Legal Information

This institution is an equal opportunity provider and employer.

If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at http://www.ascr.usda.gov/complaint_filing_cust.html(link is external) or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at program.intake@usda.gov.

March 2018

Acceptable Use Policy

This Acceptable Use Policy applies to communications services ("Services”) delivered by SVEConnect, a subsidiary of Sequachee Valley Electric Cooperative, ("SVEC"). This policy is designed to encourage our customers and others ("Users") to use the Services responsibly and to enable us to provide our Users with secure, reliable and productive Services.

General Conduct

SVECONNECT’s network and the Services may be used only for lawful purposes. SVECONNECT is not responsible for the content of any websites linked to or accessible by the Services; links are provided as Internet navigation tools only. Users may not use the network or Services in order to transmit, distribute or store material (a) in violation of any applicable law, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, (c) that is obscene, threatening, abusive or otherwise illegal, or that contains a virus, worm, Trojan horse, or other harmful component; or (d) that contains fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive or misleading statements, claims or representations. Users are also subject to the acceptable use policies, as amended from time to time, of any third party provider of Services to SVECONNECT.

Internet Services

For SMB and Residential internet customers, SVECONNECT reserves the right in its sole discretion to enforce bandwidth allotments if a customer’s usage exceeds ten (10) times the average usage for the customer’s specific customer classification. If you have exceeded the appropriate level of internet usage in any given month, SVECONNECT will notify you by phone or in writing. You agree to change products or pay additional usage charges upon notice from SVECONNECT. Commercial and wholesale customers may choose either SMB or Professional Internet depending upon customer needs, which will be assessed with an SVECONNECT sales representative.

SMB Internet

• Designed to allow low cost access to small businesses that do not require internet to drive revenue or performance
• Best Effort Service (no Service Level Agreement)
• Network design is similar to residential with similar usage patterns expected
• Maintenance and upgrades performed as needed
  • Typically, maintenance will be performed between 2:00am to 6:00am, but may be at other times depending on need
  • Advance notification of planned upgrades and maintenance is not required

Professional Internet

• Designed as a product for 24/7 use with revenue and/or production impacts when down
• Service Level Agreement
• Speed Purchased = Committed Information Rate
• System is physically designed to assure purchased speed is delivered
• Premium Service
• Priority Support and Dedicated Customer Support Resources
• Escalation Path and Contact Information
• Static IP Addresses Included
• 7 Day advance notice provided prior to planned maintenance or upgrades
• 24/7 On-site Support

User Responsibility for Content

SVECONNECT does not assume any responsibility, control, oversight, ownership, or other interest in the e-mail messages, websites, content or other electronic data (in any form) of its Users, whether or not such electronic information is stored in, contained on or transmitted over property, equipment or facilities of SVECONNECT. Users are and shall remain solely responsible for such electronic information.

E-Mail

Users may not send unsolicited e-mail messages including, without limitation, bulk commercial advertising or informational announcements ("spam") in a way that could be reasonably expected to adversely impact the Services, including, without limitation, using an e-mail account on SVECONNECT's Network to send spam, or using the service of another provider to send spam or to promote a site hosted on or connected to the Services. In addition, Users may not use the Services in order to (a) send e-mail messages which are excessive and/or intended to harass others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged packet header information, (d) send malicious e-mail, including, without limitation, "mail bombing," (e) send e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an email box exclusively as a storage space for data.

SVECONNECT reserves the right in its sole discretion to enforce email storage caps depending upon your level of usage and the level of Services(s) purchased. If you have exceeded the appropriate level of email storage, SVECONNECT will notify you by phone or in writing, and you agree to reduce the amount of email storage or to enforce storage caps.

Forum Posts and Blogs

Users who post messages to internet forums or who blog are responsible for becoming familiar and complying with any terms and conditions or other requirements governing use of such forums or blogs. Regardless of such policies, Users may not (a) post the same message, or a series of similar messages, to one or more forum or newsgroup (excessive cross-posting, multiple-posting, or spamming), (b) cancel or supersede posts not originally posted by such User, unless such User does so in the course of his/her duties as an official moderator, (c) post any message with forged packet header information, or (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters.

Notice and Procedure for Making Copyright Infringement Claims

If you believe that any material on the SVECONNECT websites has infringed your copyrighted material or that SVECONNECT is the hosting service provider and should be notified of a potential copyright infringement, please follow the procedure set forth below to make your claim. This procedure should only be used for making claims of copyright infringement. This information does not take the place of advice from your legal counsel. SVECONNECT is providing this information to you and your Users for informational purposes only.

Rejection/Removal

SVECONNECT reserves the right to reject or remove any material residing on or transmitted to or through the Services that SVECONNECT, in its sole discretion, believes to be unacceptable or in violation of the law, this AUP, and/or the Terms and Conditions. SVECONNECT may immediately remove content if SVECONNECT believes such content is unlawful, violates the AUP and/or Terms and Conditions, or such removal is done pursuant to the Digital Millennium Copyright Act. Upon SVECONNECT's request, Users shall terminate service to any third party user or agent who, in SVECONNECT's sole discretion, has violated the AUP, Terms and Conditions, or applicable law or regulations.

