Policies

By signing up and installing our broadband services, including but not limited to high speed data, video or phone, including 911 and E911 services (individually and collectively "Services") provided by East Central Energy ("ECE"), doing business as ECE Fiber (collectively "ECE Fiber"), you and/or your company ("Member") acknowledge that you are at least 18 years of age and legally authorized to agree to the Terms and Conditions and billing procedures outlined below (the “Service Agreement” or “Agreement”). If a Member is not an individual but is a corporate or organized entity, the individual representative executing this Agreement represents and warrants that they have full legal authority to execute this Service Agreement on behalf of the Member. As used in this Agreement, ECE and ECE Fiber shall mean its affiliates or subsidiaries, agents, representatives, employees, directors, and assigns. As used in this Agreement, Member shall apply to the individual signing below along with the Member’s end users such as family members, employees, others living or working on the premises, guests, heirs, assigns, and representatives. By using the Services, Member understands, acknowledges, and agrees to be bound by the terms and conditions of this Service Agreement and all documents incorporated or referenced herein, as each may be amended from time to time, including without limitation the company’s Privacy Policy, and Broadband Internet Service Disclosures. Current versions of these documents may be viewed at any time online at ecefiber.com. Continued use of Services indicates that Member understands and agrees with current versions of these documents.

FIBER DROP CONSTRUCTION. ECE Fiber will place a dedicated fiber optic drop cable to each subscribing Member’s service address during our construction phase at no cost to the Member who agrees to a six-month contract for Services. Because the fiber optic drop cable could be placed several weeks prior to the fiber internet network being ready for service, ECE Fiber requires a commitment to secure drop construction. If Member decides not to subscribe to Services after the fiber optic drop cable is placed to their service address, or cancels Services before fulfilling a six-month subscription to Services, a pro-rated cancellation fee will be applied to the Member’s electric account. If Member does not have an active electric account, subscribing Member will be invoiced a cancellation charge.
SUBSCRIPTION AND PAYMENT TERMS. Member agrees to pay monthly charges in advance, including all applicable taxes and fees. Member agrees to pay any charges accumulated in arrears that may be derived from such things as toll, long distance, operator, or directory assistance calls, as well as charges for support, installation, and maintenance that may be billed after the Services are received. Charges, taxes, and fees referenced in this Agreement are subject to change and updated pricing can be viewed at ecefiber.com. Member agrees to pay for all Services provided by ECE Fiber including but not limited to charges for installation and equipment. Member will comply with, and be bound by, the existing and all future amendments, alterations, changes, or revisions of the bylaws of ECE.
SEASONAL SUSPEND PLAN. If Member received and paid for Services for at least 30 days, Member may convert to “Seasonal Suspend Plan.” Seasonal Suspend Plan is available for either internet or voice Services, or both. While on Seasonal Suspend Plan, download and upload speeds will be reduced to 5 Mbps, voice services, including 911, are temporarily suspended. Member must receive the Seasonal Suspend Plan for a minimum of 60 consecutive days, but no longer than a maximum of 180 consecutive days in any 12-month period. The monthly Services fee for billing periods in which Member switches in and out of the Seasonal Suspend Plan will be pro-rated to reflect the difference between the fee for Services and the fee for the Seasonal Suspend Plan. Equipment and other Services are billed at regular rate while on Seasonal Suspend Plan. Member will automatically be restored to previous Services plan if Member has exceeded 180 days within any 12-month period.
SMARTHUB. Member is required to complete the account management and online payment portal SmartHub registration process following in-home installation. Monthly bills will be distributed and available through SmartHub. Members may elect to receive a paper bill for a monthly fee. Members are encouraged to use the Auto Pay program to ensure regular and timely delivery of monthly payments. Failure to receive notifications does not preclude Member from owed charges and other fees. Member is responsible for updating email and phone numbers to ensure delivery of notifications.
LATE/OTHER CHARGES AND SECURITY DEPOSIT. Member understands and gives permission for ECE Fiber to check the applicant's credit history and identity. Member understands that ECE Fiber may require a security deposit and/or assess penalty fees and/or finance charges for monthly charges not paid by stated due date. The penalty fee and/or finance charges are a reasonable estimate of costs to manage past due accounts. If Services are disconnected, ECE Fiber may impose a reconnect charge and/or security deposit, in addition to collecting any outstanding balance, including any fees, before Service is restored. If Member’s check is returned for insufficient funds, ECE Fiber may impose a service charge based on the fee schedule. Further, Member understands and agrees that ECE Fiber may charge the bank account or credit card on file any time the account becomes past due, in accordance with applicable law. If Member has not paid amounts due within 30 days of the due date, all legal methods may be used to collect amounts due. Member agrees to pay ECE Fiber for any amounts due, and all reasonable agency and attorney fees incurred, including, without limitation, court costs.
OPERATION ROUND UP®/ ECE TRUST. Operation Round Up is a voluntary program in which the Member’s monthly bill is automatically rounded up to the next highest dollar. Monthly contributions may range from $.01 to $.99. The most a member would contribute is $11.88 per year. Contributions are tax deductible and are used to provide financial assistance to non- profit activities and community projects in accordance with the established ECE Trust Board funding guidelines.
COMMUNICATIONS, DISCLOSURES, AND NOTICES. ECE Fiber will send out all communications, disclosures, and notices (billing notices, disconnect notices, payment reminder notices, changes in terms of services notifications, etc.) in electronic form for any products, Services and/or accounts that Member had or applies for, either now or in the future. Member agrees to keep Member’s email address current with ECE Fiber. Should an email be deemed undeliverable by ECE Fiber, ECE Fiber will attempt to contact Member through reasonable means as determined by ECE Fiber. Member may withdraw consent to receive electronic communications or update Subscriber's email address by managing SmartHub notifications.
BILLING ERRORS, PARTIAL PAYMENTS , AND COLLECTIONS. ECE Fiber can be contacted at 1-800-254-7944 for billing inquiries or to dispute charges. Member must contact ECE Fiber within 60 days of receiving the statement on which the error or problem appeared. ECE Fiber will not pay interest on any overcharged amounts later refunded or credited to Member’s account. Upon receiving a valid tax exemption form, taxes will not be charged. Taxes paid prior to the receipt of a valid tax exemption form will not be adjusted. ECE Fiber may, but is not required to, accept partial payments from Member. If partial payments are made, they will be applied to amounts owed by Member starting with the oldest outstanding amount. If Member payment is marked “payment in full” or otherwise labeled with a similar restrictive endorsement, ECE Fiber may, but is not required to, accept them without waiving any rights to collect all amounts owed by the Member under this Service Agreement. If ECE Fiber chooses to use a collection agency or attorney to collect money owed to ECE Fiber or to assert any other right that ECE Fiber may have against Member, Member will agree to pay the reasonable costs of collection or other action including, without limitation, collection agency fees, reasonable attorney’s fees, and court costs.
OWNERSHIP OF EQUIPMENT - RISK OF LOSS. "Equipment" includes all Equipment installed by ECE Fiber in or on Member premises including, without limitation, inside or outside Customer Premises Equipment (CPE), Optical Network Terminals (ONT), Residential Gateway (RG), and wiring. This Equipment and other ECE Fiber property and facilities (“Equipment”) delivered to Member and/or installed on the premises to receive the Services shall remain the sole and exclusive property of ECE Fiber. Member assumes the risk of loss, theft, or damage to all Equipment at all times prior to the removal of the outside units by ECE Fiber or return of the inside units by Member. Member agrees to pay any inside Equipment lease charges associated with the Services. Upon termination of Services for any reason, Member agrees to immediately return all inside Equipment in the operating condition as when received (reasonable wear and tear excepted) directly to ECE Fiber within fourteen days of the termination. If the Equipment is destroyed, damaged, lost or stolen, or the inside unit is not returned to ECE Fiber for any reason within fourteen days of termination, including fire, flooding, storm or other incident beyond Member’s control, Member shall be liable to ECE Fiber for the full replacement cost of any unreturned or damaged Equipment. Member agrees to allow ECE Fiber access to the property, or has obtained permission from Member’s Landlord to allow ECE Fiber access, to remove any outdoor Equipment. Further, Member understands and agrees that ECE Fiber may charge the bank account or credit card on file at time of termination of Service for the cost for any unreturned or damaged Equipment, in accordance with applicable law.
