Legal Information

In this section you’ll find information outlining our commitment to our customers and governmental agencies. Please contact us for more information.

Nondiscrimination Statement

This institution is an equal opportunity provider and employer.

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

March 2018

Acceptable Use Policy

Acceptable Use Policy This Acceptable Use Policy applies to communications services ("Services”) delivered by SVEConnect, a subsidiary of Sequachee Valley Electric Cooperative, ("SVEC"). This policy is designed to encourage our customers and others ("Users") to use the Services responsibly and to enable us to provide our Users with secure, reliable and productive Services. General Conduct SVECONNECT’s network and the Services may be used only for lawful purposes. SVECONNECT is not responsible for the content of any websites linked to or accessible by the Services; links are provided as Internet navigation tools only. Users may not use the network or Services in order to transmit, distribute or store material (a) in violation of any applicable law, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, (c) that is obscene, threatening, abusive or otherwise illegal, in violation of local, state, federal, or international law or regulation, or that contains a virus, worm, Trojan horse, or other harmful component; (d) that contains spam or other bulk email; or (e) that in SVEConnect’s sole discretion contains fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive or misleading statements, claims or representations. Users are also subject to the acceptable use policies, as amended from time to time, of any third party provider of Services to SVECONNECT. Internet Services For SMB and Residential Internet customers, SVECONNECT reserves the right in its sole discretion to enforce bandwidth allotments if a customer’s usage exceeds ten (10) times the average usage for the customer’s specific customer classification. If you have exceeded the appropriate level of Internet usage in any given month, SVECONNECT will notify you by phone or in writing. You agree to change products or pay additional usage charges upon notice from SVECONNECT. Commercial and wholesale customers may choose either SMB or Professional Internet depending upon customer needs, which will be assessed with an SVECONNECT sales representative. SMB Internet

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

Professional Internet

Designed as a product for 24/7 use with revenue and/or production impacts when down
Premium Service
Priority Support and Dedicated Customer Support Resources
Escalation Path and Contact Information
Static IP Address Included
7 Day advance notice provided prior to planned maintenance or upgrades
24/7 On-site Support

User Responsibility for Content SVECONNECT does not assume any responsibility, control, oversight, ownership, or other interest in the e-mail messages, websites, content or other electronic data (in any form) of its Users, whether or not such electronic information is stored in, contained on or transmitted over property, equipment or facilities of SVECONNECT. Users are and shall remain solely responsible for such electronic information. E-Mail Users may not send unsolicited e-mail messages including, without limitation, bulk commercial advertising or informational announcements ("spam") in a way that could be reasonably expected to adversely impact the Services, including, without limitation, using an e-mail account on SVECONNECT's Network to send spam, or using the service of another provider to send spam or to promote a site hosted on or connected to the Services. In addition, Users may not use the Services in order to (a) send e-mail messages which are excessive and/or intended to harass others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged packet header information, (d) send malicious e-mail, including, without limitation, "mail bombing," (e) send e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an email box exclusively as a storage space for data.

SVECONNECT reserves the right in its sole discretion to enforce email storage caps depending upon your level of usage and the level of Services(s) purchased. If you have exceeded the appropriate level of email storage, SVECONNECT will notify you by phone or in writing, and you agree to immediately reduce the amount of email storage or to enforce storage caps. Forum Posts and Blogs Users who post messages to internet forums or who blog are responsible for becoming familiar and complying with any terms and conditions or other requirements governing use of such forums or blogs. Regardless of such policies, Users may not (a) post the same message, or a series of similar messages, to one or more forum or newsgroup (excessive cross-posting, multiple-posting, or spamming), (b) cancel or supersede posts not originally posted by such User, unless such User does so in the course of his/her duties as an official moderator, (c) post any message with forged packet header information, or (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters. Notice and Procedure for Making Copyright Infringement Claims If you believe that any material on the SVECONNECT websites has infringed your copyrighted material or that SVECONNECT is the hosting service provider and should be notified of a potential copyright infringement, please follow the procedure set forth below to make your claim. This procedure should only be used for making claims of copyright infringement. This information does not take the place of advice from your legal counsel. SVECONNECT is providing this information to you and your Users for informational purposes only. Rejection/Removal SVECONNECT reserves the right to reject or remove any material residing on or transmitted to or through the Services that SVECONNECT, in its sole discretion, believes to be unacceptable or in violation of the law, this AUP, and/or the Terms and Conditions. SVECONNECT may immediately remove content if SVECONNECT believes such content is unlawful, violates the AUP and/or Terms and Conditions, or such removal is done pursuant to the Digital Millennium Copyright Act. Upon SVECONNECT's request, Users shall terminate service to any third party user or agent who, in SVECONNECT's sole discretion, has violated the AUP, Terms and Conditions, or applicable law or regulations. Notification of Copyright Claim If you believe that a Web page hosted by SVECONNECT is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with the SVECONNECT designated agent as described below: Contact DMCA Agent Mail SVECONNECT Legal Services Department Attn: Copyright Claims
P.O. Box 31
South Pittsburg, Tennessee 37380 Fax (423) 837-5074
Attn: DMCA Agent - Copyright Claims DMCA Complaints must be in writing and contain the following information

