connectSCP Terms & Conditions – General

1.1 Application & Acceptance of Terms & Conditions
  1. Application. The General Terms and Conditions set forth in Part 1 of this Service Catalog apply to all products and services connectSCP and SCP provides Subscribers pursuant to this Service Catalog and shall continue in effect so long as services are provided under this Service Catalog. To the extent applicable to any service, services are also subject to the service-specific terms and conditions set forth in other parts of this Service Catalog.In the event of any conflict between these General Terms and Conditions and the service-specific terms and conditions set forth in other Parts of this Service Catalog, the service-specific terms and conditions shall control.
  2. Acceptance of Terms and Conditions. Acceptance of the Terms and Conditions shall occur automatically upon Member’s payment of their first monthly bill for services rendered by connectSCP.
1.2 Obligation & Liability of ConnectSCP
  1. Availability of Facilities. connectSCP and/or SCP’s obligation to furnish services is dependent upon its ability to secure and retain, without unreasonable expense, suitable facilities and rights for such facilities, except as provided for in 1.4 (11) Construction Charges.
  2. Allowance for Failure of Service. connectSCP and/or SCP does not guarantee uninterrupted service or use of equipment. In case service is interrupted other than by the negligence or willful act of the Subscriber, an adjustment may be made in the form of a bill credit for the charges for that portion of the service rendered inoperable if connectSCP and/or SCP desires. No other liability shall in any case attach to connectSCP or SCP.
  3. Transmitting Messages – Security. connectSCP does not transmit messages, but offers the use of its facilities, where available, for communications between parties, subject to these Terms and Conditions. Access to and use of any information or data obtained by Subscriber or any user via use of service is at the Subscriber or user’s own risk. connectSCP is not responsible for the accuracy, reliability, or security of such information. connectSCP makes no attempt to verify accurate receipt of any messages and connectSCP is not responsible for any loss of data resulting from delays, non-deliveries, incorrect deliveries, viruses, e-mail filtering, service interruptions, etc. connectSCP makes no representation warranties, or assurances regarding the security of any system or network, or the protection or privacy of email or other information transferred or communicated through the Internet or any other system or network. connectSCP shall not be liable for any breach of security arising from or in connection with a Subscriber’s or user’s use of service or connectSCP’s network.
  4. Defacement of Property. connectSCP and/or SCP or any authorized contractors shall exercise care in all work done on a Subscriber’s property. No liability shall attach to connectSCP and/or SCP by reason or act of an authorized contractor, or of any defacement or damage to the Subscriber’s property resulting from the existence of connectSCP and/or SCP’s instruments, apparatus and associated wiring on such property, or by the installation or removal thereof, unless such defacement or damage is the result of the negligence of connectSCP and/or SCP, or its employees. Notwithstanding the foregoing, Subscriber acknowledges and agrees connectSCP and/or SCP is not liable for any and all acts of its authorized contractors.
  5. Limitation of Liability. connectSCP and/or SCP shall not be liable for any damages arising out of or relating to:
    1. service defects, service levels, delays or any service error or interruption, including interruptions or completing any 911 or other emergency response calls or any other calls or transmissions (except for credits explicitly set forth in this Service Catalog);
    2. interoperability, access, or interconnection of the services with applications, data, equipment, services, content or networks provided by Subscriber or third parties;
    3. lost or altered messages or transmissions;
    4. unauthorized access to or theft, alteration, loss, or destruction of Subscriber’s (or its affiliates’, users’ or third parties’) applications, content, data, programs, information, networks or systems;
    5. equipment, network or facility maintenance, upgrades, modifications or relocations;
    6. any loss, damage, failure, or impairment of service in connection with Subscriber premise equipment and wiring.
    7. force majeure events such as, but not limited to, acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism, epidemic, pandemic, work stoppage, supply chain issues, civil commotion, blockade, revolution, insurrection, mobilization, strike, labor trouble, any labor, material, or transportation shortage or curtailment, government regulation, and government actions;
    8. service, equipment, network, or facility failure caused by the loss of power; or
    9. service, equipment, network, or facility failure caused by the negligent or more culpable acts or omissions by Subscriber or its affiliates, users, or third parties;
    10. acts of connectSCP’s and/or SCP’s authorized contractors.

The Subscriber indemnifies and holds connectSCP and/or SCP harmless against claims for libel, slander, or infringement of patents arising from combining such Subscriber premise equipment and wiring with the facilities of connectSCP and/or SCP.

