This Residential Service Agreement (“Agreement”) describes certain terms under which Cooperative Connections, LLC (dba “Sprout Fiber Internet”) will provide fiber optic broadband services (the “Service”) to subscribers. By accepting service from Cooperative Connections, 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 signing 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 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 one data connection, one phone line (if applicable), and WiFi extenders (if applicable).
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. Installation fee (if applicable) is due upon scheduling of the install. The first bill will include the upcoming month’s service plus the prorated amount for the bill for the month of install. 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 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.
4. TERM OF AGREEMENT AND TERMINATION BY 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.
5. TERMINATION BY COOPERATIVE CONNECTIONS, 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.
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, an SPROUT FIBER INTERNET representative will contact the Subscriber to schedule the in-home installation, and an adult over 18 years of age will be required to be present for the entirety of the installation process. 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 in-home installation. Proper installation may require drilling through interior and/or exterior walls in order to run wire and installing outside and interior equipment.
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 back-up. It is the responsibility of the Subscriber to provide, maintain, monitor, and/or replace the battery back-up.
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 SPROUT FIBER INTERNET office. If the units are not returned, 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.
12. TECHNICAL SUPPORT. Unless otherwise provided by the Terms of Service, SPROUT FIBER INTERNET does not provide technical support or assistance with third-party hardware or software.
13. 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.
14. 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.
15. 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, MAL-WARE, 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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. 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.
22. 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.
23. 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 Residential Services Agreement may be electronically signed by the Subscriber by checking a box at on the SPROUT FIBER INTERNET registration website.
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.