A physical or electronic signature of a person authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SVECONNECT to locate the material;
Information reasonably sufficient to permit SVECONNECT to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You should be aware that complainants who make false claims or misrepresentations concerning copyright infringement may be liable for damages under the DMCA. Counter-Notification in Response to Claim of Copyright Infringement If a notice of copyright infringement has been wrongly filed against you and you would like to submit a counter-notice, please forward your counter-notice to SVECONNECT's designated agent at the address noted above. This process will invoke a dispute between you and the complaining party. Your counter-notification must be in writing and contain the following information:

A physical or electronic signature of an authorized person;
Identification of the material that was removed or access to which was disabled and the location at which material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located and that you will accept service of process from the complainant

You should be aware that substantial penalties under U.S. law apply for a false counter-notice filed in response to a notice of copyright infringement. System and Network Security Users are prohibited from violating or attempting to violate the security of SVECONNECT, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, flooding, mail bombing or crashing, (d) forging any packet header or any part of the header information in any e-mail or newsgroup posting, or (e) taking any action in order to obtain services to which such User is not entitled; (f) reselling or otherwise sharing SVECONNECT Services, account information, or passwords, or distributing SVECONNECT Services beyond the scope of the end-User account, (g) taking action which would result in third-party charges to SVECONNECT, (h) engaging in activity which would compromise customer privacy or system security or gain access to any system or data without required permission (e.g., “hacking”) of the owner, or (i) attaching any equipment, accessory, apparatus, circuit, or devices that are harmful to the network and are attached to or connected with SVECONNECT’s facilities.. Violations of system or network security may result in civil or criminal liability. SVECONNECT may investigate occurrences that may involve such violations, and SVECONNECT may involve and cooperate with law enforcement authorities in prosecuting Users who are alleged to be involved in such violations. Suspension or Termination Any User which SVECONNECT determines, in its sole discretion, to have violated any element of this Acceptable Use Policy shall receive a written warning, and may be subject at SVECONNECT's discretion to a temporary suspension of service pending such User's agreement in writing to refrain from any further violations; provided that SVECONNECT may immediately suspend or terminate such User's service without issuing such a warning if SVECONNECT, in its sole discretion deems such action necessary. If SVECONNECT determines that a User has committed a second violation of any element of this Acceptable Use Policy, such User shall be subject to immediate suspension or termination of service without further notice, and SVECONNECT may take such further action as SVECONNECT determines to be appropriate under the circumstances to eliminate or preclude such violation. SVECONNECT shall not be liable for any damages of any nature suffered by any customer, User, or any third party resulting in whole or in part from SVECONNECT's exercise of its rights under this Policy. Service Monitoring SVECONNECT has no obligation to monitor the services, but may do so and disclose information regarding the use of the services for any reason if SVECONNECT, in its sole discretion, believes that it is reasonable to do so, including to satisfy laws, regulations, or other governmental or legal requirements or requests, to operate the services properly, or to protect itself and its subscribers. Privacy Any User interacting with our site and providing SVECONNECT with name, address, telephone number, e-mail address, domain name or URL or any other personally identifiable information permits SVECONNECT to use such information for commercial purposes of its own, including contacting Users about products and services which may be of interest. All information concerning users of SVECONNECT shall be kept in accordance with SVECONNECT’s then-applicable Privacy Policy and the requirements of applicable law. SVECONNECT’s Privacy Policy can be found on its website at https://sveconnect.com/legal-information . Modifications SVECONNECT reserves the right to modify this Acceptable Use Policy and all of its policies at any time in its sole and absolute discretion. Changes and modifications will be effective when posted and any use of the Services after the posting of any changes will be considered acceptance of those changes. No Waiver/Severability Any failure of SVECONNECT to enforce this Policy shall not be construed as a waiver of any right to do so at any time. If any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law, and any remaining portions will remain in full force and effect.