TAMPERING/MISUSE/LOST/STOLEN. Member shall not alter, misuse, repair, or in any manner tamper with the Equipment or outlets or remove from the Equipment any markings or labels. Equipment cannot be removed from Member premises and used in another location. Member is responsible for the safekeeping of all Equipment. If any Equipment is destroyed, damaged, lost or stolen while in Member possession, Member shall be liable for the cost of repair or replacement of the Equipment.
TERMINATION OF SERVICE BY MEMBER. Members may terminate Services in person at ECE headquarters office in Braham, Minnesota or by calling 1-800-254-7944. Members are liable for all Services rendered by ECE Fiber up to the time the account has been de-activated and all inside Equipment has been returned. Member agrees to allow ECE Fiber access to the property to remove any outdoor Equipment. Member will not attempt to remove any outside Equipment. Member is responsible for returning inside Equipment to ECE Fiber. Further, Member understands and agrees that ECE Fiber may charge the bank account or credit card on file for any unpaid charges, the cost for any unreturned or damaged Equipment and/or contract cancellation fees, in accordance with applicable law.
THEFT OF SERVICE. The receipt of Services without authorization is a crime. Member understands that the law prohibits willful damage, alteration, or destruction of Equipment. Member may be subject to both civil and criminal penalties for such conduct. Member shall not move Equipment to another location or use it at an address other than the Service address without prior authorization from ECE Fiber.
TERMINATION OF SERVICE BY ECE FIBER. ECE Fiber will give Member seven days prior notice of a disconnection of all or part of Services, except if the disconnection is requested by Member or if Member breaches ECE Fiber’s terms of service, Acceptable Use Policy, or other disconnection for cause. If Member’s bill is not paid after notification is received, ECE Fiber may disconnect Services. Upon termination for any reason, ECE Fiber may charge additional fees on any unpaid balance. Further, Member understands and agrees that ECE Fiber may charge bank account or credit card on file in the amount of any outstanding balance, the cost for any unreturned or damaged Equipment and/or contract cancellation fees, in accordance with applicable law.
CHANGES IN SERVICE/CHARGES. ECE Fiber may change or eliminate Services and charges.
1. ECE Fiber will give Member a 30-day notice of increases or other charges, or
2. Changes to or elimination of Services in conformity with applicable law.
TRANSFER OF ACCOUNT/CHANGE OF RESIDENCE. The Services shall only be provided at the address where ECE Fiber completes installation. Member may not transfer Member’s rights or obligation to the Services to any successor tenant or occupant or to any other address without providing ECE Fiber with written consent from original Member and successor (unless previous party is deceased and, in that case, will need to provide a death certificate). Service obligations are not transferred until successor establishes membership and new ECE Fiber Broadband and VoIP Service Agreement is signed by successor Member.
SERVICE AND REPAIRS. ECE Fiber will make reasonable efforts to maintain the Services and respond to service calls in a timely manner. ECE Fiber will repair Equipment damaged due to reasonable wear and tear or technical malfunction. Physical damage to Equipment caused by intentional or negligent misuse is Member’s sole responsibility. Member is responsible to pay cost of repair or replacement.
ACCESS ON PREMISES. As a condition of receiving Services, Member grants to ECE Fiber authorization to enter premises to construct, install, maintain, inspect, replace and/or remove all Equipment necessary to provide Services. Furthermore, as the owner of the remises at which the Services are provided, Member will, upon request, grant to ECE Fiber a perpetual easement without charge to enter and to construct, install, maintain, inspect, replace and/or remove ECE Fiber’s Customer Premises Equipment (CPE), Optical Network Terminal (ONT), Residential Gateway (RG), fiber optic lines and all other Equipment necessary to provide Services to Member and others. Member, if owner, will also grant the right to remove trees and obstructions to provide clear right-of-way for all communication cable and equipment.
1. If Member is not the owner of the premise, Member warrants that they have authority to grant such access to ECE Fiber or that they have obtained the consent from the owner of the premises for ECE Fiber to install and maintain Equipment. In addition, Member agrees to supply ECE Fiber or ECE Fiber’s agent the owner's name, address, and phone number and/or evidence that the owner has authorized in writing for the Member to grant access to ECE Fiber and ECE Fiber’s agents to the premises.
2. Member will be responsible for payment of any charges assessed by ECE Fiber for visits to Member ’s premises to install, maintain, inspect, repair or remove any Services and Equipment, without limitation, in response to any difficulty caused, in whole or in part, by equipment, services or facilities not provided by ECE Fiber, for service calls at times other than normal business hours and for any non-routine installation or maintenance.
3. Member agrees to provide ECE Fiber employees and representatives with a safe working environment while on the premises, free of Hazardous Materials, 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. Member will ensure that all pets, poultry, and livestock at the location are properly restrained prior to ECE Fiber’s entry. Member will also ensure that the working environment is free from obstructions, hazards, and interference. ECE Fiber 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. If a ECE Fiber employee or representative deems the working environment unsafe in their sole discretion, Member agrees that ECE Fiber may not elect to provide any Services, including without limitation installation, repair, maintenance, support, or training services, on the premises until such premises are deemed safe by ECE Fiber
PRIOR ACCOUNTS. Member warrants that no monies are owing to ECE or ECE Fiber. If ECE Fiber finds a prior account with Member with monies owed to ECE or ECE Fiber, then ECE Fiber may apply any funds received to that prior account. Prior accounts where money is owed to ECE or ECE Fiber must be paid in full before starting Services.
WARRANTY DISCLAIMER: LIMITATION ON DAMAGES. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ECE FIBER DOES NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND/OR PERFORMANCE OF THE SERVICES IS WITH THE MEMBER.
1. ECE FIBER MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF EITHER THE EQUIPMENT OR SERVICES FURNISHED HEREUNDER.
2. LIMITATION OF LIABILITY. ECE FIBER SHALL NOT BE LIABLE TO MEMBER FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR ANY ACTS OR OMISSION ASSOCIATED THEREWITH, INCLUDING ANY ACTS OR OMISSIONS BY SUBCONTRACTORS OF ECE FIBER, OR RELATING TO ANY SERVICES FURNISHED, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND REGARDLESS OF THE CAUSES OF SUCH LOSS OR DAMAGES OR WHETHER ANY OTHER REMEDY PROVIDED HEREIN FAILS.
3. MEMBER EXCLUSIVE REMEDY. ECE FIBER’S ENTIRE LIABILITY AND MEMBER’S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES OR ANY BREACH BY ECE FIBER OF ANY OBLIGATION ECE FIBER MAY HAVE UNDER THESE TERMS AND CONDITIONS SHALL BE MEMBER’S ABILITY TO TERMINATE THE SERVICE OR TO OBTAIN THE REPLACEMENT OR REPAIR OF ANY DEFECTIVE EQUIPMENT. IN NO EVENT SHALL ECE FIBER LIABILITY TO MEMBER FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY MEMBER DURING THE PRECEDING THIRTY 30-DAY PERIOD.
4. THE PROVISIONS OF THIS SECTION CONSTITUTE AN ALLOCATION OF RISK BETWEEN THE PARTIES AND THE PRICE CHARGED MEMBER IS BASED ON SUCH ALLOCATION OF RISK. THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR ANY REASON.
MEMBER INDEMNIFICATION. MEMBER IS RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS ECE FIBER AND ITS EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS AND CONTRACTORS AND SHALL REIMBURSE ECE FIBER FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND COSTS) INCURRED BY ECE FIBER IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS AND CAUSES OF ACTION ARISING OUT OF (a) MEMBER USE OR MISUSE OF THE SERVICES OR EQUIPMENT; (b) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM MEMBER USE OF THE SERVICES OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; AND (c) MEMBER BREACH OF ANY PROVISION OF THIS AGREEMENT OR SERVICES POLICIES.
