This Service Agreement (“Agreement”) describes certain terms and conditions under which Cooperative Connection, LLC (dba “Sprout Fiber Internet”) will provide fiber optic broadband services (the “Service”) to subscribers. By accepting service from Cooperative Connection, LLC d/b/a Sprout Fiber Internet, you agree to these terms and conditions and they are legally binding.
1. TERMS OF SERVICE AND COMPLIANCE. Subscriber agrees to comply with all terms contained within this Agreement and to comply with SPROUT FIBER INTERNET’s policies, rules and price schedules related to the Service. This Agreement, along with SPROUT FIBER INTERNET’s policies, rules and price schedules, are collectively referred to herein as the “Terms of Service.” The Terms of Service constitute a binding contract between the Subscriber and SPROUT FIBER INTERNET. The Subscriber acknowledges and agrees that the Terms of Service may change from time to time following notice of such change and will remain contractually binding. The Subscriber’s execution of the Participation Form at the time service is requested and use of the Service shall be deemed acknowledgment that the Subscriber has read and agreed to all the Terms of Service, including this Agreement.
2. OWNERSHIP OF THE SERVICE LOCATION. The Subscriber represents that it lawfully owns the real property at which the Subscriber is to receive the Service (the “Service Location), or that the Subscriber has the written permission of such owner(s) to enter this Agreement.
3. BILLING AND PAYMENT. The Subscriber agrees to pay all current and future rates, fees, deposits, and other charges related to the Service, including installation fees (if applicable) covering non-standard installation for data connections, phone lines (if applicable), and Wi-Fi extenders (if applicable).
a) PAYMENT SCHEDULE. The Subscriber agrees that failure to pay all rates, fees, and charges may result in termination of Service and SPROUT FIBER INTERNET’s immediate collection of all amounts owed. One month’s service charges and installation fee (if applicable) are due upon scheduling of the install. The first billing statement will include the upcoming month’s service plus the prorated amount for the bill for the month of installation. The initial payment shall be applied to the prorated portion of the month in which the subscriber received service and the first full month of service. The billing period covers the first day through the last day of the month. The bill will be generated on the first business day of each month and will have a due date of the 15th of same month. A late fee of 5% of the total due will be assessed if the account is not paid in full by the 20th of the same month. Accounts not paid in full by 4:00 pm on the 15th of the following month will be disconnected. If the account is disconnected for non-payment, the account must be made current before Services may be reconnected. Accounts not made current by the 20th of the following month will be inactivated and the account will be charged for unreturned equipment. Inactivate accounts with a balance due are subject to collection.
b) COLLECTIONS. SPROUT FIBER INTERNET uses a third party agent to collect unpaid balances from subscribers. Subscriber gives express written consent, by agreement of the Terms of Service, to be contacted by direct mail, email, text message, or telephone call, including wireless telephone numbers, associated with the account holder. Methods of contact may include prerecorded or artificial voice messages and/or use of an automatic dialing device, as applicable.
d) MAILED STATEMENT: Subscribers who opt to receive their bill by postal mail will be accessed a $2 fee each month a statement is mailed. Subscribers may change their billing method at any time.
e) RETURNED CHECK: A $30 fee and penalties (if applicable) will be applied to accounts when a payment made by check is returned for insufficient funds, closed/invalid accounts, or any other reason. Subscribers must redeem the check, in person and pay by cash, credit card, cashier’s check, or money order. If payment is not received before the due date, service will be subject to disconnections without further notice.
f) ACCOUNT BALANCE. Accounts with a positive balance are eligible for a refund 10 days after inactivation. Refunds are issued weekly and processed by the subscriber’s last payment method. Refund checks over $10 will be mailed to the subscriber’s mailing address on record. Cash refunds under $10 may be collected at the Cullman Electric Cooperative office by the subscriber.
4. a) TERM OF AGREEMENT AND TERMINATION BY RESIDENTIAL SUBSCRIBER. This Agreement is for no fixed term, and Subscriber can cancel Service at any time. The Router/Gateway, wireless extender(s), if any, and Optical Network Terminal (“ONT”) on the Subscriber’s premises remain the property of SPROUT FIBER INTERNET and the Cullman Electric Cooperative (“CEC”), respectively and must be returned to SPROUT FIBER INTERNET upon cancellation or discontinuation of Service in accordance with paragraph 10 hereof. It is the Subscriber’s responsibility to return the equipment to CEC. A technician will not be sent to retrieve equipment when a Subscriber terminates service. It is the subscriber’s responsibility to provide a forwarding address for final billing purposes. Should the Subscriber fail to return the equipment to CEC within thirty (30) days of cancellation, then the value of the equipment will be added to the Subscriber’s account.
4. b) TERM OF AGREEMENT AND TERMINATION BY COMMERCIAL SUBSCRIBER. This Agreement is for a 36-month term as outlined in the contract for service. Unless otherwise stated in the contract for service, the Router/Gateway, wireless extender(s), if any, Optical Network Terminal (“ONT”), and any other provided and installed equipment on the Subscriber’s premises remain the property of SPROUT FIBER INTERNET and the Cullman Electric Cooperative (“CEC”), respectively and must be returned to SPROUT FIBER INTERNET upon cancellation or discontinuation of Service in accordance with paragraph 10 hereof. It is the Subscriber’s responsibility to return the equipment to CEC. A technician will not be sent to retrieve equipment when a Subscriber terminates service. It is the subscriber’s responsibility to provide a forwarding address for final billing purposes. Should the Subscriber fail to return the equipment to CEC within thirty (30) days of cancellation, then the value of the equipment will be added to the Subscriber’s account.