July 2023

Privacy Notice

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

COLLECTION OF SUBSCRIBER INFORMATION

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

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

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

INTERNET AND PHONE PRIVACY

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

DISCLOSURE OF INFORMATION

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

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

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

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

SECURITY

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

MARKETING SERVICES

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

RETENTION OF INFORMATION

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

RIGHT TO REVIEW AND CORRECT INFORMATION

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

SPECIAL NOTICE CONCERNING CUSTOMER PROPRIETARY NETWORK INFORMATION

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

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

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

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

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

August 2018

Terms and Conditions- Residential

SVECONNECT RESIDENTIAL TERMS AND CONDITIONS OF SERVICE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

August 2018

Terms and Conditions - Commercial

SVECONNECT BUSINESS TERMS AND CONDITIONS OF SERVICE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Battery Back-Up for VoIP Telephone Service

Dear valued phone customer,

We want to share important telephone service related information about your SVEConnect Phone Service.   FCC rules require phone providers, such as SVEConnect, to notify each customer of what happens in the event of a power outage.  For many years if the power went out your phone would still work.  Today, phones are more advanced.  SVEConnect provides a  Voice over Internet Protocol (VoIP) service.  When the power goes out your VoIP phone service will not work without the use of a battery backup support. VoIP phone calls are made over the Internet, instead of over analog phone lines, which means if your Internet connection goes down, so could the ability to make and receive phone calls. Businesses and residences using VoIP therefore need to plan ahead of time for how they will ensure uninterrupted telephone service and to maintain the ability to connect to 911 emergency services.

Service Limitations with and without Backup Power

During a power outage at a customer’s home you will not be able to dial 911 without a battery backup or another phone service such as a cell phone.  The battery backup will allow a customer’s phone to continue to work as long as it is charged. If the battery dies before power is restored, the telephone modem will be unable to make or receive calls through a corded phone until the power is restored. Although the voice line is connected to many home security systems or medical monitoring systems, the battery backup does not provide power to any services other than voice. These will require their own battery backup.  The battery backup on the phone will not keep the security system or medical monitoring system running and without a battery backup on the phone your security system can’t report an incident.

Purchasing a Battery Backup or UPS (Uninterrupted Power Source)

It is your responsibility to obtain, maintain, monitor, and/or replace a battery backup. You can purchase a battery backup through local retailers or online at many retailers.  A few examples are Wal-Mart, Target, and Best Buy.  SVEConnect does not have an agreement with any retailer.  You can purchase a backup at any retailer you choose. Battery backup options will vary in cost and may provide varying durations of backup power. We recommend you consider a battery backup with a 24-hour duration or greater.

Care, Testing and Monitoring Your Battery

Please follow the instructions included with your battery backup.  Proper use, storage and care are necessary to ensure that the battery backup will function if needed.  Batteries must be stored properly or it could shorten their life.  The recommended temperature for batteries is between 41° F and 104° F.  Batteries do not last forever and should be replaced when giving an audible or visual indicator or pursuant to the instructions included with your battery backup.  You are also advised to periodically test your battery to verify both operation of the backup battery and condition. We suggest testing your battery twice a year when the time changes.

If you have any questions about battery backup power or which battery model is compatible with the equipment at your location, please call (423) 837-8605.

SVEConnect

National Do Not Call Registry

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

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

For Tennessee:

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

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

Download/print the Complaint Form

Network Management

SVEConnect, a subsidiary of Sequachee Valley Electric Cooperative, commits to the open and non-discriminatory use of the Internet by its customers and commits to use reasonable network management practices.  SVEConnect will manage its network and provide access in accordance with the Federal Communications Commission’s (FCC’s) Restoring Internet Freedom Order and any future rules adopted by the FCC. SVEConnect’s policies regarding network management practices are outlined herein in an effort to create transparency and to inform current customers, prospective customers, third-party content providers and other interested parties.

Transparency. SVEConnect shall make available public information on its website at  https://sveconnect.com/legal-information regarding its Acceptable Use Policy (AUP) and terms of its service sufficient for customers to make an informed choice regarding their use of such services.  SVEConnect will not unjustly or unreasonably prevent or interfere with competition among content, applications, service, or device providers.

Network Management.  SVEConnect uses generally accepted technical measures to provide acceptable service levels to all customers, such as application-neutral bandwidth allocation, as well as measures to address service attacks, illegal content and other harmful activities to protect network integrity and reliability.

Blocking. SVEConnect reserves the right to disconnect or limit any account access to the Internet that in the opinion of its system administrator is a threat to the security or lawful operation of the Internet service or the service’s software and/or hardware or that repeatedly violates the terms of SVEConnect’s AUP. SVEConnect reserves the right but does not assume the responsibility, to block or limit access to content that violates the AUP. SVEConnect shall not unjustly or unreasonably block access to lawful content, applications, services or non-harmful devices, subject to reasonable network management.

Throttling. SVEConnect shall not unjustly or unreasonably (other than reasonable network management elsewhere disclosed) degrade or impair access to lawful Internet traffic based on content, application, service, user, or use of non-harmful devices.