TO THE EXTENT PERMITTED BY LAW, CONNECTSCP’S TOTAL LIABILITY FOR ANY CLAIM CONCERNING SERVICES OR EQUIPMENT PROVIDED UNDER THIS SERVICE CATALOG, INCLUDING FOR ANY EXPRESS OR IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT PAID FOR THE SERVICES WE PROVIDED, WHETHER SUCH CLAIM OR REMEDY IS SOUGHT IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. TO THE EXTENT PERMITTED BY LAW, CONNECTSCP SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR TREBLED OR ENHANCED DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS, OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER SUCH DAMAGES ARE CLAIMED FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

1.3 Establishment & Maintenance of Credit
  1. Establishment of Credit. connectSCP is not obligated to provide service to any individual or firm that owes for services previously rendered by connectSCP or South Central Power (SCP) at the same or a different address, until arrangements have been made to liquidate such previous indebtedness to connectSCP. Applicants for service may be required to pay in advance of installation, the service connection, installation and/or construction charges and any recurring charges to be assessed on the first monthly bill statement. In order to ensure the payment of all charges due for its service, connectSCP may require any Subscriber to establish and maintain credit in one or more of the following ways:
    1. by authorizing a commercial credit check by connectSCP
    2. by furnishing credit references acceptable to connectSCP.
    3. by means of a cash deposit.
    4. by advanced payment of service connection, installation, construction, and first monthly recurring service charges.
  2. Amount of Deposits
    1. connectSCP may require a deposit in order to establish service.
    2. Unless otherwise provided by law, the amount of deposit required shall not be more than the maximum charge for three (3) months service or as required by connectSCP in cases involving service for short periods or special occasions. connectSCP may require the Subscriber to increase the amount of the deposit at any time, if the charges billed against the Subscriber are found to warrant such an increase.
    3. connectSCP will maintain records which show the name and address of each depositor, the amount and date of the deposit and each transaction concerning the deposit. Unclaimed deposits shall be disposed of in accordance with law.
    4. A receipt of deposit will be furnished to each Subscriber from whom a deposit is received. Upon Subscriber request, duplicate receipts will be provided to Subscribers who have lost their receipt if the deposit is substantiated by connectSCP records.
  3. Deposits and Collection Practices. The fact that a deposit has been made in no way relieves the applicant or Subscriber from complying with connectSCP’s regulations as to advance payments and the prompt payment of bills; nor constitutes a waiver or modification of the regular practices of connectSCP providing for the discontinuance of service for non-payment of sums due connectSCP for services rendered. connectSCP may discontinue services to any Subscriber failing to pay current bills regardless of the fact that such Subscriber has made a deposit with connectSCP to secure payment of such bills, or has furnished connectSCP with a guarantee in writing for such bills.
  4. Deposit Refunds
    1. The deposit shall be refunded or credited to the Subscriber after not more than six (6) consecutive months of prompt payment, unless connectSCP has documented information which indicates the deposit is necessary to insure payment.
    2. Interest on deposits will accrue at a level determined by connectSCP.
  5. Criteria for Procurement of Deposits. connectSCP will use the following criteria to determine whether to request a deposit:
    1. SCP electric service status rating
    2. False credit information;
    3. Unsatisfactory credit history based on credit check; or
    4. Requests for special construction or equipment.
1.4 Establishment & Furnishing of Service
  1. Application for Service. Applications for service may be made electronically, over the phone, or in writing. These applications become contracts upon the establishment of the Services. In addition to any required deposit, non-recurring service and construction charges may also be required in advance, and then applicable recurring charges will appear on the first monthly bill statement. The terms and conditions specified for such contracts are subject to these Terms and Conditions as applicable to the service to be furnished. Any change to these Terms and Conditions shall act as a modification of the contract to that extent, without further notice.