SERVICE INTERRUPTIONS. ECE Fiber assumes no liability for interruption of Services beyond its control, including, without limitation, acts of God, epidemic, pandemic or disease outbreak, natural disaster, fire, governmental acts, civil disturbance, strike, or weather.
INTERNET ACCESS SPEEDS. The internet access speeds quoted are the maximum rates by which downstream internet access data may be transferred between ECE Fiber facilities and the network interface device at Member’s premise. The maximum rate is not guaranteed and may vary. The quoted speeds should not be confused with the speed at which Member receives and sends internet access data through the public internet as such speeds are impacted by many factors beyond control of ECE Fiber. Actual internet speeds vary due to many factors including the capacity or performance of Member’s 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 Member is communicating, congestion on the network and the general speed of the public internet. The actual speed may affect Member’s on-line experience including ability to view streaming video and speed of downloads. Except as otherwise provided by law, ECE Fiber reserves the right to implement network management controls to optimize and ensure that adequate speed and data transfer is available to all internet service Members.
ACCEPTABLE USE POLICY. Member understands that use of Services is subject to ECE Fiber’s Acceptable Use Policy detailed in this Agreement, which may be amended from time to time. The most current Service Agreement can be found at ecefiber.com or by calling 1-800-254-7944. Member is responsible for complying with the Acceptable Use Policy. Member is also responsible for the action of others who may be using the Services under Member’s account. Member must respond in a timely manner to complaints concerning the Services. If ECE Fiber is alerted to, or otherwise becomes aware of, violations or potential violations of the Acceptable Use Policy, ECE Fiber will take whatever measures it deems necessary and appropriate to stop or prevent those violations.
1. Violation of Acceptable Use Policy. Violation of the Acceptable Use Policy may result in ECE Fiber taking actions ranging from a warning to a suspension of privileges or termination of Services. ECE Fiber may, but is under no obligation to, provide Member with advance notice of an Acceptable Use Policy violation via e-mail or other communication, and request that such violation be immediately corrected prior to acting. ECE Fiber reserves the right to act immediately and without notice to suspend or terminate Services in response to a court order, law enforcement, or other legal requirement that certain conduct be stopped or when ECE Fiber determines, at its sole discretion, that which the conduct may:
  1. Expose ECE Fiber to sanctions, prosecution, or civil action;
  2. Cause harm to or interfere with the integrity or normal operations of ECE Fiber networks or facilities;
  3. Interfere with another Member’s use of ECE Fiber Services or the Internet;
  4. Damage or disparage the reputation of ECE Fiber or its Services; or
  5. Otherwise present a risk of harm to ECE Fiber, its network or facilities, its Members, employees, officers, directors, agents, or other representatives.
  ECE Fiber may refer potential violations of laws to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrong, and will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake. ECE Fiber assumes no obligation to inform Member that information has been provided to law enforcement authorities and, in some cases, may be prohibited by law from providing such notice. ECE Fiber shall not be liable for any damages of any nature suffered by Member or other user or third party resulting in whole or in part from ECE Fiber exercising any of its rights under the Acceptable Use Policy.
2. Abuse of email/Spamming. Mass emailing and "mail-bombing" (sending mass email or deliberately sending excessively large attachments to one recipient) are prohibited. Business-class accounts may have different volume limitations and usage will be judged by type and use of account. Forging email headers (transmission information) is prohibited. Using another computer without authorization to send email messages or to retransmit email messages for the purpose of misleading recipients as to the origin is prohibited. Use of email to harass or intimidate other users is prohibited. Violation of the CAN-SPAM Act of 2003, or of any state or federal law regulating email, is a violation of the Acceptable Use Policy and ECE Fiber reserves the right to seek damages and other available relief against Member and/or any third parties as applicable. For purposes of this Service Agreement, such violations are determined by ECE Fiber in its sole discretion.
3. No Resale/Sharing of Services. Member is prohibited from reselling the Services or otherwise making the Services available to third parties not directly located on property, in whole or in part, directly or indirectly, unless expressly permitted by Service Agreement. Member will not make the Services available to anyone other than family and household guests. Member will not resell or redistribute, nor allow others to resell or redistribute, access to the Services in any manner, except as expressly provided in any contract for service. The limitation on resale or redistribution of access includes, but is not limited to, hosting applications such as the provision of email, FTP, HTTP, VoIP, and Telnet access. Although resale of such services is prohibited, a business class account allows for the hosting of these services for the business’s own purpose (ex: employee email, basic business website for marketing).
4. Facilitating a Violation of Acceptable Use Policy. Member is prohibited from advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate or facilitate a violation of the Acceptable Use Policy and/or any law. This includes, but is not limited to, the facilitation of the means to spam, infringe on copyrights, and pirate software.
5. Illegal Activity/Tortious Conduct. Any use of the Services to violate any local, state, or federal law or regulation also violates the Acceptable Use Policy in this Service Agreement. Prohibited activities include, but are not limited to:
  1. Transmitting any defamatory, libelous, fraudulent, deceptive, indecent, offensive, or obscene materials;
  2. Using the Services to deliver spyware, or secretly or deceptively obtain the personal information of third parties (e.g., phishing);
  3. Intentionally spreading computer viruses;
  4. Exporting software or technical information in violation of U.S. export control laws;
  5. Gaining, or attempting to gain, unauthorized access to private networks;
  6. Engaging in the transmission of pirated software, movies, music, etc.;
  7. Unauthorized copying, distribution or display of copyrighted material, along with the illegal use of copyrighted torrents, Usenet, and other P2P sharing software;
  8. Conducting or participating in illegal gambling;
  9. Soliciting for illegal pyramid schemes through e-mail or Usenet postings;
  10. Violating rules, regulations, and policies applicable to any network, server, computer database, web site, or ISP that Member accesses through the Services;
  11. Threatening, harassing, abusing, or intimidating others;
  12. Engaging in activity, illegal or not, that ECE Fiber determines in its sole discretion to be harmful to its subscribers, operations, or networks;
  13. Making fraudulent offers of products, items, or services; or
  14. Creating or attempting to utilize a domain name that is defamatory, fraudulent, indecent, offensive, deceptive, threatening, abusive, harassing, or which damages the name or reputation of ECE Fiber.
6. Third Party Rules. Member may have access through the Services to search engines, subscription Web services, chat areas, bulletin boards, Web pages, Usenet, social networking sites or other services that promulgate rules, guidelines, or agreements to govern their use. Failure to adhere to any such rules, guidelines, or agreements shall be a violation of this Service Agreement. ECE Fiber reserves the right not to accept a posting from newsgroups where there is actual knowledge that content of the newsgroup violates the Acceptable Use Policy.
7. Network Management. As permitted by law, ECE Fiber may establish appropriate limitations on bandwidth, data storage, or other aspects of the Services by amending this Service Agreement. Subscribers must comply with all such limitations prescribed by ECE Fiber. These network management practices are further outlined on ECE Fiber’s website at ecefiber.com.
8. Security. Member assumes all responsibility and liability for the security of information on personal devices, including but not limited to computer, and information transmitted or received through the Services. ECE Fiber assumes no responsibility and disclaims any liability for the security of any information on Member personal devices, or the security or accuracy of any information or data transmitted or received through the Services. ECE Fiber has no responsibility and disclaims any liability for unauthorized access by third persons to Member personal devices, files, or data or any loss or destruction of files or data.
  
