North Alabama Fiber – Terms of Service

Effective Date: February 13, 2026

North Alabama Fiber SMS Notifications – Terms

Original Terms of Service (Preserved)

The text below preserves the original NAEC Terms of Service language for completeness.

---

NAEC Phone, Television and Internet TERMS of SERVICE

These Terms of Service apply to Phone, Internet and related services (“Services”) delivered by North Alabama Electric Cooperative, a non-profit membership cooperative and doing business as North Alabama Electric Cooperative (“NAEC”).

The services that you receive from NAEC are subject to the terms of our Acceptable Use Policy (AUP), these Terms of Service and any Addendums (“Terms of Service”). These agreements have been provided to you in your Welcome Kit and are also available online under “Legal Notices” at www.naecoop.com.

I. PAYMENT and FEES

Payment

Payment is due within 20 days of the invoice date. Accounts unpaid more than 21 days after the invoice date may be subject to an interest charge of 5% per month and may have service terminated or disconnected. Such termination does not relieve you of your obligation to pay the amount owed. Returned checks are subject to a $25 charge. If you default on payment, you agree to pay the amount owed and reasonable expenses, including attorney fees, court costs, service fees and collection agency fees, incurred in enforcing its rights under the NAEC Internet Agreement. Monthly fees will be charged one month in advance. Monthly service charges will be pro-rated if you cancel service. You may cancel service at any time by returning the fiber equipment to 41103 US Hwy 72, Stevenson, AL 35772.

Payments may be mailed to P.O. Box 628, Stevenson, AL 35772, brought into our business office at 41103 US Hwy 72, Stevenson, AL 35772, or paid online at www.naecoop.com. NAEC also offers automatic payment services. Customers may pay their bill by using a debit or credit card. NAEC reserves the right to change monthly fees. You will be notified at least 30 days prior to any proposed change in rates.

Deposits

If you are unable to establish a satisfactory credit rating with NAEC or if your credit rating becomes impaired, you may be required to make a suitable cash deposit to be held as security for the payment of bills. These deposits shall be reviewed after one year. If a satisfactory credit rating has been established, the deposit, including interest, will be credited to the subsequent bill, or if requested by you, refunded by check. Accrued interest will be credited once a year to your account if you have not achieved a satisfactory credit rating.

Resolution of Dispute

Any dispute regarding charges to your account must be lodged within sixty (60) days of the date of the statement, or you will have deemed to have accepted the charges.

Taxes, Fees and Surcharges

State and local governments may assess taxes, surcharges and/or fees on your use of the NAEC Network and NAEC Services. These charges may be a flat fee or a percentage of your charges and may change from time to time without notice. You are responsible for all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the NAEC Network and NAEC Services.

II. SERVICE INSTALLATION

Appointments

Installation and service call appointments are scheduled in advance. If NAEC cannot meet a scheduled commitment, NAEC will attempt to notify you and reschedule the appointment for a convenient time.

Moving?

If you are moving within the same service area, NAEC will be glad to schedule an appointment to install NAEC services at your new location. Please notify NAEC at least ten (10) days prior to your move and we’ll arrange to transfer your services. Some fees and restrictions may apply.

Access to Customer Premises

From time to time, NAEC may need to enter the premises at which you will use the Services (“Premises”) in order to install, maintain, inspect, repair, and remove the NAEC Equipment or Services. Accordingly, you authorize NAEC and its employees, agents, contractors, and representatives to enter the Premises as necessary, at a time agreeable to you and us.

“Adult at Home” Policy: Our installers and technicians will not enter your home to perform any work unless a responsible adult (person 18 years old or older) is present.

III. EQUIPMENT

All equipment, including converters, terminals, and remote controls provided by NAEC are the property of NAEC and must be returned if you move or terminate your service. Your account will be charged a fee for any equipment which is not returned to NAEC at the time your service is disconnected. This charge also applies should any of the equipment be stolen from your home or returned damaged beyond the normal wear and tear.