Notification of Copyright Claim

If you believe that a Web page hosted by SVECONNECT is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with the SVECONNECT designated agent as described below:

Contact

DMCA Agent

Mail

SVECONNECT Legal Services Department Attn: Copyright Claims
P.O. Box 31
South Pittsburg, Tennessee 37380

Fax

(423) 837-5074
Attn: DMCA Agent - Copyright Claims

DMCA Complaints must be in writing and contain the following information

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SVECONNECT to locate the material;

4. Information reasonably sufficient to permit SVECONNECT to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You should be aware that complainants who make false claims or misrepresentations concerning copyright infringement may be liable for damages under the DMCA.

Counter-Notification in Response to Claim of Copyright Infringement

If a notice of copyright infringement has been wrongly filed against you and you would like to submit a counter-notice, please forward your counter-notice to SVECONNECT's designated agent at the address noted above. This process will invoke a dispute between you and the complaining party. Your counter-notification must be in writing and contain the following information:

1. A physical or electronic signature of an authorized person;

2. Identification of the material that was removed or access to which was disabled and the location at which material appeared before it was removed or access to it was disabled;

3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification;

4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located and that you will accept service of process from the complainant

You should be aware that substantial penalties under U.S. law apply for a false counter-notice filed in response to a notice of copyright infringement.

System and Network Security

Users are prohibited from violating or attempting to violate the security of SVECONNECT, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, flooding, mail bombing or crashing, (d) forging any packet header or any part of the header information in any e-mail or newsgroup posting, or (e) taking any action in order to obtain services to which such User is not entitled. Violations of system or network security may result in civil or criminal liability. SVECONNECT may investigate occurrences that may involve such violations, and SVECONNECT may involve and cooperate with law enforcement authorities in prosecuting Users who are alleged to be involved in such violations.

Suspension or Termination

Any User which SVECONNECT determines, in its sole discretion, to have violated any element of this Acceptable Use Policy shall receive a written warning, and may be subject at SVECONNECT's discretion to a temporary suspension of service pending such User's agreement in writing to refrain from any further violations; provided that SVECONNECT may immediately suspend or terminate such User's service without issuing such a warning if SVECONNECT, in its sole discretion deems such action necessary. If SVECONNECT determines that a User has committed a second violation of any element of this Acceptable Use Policy, such User shall be subject to immediate suspension or termination of service without further notice, and SVECONNECT may take such further action as SVECONNECT determines to be appropriate under the circumstances to eliminate or preclude such violation. SVECONNECT shall not be liable for any damages of any nature suffered by any customer, User, or any third party resulting in whole or in part from SVECONNECT's exercise of its rights under this Policy.

Service Monitoring

SVECONNECT has no obligation to monitor the services, but may do so and disclose information regarding the use of the services for any reason if SVECONNECT, in its sole discretion, believes that it is reasonable to do so, including to satisfy laws, regulations, or other governmental or legal requirements or requests; to operate the services properly, or to protect itself and its subscribers.

Privacy

Any User interacting with our site and providing SVECONNECT with name, address, telephone number, e-mail address, domain name or URL or any other personally identifiable information permits SVECONNECT to use such information for commercial purposes of its own, including contacting Users about products and services which may be of interest. All information concerning users of SVECONNECT shall be kept in accordance with SVECONNECT’s then-applicable Privacy Policy and the requirements of applicable law. SVECONNECT reserves the right to modify this Acceptable Use Policy at any time in its sole and absolute discretion. Changes and modifications will be effective when posted and any use of the Services after the posting of any changes will be considered acceptance of those changes.

No Waiver/Severability

Any failure of SVECONNECT to enforce this Policy shall not be construed as a waiver of any right to do so at any time. If any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law, and any remaining portions will remain in full force and effect.

August 2018

SVECONNECT is committed to protecting your privacy in accordance with applicable law. That is why we have adopted this Privacy Notice in regards to all SVECONNECT video, phone, Internet and similar services (the “Services”). This Privacy Notice statement describes our collection, use, disclosure and retention of information about you and others who use the Services (“Users”), how you may review and correct errors to that information, and enforcement of your rights regarding personal information.

COLLECTION OF SUBSCRIBER INFORMATION

Information about our subscribers is collected as necessary in order to provide the Services and to detect unauthorized reception or use of the Services. In order to provide reliable, high quality service to you, we keep regular business records containing information that you provide such as your name, address, email address, telephone number, identifying information, financial information and other similar information. We collect and maintain information about your account such as billing, payment and deposit history, maintenance and complaint information, and the Service options you have chosen. In addition, we may combine information we collect as a part of our regular business records with personally identifiable information obtained from third parties for the purpose of creating an enhanced database to use in marketing and other activities. We may maintain records of research concerning subscriber satisfaction and viewing habits, which are obtained from subscriber interviews and questionnaires. When you use interactive or other transactional television Services (i.e., pay-per-view), our system automatically collects information on your use of such Services, including the programs you view or order. We use this information to:

• Install, operate and maintain the Services
• Confirm you are receiving the level(s) of Service requested and are properly billed
• Identify you when changes are made to your account
• Inform you of new products or services that may be of interest to you
• Detect unauthorized reception of the Service
• Determine whether applicable policies and terms of service are being violated
• Configure Service-related devices
• Comply with the law
• As otherwise necessary, provide the Services or otherwise conduct business related to the Services

Except as otherwise provided in this Privacy Notice, SVECONNECT’s Acceptable Use Policy, and the applicable Terms and Conditions, SVECONNECT does not assume any responsibility, control, oversight, ownership or other interest in the email messages, websites, specific Internet usage history, voicemail, content or other electronic data of its Users; provided that SVECONNECT is permitted to use such information as necessary for SVECONNECT to bill Users and to provide the Services. Even if such electronic information is stored in, contained on, or transmitted over property, equipment or facilities of SVECONNECT, SVECONNECT shall not have any responsibility, control, oversight, ownership, or other interest in such information; provided that SVECONNECT may delete such information as provided in the Terms and Conditions that are applicable to the Services. Users are and shall remain solely responsible for such electronic information.

