ERWIN UTILITIES - ERWIN FIBER TERMS AND CONDITIONS OF SERVICE

Acceptable Use of Services. By using Erwin Utilities and Erwin Fiber's service, you consent to be bound by the terms of this agreement. 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.
Erwin Utilities (EU) has published acceptable use Terms and Conditions of Service. Customers who knowingly violate these terms may have their use of services revoked or suspended. Copies of these acceptable use Terms and Conditions of Service are available at EU’s office and at www.erwinfiber.com. Customers are encouraged to read and follow these Terms and Conditions of Service, including any updates that may be published on EU’s website. 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 EU’s Terms and Conditions of Service that is available at www.erwinfiber.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 and 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. EU reserves the right to terminate your Service should you, in EU’s sole discretion, commit any of the actions listed above or any other reason. You are responsible for any liability or charges billed by any program provider. EU 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, EU will notify you by phone or in writing. You agree to pay additional charges upon notice from EU.

Assignment. This service agreement is non-assignable without the express written consent of EU - Erwin Fiber.

Billing and Payments. EU will bill all charges, applicable taxes, and fees monthly in advance (except for usage based charges or service charges, which will be billed monthly in arrears). Applicable charges will be set forth in EU’s then-current fee schedule found at www.erwinfiber.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 EU 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. EU 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 EU retains an agency or attorney to collect any amount owed, you will be obligated to pay all of EU’s costs of collection, including attorneys’ fees. If you dispute any charges, you must notify EU within sixty (60) days of the date of your
EU invoice, or any such dispute will be waived. EU does not offer credit for disrupted service. When service is disrupted call EU for support and EU will make every effort to restore your service in a reasonable amount of time.

Changes to Service Terms and Conditions of Service. 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 and Conditions related to the Service. We will provide you notice of changes to the Service and to these Terms and Conditions of Service consistent with applicable law. We may also post notice of such changes at www.erwinfiber.com, and we may send notice to you to the email address on EU’s account records for you. Because we may from time to time notify you about important information concerning the Terms and Conditions of Service, you agree to regularly check your postal mail, email and all postings on www.erwinfiber.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 and Conditions of Service unacceptable, you may cancel the Service. If you continue to receive the Service, we will consider you to have accepted these changes and accept these terms of service.

Copyright. Any firmware or software used to provide the Service and all Services, information, documents and materials provided by EU 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 EU are and shall remain the exclusive property of EU, and nothing in these Terms and Conditions Service shall grant you the right or license to use any of such marks.

Credit Policy. EU reserves the right to review your previous billing history with EU or access your credit history through a credit reporting agency. EU may deny or disconnect service with you in the event your credit does not meet a certain threshold.

Equipment. All equipment issued to you by EU shall remain the property of EU at all times with the exception of equipment sold to you by EU. Any equipment sold to you by EU is your equipment and EU does not offer any warranty on such equipment. You agree to be
responsible for any loss, theft or damage of EU Fiber Optics’ Equipment. EU will bill you for any unreturned equipment 3 business days after your service has been terminated. If equipment is lost or damaged, please contact your insurance company to file a claim. EU 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 EU or its agents to send software to your equipment and to configure your equipment when necessary to provide Services, even if doing so disrupts
service, changes, adds or removes features or functionality of any such equipment. EU will not be responsible for any damage to your equipment arising from such activities. 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, EU must have your correct service address. EU Voice 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)743-1820 to provide EU with notice. EU will require several business days to update your service address in the 911 system.

Force Majeure. EU 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 EU’s reasonable control.

Governing Law. These Terms and Conditions of Service and the relationship between you and EU shall be governed by the laws of the State of Tennessee.

Indemnity. You agree to indemnify and hold harmless EU 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 and Conditions of Service. Where you are obligated to indemnify or hold EU harmless anywhere in these Terms and Conditions of Service, those obligations run not only to EU but also to its employees, representatives, affiliates, agents, officers and directors.

