<h2>Section 4.4 Nominations<\/h2>\n<p>It shall be the duty of the Board to appoint, not less than 40 days nor more than 90 days before the date of the meeting of the members at which Board members are to be elected, a committee on nominations consisting of not less than 3 nor more than 9 members who shall be selected from different geographic areas so as to ensure equitable representation. At least 1 member of the committee shall be selected from each geographic area where a director is to be elected. No member of the Board, close relative (as defined herein) of a Board member or employee may serve on such committee. The committee, keeping in mind the principle of equitable representation, shall prepare and post at the principal office of the Cooperative at least 30 days before the meeting, a list of nominations for Board members which shall include as many nominees for each Board position as the committee deems desirable. The secretary shall be responsible for mailing with a Notice of the Meeting, or separately, but at least 10 days before the date of the meeting, a statement of the number of Board members to be elected and the names and addresses of the candidates nominated by the committee on nominations. Any 15 or more members acting together may make other nominations by petition from the district in which the director is to be elected and the secretary shall post such nominations at the same place where the list of nominations made by the committee is posted. Nominations made by petition, if any, received at least 30 days before the meeting, shall be included on the official ballot. Such ballot shall arrange the names of the candidates by geographic areas and shall also designate the candidates nominated by the committee and those nominated by petition.<\/p>\n<h2>Section 4.5 Election of Directors<\/h2>\n<p>Contested elections of directors shall be by a form of secret ballot. The secret ballot shall list the names of the candidates nominated by the committee and by petition with such names arranged by districts.<\/p>\n<p>Each member of the Cooperative present in person at the meeting shall, in any election in which the person is entitled to vote and subject to the delineation and combination of districts as provided for in Section 4.2 hereof, be entitled to 1 vote for 1 candidate from each district or districts from which a director is to be elected. Provided however that in any election which involves issues which are relevant and pertinent to the Cooperative as a whole, all members shall be entitled to vote. The candidate or issue receiving the most votes (plurality) shall be declared elected. In the event of a tie vote in the election of an NCTC\u00ae Board of Director, the Board of Directors already elected shall in their Board meeting immediately following the Members\u2019 meeting conduct a vote and cast the deciding vote to elect one of the Board of Director candidates whose race resulted in a tie. Failure of an election for a given year shall allow the incumbent directors whose directorships would have been voted on to hold over only until the next member meeting at which a quorum is present. Provided however that no election would interfere with the system of staggered terms as provided in these Bylaws.<\/p>\n<h2>Section 4.6 Removal of Board Member By Members &amp; Resignations<\/h2>\n<p>Any member residing within a district or exchange and\/or exchanges may bring charges for cause against the director representing his district relating to the duties and responsibilities of his position, by filing with the secretary such charges in writing together with a petition signed by at least 10% of the members, or 200, whichever is the lesser, may request the removal of such Board member by reason thereof. Such Board member shall be informed in writing of the charges at least 10 days prior to the meeting of the members of his district at which the charges are to be considered and shall have an opportunity at the meeting to be heard in person or by counsel to present evidence in respect to the charges; and the person or persons bringing the charges against him shall have the same opportunity. The question of the removal of such Board member shall be considered and voted upon at the meeting of the members of his district. No director shall be removed from office unless by a vote of 2\/3 of the members present. Any vacancy created by such meeting without compliance with the foregoing provisions with respect to nominations.<\/p>\n<p>A director may resign at any time by written notice delivered to the Board of Directors, the President or Secretary of the Cooperative. A resignation is effective when the notice is delivered unless the notice specifies a future date. The pending vacancy may be filled before the effective date but the successor shall not take office until the effective date.<\/p>\n<h2>Section 4.7 Vacancies<\/h2>\n<p>Subject to the provisions of these Bylaws with respect to the filing of vacancies caused by the removal of Board members by the members, or by the death or resignation of a Board member, any vacancy resulting therefrom on the Board shall be filled by the affirmative vote of a majority of the remaining Board members for the unexpired portion of the term, provided, however that in the event the vacancy is not filled by the Board within 180 days after the vacancy occurs, the member shall have the right to fill the vacancy at a meeting of the members without compliance with the foregoing provisions in respect to nominations. However, any successor, whether chosen by the Board or the members, must reside in the same district as the vacant directorship and have the same qualifications for office as set forth in Section 4.3.