5. TERMINATION BY COOPERATIVE CONNECTION, LLC/SPROUT FIBER INTERNET. Notwithstanding anything else in this Agreement, SPROUT FIBER INTERNET may terminate or decline to provide Service to Subscriber at any time for non-payment or for any other breach of the Terms of Service. Should service be terminated by Sprout Fiber Internet, the Subscriber shall be responsible for returning equipment as provided in paragraphs 4(a) and 4(b) above.
6. COMPLIANCE WITH APPLICABLE LAWS. Subscriber agrees not to use the Service in a way prohibited by the Terms of Service or by local, state, or federal law, including but not limited to trademark, copyright or other intellectual property laws.
7. GRANT OF EASEMENT. As a condition of receiving Service, and without financial compensation, Subscriber grants to SPROUT FIBER INTERNET and CEC (or, at SPROUT FIBER INTERNET’s direction, to a third party) a perpetual commercial communications easement on and through the Service Location to provide data and voice services on transport fiber, distribution fiber and service extension fiber, if applicable, for Service to both the Subscriber and to other subscribers, and to perform necessary maintenance, service upgrades, and periodic right-of-way maintenance. If the electric utility facilities cross the Service Location, these easements will generally, but are not required to, follow those facilities.
8. INSTALLATION PROCESS. SPROUT FIBER INTERNET will use best practices when installing a fiber service drop to the Subscriber’s premises. It shall be the Subscriber’s responsibility to notify SPROUT FIBER INTERNET if a desired route is requested. No one is required to be present for the service drop installation, so prior notification of this step will not be provided unless an issue is encountered. It is also the responsibility of the Subscriber to notify SPROUT FIBER INTERNET if underground equipment (i.e. sprinklers, underground pet fences, etc.) are installed on the Subscriber’s premises.
After the drop service has been installed, a SPROUT FIBER INTERNET representative will contact the Subscriber to schedule the installation, and an authorized adult over 18 years of age will be required to be present for the entirety of the installation process. If the subscriber or an authorized adult over 18 years old is not present at the time of install, the installation appointment will be rescheduled and the account will be charged a fee of $50 ($100 for Commercial Accounts).
Subscribers renting or leasing must have the Landlord or Property Manager’s written permission for installation prior to the service drop construction and the arrival of the SPROUT FIBER INTERNET installer for the installation.
Proper installation may require drilling through interior and/or exterior walls in order to run wire and install outside and interior equipment. To ensure optimal Wi-Fi coverage, additional equipment may be necessary and additional charges will apply. For homes over 3,500 sq ft or that have non-standard configurations or construction, a custom Wi-Fi solution may be required.
9. SERVICE LEVEL GUARANTEES. The Subscriber understands and agrees that SPROUT FIBER INTERNET does not guarantee that any particular amount of bandwidth on the Service will be made available to the Subscriber or that any speed or throughput of the Subscriber’s connection to the Service will be available to the Subscriber. The Service is subject to both scheduled and unscheduled maintenance outages; however, SPROUT FIBER INTERNET will strive to minimize the impact of scheduled maintenance outages. The Subscriber understands that the Service requires electricity at the Service Location and, if an electrical outage occurs, the Service (which may include telephone) will not function.
The Subscriber’s SPROUT FIBER INTERNET is provided by a Gigabit Passive Optical Network (GPON) and Optical Network Terminal (ONT) which is powered by plugging it into an electrical wall outlet. In the event of an electrical outage, the Router/Gateway will not receive power. If this were to happen, the Subscriber’s phone service, including any medical or security alert systems, like E911, will not be available to the Subscriber unless the ONT and phone are powered by an Uninterruptible Power Supply (UPS). If the Subscriber has a medical alert system or security equipment, they are strongly encouraged to utilize and maintain a battery backup. It is the responsibility of the Subscriber to provide, maintain, monitor, and/or replace the battery backup.
10. SPROUT FIBER INTERNET EQUIPMENT AND SOFTWARE. SPROUT FIBER INTERNET’s equipment is designed to be used on the premises in which service is installed. The equipment that SPROUT FIBER INTERNET installs in your home or business is the property of SPROUT FIBER INTERNET and CEC. In the event that the Subscriber relocates, or if the Service is disconnected or terminated for any reason, the Subscriber must return the Router/Gateway and, if applicable, any wireless extender(s) or other equipment to the CEC office. If the units are not returned or are damaged by the subscriber at any point during service, a $100 fee will be assessed to cover the cost of such equipment. The Subscriber assumes the risk of loss, theft, or damage to the equipment at all times prior to the removal of the units by SPROUT FIBER INTERNET or return of the units by the Subscriber.
11. SUBSCRIBER EQUIPMENT. The Subscriber is responsible for maintaining the wiring and all other applicable devices which the Service Location needs to utilize the Service. The Subscriber is responsible for meeting and complying with the minimum computer, device, and system requirements established by SPROUT FIBER INTERNET and contained herein.