  2. Access Rights. Subscriber will in a timely manner allow connectSCP and/or SCP access, as reasonably required for services, to property and equipment that Subscriber controls and will obtain at Subscriber’s expense timely access for connectSCP and/or SCP as reasonably required for the services to property controlled by third parties such as Subscriber’s landlord. connectSCP and/or SCP will coordinate with and, except in an emergency, obtain Subscriber’s consent to enter upon Subscriber’s property and premises, which consent shall not be unreasonably withheld. Access rights include right to construct, install, repair, maintain, replace and remove equipment and/or facilities (including access lines and network facilities) and the right to use ancillary equipment space outside or within a building for Subscriber’s connection to SCP network. Except as otherwise agreed SCP, the Subscriber must furnish any conduit, holes, wireways, wiring, plans, equipment, space, power/utilities and other items as SCP reasonably requires for the services and SCP will obtain any necessary licenses, permits and consents (including easements and rights-of-way). Subscriber must provide connectSCP and SCP timely information and access to Subscriber’s facilities and equipment as connectSCP and SCP reasonably requires for the services, according to a mutually agreed schedule.
  3. Grant of Easement. As a condition of receiving service, and without financial compensation, Subscriber grants to SCP a perpetual commercial communications easement on and through the service location to provide data and voice services on transport fiber, distribution fiber, and service extension fiber, if applicable, for Service to both the Subscriber and to other subscribers, and to perform necessary maintenance, service upgrades, and periodic right-of-way maintenance. If the electric utility facilities cross the Service Location, these easements will generally, but are not required to, follow those facilities.
  4. Access to Subscriber’s Premises. Subscriber shall allow connectSCP and/or SCP and its agents the right to enter Subscriber’s real property and premises at reasonable times, for purposes of installing, configuring, maintaining, inspecting, upgrading, replacing and removing the Service and Equipment.
  5. Safe Working Environment. Subscriber will ensure that the location at which connectSCP and/or SCP installs, maintains, or provides services is a safe working environment, free of Hazardous Materials or unsafe conditions, free of interference from persons or pets, and reasonably suitable for the services. For purposes of the preceding, “Hazardous Materials” mean any substance or material capable of posing an unreasonable risk to health, safety or property or whose use, transport, storage, handling, disposal or release is regulated by any law related to pollution, to protection of air, water or soil, or to health and safety. Subscriber will ensure that all pets, poultry, and livestock at the location are properly restrained prior to Company entry. Subscriber will also ensure that the working environment is free from obstructions, hazards, and interference. connectSCP and/or SCP shall have no obligation to perform work at a location that is not a suitable and safe working environment or to handle, remove or dispose of Hazardous Materials.
  6. Installation Process. SCP will use best practices when installing a fiber service drop to the Subscriber’s premises. It shall be the Subscriber’s responsibility to notify SCP if a desired route is requested. No one is required to be present for the service drop installation, so prior notification of this step will not be provided unless an issue is encountered. It is also the responsibility of the Subscriber to notify SCP if underground equipment (i.e. sprinklers, underground pet fences, etc.) are installed on the Subscriber’s premises. A connectSCP representative will contact the Subscriber to schedule the in-home installation, and an adult over 18 years of age will be required to be present. It is the sole responsibility of the Subscribers who are renting or leasing to obtain the Landlord or Property Manager’s permission for installation prior to requesting service. Proper installation may require drilling through interior and/or exterior walls in order to run wire and installing outside and interior equipment. Standard Installation includes the placement of a company owned ONT and separate internet router that also provides the subscriber’s in-home Wi-Fi signal. The router connects to the ONT by Cat6 cable. It is located no more than 125 ft from the ONT, at a central location with power outlet that is mutually determined by the customer and the installation technician. The Everyday package only provides wifi. A wifi extender will be provided if requested per the fee schedule. The Professional whole home wifi package will provide up to (2) extenders at no additional cost and any additional extenders will be charged per fee schedule. Subscribers must make their own arrangement for any work deemed "Custom" by Provider, or, alternatively, pay Provider's standard hourly rate for custom work if connectSCP agrees to do the work requested. Custom work may include, but is not limited to, extensive wall fishing, extensive drop ceiling work, including crawlspace; removal or replacement of fixtures; relocation of drops, integration with an existing LAN, or related work. connectSCP provided equipment must be returned to Provider if service is cancelled, or a fee will be charged. The names, images, and logos of features programs are the property of their respective owners. Other restrictions may apply
  7. Underground Facilities Location. Subscriber is responsible for marking and identifying all private underground facilities prior to installation. SCP is not liable for any damages to such private underground facilities not properly marked or identified by the Subscriber.
  8. Alterations. The Subscriber agrees to notify SCP and/or connectSCP promptly whenever alterations or new construction on premises owned or leased by the Subscriber necessitate changes in SCP and/or connectSCP’s facilities and equipment. The Subscriber agrees to pay SCP and/or connectSCP’s charges for such changes as necessary.