<\/p>\n<h2>Section 4.8 Compensation<\/h2>\n<p>Board members shall, as determined by resolution of the Board, receive a fixed sum for each day or portion thereof spent on Cooperative business, such as attendance at meetings, conferences and training programs or performing committee assignments when authorized by the Board. If authorized by the Board, Board members may also be reimbursed for expenses actually and necessarily incurred in carrying out such Cooperative business or granted a reasonable per diem allowance by the Board in lieu of detailed accounting for some of these expenses. Board members, who elect to participate, may be extended various forms of liability and accident insurance as well as participation in benefits provided to employees except for benefits based on salary.<\/p>\n<p>No Board member shall receive compensation, payments, stipends or profit for serving the Cooperative in any other capacity; nor shall any close relative of a Board member receive payments, compensation, wages, stipends, or profits for serving the Cooperative whether as an employee or independent contractor unless the payment and the amount thereof shall have been certified by the Board as an emergency measure.<\/p>\n<p>Close relative as defined in section 4.3 number 3.<\/p>\n<h2>Section 4.9 Rules, Regulations, Rate Schedules &amp; Contracts<\/h2>\n<p>The Board of Directors shall have power to make, adopt, amend, abolish and promulgate such rules, regulations, rate classifications, rate schedules, contracts, security deposits and any other type deposits, payments or charges, including contributions in aid of construction, not inconsistent with law or the Certificate of Incorporation or Bylaws, as it may deem advisable or the management,\u00a0administration, and regulation of the business and affairs of the Cooperative or, cause such to be submitted for any appropriate governmental regulatory approval. Further, the Board of Directors may constitute itself into committees for the purpose of studying and making recommendations to the full Board in the course of its decisional processes.<\/p>\n<h2>Section 4.10 Accounting Systems &amp; Reports<\/h2>\n<p>The Board of Directors shall cause to be established and maintained a complete accounting system of the Cooperative\u2019s financial operations and conditions, and shall, after the close of each fiscal year, cause to be made a full, complete and independent audit of the Cooperative\u2019s accounts, books and records reflecting financial operations during, and financial condition at the end of such year. A full and accurate summary of such audit reports shall be submitted to the members at or prior to the succeeding annual meeting of the members. The Board may authorize special audits, complete or partial, at any time and for any specified period of time.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39279\" class=\"accordion-item post-39279 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-bylaws\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>Article V: Meeting of the Board<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<h2>Section 5.1 Regular Meetings<\/h2>\n<p>A regular meeting of the Board shall be held without notice, immediately after, and at the same place as, the annual meeting of the members. A regular meeting of the Board shall also be held monthly at such time and place as designated by the Board. Such regular monthly meetings may be held without notice other than such resolution fixing the time and place thereof. A minimum of at least 10 regular meetings shall be held each year. Unless specifically prohibited by law, meetings, regular or special, may be conducted through the use of conference telephone or other communications equipment by means of which all persons participating in the meetings can communicate with each other. Such participation will constitute attendance and presence in persons at the meeting of the persons so participating.<\/p>\n<h2>Section 5.2 Special Meetings<\/h2>\n<p>Special meetings of the Board may be called by the President or by any 3 Board members, and it shall thereupon be the duty of the Secretary to cause notice of the meeting to be given as hereinafter provided. The President or Board members calling the meeting shall fix the time and place for the holding of the meeting.<\/p>\n<h2>Section 5.3 Notice of Board Meetings<\/h2>\n<p>Written notice of the time, place (or telecommunications conference event) and purpose of any special meeting of the Board shall be delivered to each Board member either personally or by mail, or at the direction of the secretary, or upon default in duty by the secretary, by the President or one of the Board members calling the meeting. If mailed, such notice shall be deemed to be delivered when deposited in the U.S. Mail, addressed to the Board member at his address as it appears on the records of the Cooperative, with first-class postage thereon prepaid, at least 5 days before the date set for the meeting.<\/p>\n<h2>Section 5.4 Quorum<\/h2>\n<p>A majority of the Board shall constitute a quorum, provided, that if less than such a majority of the Board is present at said meeting, a majority of the Board present may adjourn the meeting from time-to-time; and provided further, that the secretary shall notify any absent Board members of the time and place of such adjourned meeting. The act of a majority of the Board members present and voting at a meeting at which a quorum is present shall be the act of the Board, except as otherwise provided in these Bylaws or by the parliamentary procedure or special rules adopted by the Cooperative. Board members may not vote by proxy at regular or special Board meetings.