If the Subscribers are using their own Sprout approved Wi-Fi router then the Subscriber will be responsible for the Wi-Fi network. SPROUT FIBER INTERNET will only provide support for the ONT and will not provide Wi-Fi technical support in this application. If a SPROUT FIBER INTERNET technician is sent to the Subscriber’s home or business and the problem was caused by the Subscriber’s Wi-Fi equipment, then a $50 fee ($100 for Commercial accounts) will be applied to the Subscriber’s account.
12. RESIDENTIAL RECONNECT FEE: Subscribers shall not be responsible for connection or reconnection fees unless a subscriber disconnects and reconnects a service more than two (2) times in a twelve (12) month period. The third and any other subsequent connection visits by a SPROUT FIBER INTERNET technician will incur a reconnection fee of $50 per visit.
13. TECHNICAL SUPPORT. Subscribers have access to technical support by calling 256-737-3200, option 5, option 3. Onsite technical support is limited to business hours and will be scheduled with the subscriber. Unless otherwise provided by the Terms of Service, SPROUT FIBER INTERNET does not provide technical support or assistance with third party hardware or software.
14. PRIVATE NETWORK. The Subscriber agrees and understands that SPROUT FIBER INTERNET and CEC may utilize the wireless component in the ONT or Router/Gateway in order to extend coverage of a private network for internal or external use independent of the Subscriber’s network or services which will not impede or restrict access to the Subscriber’s services.
15. LIMITATION OF LIABILITY. The Subscriber agrees that in the event of a loss of Service due to defective software or equipment provided by SPROUT FIBER INTERNET, Subscriber’s sole remedy shall be receipt of a credit to Subscriber’s account in the amount of one month’s charge for the Service, and to have SPROUT FIBER INTERNET replace or repair any such defective software or equipment provided by SPROUT FIBER INTERNET. Except as expressly stated in the preceding sentence, SPROUT FIBER INTERNET, its officers, operating managers, owners, parent company, employees, affiliates and agents (“SPROUT FIBER INTERNET Parties”) will not be liable for any interruptions in service or the effects therefrom, or liable for any delay or failure to perform, nor for any indirect, incidental, special, punitive or consequential damages that arise out of or relate to this agreement or the Service provided hereunder, including without limitation business interruption, lost profits, computer failure or malfunction, any damages for loss of data resulting from delays, non-deliveries, mis-deliveries or service interruptions. In no event shall the SPROUT FIBER INTERNET Parties have any liability for special, indirect, incidental or consequential damages relating to the equipment or resulting from SPROUT FIBER INTERNET furnishing or failing to furnish any services or equipment to the Subscriber or from any fault, failure, deficiency or defect in services or equipment furnished to the Subscriber.
16. NO WARRANTY. SPROUT FIBER INTERNET DOES NOT WARRANT UNINTERRUPTED USE OF THE SERVICE, NOR DOES IT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, MALWARE, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE, DENIAL OF SERVICE ATTACKS OR OTHER HARMFUL COMPONENTS. SPROUT FIBER INTERNET DOES NOT WARRANT THAT ANY DATA OR FILES THE SUBSCRIBER SENDS OR RECEIVES VIA THE SERVICE WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE TIME, OR FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO THE SUBSCRIBER’S INFORMATION. THE SERVICE AND SPROUT FIBER INTERNET EQUIPMENT ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, FOR THE SERVICE, EQUIPMENT, AND SOFTWARE SPROUT FIBER INTERNET PROVIDES, AND SPROUT FIBER INTERNET EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SPROUT FIBER INTERNET EQUIPMENT, SOFTWARE OR ANY SERVICE FURNISHED TO THE SUBSCRIBER, ALL OF WHICH WARRANTIES ARE EXPRESSLY EXCLUDED.
17. INDEMNITY. The Subscriber shall defend, indemnify, and hold harmless SPROUT FIBER INTERNET and CEC, along with their directors, officers, employees, affiliates and agents, from and against any third party claims, damages, losses, attorney’s fees, and expenses relating to or arising from the Subscriber’s breach of the Terms of Service.
18. SUCCESSORS AND ASSIGNS. SPROUT FIBER INTERNET’s rights and obligations under this Agreement shall accrue to and inure to the benefit of SPROUT FIBER INTERNET’s corporate parent, affiliates, successors and assigns. The Subscriber may not sell, transfer, or assign this Agreement to a third party without SPROUT FIBER INTERNET’s prior written consent.
19. JURISDICTION. The Subscriber agrees that exclusive jurisdiction for any claim or dispute with SPROUT FIBER INTERNET or CEC relating to this Agreement or any other Terms of Service shall be in the courts of Alabama and that this Agreement shall be governed by Alabama law. If legal action is necessary to enforce or interpret the terms of this Agreement or compel performance thereof, the substantially prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.
20. CONSENT TO COMMUNICATIONS. The Subscriber consents to receive communications from SPROUT FIBER INTERNET relating to the Service by any commercially reasonable method, including regular U.S. mail, email, text messages, and phone calls. The Subscriber may opt-out of any non-emergency or non-billing communications by contacting the SPROUT FIBER INTERNET office.