  9. Maintenance and Repairs. All expense of maintenance and repair of services or facilities provided by SCP and/or connectSCP will be borne by SCP and/or connectSCP. The Subscriber will be held responsible for restoration or replacement costs in case of loss of, damage to, or destruction of any of SCP and/or connectSCP’s facilities not due to normal use. Subscriber may not rearrange, disconnect, or remove or permit others to rearrange, disconnect, or remove any Company owned facility installed by SCP and/or connectSCP unless provided elsewhere in these Terms and Conditions.
  10. Unusual Installation Costs. Where Subscribers services require Subscriber unusual construction or installation, the Subscriber may be required to pay additional costs as provided elsewhere in these Terms and Conditions.
  11. Construction Charges.
    1. SCP may assess construction charges for the installation of facilities beyond the existing Company facilities.
    2. SCP may assess construction charges to the appropriate party which may include, but is not limited to, the service applicant, individual owner, or land developer.
    3. Construction charges may include all costs associated with the installation of facilities, including but not limited to, engineering, labor, legal, material, right-of-way, and contractor costs.
    4. Full payment of construction charges is required prior to the commencement of the work.
    5. The party paying the construction charges does not obtain any rights of ownership or any other rights pertaining to facilities installed by SCP. All facilities installed by SCP and/or connectSCP shall be under its exclusive control.
    6. Types of Network Additions governed by construction charges may include:
      1. Line Extensions;
      2. Temporary or Speculative additions;
      3. Special Type or Request;
      4. Real Estate Developments and Subdivisions; or
      5. Multi-Dwelling Units or Apartment Complexes.
  12. Installation and Service Charges.
    1. Service charges for Services apply to connect, move, or change each individual service and facilities according to the components of work required.
    2.  Please refer to Part 3 for a listing of our Service Charges.
    3. Service Charges are in addition to the other applicable rates and charges located in other parts of these Terms & Conditions, including Construction Charges.
  13. Minimum Contract Period
    1. Except as specified elsewhere in these Terms and Conditions, the minimum contract period is one (1) month from the date Service or additions to Service are established and the minimum charge is the authorized rate for one (1) month. A early termination fee may apply if service is terminated prior to the first three (3) months. For purposes of rate administration each month is considered to have thirty (30) days.
    2. connectSCP may require a contract period longer than one (1) month at the same location for unusual construction necessary to meet special demands and involving extra costs.
  14. Service Interruptions
    1. SCP and/or connectSCP assumes no liability for interruption of Service beyond its control, including without limitation, acts of God, natural disaster, fire, civil disturbance, strike, or weather. Scheduled or unscheduled Service interruptions for maintenance, testing or other purposes may occur at any time, with or without notice. The Services do not have their own power source. You are responsible for obtaining a power source for each Service. A POWER OUTAGE AFFECTING YOUR PREMISES OR CONNECTSCP’S NETWORK MAY INTERRUPT AVAILABILITY OF SERVICES. THAT WILL ALSO RESULT IN AN INTERRUPTION IN THE AVAILABILITY OR FUNCTIONING OF DEVICES AND SERVICES THAT DEPEND ON OUR SERVICES, SUCH AS ACCESS TO 911 EMERGENCY SERVICES AND HOME ALARM OR HEALTH MONITORING DEVICES OR SERVICES. Further, SCP and/or connectSCP does not guarantee or warrant: continuous, uninterrupted or secure access to any service; that any service will be available on a specified date or time or that our network will have the capacity to meet demand during specific hours; any particular download or upload speed for any internet access service or any other characteristic of that or any other kind of service, compatibility of any service with your computers, telephone or video equipment, operating systems or software.
  15. Internet Access Speeds
    1. The internet access speeds quoted are the best-effort maximum rates by which downstream internet access data may be transferred between connectSCP facilities and the fiber gateway (the network point of demarcation) at Subscriber premises. The maximum rate is not guaranteed and may vary. The quoted speeds should not be confused with the speed at which Subscriber receives and sends internet access data through the public internet since such speeds are impacted by many factors beyond control of connectSCP. Actual internet speeds vary due to many factors, including the capacity or performance of a computer and its configuration, wiring and any wireless configuration, destination and traffic on the internet, internal network or other factors at the internet site with which Subscriber is communicating, congestion on the network, and the general speed of the public internet. The actual speed may affect Subscriber online experience, including ability to view streaming video and speed of downloads. Except as otherwise provided by law, connectSCP reserves the right to implement network-management controls to optimize and ensure that adequate speed and data transfer is available to all internet Service Subscribers.
