Terms & Conditions

Agreement to Terms and Conditions

The Subscriber will comply with and be bound by the terms and conditions of the Subscriber Agreement which is incorporated by reference herein and such terms of service may from time to time be adopted by empower. The terms of the Subscriber Agreement and the service agreement policies can be viewed online at www.empowerbroadband.com.

Service Fees and Payment Terms

Upon installation of fiber optic service and its availability to the Subscriber, Subscriber shall pay the current monthly rate determined by empower for the Service obtained by the Subscriber or if the Subscriber has a service term agreement other than a month-to-month agreement, the rate agreed in the service term agreement includes any Aid to Construction (“ATC”) Fee. The monthly service fee begins upon completion of the installation of the service at the Subscriber’s service location and may be prorated the first and last month of service. However, when an ATC fee is due under this Agreement, then the obligation to pay the ATC fee shall be incurred when empower begins the work covered by the ATC fees as agreed by the parties.

Payment Default and Disconnection

Any default by the Subscriber in the payment of his/her/its service bill shall give empower the right to disconnect and remove the service, in accordance with the disconnection policy and procedure of empower. Subscriber agrees that empower may make attempts to contact Subscriber via both automated and live calls to any phone number given to empower.

Maintenance and Equipment Responsibility

Subscriber shall maintain the wiring and all related devices inside the Subscriber’s home, location or other building. All equipment and devices provided by empower shall remain the equipment of empower and shall not be tampered with or opened by anyone in Subscriber’s location or premises unless the parties agree in writing to the contrary. If a Subscriber or anyone on their premises tampers with, damages or fails to protect such equipment of empower from damage, except damage which occurs through normal use and/or normal wear and tear, then Subscriber shall be responsible for and shall pay empower the cost of such equipment. Further, upon termination of this Agreement for any reason, Subscriber must return equipment to empower. empower reserves the right to bill for equipment at FMV if such equipment is not returned.

Easement and Access Rights

Subscriber, as a condition of receiving service from empower, grants empower an easement, over and across the land, location and/or premises of Subscriber for the term of this Agreement for a communications system or equipment as well as to perform necessary maintenance, service upgrades and periodic right of way clearing work, if necessary, in the discretion of empower. Such easement shall include the right to construct the fiber optic or other cable service to the land, location and/or premises of Subscriber as well as to perform any maintenance, upgrades and periodic clearing of such easement. If possible, empower shall follow or use existing utility easements and be placed therein.

Credit History Authorization

Subscriber grants and authorizes and by the signature below allows empower to make an investigation of the prospective Subscriber’s credit history.

Service Interruptions and Limitations

Subscriber understands and agrees that if the electricity is out for any reason that all fiber optic services will not function during the electrical outage. Neither empower, CECC nor any electric empower can guarantee uninterrupted service and cannot guarantee that a battery backup or a generator will work and provide uninterrupted electrical service and, thus, uninterrupted fiber optic service including VoIP phone service, if any. Subscriber should secure an alternative means of 911 and emergency services.

Cancellation

Subscriber may initiate cancellation of Services as follows:

• Telephone: 870-336-0999
• Email: customersupport@empowerbroadband.com
• Mail:
  empower, Delivered by CECC
  P.O. Box 7503
  Jonesboro, AR 72403

Acceptable Use of Service

Subscriber shall not use such fiber optic network in any illegal manner as specified in the terms of service agreement, the Subscriber Agreement or the acceptable use policy of empower or other policies found at www.empowerbroadband.com and as further defined by local, state and federal laws, rules and regulations.

Wireless Component Usage

Subscriber agrees and understands that empower may utilize the wireless component of any devices supplied to Subscriber to extend coverage of the network or service which will not impede or restrict access to Subscriber’s subscribed services.

Dispute Resolution and Legal Jurisdiction

In the event a dispute shall arise between empower and the Subscriber, the parties hereby agree that the dispute shall be litigated in Craighead County, AR with each party having all rights and remedies provided by law or equity. empower shall not be liable for any consequential damages under any circumstances except for damages incurred due to the gross negligence of empower. The prevailing party in any litigation shall be entitled to recover all costs, expenses and attorney fees from the non-prevailing party.