21. SECURITY. The Subscriber agrees that using the Service presents certain security risks that may enable other Internet users to gain access to or use of Subscriber’s equipment or information. The Subscriber is solely responsible for taking all appropriate security measures when using the Service, and agrees that neither SPROUT FIBER INTERNET nor CEC, nor their officers, employees, affiliates or agents, shall be responsible for security or information breaches. The Subscriber agrees that SPROUT FIBER INTERNET may block traffic to and from any source, including, without limitation, the deletion of any electronic mail, as it deems necessary to secure its network and/or eliminate spam.
22. AMENDMENT OF TERMS OF SERVICE. SPROUT FIBER INTERNET reserves the right to modify the Terms of Service at any time by posting changes online at www.cullmanec.com/legal-information. The Subscriber’s continued use of the Service following online notice of such modification shall be deemed to be the Subscriber’s acceptance of any such modification. If the Subscriber does not agree to any modification of the Terms of Service, the Subscriber must immediately cease using the Service and notify SPROUT FIBER INTERNET that the Subscriber is terminating the Service.
23. ENTIRE AGREEMENT. The Terms of Service are the only terms and conditions that govern the Service. No undertaking, representation or warranty made by any agent or representative of SPROUT FIBER INTERNET or CEC in connection with the sale, installation, maintenance or removal of the Service shall modify or amend the Terms of Service.
24. COVID-19 WAIVER. WHEREAS, Customer desires to have internet services installed in his/her/their/its home or business (the “Installation”) provided by Cullman Electric Cooperative, an Alabama electric cooperative, Corporate Connections, LLC, an Alabama limited liability company d/b/a Sprout Fiber Internet and other third party independent contractors working with Cooperative Connections (collectively the “Installers”).
WHEREAS, Customer is aware of and acknowledges that there exists a current worldwide pandemic caused by the COVID-19 virus and that the Centers for Disease Control have issued recommendations and guidelines relative to said COVID-19 virus, including guidelines regarding individuals coming into contact with each other. Customer understands the risks inherent in having Installers complete the Installation in Customer’s home or business, including, but not limited to the risk of contact between Customer and Installers, and nevertheless desires to have Installers complete such Installation.
NOW THEREFORE, in exchange for the Installers agreeing to perform the Installation, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Customer hereby covenants and agrees as follows.
CUSTOMER IS AWARE AND UNDERSTANDS THAT THE INSTALLATION MAY INVOLVE EMPLOYEES, AGENTS, CONTRACTORS AND/OR TECHNICIANS OF INSTALLERS ENTERING INTO CUSTOMER’S DWELLING OR PLACE OF BUSINESS AND COMING INTO CONTACT WITH CUSTOMER OR OTHERS PERSONS THEREIN. CUSTOMER IS AWARE AND UNDERSTANDS THAT THE INSTALLATION MAY INVOLVE THE RISK OF EXPOSURE OF CUSTOMER AND OTHER PERSONS AT CUSTOMER’S DWELLING OR BUSINESS TO THE COVID-19 VIRUS, AND THAT SUCH EXPOSURE MAY RESULT IN SERIOUS INJURY AND/OR DEATH. HAVING KNOWLEDGE OF THE POTENTIAL RISKS INVOLVED, CUSTOMER VOLUNTARILY REQUESTS THAT THE INSTALLERS PROCEED WITH THE INSTALLATION AND CUSTOMER HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, ILLNESS, OR DEATH RELATED TO CONTRACTION OF THE COVID-19 VIRUS, AND TO HOLD INSTALLERS HARMLESS FROM THE SAME, WHETHER CAUSED BY THE NEGLIGENCE OF THE INSTALLERS OR OTHERWISE.
Customer hereby expressly waives and releases any and all claims, now known or hereafter known, against each of the Installers, and their officers, directors, employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees”), on account of injury, illness, death, or property damage arising out of, related to, incident to or attributable to the Installation or coming into contact with the Installers or Releasees, whether arising out of the negligence of the Installers or any Releasees or otherwise. Customer covenants forever not to make or bring any claim, demand, action, cause of action or suit of any kind or nature against any of the Installers or any other Releasee, arising out of, related to or incident to the Installation or coming into contact with the Installers or Releasees, and forever releases and discharges each of the Installers and all other Releasees from liability under such claims. Customer acknowledges and agrees that Installers would not perform the Installation without Customer executing this Agreement, and that Customer has not been pressured to enter into this Agreement. Customer shall defend, indemnify, and hold harmless each of the Installers and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, arising out or resulting from any claim of a third party related to the Installation.
This Agreement constitutes the sole and entire agreement of the Customer with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is determined to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement. This Agreement is binding on and shall inure to the benefit of the Installers and Customer and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Agreement may be brought only in the state courts located in Cullman, Lawrence, Morgan, and Winston County, Alabama and Customer hereby consents to the exclusive jurisdiction of such courts.
The Service Agreement may be electronically signed by the Subscriber by checking a box on the SPROUT FIBER INTERNET registration website or by signing the commercial service contract.
Cullman Electric Cooperative collects nonpublic personal information from its members in the following ways:
1. Information that Cullman Electric receives from member applications for electric service or from credit applications or other information received from members.
2. Information that is compiled in the ordinary course of business such as usage and payment histories for member accounts.