Affiliated or Paid Prioritization. SVEConnect shall not unjustly or unreasonably favor some traffic over other traffic including through use of techniques such as traffic shaping, prioritization, or resource reservation, to benefit an affiliate or in exchange for consideration, monetary or other benefit.

Congestion Management. Congestion due to malfunctioning hardware and/or software will be remedied as quickly as network engineers can diagnose and identify the offending hardware / software. Congestion due to malice will be remedied using any technique available, including protocol-aware filtering and rate-limiting, to control and limit the offending source. SVEConnect may seek criminal charges against those who inflict network malice.  SVEConnect may also attempt to recover costs incurred from network malice.

SVEConnect reserves the right to prioritize traffic based on real time and non-real time applications during heavy congestion periods based on generally accepted technical measures.   SVEConnect may use other traffic management and prioritization tools to help ensure equitable access to the SVEConnect network for all customers.  Excessive bandwidth or hardware usage that adversely affects SVEConnect’s ability to provide its Internet or any other service may result in additional account management and fees.

SVEConnect reserves the right to monitor customer usage and evaluate on an individual account basis bandwidth or hardware utilization to efficiently manage the performance of the network to ensure a sustainable quality broadband service is provided.

Application-Specific Behavior. SVEConnect does not make use of any application-specific network management practices. SVEConnect does not modify protocol fields in ways not prescribed by the protocol standard. SVEConnect does not inhibit or favor certain applications or classes of applications. SVEConnect does not block or rate-control specific protocols or protocol ports, except for malformed or non-standard protocol traffic as identified by SVEConnect.

Device Attachment Rules. Devices connecting to SVEConnect’s network must conform to general public standards and be non-harmful to the network.

Security. SVEConnect provides its own methods to secure and protect its Internet service and network. Such action is not a substitute for the customer providing his/her own security or protection for your own software, devices, network or data. SVEConnect specifically disclaims any liability for any breach of security or any harm to customer’s computing system while connected to SVEConnect’s Internet service.

Discrimination.  SVEConnect shall not unreasonably discriminate in transmitting lawful network traffic over a consumer’s broadband Internet access service, subject to reasonable network management practices.

Performance Characteristics. The advertised speed of SVEConnect’s Internet service is the maximum bandwidth throughput that is available and achievable with the technology utilized by SVEConnect.  Our customer serving networks are comprised of various FTTP (Fiber-to-the-Premise) access platform technologies that deliver Internet service.  FTTP supports up to 1000 Mbps with less than 50ms latency, depending on the service level subscribed. All FTTP service levels offered are suitable for real-time application.

Several factors may affect the actual bandwidth throughput of SVEConnect’s Internet service offerings. This includes but is not limited to distance between service point and SVEConnect’s central office as well as the customer’s computer, modem or router used. Internet traffic and activity during peak usage periods may also impact the available bit rate.

Pricing.  Please click on the following website link for pricing information including monthly prices, usage-based fees, and fees for early termination or additional network services at: https://sveconnect.com/internet-residential .

Privacy Policies. Please click on the following website link to view SVEConnect’s complete privacy policies: https://sveconnect.com/legal-information . SVEConnect does not generally inspect network traffic. Certain traffic information is retained and stored for specific periods of time as required by state or federal law. This includes information stored and provided to law enforcement as it relates to information requested by law enforcement pursuant to national security and/or criminal statutes and Acts. SVEConnect does not otherwise store, use, or provide traffic information for non-network management purposes

Impact of Non-Broadband Internet Access Service Data Services. Television and phone services share the subscriber’s broadband capacity. Additional capacity is allocated to customers with these services, but internet bandwidth may occasionally be affected by non-broadband service usage.

Electronic Communications Privacy Act (ECPA) Notice. Customers are hereby notified that SVEConnect does not offer the same degree of privacy for email or files that the customer expects from regular paper mail.  While SVEConnect does its best to strongly guard the privacy of subscriber data, it may be required to deliver such data to third parties as required by law.

DMCA Copyright Infringement Policy

DMCA Copyright Infringement Policy | SVEConnect

SVNow- TiVo Terms and Conditions

Definitions

As used in this Agreement, the following definitions apply:
(1) "App" means the application available to the Customer which enables use of the Service;
(2) "Content" refers to Internet Protocol TV (IPTV) content offered through the Service via a Customer owned streaming media device and the App;
(3) "Company" or "we" or "us" or "our" refers to SVEConnect;
(4) "Customer" or "you" or "yours" or "user" refers to the subscriber to the Service and includes anyone accessing the Service through the App and your account;
(5) "SVNow refers to the Internet Protocol TV (IPTV) Service offered by Company to subscribers and the App that enables the SVNow.