NAEC will repair and/or replace the equipment we use to provide your services at no charge if the repair or replacement is not the result of your negligence, fault, or theft from your home. If you are experiencing problems with your service, contact your local Customer Service office at 256-437-5000. NAEC does not repair equipment owned by you, such as DVD players, telephones, modems, computers and televisions and is only responsible for bringing service to the input of such equipment.

Damage to or Failure to Return NAEC Equipment

In the event the NAEC Equipment is lost, stolen, damaged, destroyed, or otherwise not returned promptly to NAEC, you agree to pay the current replacement cost of the NAEC Equipment. We suggest that the NAEC Equipment in your possession be covered by your homeowners, renters, or other insurance. You understand that failure to pay the replacement charge will result in the matter being turned over to a collection agency and attorneys to pursue legal action.

Unauthorized Use of NAEC Equipment or Services

Unauthorized use of NAEC Equipment or Services constitutes a violation of federal and state law and a breach of this Agreement. NAEC will press charges against all violators. You will be liable for all unauthorized use of the Services and for any and all stolen Services.

Service and Maintenance Procedures

In the event of a problem with your Service or NAEC Equipment, you should contact NAEC Customer Service at 256-437-5000. Depending on the nature of the problem, we may at our option schedule an appointment for our Service Technician to visit your service location, usually by the next business day. NAEC does not charge for service calls if NAEC Equipment caused the problem.

Limitation of Liability; Indemnification; No Warranties

No Warranties

THE NAEC EQUIPMENT AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE NAEC PARTIES NOR THEIR SERVICE PROVIDERS WARRANT THAT THE NAEC EQUIPMENT OR THE SERVICES WILL MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR, OR THAT THEY WILL NOT INTERFERE WITH OTHER THIRD-PARTY EQUIPMENT OR SERVICES. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF PERFORMANCE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY EXCLUDED.

Limitations on Liability for Malfunctions and Intellectual Property Claims

EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, IN NO CIRCUMSTANCE AND UNDER NO LEGAL THEORY SHALL THE NAEC PARTIES OR THEIR SERVICE PROVIDERS HAVE ANY LIABILITY TO YOU OR TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, OR PERSONAL INJURIES (INCLUDING DEATH), RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, THE INSTALLATION, SELF-INSTALLATION, MAINTENANCE, FAILURE, REMOVAL, OR USE OF THE SERVICES.

Limitations on NAEC’s Liability for Customer Equipment and Software

Customer Equipment may be damaged or suffer service outages as a result of the installation, use, inspection, maintenance, repair, and removal of the NAEC Equipment and the Services. Except for gross negligence or willful misconduct by us, none of the NAEC Parties shall have any liability whatsoever for any damage, loss, or destruction to the Customer Equipment. In the event of gross negligence or willful misconduct by NAEC, we shall pay at our sole discretion for the repair or replacement of the damaged parts up to a maximum of $250.

Limitations on NAEC’s Liability for Third Parties

You acknowledge and understand that we may use third parties to provide components of the Services, including without limitation their services, equipment, and infrastructure (“Service Providers”). NAEC is not responsible for the performance or non-performance of third-party services, equipment, or infrastructure, whether or not they constitute components of the Services.

Customer’s Indemnification of NAEC

EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD THE NAEC PARTIES AND THEIR SERVICE PROVIDERS, HARMLESS FROM CLAIMS OR DAMAGES RELATING TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR YOUR AND YOUR USERS’ USE OF THE SERVICES OR ANY NAEC EQUIPMENT.

Service Interruptions Due to Technical Malfunctions and Force Majeure Events

In the event of complete failure of a Service due to technical malfunction for 24 consecutive hours or more, you are entitled to a prorated credit upon request. To qualify for a credit, you must request it within 30 days of the failure. THE FOREGOING IS YOUR SOLE REMEDY FOR A SERVICE INTERRUPTION.