<\/p>\n<h2>Section 5.5 Unanimous Consent in Writing<\/h2>\n<p>Unless otherwise prohibited by law, Board actions may be taken without a meeting and without a vote if unanimous consent of the Board is obtained in writing setting forth the action taken in detail and the document is signed by all Board members entitled to vote.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39280\" class=\"accordion-item post-39280 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-bylaws\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>Article VI: Officers<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<h2>Section 6.1 Number &amp; Titles<\/h2>\n<p>The officers of the Cooperative shall be a president, vice president, secretary, treasurer, and such other officers as may be determined by the Board from time-to-time. The offices of secretary and treasurer may be held by the same person.<\/p>\n<h2>Section 6.2 Election &amp; Term of Office<\/h2>\n<p>The officers shall be elected by ballot, if there is a contest, and if not, by voice vote or any other method designated by the person presiding. They shall be elected annually by and from the Board, at the meeting of the Board held immediately after the annual meeting of the members. If the election of the officers shall not be held at such meeting, such election shall be held as soon thereafter as conveniently may be. Each officer shall hold office until the first meeting of the Board following the next succeeding annual meeting of the members, or until a successor shall have been elected and shall have qualified. Except as otherwise provided in these Bylaws, a vacancy in any office shall be filled by the Board for the unexpired portion of the term.<\/p>\n<h2>Section 6.3 Removal of Officers &amp; Agents by the Board<\/h2>\n<p>Any officer or agent elected or appointed by the Board may be removed by the Board for cause related to position whenever in its judgement the best interests of the Cooperative will be served thereby. The officer against whom such charges have been brought shall be informed in writing of the charges at least 10 days prior to the Board meeting at which the charges are to be considered and shall have an opportunity at the meeting to be heard in person or by counsel and to present evidence in respect of the charges; and the person or persons bringing the charges against him shall have the same opportunity.<\/p>\n<h2>Section 6.4 Chairman of the Board<\/h2>\n<p>The Chairman of the Board shall:<\/p>\n<p>(1) Be the principal executive officer of the corporation and unless otherwise determined by the members or the Board, shall preside at all meetings of the members and the Board;<\/p>\n<p>(2) Sign any deeds, mortgages, deeds of trust, notes, bonds, contracts, or other instruments authorized by the Board to be executed, except in cases in which the signing and execution thereof shall be expressly delegated by the Board or these Bylaws to some other officer or agent of the Cooperative, or shall be required by law to be otherwise signed or executed; and<\/p>\n<p>(3) In general perform all duties incident to the Office of Chairman of the Board and such other duties as may be prescribed by the Board from time-to-time<\/p>\n<h2>Section 6.5 Vice Chairman of the Board<\/h2>\n<p>In the\u00a0absence of the Chairman of the Board, or in the event of the inability or refusal to act, the Vice Chairman of the Board shall perform the duties of the president, and when so acting shall have all the powers of and shall be subject to all the restrictions upon the Chairman of the Board. The Vice Chairman of the Board shall also perform such other duties as from time to time may be assigned to him by the Board.<\/p>\n<h2>Section 6.6 Secretary<\/h2>\n<p>The Secretary shall be responsible for:<\/p>\n<p>(1) Keeping the minutes of the meetings of the members and of the Board in books prepared for that purpose;<\/p>\n<p>(2) Seeing that all notices are fully given in accordance with these Bylaws or as required by law;<\/p>\n<p>(3) The safekeeping of the corporate books and records and the Seal of the Cooperative and affixing the Seal of the Cooperative to all documents, the execution of which on behalf of the Cooperative under its seal is duly authorized in accordance with the provision of these Bylaws;<\/p>\n<p>(4) Keeping a register of the names and post office addresses of all members;<\/p>\n<p>(5) Keeping on file at all times a complete copy of the Articles of Incorporation and Bylaws of the Cooperative containing all amendments thereto and at the expense of the Cooperative, furnishing a copy of these Bylaws and of all amendments thereto to each member; and<\/p>\n<p>(6) In general performing all duties incident to the Office of the Secretary and such other duties as from time to time may be assigned to him by the Board.<\/p>\n<h2>Section 6.7 Treasurer<\/h2>\n<p>The Treasurer shall be responsible for:<\/p>\n<p>(1) Custody of all funds and securities of the Cooperative;<\/p>\n<p>(2) The receipt of and the issuance of receipts for all monies due and payable to the Cooperative and for the deposit of such monies in the name of the Cooperative in such bank or banks as shall be selected in accordance with the provisions of these Bylaws; provided, however, that the treasurer shall have authority, with the approval of the Board, to delegate to the general manager the authority to appoint employees of the Cooperative to actually carry out the responsibilities set forth in this Section; and<\/p>\n<p>(3) The general performance of all the duties incident to the Office of Treasurer and such other duties as from time-to-time may be assigned to him by the Board; provided however, with respect to the duties and responsibilities of the Treasurer, the Cooperative shall indemnify and hold the Treasurer harmless against any and all losses, claims and\/or damages which may be asserted against the treasurer, in his official capacity, unless such claim is a result of an act personally committed or omitted by the treasurer resulting in a loss to the Cooperative.