INTERNET AND PHONE PRIVACY

SVECONNECT does not use, share, or sell a User’s email messages, website browsing, specific Internet usage history, voicemail, or other electronic data generated from a User’s Internet and phone Service. SVECONNECT does not control or monitor a User’s actions with respect to such User’s Internet and phone activities, but SVECONNECT may control or monitor certain information related to its Internet and phone Services in order to provide, support, optimize such Services, comply with the law, and meet its obligations with respect to such Services.

DISCLOSURE OF INFORMATION

Personally identifiable information will only be disclosed for legitimate business activities related to the Services including, for example:

• Billing and collections
• Administration
• Surveys
• Marketing
• Maintenance
• Fraud prevention
• Comply with the law

In addition, personally identifiable information about you will sometimes be disclosed to others (such as our employees, contractors, and agents for our internal business purposes) as well as outside auditors, professional advisors, service providers, potential business partners, regulators, and franchise authorities with or without your written consent if necessary to render the Services or to conduct a legitimate business activity related to the Services.

Although we make every reasonable effort to preserve your privacy as described, we cooperate with law enforcement, including without limitation under subpoena, court order, or search warrant. In such event, we will take reasonable steps to notify you before we respond if we are permitted to do so by law. We may also use or disclose personally identifiable information about you without your consent to protect our customers, employees, or property, in emergency situations or to enforce our rights in court or elsewhere.

We reserve the right to include usage information in aggregate formats, such as ratings surveys and other statistical reports, so long as such information does not personally identify you, your particular viewing habits, or the nature of any transaction you have made using the Services.

SECURITY

We take reasonable security precautions to protect your personally identifiable information that we collect when you use the Services from unauthorized access, use, and disclosure. For example, we store billing records on computers in a controlled and secure environment. However, we cannot guarantee that our security precautions will prevent every unauthorized attempt to access, use, or disclose your personally identifiable information.

MARKETING SERVICES

From time to time, your name and address might be disclosed for mailing lists in connection with the promotion of SVECONNECT products and services and other legitimate business activities, subject to the CPNI policies discussed below. If you wish to remove your name from such lists or limit the use of your name and address at any time, please contact us in person, in writing, or by telephone at (423)837-8605.

RETENTION OF INFORMATION

SVECONNECT’s maintenance of personally identifiable information collected during the time you are a subscriber will be in accordance with SVECONNECT’s Document Retention Policy. We generally will destroy the information consistent with the requirements of applicable law or SVECONNECT’s Document Retention Policy, if the purpose for which such information was collected has been accomplished and we no longer need to retain the information for compliance with law, reporting, or other legitimate business activities.

RIGHT TO REVIEW AND CORRECT INFORMATION

Upon reasonable notice and during regular business hours, you may examine and copy (at your cost) any information we create relating to you at SVECONNECT’s headquarters located At 512 South Cedar Avenue, South Pittsburg, TN 37380. If you wish to inspect those records, please contact us by mail at the above address or by telephone at 837-8605, giving us a reasonable period of time to locate and, if necessary, prepare the information for review, and to arrange an appointment during regular business hours. You will only be permitted to examine records that contain information about you and no one else.

SPECIAL NOTICE CONCERNING CUSTOMER PROPRIETARY NETWORK INFORMATION

In addition to the provisions of this Privacy Notice, Federal law protects your privacy rights as a customer of SVECONNECT’s phone Services. These rights are in addition to the existing safeguards that SVECONNECT already has in place to protect your privacy rights. The Federal Communications Commission (FCC) requires SVECONNECT to notify you of your right to restrict the use of your Customer Proprietary Network Information (CPNI).

What is CPNI? Customer Proprietary Network Information (CPNI) is personally identifiable information that a telecommunications carrier collects when providing phone services to a customer. CPNI typically consists of telephone numbers you have called, call duration and timing of those calls, as well as call frequency and any call management services you use.

Permitted Use of CPNI by a Telephone Company Without Your Permission - SVECONNECT may use CPNI for certain purposes without your permission, including marketing. SVECONNECT may also use CPNI to respond to your inquiry regarding Services you currently use or related services offered. In addition, we may use CPNI in connection with repair and maintenance services, billing and collection, to protect our property and to prevent fraud.

Additional Information Regarding Your CPNI Rights - You have the right to deny or withdraw access to CPNI at any time or to instruct us to disclose CPNI to unaffiliated third parties by written request. Any approval or denial for the use of CPNI is valid until you affirmatively revoke or limit such approval or denial. A denial of your approval will not affect the Services to which you subscribe.

SVECONNECT reserves the right to modify this Privacy Notice at any time. We will notify you of any material changes via written, electronic, or other means permitted by law. If you find the changes unacceptable, you have the right to cancel the Services. If you continue to use the Services after receiving notice of such changes, we will consider that as your acceptance of the changes.