Installation and Access. As the customer, you agree to allow EU 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 EU 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 EU 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 EU 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 EU HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. WITHOUT LIMITATION OF THE FOREGOING, EU 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 EU 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 EU 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 and Conditions of Service and any other documents incorporated by reference constitute the entire agreement and understanding between you and EU with respect to EU’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 EU fails to insist upon or enforce strict
performance of any provision of these Terms and Conditions of Service, 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 of Service.
No Warranties. EU 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 fail-safe 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, EU does not warrant that the service will be without failure, delay, interruption, error, degradation of quality, or loss of content, data or information. Neither EU nor its officers, directors, employees, contractors or any other service provider who furnishes services or products to customer in connection with these Terms and Conditions of 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 EU, its contractors or service providers. Statements and descriptions concerning the Service or Equipment, if any, by EU or by EU’s authorized representatives are informational and are not given as a warranty of any kind.

Service Termination or Changes. As with all our utility services, a call to our office will take care of your needs. Please call (423)743-1820 should you decide to alter your services, move or make any other changes. EU and the customer have the right to terminate the service at any time for any reason. EU will no longer bill for the service once they been terminated.

Survival. Certain obligations under these Terms and Conditions of Service 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 and Conditions of Service shall in no way affect the survival of such obligations.

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. Customer owns all wiring beyond the demarcation point at customer premise. The demarcation point is defined as the network interface device (NID) where EU’s drop fiber transitions to indoor fiber/wiring. Any damage to wiring/fiber inside the customers home is the customers responsibility. If the wiring/fiber is damaged and requires EU to come onsite to repair a service charge may be imposed.

On-site Charges. EU may bill the customer any time a technician is sent to the customers premise with or without written consent. These charges may vary depending on the day of the week and time of day. Applicable charges will be set forth in EU’s then-current fee schedule found at www.erwinfiber.com. EU will not send a technician onsite between 9:00PM and 7:00AM.

Internet Speed. EU makes no guarantee of speed customer is subscribed to. Speedtest’s done over the internet or to EU’s speedtest site that do not meet the subscribed speed in no way constitute a credit to the customer’s account. All speeds subscribed to are maximum speed achievable, actual speeds may vary.

Round Up program. Erwin Utilities utilizes an opt-out Round Up program to round the customer's monthly bill to the next whole dollar in compliance with the applicable laws and regulations of the State of Tennessee. Customers may opt out of the Round Up program at any time by notifying our Customer Service office in person or by phone or email. Customer acknowledges that Erwin Utilities may contact customer by means provided to Erwin Utilities by the customer including mail, telephone, and email.

911 DISCLAIMER. PLEASE READ THIS INFORMATION REGARDING 911 VERY CAREFULLY. BY ACTIVATING AND PAYING FOR THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LIMITATIONS OF ERWIN FIBER 911 EMERGENCY DIALING SERVICE, AND UNDERSTAND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 or E911 CALLS.
• 911 SERVICE WILL NOT WORK IF THERE IS AN ELECTRICAL OR INTERNET SERVICE OUTAGE DUE TO ANY CAUSE AND IF BACKUP POWER IS UNAVAILABLE FOR ANY REASON.
• 911 SERVICE WILL NOT WORK IF YOUR SERVICE HAS BEEN CANCELLED BY YOU OR TERMINATED BY ERWIN FIBER
• YOU INDEMNIFY ERWIN FIBER FOR ANY FAILURE IN THE 911 SERVICE
With E911 service, when you dial 911, your telephone number and registered address is 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 customers' telephone number and address information, customers will need to register a valid 911 service address to upgrade the service to E911. ERWIN FIBER will not inform you that new local emergency centers have been added. If your address is not covered
by E911 service, ERWIN FIBER advises you to attempt to register your address periodically to determine if a new local emergency center has been added to your area.
Certain customers 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 customer calling 911, and then contact the local emergency center for such customer in order to send help.
In the event that a location is not setup for E911 service an emergency call will be routed to a National Emergency call center. 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 or 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 land line or cell phone service.
Service Outages
You acknowledge and understand that the Service and 911 Service do not function in the event of power failure. ERWIN FIBER has battery backup which provides power to its technical headend equipment and equipment in the network plant, which may not be sufficient to power individual customer premise equipment at the subscriber location for a prolonged period. ERWIN FIBER offers an optional battery backup equipment, capable of delivering up to eight (8) hours or twenty-four (24) hours of backup power, which can be purchased for an additional price. Consult ERWIN FIBER for pricing and to arrange receipt of this equipment. As with any electronic equipment, it is recommended that they be stored in a clean and dry environment. For additional information, see Appendix A below.
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 Customer to reset or reconfigure the Device and other CPE equipment prior to using
the Service and 911 Service. You acknowledge that ERWIN FIBER is not responsible for any service outage related to the loss of electrical power, connectivity, suspension or termination of your ERWIN FIBER Services/Account or any failures resulting from local or national disasters.
Disclaimer of Liability and Indemnification
You acknowledge and understand that ERWIN FIBER will not be liable for any Service outage and/or inability to dial 911 using the ERWIN FIBER Service or to access emergency service personnel due to the characteristics and limitation of the ERWIN FIBER Service as set forth in this document. You agree to defend, indemnify, and hold harmless ERWIN FIBER, 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.
In addition, ERWIN FIBER does not have any control over whether, or the manner in which, calls using the 911 SERVICE are answered or addressed by any local emergency response center. ERWIN FIBER disclaims all responsibility for the conduct of local emergency response centers and the national emergency calling center. ERWIN FIBER relies on third parties to assist us in routing 911 SERVICE calls to local emergency response centers and to a national emergency calling center. ERWIN FIBER disclaims 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 ERWIN FIBER 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 ERWIN FIBER gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless ERWIN FIBER, its
officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection 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 ERWIN FIBER does not offer Lifeline service, and that if you are not comfortable with the limitations of the 911 SERVICE, ERWIN FIBER strongly recommends that you always have an alternative means of accessing emergency service.
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 41°F and below 104°F. These batteries are rechargeable; however, they will not last forever and should be replaced every 2 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, remove and test your battery to verify both the operation of the backup battery and its condition. Erwin Utilities will provide battery maintenance on any UPS purchased through Erwin Utilities at the current service call rate. Please call Erwin Fiber to schedule fiber maintenance. Erwin Fiber does not remotely monitor battery health.