<\/p>\n<h2>Section 6.8 President-Chief Executive Office<\/h2>\n<p>The Board shall appoint a President-Chief Executive Officer who may be, but who shall not be required to be, a member of the Cooperative. The President-Chief Executive Officer shall perform such duties as the Board may from time-to-time require and shall have authority as the Board may from time to time vest in him.<\/p>\n<h2>Section 6.9 Bonds<\/h2>\n<p>The Board shall require the Treasurer and any other officer, agent or employee of the Cooperative charged with responsibility for the custody of any of its funds or property to give bond to in such sum and with such surety as the Board shall determine. The Board in its discretion may also require any other officer, agent or employee of the Cooperative to give bond in such amount and with such surety as it shall determine. The costs of all such bonds shall be borne by the Cooperative.<\/p>\n<h2>Section 6.10 Compensation<\/h2>\n<p>The powers, duties and compensation of officers, agents, employees shall be fixed or approved by the Board, subject to the provision of these Bylaws with respect to compensation for close relatives of Directors.<\/p>\n<h2>Section 6.11 Reports<\/h2>\n<p>The officers of the Cooperative shall submit at each annual meeting of the members reports covering the business of the Cooperative for the previous fiscal year. Such reports shall set forth the condition of the Cooperative at the close of such fiscal year.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39281\" class=\"accordion-item post-39281 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-bylaws\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>Article VII: Non-Profit Operation<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<h2>Section 7.1 Interest or Dividends on Capital Prohibited<\/h2>\n<p>The cooperative shall at all times be operated on a cooperative non-profit basis for the mutual benefit of its patrons. No interest or dividends shall be paid or payable by the Cooperative on any capital furnished by its patrons.<\/p>\n<h2>Section 7.2 Patronage Capital in Connection with Furnishing Telecommunications &amp; Information Services<\/h2>\n<p>In the furnishing of telecommunications and information services, the Cooperative\u2019s operations shall be so\u00a0 conducted that all patrons will, through their patronage, furnish capital for the Cooperative. In order to induce patronage and to insure that the Cooperative will be operated on a non-profit basis, the Cooperative is obligated to account on a patronage basis to all its patrons for all amounts received and receivable from the furnishing of telecommunications and information services in excess of operating costs and expenses properly chargeable against the furnishing of such services. All such amounts in excess of operating costs and expenses at the moment of receipt by the Cooperative are received with the understanding that they are furnished by the patrons as capital. The Cooperative is obligated to pay by credits to a capital account for each patron all such amounts in excess of operating costs and expenses. The books and records of the Cooperative shall be set up and kept in such a manner that at the end of each fiscal year the amount of capital, if any, so furnished by each patron is clearly reflected and credited in any appropriate record to the capital account of each patron. All such amounts credited to the capital account of any patron shall have the same status as though it had been paid to the patron in cash in pursuance of a legal obligation to do so and the patron had then furnished the Cooperative corresponding amounts for capital.<\/p>\n<p>All other non-operating income received by the Cooperative from its operations in excess of costs and expenses shall, insofar as permitted by law, be:<\/p>\n<p>(1) Used to offset any losses incurred during the current or any prior fiscal years, and<\/p>\n<p>(2) To the extent not needed for that purpose, allocated to its patrons on a patronage basis and any amount so allocated shall be included as part of the capital to be allocated to the accounts of the various classes of patrons in an equitable manner as approved by the Board.<\/p>\n<p>In the event of dissolution or liquidation of the Cooperative, after all outstanding indebtedness of the Cooperative shall have been paid, outstanding capital credits shall be retired without priority on a pro rata basis before any payments are made on account of property rights of members. If, at any time prior to dissolution or liquidation, the Board shall determine that the financial condition of the Cooperative will not be impaired thereby, the capital then credited to patrons\u2019 accounts may be retired in full or in part. Any such retirements of capital shall be at the discretion and direction of the Board as to timing, method and type of retirement.