TERMS AND CONDITIONS OF SERVICE AND BILLING PROCEDURES. Subscriber (Applicant) agrees to be bound by the terms and service conditions listed and the Acceptable Use Policy (AUP) of South Central Arkansas Electric Cooperative, Inc. and/or its subsidiary, South Central Connect, Inc. (South Central), as listed at www.southcentralconnect.net/aup. South Central Connect reserves the right to make changes to these terms at any time.
SERVICE COMMITMENT AND PAYMENT TERMS. Subscriber agrees to pay for all services provided by the service provider including but not limited to charges for installation, equipment, services, and all applicable local, state, or federal fees, taxes, and surcharges. Monthly billing for service begins once the service has been installed and connected to the applicant’s device(s).
TRANSFER OF ACCOUNT/CHANGE OF RESIDENCE. The Service shall only be provided to you at the address where South Central’s installation is performed. Subscriber may not transfer rights or obligation to the Service to any successor occupant or to any other address without South Central’s prior written approval.
EASEMENT ON YOUR PROPERTY. In consideration of receiving Service from South Central, you hereby grant or will grant to South Central any easements required by South Central on, under, over, or through your real estate for purposes of extending fiber optic cable so to provide Service to you and others as well as to perform maintenance, service, upgrades, and periodic clearing of rights of way. When economically feasible, all extensions shall follow any existing utility easements.
SUBSCRIBER WARRANTIES. You represent and warrant that you are at least 18 years of age and are legally authorized to enter into this Agreement. You warrant that you are legally empowered to authorize South Central Arkansas Electric to enter upon the premises for the purposes set forth in this Agreement, including but not limited to: (a)placing fiber optic transmission lines near or adjacent to the current locations of other utilities on the property, and if necessary, to install an above-ground pedestal on the premises; (b) attaching wiring and equipment to a structure; and (c) installing, maintaining, repairing, or disconnecting service.
WARRANTY DISCLAIMER; LIMITATION ON DAMAGES. Our Service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. We do not warrant that the service will be uninterrupted or error-free.
SUBSCRIBER INDEMNIFICATION. You agree that you shall be responsible for and shall defend, indemnify, and hold harmless South Central and its employees, affiliates, suppliers, agents, and contractors and shall reimburse us for any damages, losses, or expenses (including without limitation, reasonable attorney’s fees and costs) incurred by us in connection with any claims, suits, judgments and causes of action arising out of (i) your use of the service or equipment; (ii) violation or infringement of contractual rights, privacy, confidentiality, copyright, patent, trademark, trade secret, or other intellectual property and proprietary rights arising from your use of the service or any unauthorized apparatus or system; and (iii) your breach of any provision of this agreement.
SERVICE INTERRUPTIONS. We assume no liability for interruption of Service or alterations in programming due to circumstances beyond our control, including without limitation, acts of God, natural disaster, fire, civil disturbance, strike, or weather. We assume no liability for any substitution, discontinuation, or modification of any programming. We will restore service within a reasonable time after you report a service interruption or other problem if the cause was not beyond our control, including without limitation, acts of God, natural disaster, fire, civil disturbance, strike, or weather.
POWER REQUIREMENTS. The applicant understands that the fiber optic service requires electricity at the applicant’s service location and if an electrical service outage occurs that the fiber optic service, which could include telephone service, will not function during the outage period.
SUBSCRIBER CONTACT. The applicant consents that South Central may contact him/her by calls and text messages to the phone numbers provided on this application.
CREDIT INQUIRIES. Subscriber authorizes South Central to make inquiries and to receive information about Subscriber’s credit experience from others, to enter such information into Subscriber’s file, and to disclose such information to appropriate third parties for reasonable business purposes. Subscriber further authorizes and consents to South Central reporting any late payment or non-payment of any service fees by subscribers to credit grantors or credit reporting agencies.
EQUIPMENT. Depending on the Level of Service available to and selected by the Subscriber, certain equipment will be required for Service. This equipment may include an Optical Network Terminal, in-home fiber cable, DVR set-top box, non-DVR set-top box wi-fi extender, gigabit switch, power strip, battery back-up unit, and remote controls (the “Equipment”). South Central will provide the subscriber with the equipment, which shall at all times remain the property of South Central, shall not be tampered with, and upon termination or cancellation of Service shall be returned to South Central in the same condition as existed at the time of delivery, reasonable wear and tear excepted, within ten days from the date of termination or cancellation. All equipment must be returned to a South Central business address, which can be found on South Central’s website, www.southcentralconnect.net. Failure to return the equipment to South Central within ten days will result in the Subscriber being liable for and charged the cost of the equipment.
PRICING. Current installation prices and monthly fees for each level of service offered by South Central Connect are posted at www.southcentralconnect.net. Any upgrades to existing service may incur additional installation charges
AUTHORIZED USER. Applicant and members of Applicant’s household, including guests of Applicant, are the only authorized users of the Service and must comply with the Agreement. The applicant may not sell, transfer, lease, encumber or assign all or part of the Service. If Applicant installs a wireless router, no one outside of the Applicant’s household may access the Service through Applicant’s account. The applicant is responsible for all traffic coming into or from Applicant’s account even it if is an unauthorized user. The applicant shall assure that any use of the Service complies with all applicable laws, regulations, and rules. This limitation on authorized users includes, but is not limited to, hosting applications such as the provision of e-mail, FTP, HTTP, VoIP, and Telnet access. Although resale of such services is prohibited, a business rate plan allows for the hosting of these services for the business’s own purpose (e.g., employee email, basic business website for marketing).