Appendix A
Backup Power for Home or Business Phone Services during Power Outages For many years, your home or business phone would allow you to stay connected to emergency voice services during a power outage. However, many of today’s advance phones services require battery backup power to continue functioning during an outage. To avoid disruption of home or business phone service during an outage- and to maintain the ability to connect to 911 emergency services – we at ERWIN FIBER offer you the option of purchasing backup power for your phones.
What Your Battery Can – and Can’t – Do for You
Without a backup battery or alternate backup source such as a generator or UPS, 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 or alternate backup source such as a generator. 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 battery backup.
Purchase and Replacement Options
If you are concerned about being able to contact 911 emergency services during a power outage, a backup batter may be a good option for you. ERWIN FIBER offers 2 battery backup solutions, which can provide up to eight (8) hours or twenty-four (24) hours of backup power.
• Eight (8) Hour BBU - $91.00
• Twenty-four (24) Hour BBU - $241.00
If ERWIN FIBER provides the backup battery You can purchase the backup battery through ERWIN FIBER. If you have any questions or simply want to purchase a backup battery unit through us, please call 423-743-1820.
If a third party provides the backup batteries
You can also purchase a backup battery or backup power source through many retail outlets or online.
A UPS must comply with the following specifications to be usable by the gateway:
• The UPS must be rated to deliver 120 VAC
• The UPS must operate at 60hz
• The UPS must have one or more NEMA 5-15R connectors on the battery backup
• The UPS must be installed to manufactures guidelines
• The UPS must be adequately and properly grounded to prevent damage to equipment
• NOTE: You should check to make sure the input receptacle for the UPS you purchase will fit your outlet. MOST but not all home outlets will accept NEMA 5-15 connectors.
The typical load of an ONT is approximately 0.144 kWh. Listed below are suggested UPS systems based on approximate runtime:
• 8 hours
o APC Smart-UPS XL 1000VA USB & Serial 120V+
(1)SUA24XLBP Battery Unit
o 7x daisy chained Eaton 5S1500LCD
• 24 hours
o APC Smart-UPS XL 1000VA USB & Serial 120V+
(3)SUA24XLBP Battery Unit
o 21x daisy chained Eaton 5S1500LCD
The UPS can be acquired from familiar retail outlets such as Amazon, Best Buy, or other computer hardware stores. It is recommended that contact be made with your store of choice before making the trip as they may not regularly stock some of these items. Prices will vary from retailer to retailer. Approximate costs for the alternatives identified above begin at $1,050.
Please contact ERWIN FIBER at 423-743-1820 if you have any questions on this topic.

IN CONSIDERATION of Erwin Utilities Authority agreeing to perform services and/or provide equipment and/or install temporary shelters, including but not limited to tents and canopies and all parts necessary to secure the same.