<\/p>\n<p>Capital credit to the account of each patron shall be assignable only on the books of the Cooperative, pursuant to written instruction from the assignor and only to successors in interest or successors in occupancy in all or in a part of the patrons\u2019 premises served by the Cooperative unless the Board, acting under policies of general application, shall authorize other types of assignments. Patrons at any time may assign their capital credits back to the Cooperative and the Cooperative is authorized to negotiate capital credit settlement arrangements with bankrupt patrons.<\/p>\n<p>Notwithstanding any other provision of these Bylaws, the Board, at its discretion, shall have the power at any time upon the death of any natural patron, if the legal representative of his estate shall request in writing, that the capital credited to any such patron be retired prior to the time such capital would be retired in a general retirement under provisions of these Bylaws; to retire capital credited to any such patron immediately on such terms and conditions as the Board, acting under policies of general application, and the legal representative of such patron\u2019s estate shall agree upon; provided, however, that the financial condition of the Cooperative will not be impaired thereby.<\/p>\n<p>When the capital credits of any patron no longer receiving service from the Cooperative comes to a total amount of less than a fixed sum determined by the Board of Directors, the same shall be retired in full with such retirements made only when and at the same time that a general retirement to other patrons is made. During a general capital credit retirement, no checks shall be issued for less than a fixed amount determined by the Board, and the amount of such unretired capital credits will be retired in the first following year, when the total amount of capital credits qualifying for retirement exceeds that amount set by the Board, including the amount carried over. All tax refunds made by the United States Government or any of the states in connection with the final or true cost of service as determined by the capital credits allocation process may be held and used by the Cooperative as furnished patronage and shall be treated in the same manner as furnished capital set out in this Section of these Bylaws.<\/p>\n<p>The patrons of the Cooperative, by dealing with the Cooperative, acknowledge that the terms and provisions of the\u00a0Articles of Incorporation and Bylaws shall constitute and be a contract both between the Cooperative and each patron, and further, between all the patrons themselves individually. Both the Cooperative and the patrons are bound by such contract, as fully as though each patron had individually signed a separate instrument containing such terms and provisions with the Cooperative and each of its patrons. The provisions of this Article of the Bylaws shall be called to the attention of each patron of the Cooperative by posting in a conspicuous place in the Cooperative\u2019s office or by publication distributed by the Cooperative to its patrons.<\/p>\n<h2>Section 7.3 Patronage Capital in Connection with Furnishing Other Services<\/h2>\n<p>In the event that the Cooperative should engage in the business of furnishing goods and services other than telecommunications or information services, all amounts received and receivable therefrom which are in excess of costs and expenses properly chargeable against the furnishing of such goods and services shall, insofar as permitted by law, be prorated annually on a patronage basis and returned to those patrons from whom such amounts were obtained at such time and in such order of priority as the Board shall determine.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39282\" class=\"accordion-item post-39282 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-bylaws\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>Article VIII: Disposition &#038; Pledging of Property Dissolution &#038; Distribution of Surplus Assets on Dissolution<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<h2>Section 8.1 Disposition &amp; Pledging of Property<\/h2>\n<p>The Cooperative may not sell, mortgage, lease or otherwise dispose of or encumber all or any substantial portion in excess of 10% of its total assets unless such sale, mortgage, lease or other disposition or encumbrance is:<\/p>\n<p>(a) Authorized at a meeting of the ten-total members by the affirmative vote cast in person, without proxies, of at least 2\/3 of the total members of the Cooperative, and<\/p>\n<p>(b) Authorized by the holders of at least 75% of the outstanding indebtedness of the Cooperative; and<\/p>\n<p>(c) Preceded by a notice of meeting at which such sale, mortgage, lease or other disposition or encumbrance is to be voted on.<\/p>\n<p>Notwithstanding the foregoing provisions of this Section, the members of the Cooperative may, by the affirmative majority of votes cast in person at any meeting of the members, delegate to the Board the power and authority:<\/p>\n<p>(1) To borrow monies from any source and in any such amounts as the Board may from time-to-time determine are needed in pursuit of the Cooperative\u2019s business purposes, and<\/p>\n<p>(2) To mortgage or otherwise pledge or encumber any and all of the Cooperative\u2019s property or assets as security therefor, and<\/p>\n<p>(3) With respect to other cooperative organizations only, to sell and lease back any of the Cooperative\u2019s property or assets.