  It is Member’s responsibility to ensure the security of network and the equipment that connects to the Services. Member is required to take all necessary steps to secure and manage the use of the Services in such a way to assure that network abuse and/or fraudulent activity is prevented. Violations of system or network security may result in criminal and/or civil liability. Failing to secure system against abuse or fraudulent activity is a violation of this Service Agreement. Member is responsible for configuring and securing network and the Services to prevent unauthorized access to Member’s systems and/or the ECE Fiber network. Member is also responsible for any fraudulent activity that may occur due to failure to secure network and the Services. Member will be responsible if unknown third parties utilize the Services at any time for the purpose of illegally distributing licensed software, engaging in abusive behavior, or engaging in any type of fraudulent conduct. Member may not, through action or inaction (e.g., failure to secure network), allow others to use network for illegal, fraudulent, or inappropriate uses, and/or any other disruptive, provoking, or abusive behavior that is in violation of these guidelines.
  
  If applicable, a password provides access to individual accounts. It is Member’s responsibility to keep passwords secure. Member is responsible for all access to or use of the Services through the account. Attempting to obtain another Member's account password or gain unauthorized access to another Member’s account is prohibited.
9. Responsibility for Content. Member is responsible for any content offered or received through the Service.
10. Web Hosting and Data Center Hosting Surveillance. ECE Fiber performs routine surveillance of its networks in connection with its web hosting, data center hosting, and related services. Although ECE Fiber will not, as an ordinary practice, proactively monitor activities for violations of this Service Agreement, there may be instances in which ECE Fiber, through its routine surveillance, finds violations of the Acceptable Use Policy, and reserves the right to take whatever action it deems appropriate in its sole discretion.
11. Copyright Infringement. ECE Fiber complies with the Online Copyright Infringement Liability Limitation Act of 1998. 17 USC 512 (“Act”). As required by the Act, ECE Fiber has a policy that reserves its right to terminate Services to subscribers who repeatedly infringe copyrights. If ECE Fiber receives a notice that any Member has infringed another’s copyright through the use of its system or network, ECE Fiber reserves the right to terminate Service to that Member after receiving notice of any further copyright infringement by that subscriber. ECE Fiber accommodates and does not interfere with standard technical measures to identify and protect copyrighted works, subject to the limitations of the Act. Notices and counter-notices related to claimed copyright infringements should be directed via email to [email protected] or to the following designated agent/:
  East Central Energy
  Attn: ECE DMCA Designated Agent
  PO Box 39
  412 Main Ave N
  Braham, MN 55006
VOICE 911/E 911 SERVICE USE AND SECURITY SYSTEM DISCLAIMER, LIMITATIONS AND LIMITATION OF LIABILITY.
1. PLEASE READ THIS INFORMATION REGARDING 911 VERY CAREFULLY. BY ACTIVATING AND PAYING FOR THE ECE FIBER PHONE SERVICE, MEMBER ACKNOWLEDGES AND AGREES TO THE LIMITATIONS OF ECE FIBER BROADBAND 911 EMERGENCY DIALING SERVICE, AND UNDERSTANDS THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 OR E911 CALLS.
2. Member understands and acknowledges that access to ECE Fiber’s Phone Service may be lost, or the Service may not function properly, including the ability to call for 911/E911 service under certain circumstances, including but not limited to, the following:
  1. ECE FIBER NETWORK OR FACILITIES ARE NOT OPERATING;
  2. BROADBAND CONNECTION IS LOST;
  3. MEMBER IS EXPERIENCING A POWER OUTAGE;
  4. ELECTRICAL POWER TO THE OPTICAL NETWORK TERMINAL (ONT) IS INTERRUPTED; and
  5. MEMBER FAILURE TO PROVIDE A PROPER SERVICE ADDRESS OR MOVING THE SERVICE TO A DIFFERENT ADDRESS. Member understands and acknowledges that for 911/E911 calls to be properly directed, ECE Fiber must have current service address and if Services are to a different address without ECE Fiber approval, 911/E911 calls may be directed to the wrong emergency authority, may transmit the incorrect location address for responding or the ECE Fiber Phone Service (including 911/E911) may fail altogether. Member is required to notify ECE Fiber of any change of address of the voice enabled advanced modem for 911/E911 calling service to work properly. Member agrees that, to the maximum extent allowed by law, ECE Fiber shall have no liability for any damages caused, directly or indirectly, by Member’s inability to access the Services, including the ECE Fiber Phone and 911/E911 services.
3. MEMBER AGREES TO DEFEND, INDEMNIFY, AND HOLD ECE FIBER HARMLESS FOR DAMAGES, CLAIMS, LAWSUITS, AND/OR DEMANDS RELATIVE TO ANY FAILURE IN THE 911 SERVICE OR SECURITY SYSTEM FUNCTION.
4. Most of ECE Fiber’s Members in the U.S., including Alaska and Hawaii, have access to basic 911 or Enhanced 911 (E911) service. E911 service is available for all U.S. Members who register a valid E911 service and address.
5. With E911 service, when 911 is dialed from Member’s home, the Member’s telephone number and registered address is simultaneously sent to the local emergency center assigned to Member’s location, and emergency operators have access to the information they need to send help and call Member back if necessary. If Member lives in locations where the emergency center is not equipped to receive Member’s telephone number and address, Member has basic 911. With basic 911, the local emergency operating answering the call will not have Member’s call back number or Member’s exact location, so the caller must be prepared to give them this information. Until the caller gives the operator Member’s phone number and location, they may not be able to call back or dispatch help if the call is not completed or is not forwarded, is dropped or disconnected, or if the caller is unable to speak.
6. As additional local emergency centers become capable of receiving ECE Fiber Members’ telephone number and address information, Members will need to register a valid E911 service address to upgrade the service to E911. ECE Fiber will not inform Member that the new local emergency centers have been added. If Member’s address is not covered by E911 service, ECE Fiber advises Member to attempt to register Member’s address periodically to determine if a new local emergency center has been added to Member’s area.
7. Certain Members do not have access to either basic 911 or E911 because there are no local emergency centers in their area, or the Member did not register for an E911 service address. If Member does not have access to basic 911 or E911, Member’s 911 call will be sent to the national emergency call center. A trained agent at the emergency call center will ask for the name, telephone number and location of the Member calling 911, and then contact the local emergency center for such Member to help.
8. Emergency personnel do not receive Member’s phone number or physical location when Member’s 911 call is routed to a national emergency call center. Therefore, Member must be prepared to give the operator Member’s phone number and location and any other information that the operator might request. Member authorizes the national emergency call center to disclose Member’s name and address to the third party or parties involved with providing emergency services to Member, including, without limitations, call routers, call centers, and local emergency centers.
9. Member is responsible for informing any household residents, guests, and other third persons who may be present at the physical address where Member utilizes the 911 service of the important differences in and limitations of 911 service as compared with traditional 911 land line or cell phone service.
10. The documentation that accompanies each piece of Equipment Member may purchase or lease will include a sticker concerning the potential non-availability of basic 911 or E911 (the "911 Sticker"). If Member does not purchase or lease equipment from ECE Fiber, ECE Fiber will send Member one or more 911 Stickers. It is Member’s responsibility to place the 911 Sticker as near as possible to phone that Member uses with the service. If Member did not receive a 911 Sticker with Member’s Equipment, or Member requires additional 911 Stickers, please contact ECE Fiber’s Member Services Department at 1-800-254-7944 for more stickers at no additional cost.
11. For each primary phone number that Member uses for the phone service, Member must register with ECE Fiber the physical location where Member will be using the phone service. When Member moves to a different location, Member must register Member’s new location. If Member does not register Member’s new location, any 911 calls Member makes using the 911 service may be sent to an emergency center near Member’s old address. Member must register Member’s initial location of use when Member subscribes to ECE Fiber phone service. Thereafter, Member may register a new location. For purposes of the 911 service, Member may only register one location at a time for each primary phone line Member uses with the service.
12. The 911 service does not function if Member changes Member’s phone number or if Member adds or ports new phone numbers to Member’s account, unless and until Member successfully registers Member’s location of use for each changed, newly added, or newly ported phone number and receive confirmation from ECE Fiber.