Service

Company licenses the SVNow Service and App to you and grants you access to the SVNow Service, conditioned

upon your acceptance of this Service Agreement (the “Agreement”).

By downloading, installing, using, visiting or browsing on the App or SVNOW Service, you agree: (a) that you have read and understand this Agreement and agree to its terms; (b) that you are 18 years of age or older; and (c) to the Company's Privacy Policy and Acceptable Use Policy (AUP) found at https://sveconnect.com/legal-information.

The availability of the SVNow Service is limited to the Company's network, and availability is subject to the entry of a Company-assigned or -approved username and password. The SVNow Service is not available as a streaming service over the public Internet.

If at any time after reviewing or using the SVNow Service you wish to terminate the SVNow Service and this Agreement, you must cancel your subscription as provided under "Your Subscription" below and un-install and remove the App from your device and delete any copy of the App in your possession. You agree that information collected from you or your device before you un-install, remove or cease to use the App can still be used by us at our discretion.

Company may from time to time change this Agreement. Revisions shall be effective immediately; provided, however, for existing users, such revisions will be effective 30 days from posting, unless otherwise stated. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the SVNow Service and App following the date in which the modified or amended Agreement is made available through the SVNow Service, App or by posting at https://sveconnect.com/legal-information.

By subscribing to the SVNow Service, you receive access to and use of: (i) certain software, intellectual property rights and technology owned or operated by us (including, for example, applications that are hosted or downloaded, accessories, tools, features and/or functionality related to and/or made available by us); (ii) our websites and applications, including but not limited to, the App; (iii) the Content that is accessible to you (including, but not limited to transaction and subscription video or programming, advertising, and/or other content); (iv) any and all other products and/or services accessed, provided, used or otherwise made available to you, including additional technology, software, documentation, features, functionalities, content, updates, upgrades, bug fixes or enhancements used in connection with the use of, or otherwise related to the SVNow Service, (v) updated versions of the App, SVNow Service and related third party software, which may be provided to you at any time and you agree to accept without further notice; and all other information and related documents provided to user by or on behalf of the Company.

Use of the SVNow Service

You must be connected to Company's broadband network to subscribe to the SVNow Service. Individuals under the age of 18 may utilize the SVNow Service only with the consent or involvement of a parent or legal guardian, under such person’s SVNow Service account and otherwise subject to this Agreement. If you disconnect from Company's broadband network, it will result in cancellation of the SVNow Service.

SVEConnect will provide one set top box with your SVNow Service, you may purchase additional boxes or use compatible streaming media device to access the SVNow Service and App. Visit https://sveconnect.com for the latest list of streaming media devices compatible with the SVNow Service. This list is provided for information purposes only and is not a guarantee or warranty by us that the listed device will work with the SVNow Service. By using the SVNow Service and App, you agree to look solely to the entity that manufactured or sold you the device for any issues related to the device and its compatibility with the SVNow Service.

You understand that the SVNow Service may include, and the App may allow you to access Content that may be considered offensive, indecent, explicit, or otherwise objectionable. This Content may or may not be identified as being objectionable including but not limited to, explicit language or imagery. Company shall have no liability to you for such Content. Any content descriptions, genres, or other categories are provided for your convenience, and Company does not guarantee their accuracy or assume any obligation to provide same. You understand that video content resolution is affected by many factors, and as a result no specific resolution is guaranteed.

Privacy

Collection and use of your information are addressed in the Company's Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices at https://sveconnect.com/legal- information.

Your Profile

You may create one or more "Profiles" on the App. Profiles allow various household members to personalize their Content, recommendations, and watch histories. Even if you create multiple Profiles, they are accessible, modifiable and may be deleted by anyone using the App; therefore, you should inform household members if you do not desire for them to edit, delete or modify your Profile.

Your Subscription

The SVNow Service includes different subscription packages for which payment of a subscription fee is required to access Content available as part of those packages. You can find the specific details regarding your subscription package at any time by visiting https://sveconnect.com.

Your subscription to the SVNow Service will continue month-to-month until you cancel your subscription, or we

terminate it (“Subscription”). Billing and payment for the SVNow Service will be conducted in accordance with the terms of your SVNow Service Agreement. You may cancel your subscription at any time, and you will continue to have access to the SVNow Service until you return the SVEConnect equipment. Once returned your service will be discontinued and you will receive a credit for the remaining days in the billing cycle.

Pricing for the SVNow Service, and any aspect thereof, may be changed at any time in Company’s sole discretion. You will be notified of price changes 30 days prior to them taking effect through posting on the Company's website. You will not be provided an individual notice of such change.