1.5 Network Connections & Use of Service & Facilities
  1. Demarcation Point. connectSCP Subscribers are connected to SCP’s network at a point of demarcation. The demarcation point is either outside or inside the premise and is typically the location where SCP’s network is terminated and grounded. Connection of new inside station wiring to the network shall only be made at the demarcation point. Connections of inside station wiring to the network, and any installation of Subscriber premise equipment, shall only be made at the demarcation point and shall be made in accordance with any applicable state or federal laws governing the installation and use of Subscriber premise equipment and wiring. It is the Subscriber’s responsibility to ensure its premise equipment and use of services company with any applicable federal or state laws, including but not limited to Federal Communications Commission (“FCC”) rules, the National Electric Code, and Ohio rules and regulations.
  2. Use of Subscriber Service
    1. Service is furnished on retail basis for residential or business use only. Service accounts are assigned to Subscribers only, and the Subscriber(s) in whose name the account is established will be the account owner(s) for all purposes. Account owners shall be responsible for any and all use of the subscribed service. Subscribers will cooperate with connectSCP to prevent third parties from gaining unauthorized access to services via the Subscriber’s facilities.
    2. Services must be used in compliance with applicable Service Catalog, including all applicable Company Policies. Without limiting the preceding, Subscriber shall not use services for fraudulent, abusive, unlawful, or destructive purposes or in any manner that causes interference with connectSCP’s or another Subscriber’s use of connectSCP-provided network.
    3. Services may not be resold, except as authorized in a specific Service Contract signed by authorized representatives of both the permitted reseller and connectSCP.
  3. Connection of Subscriber Premise Equipment and Wiring
    1. Except when leased from, licensed from, or otherwise provided by connectSCP, all premise equipment and wiring after the demarcation point is the property and responsibility of the property owner.
    2. Subscribers may provide and install their own Subscriber premise equipment and wiring after the demarcation point so long as no electronic or physical harm is caused to connectSCP’s network. If connectSCP determines the Subscriber premise equipment and wiring is causing or is likely to cause interference or hazard to the network, connectSCP will take such action as it deems necessary for the protection of connectSCP’s network. After notification by connectSCP of such interference or hazard, the Subscriber must discontinue such use and disconnect such premise equipment and wiring. Failure of the Subscriber to conform to this requirement may result in suspension of service and all other remedies available in equity or law.
    3. Subscribers are not permitted to physically cut, improperly terminate, substantially alter, or otherwise destroy connectSCP’s owned premise equipment and wiring.
    4. connectSCP’s network is not represented as being adapted to the use of all Subscriber premise equipment and wiring. connectSCP shall not be responsible for: (a) the through transmission of signals generated by the Subscriber premise equipment or for the quality of or defects in, such transmission; or (b) the reception of signals by the Subscriber premise equipment.
    5. connectSCP shall not be responsible to the Subscriber if changes in criteria in these Terms and Conditions or changes in any of the facilities, operations, or procedures of connectSCP render any Subscriber premise equipment and wiring obsolete or requires modification of such equipment and wiring.
    6. Where connectSCP leases, licenses, or otherwise provides equipment, such equipment is provided to Subscriber for the term of service and solely for use in connection with lawfully receiving and using service. All such equipment remains the property of connectSCP. When Service is cancelled or disconnected, the Subscriber must return any such equipment to connectSCP during regular business hours, Monday through Friday (except holidays). The equipment must be returned to connectSCP in the same condition as installed or received, except for normal wear and tear. All such equipment must be returned to connectSCP’s business office, or an alternative location designated by connectSCP at the time of cancelation or disconnection. If a Subscriber fails to return equipment at the time of cancellation or disconnection of Service, the Subscriber may be liable to connectSCP for an equipment recovery fee as set forth in Part 3 of these Terms and Conditions.
    7. The Subscriber is responsible for the maintenance and safekeeping of all equipment placed in or on the Subscriber’s premises. connectSCP has no responsibility for replacing equipment destroyed or damaged by the Subscriber’s misuse, abuse, or neglect. In the event that any equipment provided by connectSCP is destroyed, damaged (ordinary wear and tear excepted), lost or stolen while in the Subscriber’s possession, the Subscriber may be liable to connectSCP for an equipment recovery fee as set forth in Part 3 of these Terms and Conditions.