13. Member acknowledges and understands that the phone service, a properly functioning security system, and the 911 service requires both a power supply and a fully functional broadband connection to the Internet and that, accordingly, in the event of an outage of, or termination of broadband service with or by Member’s Internet Service Provider ("ISP") and/or broadband provider, the phone service and the 911 service will not function and the Member’s security system will not function properly. If there is an interruption in either the power supply and/or an ISP/broadband outage, the phone service and 911 service will not function, and the Member’s security system will not function properly, until the power supply is restored and/or the ISP/broadband outage fixed. Equipment related to the phone service and security system may need to be reset or reconfigured.
14. Member acknowledges, agrees, and understands that ECE Fiber is not responsible for any service outage related to the loss of electrical power, connectively, suspension, or termination by Member’s broadband or ISP, the blocking of ports by Member’s broadband or ISP, suspension, or termination of Member’s ECE Fiber broadband services/account or any failures resulting from local or national disasters.
15. MEMBER ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT NEITHER ECE FIBER NOR ITS SUPPLIERS, AGENTS, REPRESENTATIVES, EMPLOYEES, DIRECTORS, HEIRS, SUBSIDIARIES, ASSIGNS, AND AFFILIATES AND ANY OTHERS THAT FURNISH SERVICES TO MEMBER, WILL BE LIABLE FOR ANY DAMAGE, WHETHER PERSONAL PROPERTY OR PERSONAL INJURY, INCLUDING DEATH, ARISING FROM OR RELATING TO THE PHONE SERVICE OR 911/E911 SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY OUTAGE AND/OR THE INABILITY TO DIAL 911 OR E911 USING THE ECE FIBER SERVICES OR TO ACCESS EMERGENCY SERVICE PERSONNEL DUE TO THE CHARACTERISTICS AND LIMITATION OF THE ECE FIBER SERVICES.
16. MEMBER AGREES TO DEFEND, INDEMNIFY, AND HOLD ECE FIBER AND THEIR SUPPLIERS, AGENTS, REPRESENTATIVES, EMPLOYEES, DIRECTORS, HEIRS, SUBSIDIARIES, ASSIGNS, AND AFFILIATES AND ANY OTHERS WHO FURNISH SERVICES TO MEMBER IN CONNECTION WITH THIS AGREEMENT, HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES {INCLUDING, BUT WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) BROUGHT BY, OR ON BEHALF OF, MEMBER, OR ANY THIRD PARTY RELATING TO OR ARISING OUT OF THIS AGREEMENT, AS A RESULT OF THE PHONE SERVICE, ANY MEMBER SECURITY SYSTEM, AND/OR THE 911/E911 SERVICE, THE FAILURE OR OUTAGE OF THE PHONE SERVICE, ANY MEMBER SECURITY SYSTEM NOT OPERATING, ANY MEMBER SECURITY SYSTEM NOT OPERATING PROPERLY, THE 911/E911 SERVICE, INCLUDING, THOSE THAT HAVE SUFFERED OR CLAIM TO HAVE SUFFERED ANY DAMAGES RELATED TO THE 911/E911 SERVICE, INCLUDING 911/E911 DIALING AND/OR INABILITY OF MEMBER OR ANY THIRD PERSON OR PARTY OR USER OF THE PHONE SERVICE OR THE 911/E911 SERVICE TO DIAL 911/E911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL.
17. ECE FIBER, AND THEIR RESPECTIVE SUPPLIERS DO NOT HAVE ANY CONTROL OVER WHETHER, OR THE MANNER IN WHICH, CALLS USING THE 911/E911 SERVICE ARE ANSWERED OR ADDRESSED BY ANY LOCAL EMERGENCY RESPONSE CENTER. ECE FIBER, AND ITS SUPPLIERS DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE CONDUCT OF LOCAL EMERGENCY RESPONSE CENTERS AND THE NATIONAL EMERGENCY CALLING CENTER. ECE FIBER AND ITS SUPPLIERS RELY ON THIRD PARTIES TO ASSIST IN ROUTING 911/E911 SERVICE CALLS TO LOCAL EMERGENCY RESPONSE CENTERS AND TO A NATIONAL EMERGENCY CALLING CENTER. ECE FIBER AND ITS SUPPLIERS DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY IN THE EVENT SUCH THIRD PARTY DATA USED TO ROUTE CALLS IS INCORRECT OR YIELDS AN ERRONEOUS RESOLUTION. NEITHER ECE FIBER, AND ITS SUPPLIERS, NOR ITS AGENTS, REPRESENTATIVES, EMPLOYEES, DIRECTORS, HEIRS, SUBSIDIARIES, ASSIGNS, AND AFFILIATES, AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO MEMBER IN CONNECTION WITH THE TELEPHONE SERVICE AND/OR THE 911/E911 SERVICE MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, AND MEMBER HEREBY WAIVES ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATING TO THE 911/E911 SERVICE UNLESS SUCH CLAIMS OR CAUSES OF ACTION AROSE FROM ECE FIBER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
18. Member acknowledges and understands that ECE Fiber and its suppliers do not offer Lifeline service. If Member is not comfortable with the limitations of the 911/E911 Service, ECE Fiber, and its suppliers strongly recommend that Member always has an alternative means of accessing emergency service.
DIRECTORY LISTING. ECE Fiber will use its best efforts to provide directory listing information to a directory containing Member’s listing information. ECE Fiber will not be liable for the content or accuracy of any Member listing information (including, but not limited to, a failure by one or more directories to "un-publish" a number, one or more directories publishing a wrong number, one or more directories failing to publish a listing, or one or more directories publishing a listing and/or number in an incorrect directory). MEMBER AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND ECE FIBER AND ITS EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS AND CONTRACTORS, FROM AND AGAINST ANY DAMAGES, LOSSES, LIABILITIES, DEMANDS, CLAIMS, SUITS, JUDGMENTS, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF, ARISING FROM, RELATED FROM, OR RELATED TO, DIRECTORY LISTINGS AND/OR ARISING OUT OF, ARISING FROM, RELATED FROM, OR RELATED TO, ANY CLAIM OF FAILURE BY ONE OR MORE DIRECTORIES TO "UN-PUBLISH" A PHONE NUMBER, ONE OR MORE DIRECTORIES PUBLISHING A WRONG NUMBER, ONE OR MORE DIRECTORIES FAILING TO PUBLISH A LISTING, OR ONE OR MORE DIRECTORIES PUBLISHING A LISTING, INACCURATE USE OF THE MEMBER LISTING INFORMATION, AND/OR NUMBER IN AN INCORRECT DIRECTORY.
BATTERY BACKUP REQUIREMENTS. Backup power for Services to continue to function is necessary during power outages. ECE Fiber does not offer a battery backup option, but will advise Members of 24-hour backup options when Members inquire. Members should follow the detailed instructions included with any backup battery they purchase for proper use, storage, and care of the battery to ensure it will function as needed during a power outage. Storing a battery incorrectly may shorten its useful life. Environmental factors such as temperature may also shorten a battery’s useful life; storing a battery within its advised temperature range is important.
Battery Capabilities. Backup batteries for Optical Network Terminals (ONT) would allow Services to continue during a power outage. Without battery backup or an alternate backup source such as a generator, Members will not be able to use Services during an outage. Voice emergency calls to 911 will not function. Home security services, medical monitoring devices, and other equipment will not run on a home phone backup battery.
TROUBLESHOOTING. Contact ECE Fiber technical support 24/7 for service issues at 1-800-254-7944 relating to ECE Fiber’s internet and telephone services. ECE Fiber may use a third-party company to provide support and technical assistance. Members who are unable to resolve issues after hours may be required to wait until the following business day for service resolution.
COMPLIANCE WITH AGREEMENT. ECE Fiber reserves the right to suspend performance or terminate Services for the breach of any of the terms and conditions of this Agreement or policies related to the Services at any time for any reason.
SECURITY SYSTEM. It shall be the Member’s sole responsibility to inform ECE Fiber, in writing and prior to installation of the Services, of any security system located on the Member’s premises. If the Member fails to inform ECE Fiber of any security system, the Member waives all claims, suits, judgments, and/or causes of action that arise out of, arise from, and/or are related to the Member’s security system.
MISCELLANEOUS. The Service Agreement, including Supplemental Terms and Conditions for VoIP Phone Service, as applicable, represents the entire agreement of the Parties with respect to the subject matter hereof and supersedes all other agreements, written or oral, between the Parties relating to the Services. Any modification to this Service Agreement can occur anytime and be made available at ecefiber.com. No term or provision herein shall be waived, and no breach or default excused, unless such waiver or consent is in writing and signed by the Party to which it is attributed. No consent by a Party to, or waiver of, a breach or default by the other, whether expressed or implied, shall constitute a consent to or waiver of any subsequent breach or default.
SEVERABILITY AND COUNTERPARTS. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term, provision of this Agreement, invalidate, or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement to affect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transaction contemplated hereby be consummated as originally contemplated to the fullest extent permitted under applicable Law. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission (to which a signed PDF copy is attached) will be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
GOVERNING LAW. This Agreement is governed by and construed in accordance with the internal Laws of the State of Minnesota, County of Isanti without giving effect to any choice or conflict of law provision or rule (whether the state of Minnesota or any other jurisdiction) that would cause the application of Laws of any other.
ATTORNEY FEES. Member shall pay to ECE Fiber all attorney’s fees and court costs reasonably incurred to enforce this Agreement.
RIGHT TO MODIFY. ECE Fiber reserves the right to modify the Agreement without prior notification or authorization by Member. The most recent version of the Agreement will be maintained on ecefiber.com. Member’s continued use of the Services confirms Member’s agreement to the updated terms. Modification of the Agreement does not waive the rights of the Member under the Agreement; however, Member may terminate Services and be responsible for all incurred charges, subject to any terms of contracts that were provided as a condition of service that have not expired.