3. Information Cullman Electric receives from third parties such as consumer reporting agencies.
Nonpublic personal information may include credit scores, social security numbers, usage or payment histories, bank account or credit card information or other private financial information. Cullman Electric does not disclose nonpublic personal information to non-affiliated third parties, except as required by law or in providing services to the members. Third parties who have access to nonpublic personal information typically provide services to Cullman Electric and its members and are restricted in the use of any information they may receive by confidentiality agreements. Cullman Electric may disclose nonpublic personal information to third parties such as credit bureaus or credit reporting agencies in the ordinary course of business such as in the collection of past due accounts.
Cullman Electric does not sell nonpublic personal information or share such information with third parties for profit. Information is only shared with trusted vendors and other service providers to provide efficient services to the members of Cullman Electric Cooperative and their families. Cullman Electric maintains safeguards to prevent the disclosure of nonpublic personal information to unauthorized third parties and monitors the information collected to make sure that no security breaches have occurred. Cullman Electric reserves the right to change privacy policies and disclosures. Any material changes in policy will be communicated to the members in the form of a revised privacy notice.
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.
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's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint 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 (866) 632-9992. Submit your completed form or letter to USDA by: (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: email@example.com. USDA is an equal opportunity provider, employer, and lender.
Cullman Electric Cooperative has created a Limited English Proficiency (LEP) Plan, to address the responsibilities as they relate to the needs of individuals with LEP. The plan has been prepared in accordance with Title VI of the Civil Rights Act of 1964, U.S.C. 2000d, et seq., and Executive Order 13166 and its implementing regulations, which state that no person shall be subjected to discrimination on the basis of race, color or national origin. Questions or comments should be submitted to: Cullman Electric Cooperative, Attn: Risk Management, PO Box 1168, Cullman, AL, 35056, or by contacting Cullman Electric Cooperative at 256-737-3200.
What information does the Application obtain and how is it used?
User Provided Information
The Application obtains the information you provide when you download and register the Application. Registration with us is optional. However, please keep in mind that you may not be able to use some of the features offered by the Application unless you register with us.
When you register with us and use the Application, you generally provide (a) your name, email address, age, user name, password and other registration information; (b) transaction-related information, such as when you make payments or download or use applications from us; (c) information you provide us when you contact us for help; (d) credit card, e-check information for payments and use of the Application, and; (e) information you enter into our system when using the Application, such as contact information.
Automatically Collected Information
In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.
Does the Application collect precise real time location information of the device?
When you visit the mobile application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within and display a location map with relevant advertisements. We will not share your current location with other users or partners.
If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application.
What are my opt-out rights?
You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
Data Retention Policy, Managing Your Information
We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you'd like us to delete User Provided Data that you have provided via the Application, please contact us at firstname.lastname@example.org and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.
We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at email@example.com. We will delete such information from our files within a reasonable time.
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at firstname.lastname@example.org.
Backup Power for Home Phone Services during Power Outages
For many years, your home phone would allow you to stay connected to emergency voice services during a power outage. However, many of today’s advanced home phone services require backup battery power to continue functioning during an outage. To avoid a disruption of home voice service during an outage – and to maintain the ability to connect to 911 emergency services -- we at Cooperative Connections, LLC offer you the option of purchasing backup power for your home phones.
What Your Battery Can – and Can’t – Do for You
Cooperative Connections, LLC backup batteries for telephone modems allow you to continue to use your home voice services during a power outage. Without a backup battery or alternate backup source such as a generator, customers will not be able to make any calls, including emergency calls to 911. The only way to maintain the ability to use your phone is by using some form of backup power. Our backup battery does not provide power to any services other than voice. Home security systems, medical monitoring devices and other equipment will not run on a home phone backup battery.
Purchase and Replacement Options
If you are concerned about being able to contact 911 emergency services during a power outage, a backup battery may be a good option for you. The battery offered by Cooperative Connections, LLC is approximately 6 pounds and is roughly 6” (H) x 7” (W) x 3” (D). This backup battery can be wall-mounted or sit stationary on your desktop.
Our 24-hour backup batteries cost $200 and can be purchased directly through Cooperative Connections, LLC. Once purchased, a Sprout Fiber Internet technician will come install it in your home for free. If you have any questions or simply want to purchase a backup battery through us, please call 256-737-3200.
Expected Backup Power Duration
Backup batteries are expected to last at least 24 hours on standby power and provide you 24 hours of talk time.
Instructions for Proper Care and Use of Your Battery
Please follow the more detailed instructions included with your battery for proper use, storage and care of your battery to ensure that it will function as needed during a power outage. If you do not store your battery correctly, it may shorten its useful life. Environmental factors such as temperature can shorten your battery’s useful life. We recommend that you store your battery above 22°F and below 110°F. These batteries are rechargeable with the provided power supply that comes standard with your battery backup kit and is part of the total cost. The batteries will not last forever and should be replaced every 5-7 years, or when your device starts to make a loud beeping sound. That sound means that the battery is depleted and must be replaced. See the instructions above for purchase and replacement options.
You should also periodically, as described in the instructions included with your battery, verify both the operation of the backup battery and its condition are working in a normal status as identified by the user’s manual provided with the installation of your battery backup or you can contact the manufacturer of the battery backup, Precision Power, at 270-776-9903 and a member of their team will be happy to help with any questions you may have.