<\/p>\n<p>Supplementary to the foregoing paragraphs of this Section and any other applicable provisions of law or these Bylaws, no sale, lease, lease-sale, exchange, transfer or other disposition within a single calendar year, of physical plant of the Cooperative with net value in excess of 10% of the Cooperative\u2019s total assets, based upon the most recent audit of the Cooperative, shall be authorized except in conformity to the following:<\/p>\n<p>(1) If the Board looks with favor upon any proposal for such sale, lease, lease-sale, exchange, transfer or other disposition, it shall first cause 3 independent non-affiliated appraisers, expert in such matters, to render their individual opinions as to the value of the Cooperative with respect to such a sale, lease, lease sale, exchange, transfer or other disposition, and as to any other terms and conditions which should be considered. The 3 independent appraisers shall be designated by a district court resident judge for the judicial district in which the Cooperative\u2019s headquarters are located. If such judge refuses to make such designations, they shall be made by the Board.<\/p>\n<p>(2) If the Board after receiving such appraisals (and other terms and conditions which are submitted, if any) determines that the proposals should be submitted for consideration by members, it shall first give by notice in appropriate publications other cooperatively organized entities an opportunity to submit competing proposals. Any interested cooperatively organized entity shall be sent copies of any proposals which the Cooperative has already received and copies of the respective reports of the 3 appraisers. Such other interested cooperatively organized entities shall be given not less than 30 days during which to submit competing proposals, and the actual minimum period within which proposals are to be submitted shall be stated in the written notice given to them.<\/p>\n<p>(3) If the Board then determines that favorable consideration should be given to the initial or any subsequent proposal, which has been submitted to it, it shall so notify the members not less than sixty (60) days before noticing a special meeting of the members thereon or, if such be the case, the next annual member meeting, expressing in detail each of any such proposals, and shall call a special meeting of the members for consideration thereof and action thereon, which meeting shall be held not less than 10 nor more than 30 days after giving the Notice thereof to the members: provided that consideration and action by the members may be given at the next annual meeting of the Board so determines and if such annual meeting is held not less than 10 nor more than 30 days after the giving of notice of such meeting.<\/p>\n<p>(4) Any 50 or more members, by so petitioning the Board not less than thirty (30) days prior to the date of such special or annual meeting, may cause the Cooperative, with the cost to be borne by the Cooperative, to mail to all members any opposing or alternative positions which they may have to the proposals that have been submitted or any recommendations that the Board has made.<\/p>\n<p>The provisions of (1), (2), (3) and (4) above shall not apply to a sale, lease, lease-sale, exchange, transfer or other disposition to one or more telephone cooperatives if the substantive or actual legal effect thereof is to merge or consolidate with such other one or more telephone cooperatives.<\/p>\n<h2>Section 8.2 Dissolution<\/h2>\n<p>The Cooperative may be dissolved by filing, as hereinafter provided, certificate which shall be entitled and endorsed \u201cCertificate of Dissolution of NORTH CENTRAL TELEPHONE COOPERATIVE, INC.\u00ae\u201d and shall state:<\/p>\n<p>(1) Name of the Cooperative, and if such Cooperative is a corporation resulting from a consolidation as herein provided, the names of all the original corporations or cooperatives.<\/p>\n<p>(2) The dates of filing of Certificate of Incorporation, and if such Cooperative is a Cooperative resulting from a consolidation as herein provided, the dates on which the Certificates of Incorporation of the original corporations were filed.<\/p>\n<p>(3) That the Cooperative elects to dissolve.<\/p>\n<p>(4) The name and post office address of each of its directors, and the name, title and post office address of each of its officers.<\/p>\n<p>Such Certificate shall be subscribed and acknowledged in the same manner as an original Certificate of Incorporation by the president or a vice president, and the secretary or an assistant secretary, who shall make and annex an affidavit, stating that they have been authorized to execute and file such certificate by the votes cast in person of at least 2\/3 of its total membership voting without proxies and that the dissolution has been authorized by at least 75% of the holders of the indebtedness of the Cooperative.<\/p>\n<p>A Certificate of Dissolution and a certified copy or copies thereof shall be filed in the same place as the original Certificate of Incorporation and thereupon the Cooperative shall be deemed to be dissolved.<\/p>\n<p>Such Cooperative shall continue for the purpose of paying, satisfying or discharging any existing liabilities or obligations and collecting or liquidating its assets, and doing all other acts required to adjust and wind up its business and affairs, and may sue and be sued in its corporate name.<\/p>\n<h2>Section 8.3 Distribution of Surplus Assets on Dissolution<\/h2>\n<p>Any assets remaining after all debts and liabilities of the Cooperative shall have been paid shall be disposed of pursuant to the provisions of Section 2.4 above; provided however, that, if in the judgment of the Board the amount of such surplus is too small to justify the expense of making such distribution, the Board may, in lieu thereof, donate or provide for the donation of, such surplus to one or more non-profit, charitable or educational organizations that are exempt from federal income taxation.