August 2018

SVECONNECT RESIDENTIAL TERMS AND CONDITIONS OF SERVICE

Acceptable Use of Services. The Service(s) provided herein are for your use only, and you shall not use or permit the use of these services for any other purpose. You shall not make the Service(s) or permit the Service(s) to be made available for resale or to provide video, telecommunications, internet or similar services to one or more third parties. SVECONNECT has published acceptable use terms and conditions for Services. Customers who knowingly violate these terms may have their use of services revoked or suspended.

Copies of these acceptable use terms and conditions are available at SVECONNECT’s headquarters and at www.SVEConnect.com. Customers are encouraged to read and follow these policies, including any updates that may be published on SVECONNECT’s website. You may not use Pay-Per-View for commercial gain or public viewing without SVECONNECT’s prior express authorization.

The Service and Equipment are provided to you for your personal use. You may not resell or transfer the Service or the Equipment to any other person for any purpose, or charge others to use the Service; use the Service in any manner that is contradictory to

SVECONNECT’s Acceptable Use Policy that is available at www.SVEConnect.com; tamper with, disrupt or “hack” the Equipment, or make use of the Service in any way that is inconsistent with its intended purpose. You also agree to comply with the Terms & Conditions of all end-user license agreements that accompany the Equipment or are otherwise applicable to your use of the Equipment and the Services. All such agreements are incorporated herein by reference. Upon termination of this Agreement, all end-user licenses also terminate; you agree to return to us or destroy at that time all versions and copies of all software received in connection with the Services. SVECONNECT reserves the right to terminate your Service should you, in SVECONNECT’s sole discretion, commit any of the actions listed above. You are responsible for any liability or charges billed by any program provider. SVECONNECT reserves the right in its sole discretion to enforce bandwidth allotments depending upon your level of usage and the level of Service(s) purchased. If you have exceeded the appropriate level of internet usage in any given month, SVECONNECT will notify you by phone or in writing. You agree to pay additional charges upon notice from SVECONNECT.

Assignment. This service agreement is non-assignable without the express written consent of SVECONNECT.

Billing and Payments. SVECONNECT will bill all charges, applicable taxes, and fees monthly in advance (except for usage based charges, which will be billed monthly in arrears).

Applicable charges will be set forth in SVECONNECT’s then-current fee schedule found at www.SVEConnect.com. Some government imposed fees and taxes may be imposed or become applicable retroactively, and you will be responsible for paying any such charge. If you are exempt from payment of such taxes, you must provide SVECONNECT with an original certificate that satisfies all applicable legal requirements. A tax exemption will only apply from and after the date we receive it. Failure to pay the total balance when due may be grounds for disconnecting service and/or imposing a late fee. SVECONNECT may charge a reasonable fee for all returned check and bankcard chargebacks. The returned amount plus fee must be paid by cash, cashier’s check or money order. If SVECONNECT retains an agency or attorney to collect any amount owed, you will be obligated to pay all of SVECONNECT’s costs of collection, including attorneys’ fees. If you dispute any charges, you must notify SVECONNECT within sixty (60) days of the date of your SVECONNECT invoice, or any such dispute will be waived.

Changes to Service Terms and Conditions. Subject to applicable law, we have the right to change our Services, Equipment and rates or charges at any time with or without notice. We may also change, add or remove programming features or offerings contained in the Service or other Terms & Conditions related to the Service. We will provide you notice of changes to the Service and to these Terms & Conditions consistent with applicable law. We may also post notice of such changes at www.SVEConnect.com, and we may send notice to you to the email address on SVECONNECT’s account records for you. Because we may from time to time notify you about important information concerning the Service and these Terms & Conditions, you agree to regularly check your postal mail, email and all postings on www.SVEConnect.com or on another website about which you have been notified. You bear the risk of failing to do so. If you find a change in Service or a change in these Terms & Conditions unacceptable, you may cancel the Service. If you continue to receive the Service, we will consider you to have accepted these changes.

Copyright. Any firmware or software used to provide the Service and all Services, information, documents and materials provided by SVECONNECT in written or electronic form are protected by trademark, copyright or other intellectual property laws. Your use of this firmware, software and the Services is subject to these laws. All names, service marks, trademarks, trade names, logos, content, photographs, sound or image files and domain names (collectively “marks”) of SVECONNECT are and shall remain the exclusive property of SVECONNECT, and nothing in these Terms & Conditions shall grant you the right or license to use any of such marks.

Credit Policy. SVECONNECT reserves the right to review your previous billing history with SVECONNECT or access your credit history through a credit reporting agency.

Equipment. All equipment issued to you by SVECONNECT shall remain the property of SVECONNECT at all times. You agree to be responsible for any loss, theft or damage of SVECONNECTs’ Equipment. If equipment is lost or damaged, please contact your insurance company to file a claim. SVECONNECT is not responsible for the maintenance, operation, service or repair of any of your equipment connected to the Services, including without limitation television, computer, telephone or any other device. You agree to allow SVECONNECT or its agents to send software to your equipment and to configure your equipment when necessary to provide Services, even if doing so changes, adds or removes features or functionality of any such equipment. Absent gross negligence or willful misconduct, SVECONNECT will not be responsible for any damage to your equipment arising from such activities. In the event of such damage, SVECONNECT’s maximum liability to you is $500 for the cost of repairs. If you are not the owner of the equipment, you are responsible for obtaining any necessary approval from the owner to allow us to access this equipment and to perform the activities listed above.