I/We do hereby release and forever discharge Erwin Utilities Authority from any and all actions, causes of actions, claims for damages and demands including but not limited to negligence claims, upon or by reason of any damage, loss or injury, which may occur to any of my/our property, and to indemnify Erwin Utilities Authority against any and all liability and claims for damages caused during the performance of any services, provision of equipment, and/or installation, to property which I/we do not own, including but not limited to pipes, mineral deposits, roots, wires, cables, cesspools, septic systems, water collection and/or dispersion systems, wells, sprinkler systems, oil tanks, gas tanks, and retaining structures, which are located partially or fully underground. I/We fully understand and comprehend that it is my/our responsibility to ensure that no underground property that I/we own, rent, lease, possess or otherwise control, is located where said property might be damaged by activities necessary for the provision of the services I/we have contracted for.

This waiver extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability, and the consequences thereof, as well as those now disclosed and known to exist. The provisions of any State, Federal, Local or Territorial law or statute providing in substance that releases shall not extend to claims, demands, injuries or damages which are unknown or unsuspected to exist at the time, to the person executing such release, are hereby expressly waived.

It is Further Agreed And Understood that the goods and/or services provided Erwin Utilities Authority constitute due and sufficient consideration for this Waiver and that the price negotiated for the provision of said goods and/or services reflect the waivers and agreements contained herein.