1.6 Payment for Service & Facilities
  1. Payment for Service. Unless otherwise agreed upon, all Subscribers shall pay for services and facilities monthly in advance. All bills for services not less than twenty (15) days after the bill is rendered.
  2. Application of Residence and Business Rates
    1. Residence rates apply at the following locations:
      1. In a private residence where business listings are not provided.
      2. In private apartments of hotels, rooming house, or boarding houses where service is confined to the Subscriber’s use.
      3. In college fraternity or sorority houses where individual access line service is provided.
    2. Business rates apply at the following locations:
      1. All locations that are not defined as a residence in (a) above.
      2. In any location where the listing of service at that location indicates a business, trade, or profession.
  3. Taxes or Fees Billed to Subscribers
    1. Except as otherwise expressly provided, pricing is exclusive of and Subscriber shall be solely responsible for (i) applicable taxes (excluding those on connectSCP’s net income) relating to the sale, transfer of ownership, installation, license, and the use or provision of service (ii) surcharges, recovery fees, customs clearances, fees, duties, levies, shipping charges, and other similar charges relating to the sale, transfer of ownership, installation, license, or the use or provision of the services and (iii) charges imposed in connection with local, state and federal government program costs and fees.
    2. connectSCP will bill and the Subscriber shall pay all applicable taxes and other charges and fees described above (including any associated interest and penalties resulting from Subscriber’s failure to timely pay the taxes or other charges and fees), except to the extent Subscriber provides a valid exemption certificate prior to the delivery of Services.
  4. Service Check – Subscriber Premise Equipment and Wiring and Repairs
    1. A service check will be performed when a Subscriber requests connectSCP to perform a check of its facilities up to the demarcation point.
    2. Where feasible, Subscribers will also be encouraged to unplug Subscriber Premise Equipment or disconnect all inside wiring at the demarcation point so as to self-diagnose where their wiring or equipment may be causing an out of service condition.
    3. No charges will be assessed when a service check is performed and:
      1. connectSCP determines the trouble exists on connectSCP’s side of the demarcation point; or
      2. connectSCP identifies or repairs any trouble on the Subscriber’s side of the demarcation point and the Subscriber approves connectSCP to repair problem.
    4. Charges will be assessed when a service check is performed, and the Subscriber requests connectSCP identify or repair any trouble on the Subscriber’s side of the demarcation point.
  5. Late Payment Charges
    1. All bills for which full payment has not been received or paid before the last date for timely payment may be subject to a late payment charge.
    2. Late payment charges shall be as listed in Part 3.
  6. Returned Check Charge
    1. An administrative charge may be assessed for each occasion that a check, bank draft, or electronic funds transfer item is returned unpaid to connectSCP.
    2. Returned Check charges shall be as listed in Part 3.
  7. Charges and Duration for Reconnection of Service
    1. Where service has been discontinued for non-payment of a due bill, applicable service charges as listed in Part 3 shall apply.
    2. Where service has been discontinued for the non-payment of a due bill, the Subscriber may be required to reestablish credit as defined in Section 1.3, Establishment and Maintenance of Credit.
    3. The maximum payment for restoration of service that existed prior to disconnection shall be the total past due amount, applicable nonrecurring charges and, if appropriate, an Advance Payment and Deposit as specified elsewhere in these Terms and Conditions.
    4. Most reconnections are handled remotely and occur after your payment is processed on a 24/7 basis. In the event your reconnection cannot occur automatically, manual reconnections are processed Monday – Friday, 8 a.m. – 5 p.m. (excluding holidays). A returned payment or payment attempt which cannot be processed will not stop the disconnection process.
  8. Adjustment of Charges. In the event of an adjustment of charges for overbilling or underbilling by connectSCP, a correction (refund or charge) may be made of the full amount of difference for a period not to exceed ninety days. When the period or amount for which overbilling cannot be fixed from available records, the maximum refund or credit will not exceed an estimated amount of such billing. Any request for adjustments of charges must be made to connectSCP in writing within sixty (60) days of the invoice date.
  9. Online Billing Through SmartHub: Subscriber is encouraged to complete the SmartHub registration process following the application for Services. connectSCP’s standard service does not deliver a paper bill. Monthly bills are distributed through SmartHub.