BY EXECUTING BELOW, MEMBER UNDERSTANDS AND AGREES WITH ALL TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. FURTHER, MEMBER UNDERSTANDS THE SERVICES REQUIRE ACTIVE ELECTRIC SERVICE AT MEMBER’S LOCATION AND IF AN ELECTRICAL SERVICE OUTAGE OCCURS, THE SERVICES, INCLUDING ALL VOICE SERVICES, IN ELECTED, MAY NOT FUNCTION.

THIS IS AN IMPORTANT CONTRACT DOCUMENT. PLEASE RETAIN THIS AND ALL ACCOMPANYING DOCUMENTS AND STORE THEM WITH OTHER IMPORTANT PAPERS.

Acknowledgements:

I acknowledge if I have received fiber drop construction to my location and I do not activate Service within 60 days of the completion of construction, I will be charged a cancellation charge of $600, plus taxes. If I have activated Service and I cancel prior to fulfilling my six-month service requirement, this cancellation charge will be pro-rated, based on months billed and paid.

I acknowledge if I cancel my internet installation appointment within 48 hours of the scheduled date and time, or miss the appointment altogether, I will be charged a cancellation fee.

I acknowledge I will be billed in advance for Services listed on my first billing statement, including prorated charges from the date of install to the generation of the first bill. Furthermore, I understand that my selection of Services will be reflected on the first bill and any discrepancies are my responsibility to notify ECE Fiber immediately to modify, change, or add Services that were requested at the time of the Service being initiated.

I acknowledge if Services are terminated, for any reason, I will return all inside Equipment to ECE Fiber within fourteen days of termination. If Equipment is not returned within fourteen days, I will be charged $250, plus taxes.

Consistent with the Federal Communications Commission’s Open Internet and Net Neutrality Rules, East Central Energy provides this information about ECE’s fiber broadband high-speed Internet access services. All Internet service providers are required to publicly disclose information about their network management practices, performance characteristics, and terms of service. This information is provided so that current and prospective members, third-party content providers, and other interested parties, can make informed choices regarding their broadband Internet services.

We welcome questions or comments about this information and can be contacted at:

ECE Fiber

412 Main Ave. N.

PO Box 39

Braham, MN 55006

1-800-254-7944

[email protected]

Network Practices

General description

If any information found within the policies and agreements is inconsistent with this network management disclosure, this disclosure controls. ECE Fiber provides a variety of fiber broadband high-speed Internet service offerings to residential and business members. We provide service over our broadband network and through third parties’ fiber optic lines connecting to the Internet. We also contract with one or more companies for certain network monitoring and management services. We monitor network and traffic patterns and make changes we deem necessary to manage and improve overall network performance. We use reasonable, nondiscriminatory, network management practices to improve overall network performance to ensure a high-quality online experience for all users. Our network management practices do not throttle, target, or block any lawful specific content, application, service, or device. As network management issues arise and as technology develops, we may employ additional or new network management practices. We will update these disclosures as necessary.

Related documents and disclosures

Use of ECE Fiber’s broadband high-speed Internet service is also governed by the ECE Fiber Service Agreement, Acceptable Use Policy, and the East Central Energy Privacy Policy.

Congestion Management

ECE Fiber uses various tools and techniques to manage and monitor its network, deliver its service, and ensure compliance with the Acceptable Internet Use within the Service Agreement. Without effective network management, members would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks or degradations of the service.

ECE Fiber uses quality of service (QoS) to separate data types and may prioritize them at different levels. For example, voice calls may be prioritized over general Internet traffic. Our congestion management practices potentially affect all network traffic, but do not target any specific content, application, service, or device.

Prioritization

ECE Fiber does not prioritize any traffic to benefit any party or affiliate, in exchange for consideration, monetary or otherwise.

Application-Specific Practices

ECE Fiber uses industry standard tools and generally accepted best practices and policies to help meet its member commitment.

Device Attachment Rules

ECE Fiber places no general restrictions on lawful devices that a member may connect to our network, so long as the device is compatible with our network and does not harm our network or other users. Our fiber broadband Internet service works with most types of PCs and laptops, including Macs, and other Internet-compatible devices like gaming systems and Internet-enabled TVs. If a wireless router is connected to the service, wireless Internet compatible devices including computers, tablets, smartphones, and other devices can connect to our network. If a member or potential member believes that they have an unusual configuration, contact us and we will help determine if there is a compatibility issue.

Fiber-To-The-Home (FTTH) equipment

We install Optical Network Terminals (ONTs) at the members’ premises to enable use of our broadband high-speed Internet service delivered via our FTTH network.

Network and End User Security

The following provides a general description of the practices we use to maintain the security of our network.

Hostile port blocking: We may identify and block known hostile ports to prevent unwanted files, browser hacking, and virus attacks.
Hostile IP blocking: We may identify and block known hostile IP addresses to prevent DDoS attacks, infrastructure hacking attempts, and malicious attacks on members.
Virus and spam filtering: Network management activities may include identifying spam, detecting malicious Internet traffic, and preventing the distribution of viruses or other harmful code or content.
Other tools and techniques may be implemented to meet our goal of delivering the best possible broadband Internet experiences to all members.

Data usage

ECE Fiber has not established a monthly data usage cap for its members. We do, however, monitor usage. We regularly review accounts with uncommonly high usage relative to all other accounts to ensure such accounts have not been subjected to cloning, unauthorized access, other security breaches, or unlawful activity. As part of our review, we may contact account holders to inquire about usage and may take or require actions to correct problems such as security, class of use, or unlawful activity.

Performance Characteristics

High-speed broadband Internet service is provided via fiber connections. ONTs are installed at the member premise, and we utilize Gigabit Passive Optical Network (G-PON) FTTH technologies to deliver service to the end user. ECE Fiber provisions its ONTs, and engineers its network, to maximize members’ ability to receive the maximum speed levels for each tier of service. ECE Fiber does not, however, guarantee that a member will always achieve those speeds. ECE Fiber advertises its speeds as “up to” a specific level based on the tier of service to which the member subscribes. The actual speed a member experiences may vary based on several factors and conditions.

Performance of a member’s Internet connected device including its age, memory, processing capability, operating system, the number of applications simultaneously running, and the presence of any malware or viruses.
Type of connection between a member’s computer and modem. For example, wireless connections may be slower than direct connections into a router or modem. Wireless connections also may be subject to greater fluctuations, interference, and congestion.
The distance packets travel (round trip time of packets) between a member’s computer and its destination on the Internet, including the number and quality of the networks of various operators in the transmission path. The Internet is a "network of networks." A member’s connection may traverse the networks of multiple providers before reaching its destination, and the limitations of those networks will most likely affect the overall speed of that Internet connection.
Latency is another measurement of Internet performance and is the time delay in transmitting or receiving packets on a network. Latency is primarily a function of the distance between two points of transmission, but also can be affected by the quality of the network or networks used in transmission. Latency is typically measured in milliseconds, and generally has no significant impact on typical everyday Internet usage. As latency varies based on any number of factors, most importantly the distance between a member's computer and the ultimate Internet destination (as well as the number and variety of networks the packets cross), it is not possible to provide members with a single figure that will define latency as part of a user experience. In most cases, the actual performance of ECE Fiber’s broadband high-speed Internet service will conform to the national wireline broadband Internet speed and latency levels reported by the FCC in 2016. The FCC has reported that fiber members experience average latency delays of 13 milliseconds.
Congestion or high usage levels at the website or destination. If many visitors are accessing a site or destination at the same time, the connection will be affected if the site or destination does not have sufficient capacity to serve all visitors efficiently.
Gating of speeds or access by the website or destination. To control traffic or performance, many websites limit the speeds at which a visitor can download from their site. Those limitations will carry through to a member’s connection.
The performance of an installed subscriber-owned router. Equipment performance may degrade over time, and certain devices are not capable of handling higher speeds.
While ECE doesn't currently offer any Non-Broadband Internet Access Service/Data Services, our network is engineered so that our Broadband Services will not be impacted by any future addition of Data Services.

Commercial Terms

Pricing

Pricing information is available at ecefiber.com.

Privacy Policy

ECE Fiber maintains the privacy and security of all member network traffic in accordance with the ECE Privacy Policy.