Home Wiring

The following notice will serve to inform you of your options regarding the home wiring located within your dwelling that is used to provide cable service. Pursuant to FCC regulations, all customers are given the option to acquire the home wiring within their dwelling unit upon termination of cable service. However, even prior to termination of cable service, we allow our customers to remove, replace, rearrange, repair or maintain any cable wiring located within the interior space of the customer’s dwelling unit so long as such actions do not interfere with our ability to meet FCC technical standards or to provide services to you or your neighbors.

IV. SERVICE DISCONNECTION

You may request that your services be disconnected at any time. NAEC will schedule a disconnect appointment for you, or you may come to our cable office to return any NAEC equipment (converter boxes/remote controls/modems). Unless otherwise provided by applicable law, billing for any disconnected services will stop on the date that the service disconnection takes effect and all equipment is returned. If you have entered a service contract to receive discounted pricing, you will be subject to an early termination fee if you disconnect your service before the end of your contract term.

V. CUSTOMER OWNED and/or PROVIDED EQUIPMENT

Any customer-owned or provided equipment that you use in connection with the Services (except equipment purchased from NAEC) (“Customer Equipment”) must meet NAEC’s current minimum technical and other requirements.

NAEC shall have no obligation to provide, maintain, or service Customer Equipment. You agree to allow us the rights to send software and/or downloads to Customer Equipment and install, configure, maintain, inspect and upgrade the Customer Equipment.

National Do Not Call List: If you would like to add or remove your number from the National Do Not Call List, you may do so by calling 1-888-382-1222 or online at www.donotcall.gov.

VI. SPECIFIC PROVISIONS REGARDING VIDEO SERVICES

NAEC provides customers with a wide selection of programming choices. All customers must subscribe to Basic service to access other programming choices, including tiers of service and services offered on a per program or per channel basis.

Unless otherwise provided by applicable law, NAEC will notify you 30 days in advance of any price or service change. Notice of these changes may be provided on your monthly bill, as a bill insert, as a separate mailing, or through other written means.

If you have a complaint about your service, billing, or terms and conditions of service, you may call us directly at 256-437-5000.

VII. SPECIFIC PROVISIONS REGARDING INTERNET SERVICES

Prohibition from Unlawful Use

You may use the Services for lawful purposes only. You may not submit or transmit through the NAEC Network or via any NAEC Service any material, or otherwise engage in any conduct that:

1. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or contains explicit or graphic descriptions or accounts of sexual acts;
3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. impersonates any person, business or entity, including and its employees and agents;
5. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
7. violates these Terms of Service, the Acceptable Use Policy guidelines or any policy posted on the NAEC Network; or
8. interferes with the use of the NAEC Network or any NAEC Service by others.

VIII. SPECIFIC PROVISIONS REGARDING PHONE SERVICES

If you purchased service under a residential plan, we reserve the right to immediately disconnect or modify your access to the NAEC Network or any NAEC Service if we determine, in our sole and absolute discretion, that your use of the NAEC Network or any NAEC Service is, or at any time was, inconsistent with normal residential usage patterns.

Emergency 911 Access

Our NAEC Voice (VoIP) phone service is electrically powered, and phone service, including access to emergency 9-1-1 and home security services, may not operate in the event of an electrical power outage. If a power outage occurs in your home, your NAEC equipment is equipped with a battery, which may enable back-up service for a limited period.

Important 911 Notice: You may not move your equipment to a new address. If you do so, Enhanced 9-1-1 services will not operate properly as emergency operators will be unable to accurately identify your location in an emergency. If you would like to establish service at a new address, you must call NAEC.

IX. MISCELLANEOUS

How to Contact NAEC: For any inquiries or notices required in connection with this Agreement, you may contact us in writing at NAEC Customer Service, P.O. Box 628 Stevenson, AL 35772, or by calling our customer service line at 256-437-5000 during normal business hours.

X. PRICING

You can find more information about pricing for the Services by calling NAEC at 256-437-5000. Pricing of Services may change from time to time.