1.7 Termination or Suspension of Service
  1. Termination or Suspension. Notwithstanding any agreed or required minimum term, service may be suspended or terminated as follows:
    1. Material Breach. If Subscriber fails to perform or observe any material term or condition of service, including non-payment of charges, and such failure continues unremedied for thirty (30) days, seven (7) days for Subscriber’s failure to fulfill its payment obligations, including failure to pay a required deposit) after receipt of notice, connectSCP may terminate (or may suspend and later terminate) the affected service.
    2. Materially Adverse Impact. If connectSCP revises a Service Publication, and the revision has a materially adverse impact on a Subscriber and connectSCP does not produce a revision that remedies such materially adverse impact within thirty (30) days after receipt of notice from Subscriber, then Subscriber may, as Subscriber’s sole remedy, elect to terminate the affected service with thirty (30) days’ written notice to connectSCP, given not later than ninety (90) days after Subscriber first learns of the revision to the Service Publication. “Materially adverse impacts” do not include changes to standard pricing, changes required by governmental authority, or assessment of or changes to additional charges such as governmentally imposed costs and fees (such as USF, PICC, E911 and telecommunications relay charges).
    3. Fraud or Abuse. connectSCP may terminate or suspend an affected service immediately by providing Subscriber with as much advance notice as is reasonably practicable under the circumstances if Subscriber, in the course of breaching any applicable terms of service: (i) commits a fraud upon connectSCP; (ii) uses the service to commit a fraud upon another party; (iii) unlawfully uses the service; (iv) abuses or misuses connectSCP’s network or service; (v) interferes with another Subscriber’s use of connectSCP’s network or services; (vi) engages in unsafe, abusive or excessively disruptive conduct toward connectSCP or connectSCP’s employees or (vii) attempting to avoid the payment, in whole or in part, of any charges by any means or device (mere non-payment of billed charges will not be considered grounds for termination or suspension under this subsection (d)(vii)).
    4. Hazardous Materials/Unsafe Conditions. If connectSCP encounters any Hazardous Materials, unsafe conditions, or interference from persons, livestock, or pets at the service location, connectSCP may terminate the affected services or may suspend performance until Subscriber removes and remediates the Hazardous Materials, unsafe conditions, or interference at Subscriber’s expense in accordance with applicable law.
    5. Withdrawal of Services. connectSCP may discontinue providing a service by providing Subscriber with as much advance notice as is reasonably practicable under the circumstances where connectSCP generally discontinues providing the service to similarly situated Subscribers.
  2. Notice of Disconnection. The notice of pending disconnection required by these Terms and Conditions shall be a written notice setting forth all reasons for the notice, and the final date by which the account is to be settled or specific action taken. The notice shall be considered rendered to the Subscriber when (a) deposited in the U.S. mail with postage prepaid or (b) when sent electronically to the Subscriber contact information on file. The final date shall be not less thanseven (7) days after the notice is rendered.
1.8 Subscriber Complaints & Disputes
  1. A Subscriber or prospective Subscriber may initiate a complaint with connectSCP on any relevant matter by telephone, in person, via email, or in writing directed to connectSCP at any of its offices. connectSCP will work to resolve all complaints in a timely manner.
  2. Submission to Jurisdiction. SCP and/or connectSCP and Subscriber agree that the courts of the State of Ohio, Fairfield County, the United States District Court for the Southern District of Ohio, located in Columbus, Ohio and any appellate courts from any thereof shall have exclusive jurisdiction to enforce the terms of these Terms and Conditions and to decide any claims or disputes which may arise or result from, or be connected with, these Terms and Conditions, any breach or default hereunder, or the Services contemplated herein and any and all proceedings related to the foregoing shall be filed an maintained only in such courts. Company and Subscriber agree to unconditionally and irrevocably submit to the exclusive jurisdiction of such courts the resolution of any such claim or dispute.SCP and/or connectSCP and Subscriber hereby unconditionally and irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any dispute arising out of or relating to these Terms and Conditions or any of the Services contemplated hereby brought in any court specified in this Section, or any defense of inconvenient forum for the maintenance of such dispute. SCP and/or connectSCP and Subscriber agree that a judgment in any such dispute may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
1.9 Waiver
  1. SCP and/or connectSCP’s failure at any time to insist upon strict compliance with any of the provisions of this Agreement shall not be construed to be a waiver of such terms in the future
1.10 Acceptable Use Policy
  1. Internet Access Services are governed by connectSCP’s Acceptable Use Policy, which is included as Appendix A herein.