Redress Options

Complaints can be directed to 1-800-254-7944, [email protected], or:

ECE Fiber

412 Main Ave. N. PO Box 39

Braham, MN 55006

East Central Energy (“ECE”) respects your privacy. Our policy is to protect member information. A non-disclosure agreement is required for any third party that member information is shared with. We do not make email or postal addresses, telephone numbers, or other demographic information of those who access our site available to other organizations. We collect only information we need to service your account and provide you with the best services, products, and programs. We disclose account information to account holders (name on energy bill) only. To give access to a non-account holder, please contact member services at 1-800-254-7944.

Our privacy policy covers the use of informational and promotional mailings, our commitment to data security, and how we would handle possible future changes to this policy. Please read the ECE Privacy Statement below.

You may receive periodic mailings or communications from ECE with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by sending an email to [email protected], calling 1-800-254-7944, or writing to PO Box 39, Braham, MN 55006.

We always use industry-standard encryption technologies to protect your data when transferring it to and from our website. We limit access to your data to employees who need it to service your account and to keep ECE’s services running at their highest level.

If our privacy policy changes at any time, we will post the policy changes here to notify you and, where possible, give you the chance to opt out of these new uses. Continued use of ECE’s website and online/mobile applications implies that you understand and agree with our terms and privacy policy.

Legal Notice to Users of East Central Energy's Website and Online/Mobile Applications

East Central Energy User Terms & Conditions

The following describes the terms and conditions (“Terms”) on which East Central Energy, including its affiliates or subsidiaries (collectively, “ECE”), offers you access to this website. The Terms, together with the ECE’s Privacy Policy, govern your use of this website and online/mobile applications. If you do not agree with these Terms, do not use this website and online/mobile applications. By using this website and online/mobile applications, you acknowledge that you have read, understood, and agree to be bound by these Terms and with East Central Energy (ECE) policy statements located on www.eastcentralenergy.com, “Your Cooperative”, and how they relate to member information and privacy. The term 'East Central Energy (ECE)’ or 'us' or 'we' refers to the owner of the website and online/mobile applications whose registered office is located at 412 Main Avenue North, Braham, MN 55006. The term 'you' refers to the user or viewer of this website and online/mobile applications. All ECE Board-approved policies relating to member information and privacy apply to the information contained and presented at this website and online/mobile applications.

Information presented on website and online/mobile applications

The content of the pages of this website and online/mobile applications is for your general information and use only. While every effort has been made to ensure that the information presented on this website and online/mobile applications is accurate, East Central Energy assumes no responsibility for errors, omissions, or out-of-date information and shall not be liable in any manner whatsoever for direct, indirect, special, incidental, consequential, punitive, or other damages resulting from the availability of, use of, access of, or inability to use this information. Users of this website and online/mobile applications acknowledge that such information and materials at this website and online/mobile applications may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by Minnesota and Wisconsin law.

Information on this website and online/mobile applications is the most recent available on the date it was posted. East Central Energy specifically disclaims any duty to update. East Central Energy reserves the right to modify the content of this website and online/mobile applications in any way, at any time and for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes.

This website and online/mobile application uses cookies to monitor browsing preferences. This website and online/mobile application may contain third-party information and links to other non-East Central Energy Internet sites (hereinafter "Hyperlinks"). Wherever practical, such information and Hyperlinks are marked accordingly. When you access a non-East Central Energy website and online/mobile applications, please understand that it is independent from East Central Energy, that East Central Energy has no control over the content on that website and online/mobile application, that East Central Energy specifically disclaims adoption or incorporation by reference of such information as its own, and that East Central Energy is not responsible for the privacy practices of third-party sites. In addition, East Central Energy does not endorse or accept any responsibility for the content, or the use, of Hyperlinks.

Meter data presentment description and use restrictions

This site contains information ("Data") that is automatically reported by your meter and associated equipment (the “advanced meter information" or “AMI"). ECE employed a rigorous process of evaluating the methods available for collecting and processing Data of this sort, various metering systems on the market, and the expertise and experience of meter vendors, and we therefore believe the Data to be accurate and reliable within utility standards.

However, technical limitations, human error, sampling methodology, equipment failure, and other events could cause the Data, at times, to be inaccurate or incomplete.

Furthermore, because the standard time intervals displayed on this site may not correlate exactly to the time intervals at which successful readings are received from your meter, the Data displayed may consist of, or include historical Data that was previously unavailable, averages, estimates, or cumulative totals.

Consequently, the Data on this site may not be suitable for accurately calculating your bill and it may, on occasion, provide an inaccurate or incomplete depiction of electric use during time periods when actual measurements were not received. Prior to calculating your bill, ECE will subject all Data to ECE’s quality control procedures.

The user of the Data contained herein assumes the entire risk related to its use. By accessing the Data, you agree that ECE shall not be liable for: (1) any errors, omissions, or other defects in the Data; (2) any delays or interruption in the Data (or your access to the Data); (3) any direct, indirect, incidental, consequential, special or exemplary damages or loss resulting from any use of misuse of the Data.

How you may use our materials

You may use, copy, and distribute the materials found on East Central Energy's website and online/mobile applications for individual, noncommercial, informational purposes only. Business entities may use, copy, and distribute the materials found on East Central Energy's website and online/mobile applications for internal, noncommercial, informational purposes only. All copies that you make of the material must bear any copyright, trademark, or other proprietary notice located on the website and online/mobile applications which pertains to the material being copied. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent, or other intellectual property right in the material or the products, services, processes, or technology described therein. All such rights are retained by East Central Energy, and/or any third-party owner of such rights.

How you may use our marks

The names and logos of East Central Energy and all other product and service names, design marks, and slogans, are the trademarks or service marks of East Central Energy. You are not authorized to use any East Central Energy names or marks in any advertising, publicity, or in any other commercial manner without the prior written consent of East Central Energy. You may send your request to [email protected].

DISCLAIMER OF WARRANTY

UNLESS OTHERWISE EXPLICITLY STATED ELSEWHERE ON THIS WEBSITE AND ONLINE/MOBILE APPLICATIONS, EAST CENTRAL ENERGY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, TRUTH, ACCURACY, COMPLETENESS OR SUITABILITY FOR ANY PURPOSE OF ANY OF THE MATERIALS CONTAINED ON THIS WEBSITE AND ONLINE/MOBILE APPLICATIONS. ALL INFORMATION PRESENTED ON THIS WEBSITE AND ONLINE/MOBILE APPLICATIONS IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

LIMITATION OF LIABILITY

EAST CENTRAL ENERGY SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, REFERENCING, OR DOWNLOADING THE MATERIALS CONTAINED IN THIS WEBSITE AND ONLINE/MOBILE APPLICATIONS. IN NO EVENT SHALL EAST CENTRAL ENERGY BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. EAST CENTRAL ENERGY SHALL NOT BE LIABLE FOR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROGRAMS OR DATA ON YOUR INFORMATION HANDLING OR LIKE SYSTEMS; LOSS OF BUSINESS, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE. EAST CENTRAL ENERGY SHALL NOT BE LIABLE FOR SUCH DAMAGE HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF EAST CENTRAL ENERGY, ITS AGENTS, DIRECTORS, AFFILIATES, SUBSIDIARIES, OR ASSIGNS HAD BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND ONLINE/MOBILE APPLICATIONS AND WILL NOT MAKE ANY CLAIM AGAINST EAST CENTRAL ENERGY FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, LOST PROFITS, OR THE LIKE, RESULTING FROM THE USE OF THE MATERIALS.

YOU AGREE TO HOLD EAST CENTRAL ENERGY HARMLESS FROM, AND YOU COVENANT NOT TO SUE EAST CENTRAL ENERGY FOR ANY CLAIMS BASED ON USING THIS WEBSITE AND ONLINE/MOBILE APPLICATIONS.

Internet disclosure policy

For site security purposes and to ensure that this service remains available to all users, this website and online/mobile applications may employ industry-standard methods to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.

Unauthorized attempts to upload or change information on this service are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986 and the National Information Infrastructure Protection Act.

Privacy Policy

East Central Energy Privacy Statement

East Central Energy, including its subsidiaries and affiliates (collectively “ECE”), are committed to protecting your privacy. Please read the ECE Privacy Statement below.

This ECE Privacy Statement applies to data collected by ECE through its website and online/mobile applications, as well as data collected through traditional offline sources.