XI. ARBITRATION

EXCEPT FOR (i) CLAIMS FOR INJUNCTIVE RELIEF; (ii) CLAIMS BROUGHT BY NAEC RELATED TO UNPAID CHARGES FOR THE SERVICES OR NAEC EQUIPMENT; OR (iii) CLAIMS BROUGHT BY NAEC FOR UNAUTHORIZED USE OF THE SERVICES OR NAEC EQUIPMENT, ALL THREE OF WHICH MAY BE BROUGHT IN ANY FORUM, ANY PAST, PRESENT, OR FUTURE CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES. CONSOLIDATED OR CLASS ACTION ARBITRATIONS SHALL NOT BE PERMITTED. JUDGMENT UPON AN AWARD MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION.

If any clause within this Arbitration section (other than the class action waiver clause) is found to be illegal or unenforceable, that clause will be severed from the Arbitration Provision, and the remainder of this Arbitration section will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Arbitration section will be unenforceable.

XII. REPRESENTATIONS AND WARRANTIES OF CUSTOMER

You represent and warrant that you are at least eighteen (18) years of age. You may, at your discretion, permit minors to use the Services under adult supervision. You are solely responsible for monitoring all material that is accessed by minors using your Services. You also represent and warrant that you have provided and will continue to provide to NAEC accurate, complete, and current customer information.

XIII. NO RELATIONSHIP BETWEEN NAEC AND OTHER PROVIDERS

Nothing in this Agreement will create any joint venture, joint employer, franchisor-franchisee, employer-employee, or principal-agent relationship between NAEC and any providers of content or of backbone, network, circuit, and other technology or communications.

XIV. TERMINATION

The term of this Agreement shall commence from the time that the Services are activated and shall continue thereafter until terminated as provided for in this Agreement. Service is provided on a month-to-month basis unless you agreed to a specified minimum term.

Termination by You: You may change or cancel individual Services by calling the NAEC customer Service number on your NAEC bill, subject to the applicable terms and conditions.

Suspension and Termination by NAEC: Upon five (5) days’ written notice, we may suspend, restrict, or cancel the Services and this Agreement, if you do not make payments for current or prior bills by the required due date. If Services are suspended, restricted, or cancelled, charges will continue to accrue through the date that NAEC fully processes the suspension, restriction, or cancellation.

XV. NO RESALE

You shall not resell or transfer the NAEC Service or access to the NAEC Network to another party without our prior written consent.

XVI. NO THIRD-PARTY RIGHTS

These Terms of Service shall not provide any third party with a remedy, claim or right of reimbursement.

XVII. ACTS BEYOND NAEC CONTROL

Neither you nor NAEC will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, terrorist acts, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control.

XVIII. SEVERABILITY

If we do not enforce any right or remedy available under these Terms of Service, that failure is not a waiver. Except where these Terms of Service specifically provide otherwise, if any part of these Terms of Service is held invalid or unenforceable, the remainder of these Terms of Service will remain in force.

XIX. PROTECTION OF NAEC’S INFORMATION and MARKS

All Services information, documents, and materials on our websites are protected by trademark, copyright or other intellectual property laws, and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively “NAEC Marks”) of NAEC are and shall remain the exclusive property of NAEC. Nothing in this Agreement shall grant you the right or license to use any of the NAEC Marks.

XX. GOVERNMENT TORT LIABILITY

Nothing contained in these Terms and Conditions or in bond or in any certificate or policy of insurance or in any provision of indemnity shall be construed to constitute a waiver by NAEC of any provision, substantive or procedural of any provision of federal, state, or local law affording NAEC protection from or limitation of tort or other liability.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST NAEC BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF ALABAMA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH NAEC; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF ALABAMA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS, EXCEPT AS SET FORTH IN THE ARBITRATION TERMS CONTAINED IN THESE TERMS OF SERVICE.

XXI. TRADEMARKS

All trademarks appearing on the Services are the property of their respective owners, including, without limitation, NAEC.

NAEC reserves the right to modify these Terms of Service at any time in its sole and absolute discretion. Changes and modifications will be effective when posted and any use of the Services after the posting of any changes will be considered acceptance of those changes.

This NAEC Terms of Service document was last updated on January 10, 2018. SMS/Fiber addendum effective February 13, 2026.