Please read this information regarding 911 very carefully. By activating and paying for the service, you acknowledge and agree to Sprout Fiber Internet 911 emergency dialing service's limitations and understand the distinctions between such service and traditional 911 or E911 calls.
• 911 service does not work if you fail to register or update the 911 service with your current location
• 911 service will not work if there is an electrical or internet service outage due to any cause
• 911 service will not work if your service has been canceled by you or terminated by Sprout Fiber Internet
• You agree to hold Sprout Fiber Internet harmless for any failure in the 911 service
Most Sprout Fiber Internet subscribers in the U.S., including Alaska and Hawaii, have access to basic 911 or Enhanced 911 (E911) service. Enhanced 911 (E911) service is available for all U.S. subscribers who register a valid E911 service address.
With E911 service, when you dial 911, your telephone number and registered address are simultaneously sent to the local emergency center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary. If you live in locations where the emergency center is not equipped to receive your telephone number and address, you have basic 911. With basic 911, the local emergency operator answering the call will not have your call back number or your exact location, so you must be prepared to give them this information. Until you give the operator your phone number and location, he/she may not be able to call you back or dispatch help if the call is not completed or is not forwarded, is dropped or disconnected, or if you are unable to speak.
As additional local emergency centers become capable of receiving our subscribers' telephone number and address information, subscribers will need to register a valid E911 service address to upgrade the service to E911. Sprout Fiber Internet will not inform you that new local emergency centers have been added. If your address is not covered by E911 service, Sprout Fiber Internet advises you to attempt to register your address periodically to determine if a new local emergency center has been added to your area.
Certain subscribers do not have access to either basic 911 or E911 because there are no local emergency centers in their area, or they did not register for an E911 service address. If you do not have access to basic 911 or E911, your 911 call will be sent to the national emergency call center. A trained agent at the emergency call center will ask for the name, telephone number, and location of the subscriber calling 911, then contact the local emergency center for such subscriber to send help.
Emergency personnel do not receive your phone number or physical location when your 911 call is routed to a national emergency call center. Therefore, you must be prepared to give the operator your phone number and location and any other information that the operator might request. You authorize the national emergency call center to disclose your name and address to the third party or parties involved with providing emergency services to you, including, without limitation, call routers, call centers, and local emergency centers.
Notify All Users
Subscribers are responsible for informing any household residents, guests, and other third persons who may be present at the physical location where you utilize the 911 service of the important differences in and limitations of 911 service as compared with traditional 911 landline or cell phone service.
The documentation that accompanies each piece of equipment you may purchase or lease will include a sticker concerning the potential non-availability of basic 911 or E911 (the "911 Sticker"). If you don't purchase or lease equipment from us, we will send you one or more 911 Stickers. It is your responsibility to place the 911 sticker near each phone that you use with the service. If you did not receive a 911 sticker with your equipment, or you need more 911 stickers, please contact us for additional stickers at no cost.
Registration of Physical Location Required
For each primary phone number you use for the service, you must register with Sprout Fiber Internet the physical location to use the service with that phone number. When you move the device to another location, you must register your new location. If you do not register your new location, any 911 calls you make using the 911 service may be sent to an emergency center near your old address. You must register your initial location of use when you subscribe to the service.
After that, you may register a new location by following the instructions from the 911 registration link in your Sprout Fiber Internet Account Portal. For purposes of the 911 service, you may only register one location at a time for each primary phone line you use with the service.
Re-Registration Required if You Change Your Number or Add or Port New Numbers
911 service does not function if you change your phone number or add or port new phone numbers to your account unless you successfully register your location of use for each changed, newly added, or newly ported phone number and receive confirmation from Sprout Fiber Internet.
You acknowledge and understand that the service and 911 service does not function in the event of power failure. Should there be an interruption in the power supply, the service and 911 service will not function until power is restored. A power failure or disruption may require the subscriber to reset or reconfigure the device and other CPE equipment prior to using the service and 911. You also acknowledge and understand that the service and 911 service requires a fully functional broadband connection to the Internet (which is not provided by Sprout Fiber Internet) and that, accordingly, in the event of an outage of, or termination of broadband service with Sprout Fiber Internet, the service and 911 service will not function. If there is an interruption in the power supply and/or an ISP/broadband outage, the service and 911 service will not function until the power supply is restored and/or the ISP/broadband outage fixed. You acknowledge that Sprout Fiber Internet is not responsible for any service outage related to the loss of electrical power, connectivity, suspension or termination of your Sprout Fiber Internet account or any failures resulting from local or national disasters.
Disclaimer of Liability and Indemnification
You acknowledge and understand that Sprout Fiber Internet and its suppliers will not be liable for any service outage and/or inability to dial 911 using the Sprout Fiber Internet Service or to access emergency service personnel due to the characteristics and limitation of the Sprout Fiber Internet Service as set forth in this document. You agree to defend, indemnify, and hold harmless Sprout Fiber Internet and its suppliers, its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to you in connection with the service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, you or any third-party user of the service relating to the failure or outage of the service, including those related to the 911 service.