Collection of personal information

As an RUS borrower and to confirm identity for capital credit refunds, ECE asks you to provide personal information, such as your email address, name, billing address, service address, home, work or other telephone numbers, birth date, Social Security Number, and ethnic group. If you choose to sign up for specific programs or services, we will ask for additional information, such as your bank, account number and routing number, that are used to establish services such as ACH bill payment.

We may collect information about your visit, including the pages you view and the links you click. We may also collect standard information that your browser sends to every website and online/mobile applications you visit, such as your IP address, browser type and language, access times and referring website and online/mobile applications addresses. ECE only uses web log information in aggregate form to enable us to make our website and online/mobile applications more useful. ECE does not collect any personal information about a routine visitor unless the visitor provides it.

Use of personal information

ECE collects and uses your personal information to maintain accurate member/account information and participation in specific programs. We also use your personal information to communicate with you. All provided contact information may be used to communicate (pre-recorded voice message, text, email, or person-to-person call) account status, cooperative information and for collection proceedings. Personal information provided for a contest or other promotion offered by East Central Energy, under the rules of the promotion, may be used to administer the promotion, such as contacting, announcing, and promoting the winners of the promotion. Personal information collected on the ECE site is stored and processed in Braham, Minnesota, at our headquarters office.

Sharing of personal information

ECE will not share your personal information with any non-affiliated entity or third-party vendor for their independent marketing or commercial purposes. ECE employees are permitted to obtain only the personal information they need to deliver service to you. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose. Personal information may also be disclosed as follows:

1. Records may be disclosed to affiliates or contractors hired by ECE to assist in carrying out operations, such as service, billing, and management functions including legal, audit, collection services, and in new product and service development.

2. Member-consumer information may be disclosed to and shared with commercial and consumer credit reporting agencies for credit-related activities (e.g., the reporting of bad debts).

3. Records may be disclosed to government regulators and other government agencies when authorized or required by law.

4. Records may also be compiled in aggregate form for ECE management activities.

5. Records may be disclosed when required by law, such as in response to a search warrant, subpoena, or court order, or to law enforcement authorities.

6. ECE may use and disclose records for investigations into employee misconduct or for law enforcement investigations related to our business.

7. We may also access and/or disclose your personal information if we believe such action is necessary to: (a) protect and defend the rights or property of ECE (including the enforcement of our agreements); or (b) act in urgent circumstances to protect the personal safety of users of ECE services, members of the public or our employees.

Accessing personal information

You have the ability to view or edit your personal information by contacting ECE at 1-800-254-7944. Arrangements will be made for you to view your information and make any necessary changes.

Security of personal information

ECE is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer systems with limited access, which are located in controlled facilities. When we transmit highly confidential information (such as a bank account or routing number) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Controlling “spam” or unsolicited email

ECE is concerned about controlling unsolicited commercial e-mail, or "spam.” ECE will not sell, lease, or rent its member address lists, including email addresses, to third parties.

Enforcement of this privacy statement and contacting ECE

ECE welcomes your comments regarding this privacy statement. If you have questions about this statement or believe that we have not adhered to it, please contact us at 1-800-254-7944 or by clicking here.

SMS Terms and Conditions

SmartHub SMS Notifications

TollFree# (855)938-3525

National Information Solutions Cooperative, herein referred to as “NISC”, along with its affiliated Members, here in referred to as “ECE”, provide subscription based messaging in the form of Short Message Service or text messaging, herein referred to as “SMS”. SMS includes the delivery of electronic communications to a mobile device owned or used by a member of ECE, herein referred to as “Member”. NISC may use automated technology to distribute messages to a mobile device directly or through the use of a 3rd party agent.

Registration

Signup for SMS Alerts through SmartHub. Member may enroll themselves in SMS notification programs to receive information from ECE about the service they receive from ECE, their billing account with ECE, or proactive information regarding service issues which may be considered emergency or non-emergency events. Enrollment in messaging is not a contract for service, and ECE may not deny nor approve service based on a member decision whether to enroll in notification programs. ECE may terminate your enrollment in notification programs at any time without consent for any reason they deem necessary.

Fees

ECE does not bill a separate charge for this service; however, message and data rates may apply from your mobile carrier. Subject to the terms and conditions of your mobile carrier, you may receive SMS sent to your mobile phone. By providing your consent to participate in this program, you approve any such charges from your mobile carrier. Charges for SMS may appear on your mobile phone bill or be deducted from your prepaid balance. ECE may send recurring messages.

Privacy Policy

NISC and ECE are committed to building user trust and confidence by promoting and complying with the use of business practices that help protect the privacy of the member and their data. NISC does not share information with 3rd parties regarding the registration, types of notifications, or any other personally identifiable information. NISC and ECE may collect certain information related to the types of notifications sent to member, analysis of the receipt of a message, and any other non-personally identifiable information deemed necessary to improve the notification service.

Discontinuation of Service and Help

Member may elect at any time to discontinue their SMS alerts by replying ‘STOP’ to (855) 938-3525 for each associated mobile number that has been registered. Alternatively, member may also unenroll from alerts through ECE’s SmartHub or Web based electronic billing application. Member may receive assistance by ECE directly, replying to SMS with the words HELP, or by e-mailing [email protected] with a description of the request.

Terms of Use

By enrolling to receive notifications, Member is responsible for all costs associated with receiving SMS. Notifications are informational only, and no warranty is provided as a result of enrolling. NISC nor ECE will be responsible for any loss or damage that could result from interception by third parties of any information made available to you via SMS. NISC nor ECE guarantees the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. T-Mobile is not liable for delayed or undelivered messages.

There are a number of telecommunications devices and/or software available for individuals with disabilities. The following is a list and description of some of these devices that are available:

B: Blind VI: Visually Impaired D: Deaf HH: Hard of hearing WS: Weak Speech SI: Speech Impaired

UMI: Upper Mobility Impaired LMI: Lower Mobility Impaired CI: Cognitively Impaired

Amplified Phone: A telephone with volume controls to adjust for loudness for persons hard of hearing. Phone can be cordless. Some models amplify from 30 dB to 50 dB. HH or D

Amplified Cell Phone: A wireless phone with volume controls to adjust for loudness for persons hard of hearing. HH or D

Big Button Telephone: A telephone with large dialing numbers, backlit numbers, braille numbers, or slots for picture inserts dialing. VI or B or UMI or CI

Bluetooth Cell Phone: A wireless phone with Bluetooth capability. HH or D

Bluetooth Compatible Phone Device: A device that enables a user’s hearing aid to work with a Bluetooth device. HH or D

Bluetooth Hub: A device that enables a landline phone to work with a Bluetooth device. HH or D

Braille Telecommunications Device: Same as TTY, but can convert the text typed and received into braille. HH or D or SI & VI or B

* Captioned Telephone: A phone that allows the user to listen on a handset and then read the other person’s response on a display. HH or D

Cordless Phone: A phone without a cord so that the user is not restricted to a single location. VI or B or LMI

Hands-Free Activated Phone: A device that allows the user to dial pre-programmed numbers and answer calls using a remote or soft touch or air switch. VI or UMI

* Hearing Carry Over: A phone that allows the user to type on a keyboard and then hear the other person’s response on a handset. SI

Lapel Microphone: A device used with Hands-Free Activated Phone to increase the loudness of user’s voice. WS & UI or WS & VI

Outgoing Voice Amplification Telephone: A phone with volume control capabilities to increase the loudness of the user’s voice. WS

Ring Signaler: A device that alerts the user of an incoming call with a light the flashes as the phone rings. HH or D

Speakerphone: A phone with a speaker built into the base. HH or VI or B or UMI or CI

Tactile Ring Signaler: A device that vibrates when the phone rings. HH or D

Talks Back Number Dialed Telephone: A telephone that vocalizes the numbers dialed. VI or B or UMI

* TTY: A device with a keyboard and display screen which can be used for text communication over a telephone line when one or more parties have hearing or speech difficulties. HH or D or SI

* Two-Way Paging Device: A text messaging device with a standard keyboard that can sends and receives wireless messages. HH or D or SI

* Voice Carry Over: A telephone that allows someone with a hearing disability to speak directly to a telephone user and then read a response on a display. HH or D

Voice Dialer: A device that allows the user to dial a pre-programmed number by a voice command. VI or B or UMI

* May require caller to place calls through a relay service.

ECE Fiber Broadband & VoIP Service Agreement

Open Internet Transparency Policy

Privacy Policy

CVAA Accessibility Devices