The SVNow Service and App are intended for non-commercial use only. You may not use the SVNow Service or App for viewing in areas open to the public, or in commercial area, regardless of whether a viewing fee is charged unless specifically authorized as a business customer with SVEConnect. You are not permitted to use any of our trademarks without authorization.

The number of devices available for use and the maximum simultaneous streams allowed may change from time to time at our discretion. By default, we include 2 simultaneous streams per household. Additional set top boxes and DVR service may be purchased by calling 423-837-8605.

Content and Programming

There are many factors that can affect the cost and availability of programming. We may add, delete or otherwise change our program packaging, selection, pricing and/or any other factor or aspect of the SVNow Service, or the way we offer the SVNow Service, at any time for any reason in our sole discretion. Some programming and sports events may be blacked out in your area as required by programmers. These blackout restrictions are determined by third parties other than Company and Company is not responsible for same. Some programming may be unavailable for certain features of the SVNow Service. Some of the SVNow Service programming may be accessed and used only at the Internet address assigned by the Company. We may use any technology available to us to verify your geographic location in order to provide the Services and implement these restrictions.

Update and Testing

We update and test the SVNow Service, including the Content on a continuous basis. You understand that by using the SVNow Service, you agree to be included in such testing without notice. Testing may be done to any aspect of the SVNow Service, and may include, but not be limited to: service level, the App, the website, user interfaces, plans, promotional features, availability of content, delivery and pricing.

License and Restrictions

Subject to the restrictions set forth herein, Company grants you a personal, revocable, non- exclusive, non- transferable, limited right to install and use the App on a streaming media device, mobile device(s) or other

computing device(s) that are owned and controlled by you (“Your Device”), and to access and use the App on Your Device solely for accessing the SVNow Service and viewing Content, strictly in accordance with the terms and conditions of this Agreement, and all applicable local, national, and international laws and regulations.

You may not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App, for any purpose; (b) modify, adapt, improve, or create any derivative work from the App or Content; (c) violate any applicable laws, rules or regulations in connection with your access or use of the App or Content; (d) remove or alter any copyright or trademark notice of Company or its collaborators, suppliers or licensors; (e) use the App or Content in a manner intended to generate revenue directly from such use, or use the App for any other purpose for which it is not designed or intended; (f) enable the use of the App on a device that is not Your Device;

(g) enable access to or use of Content on a device that is not Your Device; (h) make the App or Content available over a network other than Company’s network; (i) use the App or Content to develop, design or create any service designed to replace or be used in connection with the SVNow Service or the App, product or software offered by Company or its licensors; (j) use any proprietary information or intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the App; (k) circumvent, disable or tamper with the App or the Content; (l) reproduce, archive, retransmit, distribute, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make

available to third parties, transfer or circulate the App or Content; or (m) use the SVNow Service in any manner not intended by this Agreement, in Company’s sole discretion. You agree to abide by the rules and policies established by Company at any time.

Property

Set top boxes are the property of SVEConnect and shall remain so throughout the service period for the customer. If a customer cancels service, they must return set boxes to end their service agreement.

The App (including its source and object code), any copies thereof (whether or not present on your Device), the SVNow Service, and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are the property of Company or its collaborators, licensors, or suppliers. The source and object code of the App are the proprietary and confidential information of Company and its collaborators, licensors and suppliers. Title to the App and SVNow Service shall remain with Company. The App is licensed, not sold, to you. Company and its collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to the App or SVNow Service, or require the return of the App (or any copy thereof), at any time without notice and will have no liability for doing so. Except as expressly stated in this Agreement, you are not granted any intellectual property rights in or to the App or SVNow Service by any legal theory, including but not limited to implication and estoppel. All rights in and to the App and SVNow Service not expressly granted in this Agreement are hereby reserved and retained by Company.

Copy Right Infringement

It is the policy of Company to expeditiously respond to clear notices of alleged copyright infringement. Company has designated the following agent to receive notifications of claimed infringement at the address set forth below:

SVEConnect423-837-8605

Support@sveconnect.com 512 S. Cedar Ave

South Pittsburg, Tn 37380

For further information, see https://sveconnect.com.

These obligations survive termination of this Agreement

The SVNow Service or App may include third party software that is subject to open source license terms (“Open Source Software”). You acknowledge and agree that your right to use such Open Source Software is subject to and governed by the terms and conditions of any applicable license to the Open Source Software (the “Open Source License Terms”). In the event of a conflict between the terms of this Agreement and the Open Source License Terms, the Open Source License Terms shall control.