Sprout Fiber Internet and its suppliers do not control whether or how calls using the 911 service are answered or addressed by any local emergency response center. Sprout Fiber Internet and its suppliers disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. Sprout Fiber Internet and its suppliers rely on third parties to assist us in routing 911 service calls to local emergency response centers and to a national emergency calling center. Sprout Fiber Internet and its suppliers disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither Sprout Fiber Internet and its suppliers, nor its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to you in connection with the service may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to the 911 service unless such claims or causes of action arose from Sprout Fiber Internet and its suppliers' gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless Sprout Fiber Internet and its suppliers, its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to you in connection with the service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the service, including 911 service, incorrectly routed 911 service calls, and/or the inability of any user of the service to be able to use 911 service or access emergency service personnel.
Furthermore, you acknowledge that Sprout Fiber Internet and its suppliers do not offer Lifeline service. If you are not comfortable with the limitations of the 911 service, Sprout Fiber Internet and its suppliers strongly recommend you have an alternative means of accessing emergency service.
The Sprout Fiber Internet ("Company") Acceptable Use Policy ("AUP") governs the use of internet-related services provided by Company. All contractual terms also apply.
This AUP supersedes all previous releases of this document.
In this AUP, "Service(s)" refers to any internet-related service you ("Subscriber") receive from Company or its affiliates, including but not limited to high-speed internet access, dedicated internet access, or managed service. By using any Service, Subscriber agrees to abide by and be bound by the terms and conditions set forth in this AUP. This AUP may be revised or modified by Company at any time. Updates to the AUP are immediately in effect once the changed AUP is posted on the Company website. Continued use of Services by Subscriber following the posting of AUP updates shall constitute acceptance of any changed or additional terms.
II. VIOLATION OF THIS ACCEPTABLE USE POLICY
Violation of this AUP may result in Company taking actions ranging from a warning to a suspension of privileges or termination of Services. Company may but is under no obligation to: (i) provide Subscriber with advance notice of an AUP violation, via email or otherwise, and (ii) request that such violation be immediately corrected prior to taking action. Company reserves the right to act immediately and without notice to suspend or terminate Services. When Company determines, in its sole discretion, that the conduct may:
Expose Company to sanctions, prosecution, or civil action;
Cause harm to or interfere with the integrity or normal operations of Company's Services, networks or facilities;
Interfere with another person's use of Company Services or the Internet;
Damage or disparage the reputation of Company or its Services; or
Otherwise present a risk of harm to Company or Company's Subscribers or their employees, officers, directors, agents, or other representatives.
Company(i) may refer potential violations of laws to the proper authorities, (ii) may cooperate in the investigation of any suspected criminal or civil wrong, and (iii) will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake. Company assumes no obligation to inform Subscriber that your account related information has been provided to law enforcement authorities and, in some cases, may be prohibited by law from providing such notice. Company shall not be liable for any damages of any nature suffered by Subscriber or any other Subscriber, user, or third party resulting in whole or in part from Company exercise of its rights under this AUP.
III. PROHIBITED USES AND ACTIVITIES
General Use Policy
Subscriber is responsible for complying with the AUP. Subscriber is also responsible for the actions of others who may be using the Services under the subscriber’s o account. Subscriber must respond in a timely manner to complaints concerning the use of services. If Company is alerted to or otherwise becomes aware of violations or potential violations of this AUP, Company will take whatever measures it deems necessary and appropriate to stop or prevent those violations.
Abuse of email; Spamming
Mass emailing and "mail-bombing" (sending mass email or deliberately sending excessively large attachments to one recipient) are prohibited. Business-class accounts may have different volume limitations, and usage will be judged by the type of account and the use. Forging email headers (transmission information) is prohibited. Using another computer without authorization, sending email messages, or retransmit email messages for the purpose of misleading recipients as to the origin is prohibited. Use of email to harass or intimidate other users is prohibited.
Violation of the CAN-SPAM Act of 2003 or any state or federal law regulating email is a violation of this AUP. Company reserves the right to seek damages and other available relief against Subscriber and/or any third parties as applicable. For purposes of this AUP, such violations are determined by Company in its sole discretion.
No Resale/Sharing of Services
Subscriber is prohibited from reselling the Service or otherwise making the Service available to third parties (for example, through Wi-Fi or other methods of networking), in whole or in part, directly or indirectly, unless expressly permitted by your Business Services Agreement.
For residential accounts, Subscriber agrees that Services will not be made available to anyone other than your family and household guests. For business accounts, except as provided in an applicable Business Services Agreement, Subscriber agrees that the Service will not be made available to anyone other than your business or your business's authorized employees.
IV. SUBSCRIBER CONDUCT
Facilitating a Violation of this AUP
Subscriber is prohibited from advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate or facilitate a violation of this AUP and/or any law. This includes, but is not limited to, the facilitation of the means to spam, infringe on copyrights, and pirate software.