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39283\" class=\"accordion-item post-39283 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-bylaws\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>Article IX: Seal<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<p>The Corporate Seal of the Cooperative shall be in the form of a circle and shall have inscribed thereon the name of the Cooperative and the words, \u201cState of Tennessee.\u201d<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39284\" class=\"accordion-item post-39284 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-bylaws\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>Article X: Financial Transactions<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<h2>Section 10.1 Contracts<\/h2>\n<p>Except as otherwise provided in these Bylaws, the Board may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name and on behalf of the Cooperative and such authority may be general or confined to specific instances.<\/p>\n<h2>Section 10.2 Checks, Drafts, Etc.<\/h2>\n<p>All checks, drafts or other orders for the payment of money and all notes, bonds or other evidences of indebtedness issued in the name of the Cooperative shall be signed by such officer or officers, agent or agents, employee or employees of the Cooperative and in such manner, as shall from time-to-time be determined in resolution of the Board.<\/p>\n<h2>Section 10.3 Deposits<\/h2>\n<p>All the funds of the Cooperative shall be deposited from time-to-time to the credit of the Cooperative in such institutions as the Board may select.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39286\" class=\"accordion-item post-39286 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-bylaws\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>Article XI: Miscellaneous<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<h2>Section 11.1 Membership in Other Organizations<\/h2>\n<p>The Cooperative may become a member or purchase stock in other profit or nonprofit organizations, associations, partnerships or joint ventures when the Board finds that the general long-term interests of its membership will be served by such membership or participation.<\/p>\n<h2>Section 11.2 Waiver of Notice<\/h2>\n<p>Any member or director may waive in writing any notice of a meeting required to be given by these Bylaws. The attendance of a member or director at any meeting shall constitute a waiver of notice of such meeting by such member or director, except in case a member or director shall attend a meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting has not been lawfully called or convened.<\/p>\n<h2>Section 11.3 Rules &amp; Regulations<\/h2>\n<p>The Board shall have power to make and adopt such rules and regulations, not inconsistent with law, the Articles of Incorporation of these Bylaws, as it may deem advisable for the management of the business and the affairs of the Cooperative.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39297\" class=\"accordion-item post-39297 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-bylaws\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>Article XII: Amendments<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<p>These Bylaws may be altered, amended or repeated by the affirmative vote of the members, at any regular or special Board meeting, but only if the notice of such a meeting shall have contained a copy of the proposed alteration, amendment or repeal, or any accurate summary explanation thereof; provided, however, that the provisions of Section 8.1 relating to a major disposition of the Cooperative\u2019s property, and Section 8.2 relating to the dissolution of the Cooperative, may be altered, amended or repealed only by the affirmative vote of not less than two-thirds (2\/3) of all current members of the Cooperative.<\/p>\n<p>Adopted: 11\/4\/1989<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39298\" class=\"accordion-item post-39298 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-bylaws\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>Statement of Nondiscrimination<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<p>In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family\/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.<\/p>\n<p>Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA\u2019s TARGET Center at <a href=\"tel:+1-202-720-2600\">(202) 720-2600<\/a> (voice and TTY) or contact USDA through the Federal Relay Service at <a href=\"tel:+1-800-877-8339\">(800) 877-8339<\/a>. Additionally, program information may be made available in languages other than English.<\/p>\n<p>To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online on the <a href=\"http:\/\/www.ascr.usda.gov\/complaint_filing_cust.html\" target=\"_blank\" rel=\"noopener\">USDA website<\/a> and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call <a href=\"tel:+1-866-632-9992\">(866) 632-9992<\/a>. Submit your completed form or letter to USDA by:<\/p>\n<p>(1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) Fax: (202) 690-7442; or (3) email: <a href=\"mailto:program.intake@usda.gov\">Email USDA Program Intake<\/a>.