Third Party Services

The SVNow Service or App may allow you to access certain Internet services and, products, websites, advertisements, and content from advertisers, publishers, vendors and other third parties that is provided by third parties for which you may have a separate relationship directly with such third parties ("Third Party Services"). You agree that Company shall bear no responsibility for such Third-Party Services or your continued access to them via the Service. You are responsible for any fees for Third Party Services that result from your access to or use of them. You hereby represent and warrant that you have the necessary rights to access and use such Third-Party Services through the SVNow Service and that your use of the Third-Party Services is in compliance with the terms of use applicable to such Third-Party Services. Company reserves the right to restrict your access to and use (or misuse) of the Third-Party Services or deny access to any Third-Party Services otherwise accessible through the SVNow Service or App. Company shall have no liability to you arising out of or in connection with same.

Arbitration

THE PARTIES AGREE THAT ANY CONTROVERSIES, CLAIMS OR DISPUTES ARISING BETWEEN MEMBER AND COMPANY, WHETHER IN TORT OR IN CONTRACT, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, OR THE SVNOW SERVICES PROVIDED, WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, EQUIPMENT, SERVICE OR ADVERTISING PROVIDED BY THE COMPANY. ADDITIONALLY, THE PARTIES AGREE NOT TO PURSUE ARBITRATION RELATED TO OR ARISING OUT OF THIS AGREEMENT ON A CLASSWIDE BASIS. THE PARTIES AGREE THAT ANY ARBITRATION RELATED TO OR ARISING OUT OF THIS AGREEMENT WILL BE SOLELY BETWEEN YOU AND THE COMPANY (NOT BROUGHT ON BEHALF OF OR TOGETHER WITH ANOTHER INDIVIDUAL’S CLAIM). SUCH ARBITRATION SHALL BE BEFORE A PANEL CONSISTING OF THREE (3) ARBITRATORS AT A LOCATION IN, TENNESSEE. SUCH ARBITRATION SHALL BE BINDING UPON BOTH MEMBER AND COMPANY AND SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS RULES, INCLUDING THE SELECTION OF THE ARBITRATORS, WHICH SHALL BE ACCOMPLISHED IN ACCORDANCE WITH THE RULES OF THE AAA. THE AWARD RENDERED BY THE ARBITRATORS SHALL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IT IN ACCORDANCE WITH APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. THE PARTIES FURTHER AGREE THAT THE PREVAILING PARTY IN SUCH ARBITRATION SHALL BE ENTITLED TO RECOVER THE COSTS OF SUCH ARBITRATION FROM THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES. THIS AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE UNDER APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. PROVIDED, HOWEVER, COLLECTION MATTERS OF $25,000 OR LESS IN ALLEGED VALUE (BEFORE COSTS, INTEREST AND ALLOWABLE ATTORNEYS’ FEES, IF ANY) FOR SERVICE MAY BE FILED IN ANY COURT WITH JURISDICTION THER EOVER AND THERE TRIED BY ANY PARTY, UNLESS COUNTER-CLAIMS OR OTHER CLAIMS IN AN AMOUNT IN EXCESS OF $25,000 (SUBJECT TO THE SAME EXCLUSIONS) ARE ASSERTED BY ANY PARTY. IN THE LATTER CASE, THE ENTIRE MATTER AND ALL CLAIMS BEFORE THE COURT SHALL BECOME SUBJECT TO BINDING ARBITRATION HEREUNDER UPON WRITTEN REQUEST OF ANY PARTY FILED WITH THE COURT WITHIN THIRTY (30) CALENDAR DAYS OF ACTUAL NOTICE OF THE FILING OF SUCH COUNTER-CLAIMS OR OTHER CLAIMS. TO THE EXTENT ALLOWED BY LAW, THE PARTIES WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

No Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE APP AND PAY-TV SERVICES, INCLUDING ALL CONTENT CONTAINED THEREIN OR ACCESSED THEREBY, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS PROHIBITED BY LAW, COMPANY AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APP AND PAY-TV SERVICE, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS AGREEMENT, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE APP OR PAY-TV SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE APP OR PAY-TV SERVICE WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APP OR SERVICE WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (iv) ANY ERRORS IN THE APP OR SERVICE WILL BE CORRECTED OR THAT THE APP OR SERVICE WILL BE MAINTAINED. YOU ACKNOWLEDGE THAT THE APP IS NOT INTENDED FOR USE WHEN THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APP COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. COMPANY AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE APP OR SERVICE WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR DEVICE, LOSS OF THE DATA LOCATED ON YOUR DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR DEVICE. YOU ASSUME ALL NECESSARY EXPENSES ASSOCIATED WITH SERVICE AND REPAIR TO YOUR DEVICE. YOU ACKNOWLEDGE AND AGREE THAT COMPANY AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS, AND THEIR OFFICERS, DIRECTORS,

EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Limitation of Liability

COMPANY’S LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE ACCESS AND/OR USE OF THE SERVICES, OR ANY CONTENT PROVIDED VIA THE SERVICES, THE ACTS OR OMISSIONS OF ANY THIRD PARTY, WHETHER OR NOT COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER OR NOT CAUSED BY COMPANY’S NEGLIGENCE, OR ON ACCOUNT OF ANY ACT OR OMISSION OF COMPANY, SHALL BE LIMITED TO ACTUAL DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY, OR BODILY INJURY OR DEATH

PROXIMATELY CAUSED BY COMPANY’S INTENTIONAL MISCONDUCT OR RECKLESSNESS, TO THE FULL EXTENT SAME MAY BE DISCLAIMED BY LAW. YOU WILL NOT BE ENTITLED TO ANY OTHER DAMAGES, INCLUDING INDIRECT OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION. COMPANY AND OUR EMPLOYEES, DIRECTORS, AGENTS, CONTRACTORS, AND REPRESENTATIVES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY UNAUTHORIZED ACCESS, DAMAGES, OR MODIFICATIONS TO, OR LOSS OR DESTRUCTION OF, ANY OF YOUR SOFTWARE, FILES, DATA, OR PERIPHERALS OR FOR COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD COMPANY,ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND AGENTS, AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT, HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) BY, OR ON BEHALF OF YOU OR ANY THIRD PARTY OR USER OF THE SERVICES, RELATING TO OR ARISING OUT OF: (i) YOUR ACCESS AND USE OF THE APP, SERVICE OR EQUIPMENT; (ii) YOUR BREACH OF THIS AGREEMENT OR VIOLATION OF LAW (iii) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT; OR (iv) YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY. THESE OBLIGATIONS SURVIVE TERMINATION OF THIS AGREEMENT.

Third Party Claims

YOU AGREE THAT COMPANY IS NOT RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS THAT ARISE FROM YOUR USE OF THE SERVICES OR THE EQUIPMENT AND YOU AGREE TO REIMBURSE COMPANY FOR AN ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES, UNLESS SUCH CLAIMS ARE DUE TO OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS PROVISION WILL SURVIVE TERMINATION OF THIS AGREEMENT

MISCELLANEOUS

The following provisions survive termination of this Agreement:

Governing Law. This Agreement shall be governed by the laws of the State of Tennessee without regard to its conflict of laws principles. Venue for any action is agreed to be in South Pittsburg, TN.

Consent to Electronic Contact

It is important that Company be able to contact you from time to time. You have agreed to give Company an email address (your “Primary Email Address”) and you consent to the receipt of emails from Company at your Primary Email Address for any purpose relating to this Agreement. Customer also agrees that Company may call or text Customer at the phone numbers Customer supplies Company and Customer agrees that calls may be made using any method including autodialing equipment, an artificial or recorded voice, or email messages sent to a wireless device. If your wireless provider charges you for text or email messages, you are responsible for any such charges.

Service and Support

Access our support website to find help with the Service at https://sveconnect.com or call us with your question at 423-837-8605. Find additional help or submit your product feedback at https://sveconnect.com.

Waiver

Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

Third Party Beneficiaries

Except as explicitly provided in this Agreement or in its incorporated agreements, nothing contained in this Agreement is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person. You may not transfer your rights or obligations under this Agreement. Any attempted transfer by you shall be null and void. Company may assign this Agreement without restriction.

Binding Agreement

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. Any provision of this Agreement that is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Time is of the Essence

Time is of the essence with respect to this Agreement.

Further Actions

Customer shall promptly execute and deliver to Company such further documents and take such further action as Company may request in order to give effect to the intent and purpose of this Agreement.

Term/Termination of Agreement

This Agreement shall be effective until terminated. Company may, in its sole and absolute discretion, at any time and for any or no reason, disable the App, or suspend or terminate this Agreement and the rights afforded to you hereunder, with or without prior notice or other action by Company. Upon the termination of this Agreement, you shall cease all use of the App and uninstall the App from your Device and delete any copy of the App in your possession.

Company will not be liable to you or any third party for compensation, indemnity, or damages of any sort as a result of terminating this Agreement in accordance with its terms, and termination of this Agreement will be without prejudice to any other right or remedy Company may have, now or in the future.

Survival of Terms

In addition to this Section, all indemnifications, release, limitation of liabilities, disclaimer of warranties, limitations of remedies, the agreement to arbitrate, the restriction upon use of the Services, all as more particularly set forth herein, shall survive the termination of this Agreement and discontinuation of the Services.

Entire Agreement

This Agreement, and documents incorporated herein by reference, constitute the entire agreement with respect to the use of the App and Service and supersedes all prior or contemporaneous understandings regarding such subject matter.