Acceptable Use Policy
This Acceptable Use Policy applies to communications services ("Services”) delivered by Erwin Utilities, a Board of the Town of Erwin, Tennessee ("EU"). 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. By using Erwin Utilities and Erwin Fiber's service, you consent to be bound by the terms of this policy.
General Conduct
EU’s network and the Services may be used only for lawful purposes. EU 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 EU.
Internet Services
For Business and Residential internet customers, EU 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, EU will notify you by phone or in writing. You agree to change products or pay additional usage charges upon notice from EU. Commercial and wholesale customers may choose either Business
or Professional Internet depending upon customer needs, which will be assessed with an EU sales representative.
Residential Internet
• Designed to allow low cost access to the internet
• Best Effort Service (no Service Level Agreement)
• Maintenance and upgrades performed as needed
o Typically, maintenance will be performed between 2:00am to 6:00am, but may be at other times depending on need
o Advance notification of planned upgrades and maintenance is not required
• Limitations on Use
o Resale
o Web Hosting
o Wi-Fi supplied by EU
o Customer may use their own router with no restriction. EU will not offer any technical support on non EU owned equipment
o Outbound ports blocked by default. Upgrade to Business internet is required for a public IP address
Business 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
o Typically, maintenance will be performed between 2:00am to 6:00am, but may be at other times depending on need
o Advance notification of planned upgrades and maintenance is not required
• Limitations on Use
o Resale
o Web Hosting
o Wi-Fi supplied by EU
o Customer may use their own router with no restriction. EU will not offer any technical support on non EU owned equipment
o Outbound ports blocked by default but a public IP can be provided if requested
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
• Emergency EU Site/Service Usage (Up to 1 month)
User Responsibility for Content
EU 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 EU. Users are and shall remain solely responsible for such electronic information.
EU and customer supplied Router, WIFI access point, or other equipment Services may include a managed WIFI access point or router. The supplied equipment is not intended to be tampered with or modified. The installation technician will set-up equipment to the current installation standards at the time of the initial install. Modifications of settings of EU supplied equipment may be disabled or limited based on the type of equipment used. Users may supply their own router or network equipment for additional functionality, however EU will not support or help trouble shoot user supplied equipment. User supplied equipment must satisfy all acceptable usage policies and terms of service. If EU does troubleshoot, install, modify, or spend any time on User networking equipment the user will be subject to a service fee. EU takes no responsibility for any of User supplied equipment of any kind. If EU personnel work on user equipment EU is not liable in any failure, interruption, damage, or diminution of user equipment even if EU personnel worked on said equipment. WIFI coverage will vary from location to location and is dependent on multiple factors. EU makes no guarantees or warranties, express or implied, of WIFI coverage. WIFI coverage is supplied on an as-is basis. If additional WIFI coverage is requested EU can supply additional access points or routers at the current rates. Each additional access point or router supplied by EU will be result in additional charges. Users may supply their own router or network equipment for additional functionality; however EU will not support or help trouble shoot user supplied equipment.
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 EU'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 e -mail box exclusively as a storage space for data. EU 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, EU 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 EU websites has infringed your copyrighted material or that EU 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. EU is providing this information to you and your Users for informational purposes only.
Rejection/Removal
EU reserves the right to reject or remove any material residing on or transmitted to or through the Services that EU, in its sole discretion, believes to be unacceptable or in violation of the law, this AUP, and/or the Terms and Conditions. EU may immediately remove content if EU 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 EU's request, Users shall terminate service to any third party user or
agent who, in EU's sole discretion, has violated the AUP, Terms and Conditions, or applicable law or regulations.
System and Network Security
Users are prohibited from violating or attempting to violate the security of EU, 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. EU may investigate occurrences that may involve such violations, and EU may involve and cooperate with law enforcement authorities in prosecuting Users who are alleged to be involved in such violations.
Illegal Streaming Services
EU does not condone the use of illegal streaming services. The use of these services may result in immediate termination of service. EU takes no responsibility for the quality of these services. If a user decides to use one of these services they do so at their own risk. The devices playing these services may contain malware. These services have been deemed illegal by The Digital Millennium Copyright Act (DMCA) a 1998 United States copyright law. These service include but are not limited to KODI addons such as (Exodus, Alluc, SALTS, SportsDevil, Pro Sports), other illegal paid IPTV services like Vader streams or Tri Streams.
Suspension or Termination
Any User which EU 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 EU's discretion to a temporary suspension of service pending such User's agreement in writing to refrain from any further violations; provided that EU may immediately uspend or terminate such User's service without issuing such a warning if EU, in its sole discretion deems such action necessary. If EU 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 EU may take such further action as EU determines to be appropriate under the circumstances to eliminate or preclude such violation. EU 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 EU's exercise of its rights under this Policy.
Service Monitoring
EU has no obligation to monitor the services, but may do so and disclose information regarding the use of the services for any reason if EU, 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 EU with name, address, telephone number, e- mail address, domain name or URL or any other personally identifiable information permits EU 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 EU shall be kept in accordance with EU’s then- applicable Privacy Policy and the requirements of applicable law.
Modification
EU 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 EU 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.
Robocalls
Erwin Utilities’ Robocall Mitigation Plan requires the Company to comply with Federal law and regulations. Users of our services will be required to timely cooperate with any investigations, including Call Trace Back investigations, into suspected illegal uses of EU services. We will specifically prohibit the following activities which may be complicit in illegal calling schemes:
- continuous or extensive chat line or conference call participation,
- use of free conference calling or similar services that EU in its sole discretion deems to participate in traffic stimulation practices or schemes that result in excessive charges;
- use of an open telephone line as a monitoring, intercom or similar service;
- repetitive and/or continuous messaging or calling to the same destination or number if such activity could reasonably be expected to or in fact does provoke complaints;
- long duration calls (defined as calls to the same number in excess of four continuous or cumulative hours within a 24 hour period) and/or calls placed to specific numbers / destinations for the purpose of generating charges or fees for or with a third party;
- use of call Services which do not consist of uninterrupted live human voice dialog by and between natural human beings;
- restricting or inhibiting any other User or any other person from using and enjoying the Services and/or the Internet;
- engaging in any of the foregoing activities by using the services of another provider or third party and channeling such activities through an account provided by EU, or otherwise involving the Services or any EU account in any way with or without another provider or third party for the purpose of facilitating the foregoing activities; or
- utilizing robocalling, autodialing, predictive-dialing or other software or technologies for illegal means.

By selecting the "I Accept" button, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual/handwritten signature on this Agreement. By selecting "I Accept" using any device, means or action, you consent to the legally binding terms and conditions of this Agreement. You further agree that your signature on this document (hereafter referred to as your "E-Signature") is as valid as if you signed the document in writing. You also agree that no certification authority or other third-party verification is necessary to validate your E-Signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Erwin Utilities. You also represent that you are authorized to enter into this Agreement for all persons who own or are authorized to access any of your accounts and that such persons will be bound by the terms of this Agreement. You further agree that each use of your E-Signature in obtaining an account with Erwin Utilities constitutes your agreement to be bound by the terms and conditions of Erwin Utilities' Terms of Service and Privacy Policy as they exist on the date of your E-Signature.