Illegal Activity; Tortious Conduct
Any use of the Services to violate any local, state, or federal law or regulation also violates this AUP. Prohibited activities include, but are not limited to:
Transmitting any defamatory, libelous, fraudulent, deceptive, indecent, offensive, or obscene materials;
Using the Services to deliver spyware, or secretly or deceptively obtain the personal information of third parties (e.g., phishing);
Intentionally spreading computer viruses;
Exporting software or technical information in violation of U.S. export control laws;
Gaining unauthorized access to private networks;
Engaging in the transmission of pirated software;
Unauthorized copying, distribution, or display of copyrighted material;
Conducting or participating in illegal gambling;
Soliciting for illegal pyramid schemes through email or USENET postings;
Violating rules, regulations, and policies applicable to any network, server, computer database, web site, or ISP that you access through the Services;
Threatening, harassing, abusing, or intimidating others;
Engaging in activity, illegal or not, that Company determines in its sole discretion to be harmful to its Subscribers, operations, or networks;
Making fraudulent offers of products, items, or services; or
Creating or attempting to utilize a domain name that is defamatory, fraudulent, indecent, offensive, deceptive, threatening, abusive, harassing, or which damages the name or reputation of Company.
Third Party Rules
Subscriber may have access through the Services to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, social networking sites, or other services that promulgate rules, guidelines, or agreements to govern their use. Failure to adhere to any such rules, guidelines, or agreements shall be a violation of this AUP. Company reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Company complies with the Online Copyright Infringement Liability Limitation Act of 1998. 17 USC 512 ("Act"). As required by the Act, Sprout Fiber Internet reserves the right to terminate services to Subscribers infringing upon copyrights. If we receive a determination that any Subscriber or account holder has infringed another's copyright through the use of our System or network, we reserve the right to terminate Service to that Subscriber after receiving notice of any further copyright infringement by that Subscriber. Company accommodates and does not interfere with standard technical measures to identify and protect copyrighted works, subject to the limitations of the Act.
V. NETWORK MANAGEMENT
As permitted by law, Company may establish appropriate limitations on bandwidth, data storage, or other aspects of the Service by amending this AUP. Subscribers must comply with all such limitations prescribed by Company.
System or Network Security
It is Subscriber's responsibility to ensure the security of Subscriber's network and the equipment ("System") which connects to the Services. Subscriber is required to take all necessary steps to secure and manage the use of the Services in such a way to assure that network abuse and/or fraudulent activity is prevented. Violations of System or network security may result in criminal and/or civil liability.
Failing to secure the System against abuse or fraudulent activity is a violation of this AUP. Subscriber is responsible for configuring and securing the System and the Services to prevent unauthorized access to the System and/or the Company network and related Services.
Subscriber is responsible for any fraudulent activity that may occur due to failure to secure Subscriber's network and the Services. Subscriber is responsible if unknown third parties utilize the Services at any time for the purpose of illegally distributing licensed software, engaging in abusive behavior, infringing upon copyrights of others, or engaging in any type of fraudulent conduct. Subscriber may not, through action or inaction (e.g., failure to secure Subscriber's network), allow others to use Services for illegal, fraudulent or inappropriate uses, and/or any other disruptive, provoking, or abusive behavior that is in violation of these guidelines.
Responsibility for Content
Subscriber is responsible for any content which is offered or received through the Service.
If applicable, Subscriber's password provides access to your individual account. It is Subscriber's responsibility to keep the password secure. Subscribers are responsible for any and all access to or use of the Services through Subscriber's account. Attempting to obtain another Subscriber's account password is prohibited.
VI. CONTACT INFORMATION
Contact for Reporting Abuse
Any party seeking to report a violation of this AUP may contact us via email at email@example.com.
Contact for Copyright Infringement
Notices and counter-notices related to claimed copyright infringements should be directed to the following designated agent:
Cullman Electric Cooperative/Sprout Fiber Internet
PO Box 1168
Cullman, AL 35056
Due to the substantial volume of notifications of claimed infringement that is received and processed by Company, we are unable to accept notices of alleged copyright infringement via this designated agent, or email address other than notifications of claimed infringement sent pursuant to Sections 512(b)-(d)
Sprout Fiber Internet is committed to providing the best service without restrictions on our subscribers’ interactions on the Internet. Sprout Fiber Internet was established to provide economic and quality-of-life benefits to the communities we serve. Sprout Fiber Internet will not block or limit any lawful content, applications, services, or use of any non-harmful devices. Lawful network traffic is not discriminated against except in extreme circumstances where we need to manage the traffic for the benefit of all customers and ensure that critical services are delivered without interruptions. If you have any questions or concerns, please call our office at 256-737-3200 or email firstname.lastname@example.org.
To view the available services and pricing, visit our website at www.cullmanec.com/sprout.
The Sprout Fiber Internet network has been built from the ground up for high capacity traffic. Advertised speeds are “up to” their respective speed since many factors affect speed on the Internet. They include:
- The number of users who are using a website that you visit and the capabilities of that site
- If using a wireless connection and the wireless signal strength
- The service provider that the website uses, among other factors
- Your computer and the software that is installed
- Viruses and Malware
- The number of connected devices in your home using our service simultaneously
Typically, you can expect our advertised speeds to be consistently delivered as long as the above factors do not limit the connection. The use of your wired telephone should not affect the performance of your Internet connection under normal circumstances. You can check your Internet connection against any of the speed test sites, such as www.speedtest.net, for informational purposes, but please be aware that several factors affect the speed, such as the ones listed above. If you feel your speed is less than expected, please call our office at 256-737-3200 or email email@example.com.