E911 Notice. In order for 911 calls to be properly directed, SVECONNECT must have your correct service address. Connect Phone uses the electrical power in your home. In the event of a power outage, 911 calling may be interrupted if battery back-up is not installed, fails or is exhausted. Calls may not be completed in the event of problems with network facilities or other technical problems. Prior to changing your address, please call (423) 837-8605 to provide SVECONNECT with notice. SVECONNECT will require several business days to update your service address in the 911 system.

Force Majeure. SVECONNECT shall not be liable for any failure, interruption or diminution of service in the event that such failure, interruption or diminution is caused by or due to causes beyond its control, including, but not limited to, acts of God; fire, earthquake, flood, water, the elements or other catastrophes; strikes, lock-outs, work stoppages or other labor difficulties; utility curtailments, power failures, explosions; insurrections, riots, wars or civil disturbances; any law, order, regulation, or requests of any government or of any civil or military authority; national emergencies; shortages or failure of equipment or supplies, including cable, fiber, switching and other network equipment of third parties; unavailability of transportation; acts or omissions of third parties; or any other cause beyond SVECONNECT’s reasonable control.

Governing Law. These Terms & Conditions and the relationship between you and SVECONNECT shall be governed by the laws of the State of Tennessee without regard to its conflict of laws principles.

Indemnity. You agree to indemnify and hold harmless SVECONNECT from all liabilities, damages, claims and expenses, including without limitation attorneys’ fees, that arise from your or a User’s use of misuse of the Service; from any violation or infringement of contractual rights, privacy, confidentiality, copyright, patent, trademark, trade secret or other intellectual property; from use or failure of the 911/E911 functionality or any other dialing associated with a home security, home detention, medical monitoring or other similar system; and from your breach of any provision of these Terms & Conditions. Where you are obligated to indemnify or hold SVECONNECT harmless anywhere in these Terms & Conditions, those obligations run not only to SVECONNECT but also to its employees, representatives, affiliates, agents, officers and directors.

Installation and Access. As the customer, you agree to allow SVECONNECT the right to enter your property for the purposes of adjusting, repairing, replacing, maintaining, moving, auditing or removing any equipment if necessary. You represent that you either own the property or have the right to allow SVECONNECT to install any necessary equipment and wiring to provide you service. You also agree to allow access for the purpose of checking signal quality. You should always ask for proper identification anytime an SVECONNECT employee or contractor requests entry to your property. If identification is not provided, please do not allow access.

Limitation of Liability. IN NO EVENT SHALL SVECONNECT BE LIABLE TO CUSTOMER OR TO ANY USER OF CUSTOMER’S SERVICE FOR LOSS OF PROFITS OR FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM THE RELATIONSHIP OR THE CONDUCT OF BUSINESS UNDER THE AGREEMENT, EVEN IF SVECONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. WITHOUT LIMITATION OF THE FOREGOING, SVECONNECT SHALL HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS RESULTING FROM OTHERS ACCESSING CUSTOMER’S COMPUTERS AND EQUIPMENT, SECURITY BREACHES, VIRUSES, EASVESDROPPING, INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES, OR ANY USE OF THE EQUIPMENT OR SERVICES OF SVECONNECT THAT INFRINGES UPON ANY PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR INTELLECTUAL PROPERTY OR CONTRACTUAL OR OTHER RIGHTS OF ONE OR MORE THIRD PARTIES. It is expressly understood that SVECONNECT shall have no liability for any damage to you or any other person claimed to have resulted from your use of the Service(s).

Miscellaneous. These Terms & Conditions and any other documents incorporated by reference constitute the entire agreement and understanding between you and SVECONNECT with respect to SVECONNECT’s provision of the Service(s) and related equipment. They replace any and all prior written or verbal agreements. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. If SVECONNECT fails to insist upon or enforce strict performance of any provision of these Terms & Conditions, it shall not thereby waive any provision or right. Neither the course of conduct between the parties nor trade practice shall modify these Terms and Conditions.

No Warranties. SVECONNECT Makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement usage of trade, course of dealing or course of performance or any warranty that the service or the equipment will meet customer’s requirements. The Service and the Equipment are provided to you on an “as is” basis. The Service is not failsafe and may be disrupted. The service is not designed or intended for use in situations in which an error or interruption could lead to injury to business, persons, property or the environment. Without limiting the foregoing, SVECONNECT does not warrant that the service will be without failure, delay, interruption, error, degradation of quality, or loss of content, data or information. Neither SVECONNECT nor its officers, directors, employees, contractors or any other service provider who furnishes services or products to customer in connection with these Terms & Conditions or the Service will be liable for unauthorized access to facilities, premises or equipment or for unauthorized access to, or alteration, theft or destruction of customer’s data or information regardless of whether such damage occurs as a result of negligence by SVECONNECT, its contractors or service providers. Statements and descriptions concerning the Service or Equipment, if any, by SVECONNECT or by SVECONNECT’s authorized representatives are informational and are not given as a warranty of any kind.

Parental Control. Parental control features are available for your use with SVECONNECT services. We encourage parents to use this feature to block or filter video or internet information that may not be appropriate for minors.

Service Termination or Changes. As with all our utility services, one call to our office will take care of your needs. Please call 837-8605 should you decide to alter your services, move or make any other changes.