<\/p>\n<p>USDA is an equal opportunity provider, employer, and lender<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t<\/div>\r\n\r\n\n<h2>NCTC Unlimited Long Distance Terms &amp; Conditions<\/h2>\n\r\n\r\n\t<div class=\"faqs-list accordion\">\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39244\" class=\"accordion-item post-39244 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-legal-nctc-unlimited-long-distance-terms-and-conditions\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>Unlimited Long Distance on Business Bundles<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<p>Business bundle long distance usage is designed and provided for ordinary and normal use and not intended for use to connect to internet service providers, data providers, or information services, commercial facsimile, auto-redialing, and telemarketing. These uses are strictly prohibited and are not considered a part of the unlimited long distance plan.<\/p>\n<p>If NCTC determines that usage is not consistent with average business voice usage or is a prohibited use as set out above, NCTC may charge an additional amount per minute for each call that violates this policy, restrict use or convert you to another plan; and\/or void any applicable price guarantee.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t<\/div>\r\n\r\n\n<h2>Customer Bill of Rights<\/h2>\n\r\n\r\n\t<div class=\"faqs-list accordion\">\r\n\r\n\t\t\r\n\t\t\t<article id=\"post-39245\" class=\"accordion-item post-39245 hwcp-faqs type-hwcp-faqs status-publish hentry faqs_category-legal-customer-bill-of-rights\">\r\n\r\n\t\t\t\t<a href=\"#\" class=\"accordion-title plain\">\r\n\t\t\t\t\t<button class=\"toggle\"><i class=\"icon-angle-down\"><\/i><\/button>\r\n\t\t\t\t\t<span>Bill of Rights<\/span><\/a>\r\n\r\n\t\t\t\t<div class=\"accordion-inner\">\r\n\t\t\t\t\t\t\t\t\t\t\t<p>As a residential customer of a regulated public utility in Kentucky, you are guaranteed the following rights subject to Kentucky Revised Statutes and the provisions of the Kentucky Public Service Commission Administrative Regulations:<\/p>\n<ul>\n<li>You have the right to service, provided you (or a member of your household whose debt was accumulated at your address) are not indebted to the utility.<\/li>\n<li>You have the right to inspect and review the utility\u2019s rates and tariffed operating procedures during the utility\u2019s normal office hours.<\/li>\n<li>You have the right to be present at any routine utility inspection of your service conditions.<\/li>\n<li>You must be provided a separate, distinct disconnect notice alerting you to a possible disconnection of your service if payment is not received.<\/li>\n<li>You have the right to dispute the reasons for any announced termination of your service.<\/li>\n<li>You have the right to negotiate a partial payment plan when your service is threatened by disconnection for non-payment.<\/li>\n<li>You have the right to participate in equal, budget payment plans for your natural gas and electric service.<\/li>\n<li>You have the right to maintain your utility service for up to 30 days upon presentation of a medical certificate issued by a health official.<\/li>\n<li>You have the right to prompt (within 24 hours) restoration of your service when the cause for discontinuance of the service has been corrected.<\/li>\n<li>If you have not been disconnected, you have the right to maintain your natural gas and electric service for up to 30 days if you present a Certificate of Need issued by the Kentucky Cabinet for Human Resources between November and the end of March.<\/li>\n<li>If you have been disconnected due to nonpayment, you have the right to have your natural gas or electric service reconnected between the months of November through March provided you:\n<ol>\n<li>Present a Certificate of Need issued by the Kentucky Cabinet for Human Resources, and<\/li>\n<li>Pay one-third of your outstanding bill ($200 maximum), and<\/li>\n<li>Accept referral to the Human Resources\u2019 Weatherization Program, and<\/li>\n<li>Agree to a repayment schedule that will cause your bill to become current by October 15.<\/li>\n<\/ol>\n<\/li>\n<li>You have the right to contact the Public Service commission regarding any dispute that you have been unable to resolve with your utility (Call Toll-Free <a href=\"tel:+1-800-772-4636\">(800) 772-4636<\/a>).<\/li>\n<\/ul>\n<p>The Customer Bill of Rights is referenced in 807 KAR 5:006 Section 14 (1) (c) 1.<\/p>\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t\t\r\n\t\t\t\t<\/div>\r\n\r\n\t\t\t<\/article>\r\n\r\n\t\t\r\n\t<\/div>\r\n\r\n\n","protected":false},"excerpt":{"rendered":"<p>Director Election Voting Schedule Telephone Acceptable Use Policy Internet Access Agreement North Central Telephone Cooperative provides Internet access (the \u201cService\u201d) subject to your agreement and compliance with the terms and conditions below (the \u201cAgreement\u201d). Please read this agreement carefully before accessing the service. If you do not agree to these terms and conditions and do [&#8230;]\n","protected":false},"author":20,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"inline_featured_image":false,"footnotes":""},"_links":{"self":[{"href":"https:\/\/www.nctc.com\/wp-json\/wp\/v2\/pages\/39210"}],"collection":[{"href":"https:\/\/www.nctc.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.nctc.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.nctc.com\/wp-json\/wp\/v2\/users\/20"}],"replies":[{"embeddable":true,"href":"https:\/\/www.nctc.com\/wp-json\/wp\/v2\/comments?post=39210"}],"version-history":[{"count":11,"href":"https:\/\/www.nctc.com\/wp-json\/wp\/v2\/pages\/39210\/revisions"}],"predecessor-version":[{"id":39303,"href":"https:\/\/www.nctc.com\/wp-json\/wp\/v2\/pages\/39210\/revisions\/39303"}],"wp:attachment":[{"href":"https:\/\/www.nctc.com\/wp-json\/wp\/v2\/media?parent=39210"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}