Survival. Certain obligations under these Terms & Conditions by their terms continue beyond termination of the Service including, but not limited to, provisions dealing with access to property, disclaimers of warranties, limitations of liability and indemnity. The termination, expiration or cancellation of Service under these Terms & Conditions shall in no way affect the survival of such obligations.

Video Programming. You acknowledge that SVECONNECT has the right at any time to preempt without notice specific advertised programming and to substitute programming, which SVECONNECT deems to be comparable.

Wiring. In a single dwelling unit, all inside wiring is the customer’s property. In a multiple dwelling unit or a commercial premises, wiring is not the customer’s property unless purchased by the customer. Ownership of wiring begins twelve (12) inches from where the wiring enters the outside of the customer’s premise.

August 2018

SVECONNECT BUSINESS TERMS AND CONDITIONS OF SERVICE

Acceptable Use of Services. SVECONNECT’s video, voice, and internet services (the “Services”) are for Customer’s use only, and Customer shall not use or permit the use of Services for any other purpose. Customer shall not make the Service(s) or permit the Service(s) to be made available for resale or to provide video, telecommunications, internet or similar services to third parties. SVECONNECT has published an Acceptable Use Policy (AUP) applicable to the Services. SVECONNECT reserves the right to revoke or suspend service to Customers who knowingly violate the Policy. The AUP is available online at www.SVEConnect.com and at SVECONNECT’s headquarters. Customers are encouraged to read and follow the AUP, including any updates that may be published on SVECONNECT’s website. Customer may not use video on demand services for commercial gain or public viewing without SVECONNECT’s prior express authorization. The Service(s) and Equipment are provided for Customer’s use. Customer may not resell or transfer the Service or the Equipment to any other person for any purpose, or charge others to use the Service; use the Service in any manner that is contradictory to the AUP; tamper with, disrupt or “hack” the Equipment, or make use of the Service in any way that is inconsistent with its intended purpose. Customer also agrees to comply with the Terms & Conditions of all end-user license agreements that accompany the Equipment or are otherwise applicable to Customer’s use of the Equipment and the Services. All such agreements are incorporated herein by reference. Upon termination of this Agreement, all end-user licenses also terminate, and Customer agrees to cease use, return or destroy all versions and copies of all software received in connection with the Services. SVECONNECT reserves the right to terminate Customer’s Service should Customer, in SVECONNECT’s sole discretion, commit any of the actions listed above. Customer is responsible for any liability or charges billed by any program provider for video on demand or other similar services. As provided further in the AUP, SVECONNECT reserves the right to enforce bandwidth allotments or email storage limits for SMB Internet Customers if usage exceeds ten times the average use of SMB customers.

Assignment. This Agreement is non-assignable without the express written consent of SVECONNECT.

Billing and Payments. SVECONNECT will bill all charges, applicable taxes, and fees monthly in advance (except for usage based charges, which will be billed monthly in arrears). Applicable charges will be set forth in SVECONNECT’s then-current fee schedule found at www.SVEConnect.com. Some government imposed fees and taxes may be imposed or become applicable retroactively, and Customer will be responsible for paying any such charge. If Customer is tax-exempt, Customer must provide SVECONNECT with an original certificate that satisfies all applicable legal requirements. A tax exemption will only apply from and after the date SVECONNECT receives it. If Customer fails to pay the total balance when due, SVECONNECT may disconnect service or impose a late fee. SVECONNECT may charge a reasonable fee for all returned checks and chargebacks, which shall be paid by cash, cashier’s check or money order. Customer will be obligated to pay all of SVECONNECT’s costs of collection, including attorneys’ fees. Customer must notify SVECONNECT of any disputes within sixty (60) days of the date of Customer’s SVECONNECT invoice, or any such dispute will be waived. Customer agrees to pay all amounts within thirty (30) days from date of invoice. A late charge of 1.5% of the outstanding amount shall be payable each month on any past due amounts and shall continue to accrue until all amounts due are paid in full.

Changes to Service Terms and Conditions. Subject to applicable law, SVECONNECT has the right to change Services and Equipment at any time. SVECONNECT may also change, add or remove programming features or offerings. SVECONNECT will provide Customer notice of changes to the Service and to these Terms & Conditions consistent with applicable law and may also post notice of such changes at www.SVEConnect.com or send notice to Customer’s email address on SVECONNECT’s account records. Customer agrees to regularly check mail, email and all postings on www.SVEConnect.com. Customer bears the risk of failing to do so. If Customer finds a change in Service or a change in these Terms & Conditions unacceptable, Customer may cancel the Service. If Customer continues to receive the Service after notice, SVECONNECT will consider Customer to have accepted any changes.

Copyright. Any firmware or software used to provide the Service and all Services, information, documents and materials provided by SVECONNECT in written or electronic form are protected by trademark, copyright or other intellectual property laws. Customer’s use of firmware, software and the Services is subject to such laws. All names, service marks, trademarks, trade names, logos, content, photographs, sound or image files and domain names of SVECONNECT are and shall remain the exclusive property of SVECONNECT, and nothing in these Terms & Conditions shall grant Customer the right or license to use any of such marks.

Credit Policy. SVECONNECT reserves the right to review Customer’s previous billing history with SVECONNECT or access Customer’s credit history through a credit reporting agency.

Customer’s Responsibilities: Customer shall: (1) Be responsible for and pay any and all local, state or federal taxes or charges in the nature of taxes imposed by any governmental authority or regulatory agency, in addition to the charges required by SVECONNECT pursuant to the Agreement; (2) Promptly furnish upon request any technical information or specifications relating to its system as may be reasonably required by SVECONNECT; (3) Promptly provide identified employees or contractors of SVECONNECT safe access to Customer’s premises at all reasonable times for the purpose of installing, maintaining, repairing, removing, exchanging or inspecting any or all equipment and facilities belonging to SVECONNECT; (4) Provide adequate right-of-way over, access to and space within Customer’s premises, as determined by SVECONNECT, for SVECONNECT’s facilities and equipment; (5) Not permit or use SVECONNECT’s system or facilities for any use or purpose not permitted by the AUP or by applicable federal, state or local law or regulation, including, without limitation, and any laws or regulations presently in force or hereafter adopted pertaining to broadcast or other “spam” emails; and (6) Be responsible for and protect the property, equipment and facilities of SVECONNECT on Customer’s premises.

E911 Notice. In order for 911 calls to be properly directed, SVECONNECT must have Customer’s correct service address. SVECONNECT’s phone service uses the electric power in Customer’s business. In the event of a power outage, 911 calling may be interrupted if battery back-up is not installed, fails or is exhausted. Calls may not be completed in the event of problems with network facilities or other technical problems. Prior to changing Customer’s address, Customer must call SVECONNECT to provide notice of a location change, and SVECONNECT may require several business days advance notice to update Customer’s service address in the E911 system.

Equipment. All equipment issued to Customer by SVECONNECT shall remain the property of SVECONNECT at all times. Customer agrees to be responsible for any loss, theft or damage of SVECONNECT’s equipment. SVECONNECT is not responsible for the maintenance, operation, service or repair of any of Customer’s equipment connected to the Services, including without limitation television, computer, telephone or any other device. Customer agrees to allow SVECONNECT or its agents to send software to Customer’s equipment and to configure Customer’s equipment when necessary to provide Services, even if doing so changes, adds or removes features or functionality of any such equipment. Absent gross negligence or willful misconduct, SVECONNECT will not be responsible for any damage to Customer’s equipment arising from such activities. In the event of such damage, SVECONNECT’s maximum liability to Customer is $500 for the cost of repairs. If Customer is not the owner of the equipment, Customer is responsible for obtaining any necessary approval from the owner to allow SVECONNECT to access this equipment and to perform the activities listed above.

Force Majeure. SVECONNECT shall not be liable for any failure, interruption or diminution of service in the event that such failure, interruption or diminution is caused by or due to causes beyond its control, including, but not limited to, acts of God; fire, earthquake, flood, water, the elements or other catastrophes; strikes, lock-outs, work stoppages or other labor difficulties; utility curtailments, power failures, explosions; insurrections, riots, wars or civil disturbances; any law, order, regulation, or requests of any government or of any civil or military authority; national emergencies; shortages or failure of equipment or supplies, including cable, fiber, switching and other network equipment of third parties; unavailability of transportation; acts or omissions of third parties; or any other cause beyond SVECONNECT’s reasonable control.

Governing Law. These Terms & Conditions and the relationship between Customer and SVECONNECT shall be governed by the laws of the State of Tennessee without regard to its conflict of laws principles.

Indemnity. Customer agrees to indemnify and hold harmless SVECONNECT from all liabilities, damages, claims and expenses, including without limitation attorneys’ fees, that arise from Customer’s or a User’s use or misuse of the Service; from any violation or infringement of contractual rights, privacy, confidentiality, copyright, patent, trademark, trade secret or other intellectual property; from use or failure of the 911/E911 functionality or any other dialing associated with a home security, home detention, medical monitoring or other similar system; and from Customer’s breach of any provision of these Terms & Conditions. Where Customer is obligated to indemnify or hold SVECONNECT harmless anywhere in these Terms & Conditions, those obligations run not only to SVECONNECT but also to its employees, representatives, affiliates, agents, officers and directors.

Installation and Access. Customer agrees to allow SVECONNECT the right to enter Customer’s property for the purposes of adjusting, repairing, replacing, maintaining, moving, auditing or removing any equipment if necessary. Customer represents that Customer either owns the property or has the right to allow SVECONNECT to install any necessary equipment and wiring to provide Customer service. Customer also agrees to allow access for the purpose of checking signal quality. Customer should always ask for proper identification anytime an SVECONNECT employee or contractor requests entry to Customer’s property.

Limitation of Liability. IN NO EVENT SHALL SVECONNECT BE LIABLE TO CUSTOMER OR TO ANY USER OF CUSTOMER’S SERVICE FOR LOSS OF PROFITS OR FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM THE RELATIONSHIP OR THE CONDUCT OF BUSINESS UNDER THE AGREEMENT, EVEN IF SVECONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. WITHOUT LIMITATION OF THE FOREGOING, SVECONNECT SHALL HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS RESULTING FROM OTHERS ACCESSING CUSTOMER’S COMPUTERS AND EQUIPMENT, SECURITY BREACHES, VIRUSES, EASVESDROPPING, INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES, OR ANY USE OF THE EQUIPMENT OR SERVICES OF SVECONNECT THAT INFRINGES UPON ANY PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR INTELLECTUAL PROPERTY OR CONTRACTUAL OR OTHER RIGHTS OF ONE OR MORE THIRD PARTIES. If applicable, the outage credits provided for in the Service Level Agreement represent the sole liability of SVECONNECT for any interruption or failure of service or any breach or other claim arising from the Agreement. Otherwise, SVECONNECT’s liability shall not exceed the total amount paid by Customer to SVECONNECT for non-usage based charges in the prior month. It is expressly understood that SVECONNECT shall have no liability for any damage to Customer or any other person claimed to have resulted from Customer’s use of the Service(s). SVECONNECT is not liable for any inconvenience, loss, liability or damage resulting from any interruption of or defect with the Service or equipment including, without limitation, interruptions or defects caused directly or indirectly by matters beyond our control.

Miscellaneous. These Terms & Conditions and any other documents incorporated by reference constitute the entire agreement and understanding between Customer and SVECONNECT with respect to SVECONNECT’s provision of the Service(s) and related equipment. They replace any and all prior written or verbal agreements. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. If SVECONNECT fails to insist upon or enforce strict performance of any provision of these Terms & Conditions, it shall not thereby waive any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms & Conditions.

No Waiver. A waiver by either party of a breach of any provision of the Agreement and these General Terms must be in writing, and no such written waiver shall operate as, nor be construed as, a waiver of any subsequent breach.

No Warranties. SVECONNECT makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement usage of trade, course of dealing or course of performance or any warranty that the service or the equipment will meet customer’s requirements. The Service and the equipment are provided to Customer on an “as is” basis. The Service is not fail-safe and may be disrupted. Without limiting the foregoing, SVECONNECT does not warrant that the service will be without failure, delay, interruption, error, degradation of quality, or loss of content, data or information. Neither SVECONNECT nor its officers, directors, employees, contractors or any other service provider who furnishes services or products to customer in connection with these Terms & Conditions or the Service will be liable for unauthorized access to facilities, premises or equipment or for unauthorized access to, or alteration, theft or destruction of customer’s data or information regardless of whether such damage occurs as a result of negligence by SVECONNECT, its contractors or service providers. Statements and descriptions concerning the Service or equipment, if any, by SVECONNECT or by SVECONNECT’s authorized representatives are informational and are not given as a warranty of any kind.

Parental Control. Parental control features are available for Customer’s use with SVECONNECT Fiber Optics services.

Right to Audit. Customers receiving Bulk Viewing and Public Viewing packages agree that SVECONNECT’s pricing is calculated based upon the number of units in a premises or building occupancy. Such Customers agree to notify SVECONNECT in advance of any addition to the number of units or an increase in occupancy of Customer’s building. SVECONNECT reserves the right to audit Customer’s premise for increases, and Customer agrees to pay an increased rate retroactive to the date of installation or prior audit, whichever is later.

Survival. Certain obligations under these Terms & Conditions continue beyond termination of the Service including, but not limited to, provisions dealing with access to property, disclaimers of warranties, limitations of liability and indemnity. The termination, expiration or cancellation of Service under these Terms & Conditions shall in no way affect the survival of such obligations.

Terms. The Agreement shall commence on the date set forth on the Agreement or such earlier date if Customer begins receiving the services in the ordinary course of business. The initial term of the Agreement shall be for a period specified on the Agreement and beginning on the date of the Agreement. Thereafter, the Agreement shall continue from month to month at unbundled rates until Customer provides SVECONNECT with thirty (30) days prior written notice of cancellation.

Termination. If Customer fails to pay fees or charges when due, SVECONNECT may terminate the Agreement upon 10 days’ notice. Either party may terminate the Agreement for the other party’s default of an obligation under the Agreement and failure to cure such default within thirty (30) days’ of written notice of such default (“Cause”). If Customer terminates the Agreement at any time prior to the expiration of the Initial Term other than for Cause, or if SVECONNECT terminates the Agreement contract for nonpayment of fees or charges or for Cause, Customer shall be immediately responsible for payment of all charges and expenses incurred to date plus a termination charge equal to 50% of the total monthly charges (excluding variable usage charges) that would have become due for the remainder of the term if such termination had not occurred plus any waived installation charges or other fees. Customer acknowledges that such termination is reasonable and forms an integral portion of the rates and charges established in the Agreement. All amounts due SVECONNECT will become immediately due and payable.

Video Programming. Customer acknowledges that SVECONNECT has the right at any time to preempt without notice specific advertised programming and to substitute programming, which SVECONNECT deems to be comparable.

Wiring. In a single dwelling unit, all inside wiring is the customer’s property. In a multiple dwelling unit or a commercial premise, wiring shall be the property of SVECONNECT unless purchased by the customer. Ownership of wiring shall twelve (12) inches from where the wiring enters the outside of the customer’s premise.

There are two "Do Not Call" lists which Connect phone customers can contact and put their name/number(s) on in order to help cut down on unwanted calls. 

1. Go to DoNotCall.gov or call 1-888-382-1222 (TTY: 1-866-290-4236) from the phone you want to register. It’s free. If you register your number at DoNotCall.gov, you’ll get an email with a link you need to click on within 72 hours to complete your registration.

For Tennessee:

2. To register a phone number on the Tennessee Do-Not-Call register, call 877 872-7030. Please allow up to 30 days for your phone number to be added to the list. Registration is free of charge.

The State of Tennessee offers a Complaint Form should a customer wish to make a formal complaint about receiving unwanted calls. Please note, the Tennessee PSC requires the customer to be listed on the Do Not Call list in order to file a complaint.

Download/print the Complaint Form