These Terms of Use (“Terms”) govern your use of the Deep East Texas Electric Cooperative (“DETEC”) website or any website, such as the DETEC Facebook page, operated on behalf of DETEC and associated services and functionality (the “Website”), including email and other electronic communications with DETEC. Certain products or services offered through the Website may have additional terms and conditions, which govern in the event of any inconsistency with the terms below. Please also see our Online Privacy Statement with respect to any information that we may receive online from you.
By accessing and using the Website (including by signing up to receive notifications via email or SMS text or making an online payment or by using any other Website services), or when signing up for a user account at the Website, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not accept these Terms, do not use the Website.
We may modify these Terms at any time, and we will post on the home page of the Website. Your use of the Website after the effective date of any modified Terms shall be subject to and governed by such modified Terms. Please note that we may discontinue some or all of the features and functionality associated with the Website at any time in our sole discretion.
Your Use of the Website
You hereby represent and warrant that any information you have provided to DETEC through the Website is true and accurate to the best of your knowledge and that you have read and accept the terms of our Online Privacy Statement.
The Website is for personal use only. The following activities are expressly prohibited:
(i) collecting a user’s username or email address from the Website by electronic or other means without the user’s consent; (ii) sending unsolicited email or other communications using any information obtained in connection with the Website, (iii) any use of the Website which, in our sole judgment, jeopardizes the reliability, speed, or operation of the Website or any related computer systems and (iv) any use of the Website for an illegal or improper purpose.
DETEC Content; Intellectual Property Rights
Unless otherwise noted, all text, images, graphics, photographs, video clips, designs, icons, sounds, information, data and other materials displayed, used or incorporated by DETEC on the Website (“DETEC Content”) are copyrights, trademarks, service marks, trade secrets or other intellectual property or proprietary content owned or licensed by DETEC. We authorize you to use the DETEC Content for your own informational and educational purposes, provided that you do not remove copyright, trademark and other proprietary notices contained in the DETEC Content. You may not modify the DETEC Content, or reproduce, distribute or otherwise use it for any public or commercial purpose without our prior written permission. Without limiting the foregoing, any use of the DETEC Content on any other website without our prior written permission is prohibited. Nothing in these Terms shall be construed as granting any permission (except as set forth in this paragraph), right or license in or to any of the DETEC Content. DETEC reserves all of its intellectual property rights in the DETEC Content.
DETEC’s trademarks, logos and service marks (collectively, “Trademarks”) displayed on the Website are owned or licensed by DETEC. Nothing contained on the Website or in these Terms should be construed as granting any license or right to use any of the Trademarks.
Email and Electronic Text Communications, Generally
If you select any optional services from DETEC that include any email or electronic text notifications or other communications, it is your responsibility to provide DETEC with a valid email address and/or a valid number assigned to your mobile phone or other device (“Mobile Device”), and you understand and agree that DETEC will use such email address and/or Mobile Device number for delivery of electronic notifications and other communications. It is also your responsibility to update such email address and/or Mobile Device number, to ensure proper delivery of electronic communications to you. Failure to do so promptly could result in the interruption of such communications and could adversely affect your DETEC utility account (“Utility Account”) and DETEC’s ability to provide services to you. Your email address and/or Mobile Device number can be changed on the “Account Profile” page if you have a Website Account, or by using any of the methods set forth in the “How to Contact Us” section below.
Optional Paperless E-Bill
If you select the optional Paperless E-Bill service, you understand that DETEC will stop mailing paper account and billing statements concerning your Utility Account to your physical, postal address, and will instead send email notifications that your monthly account and billing statement is available to download from the Website. Late and disconnection notices may be sent by email, postal mail or both.
It is your responsibility to provide DETEC with your current preferred e-mail address. Your email address can be changed on the “Account Profile” page if you have a Website Account, or by using any of the methods set forth in the “How to Contact Us” section below.
DETEC is not responsible for any technical or other difficulties or errors that may arise in connection with the service, or that may prevent notifications from being sent or received.
Optional Text Messaging
If you select optional text messaging services, you request that DETC send text message alerts to your Mobile Device concerning your Utility Account, including, for example, notifications when your billing statement is available for download from the Website (if you have signed up for Paperless E-Bill). By enrolling in the optional text messaging services, you are providing your express consent for DETEC to send text messages to your Mobile Device concerning your Utility Account. In addition, you also consent to receive occasional text messages sent to your Mobile Device concerning other products or services offered by DETEC. You can opt-out of the text messaging service on the “Manage Alerts” page of your Website Account, or by using any of the methods set forth in the “How to Contact Us” section below.
Although the optional text messaging services are currently offered free of charge by DETEC, you understand that you are responsible for meeting all Mobile Device system requirements and for all associated costs and expenses, including, without limitation, all fees you may incur for data transfers and as a result of receiving text messages from DETEC on your Mobile Device.
The optional Text Messaging service is offered as a courtesy only. DETEC is not responsible for any technical or other difficulties or errors that may arise in connection with the service, or that may prevent messages from being sent or received.
Online Transactions
DETEC provides several different online transactions, including bill payment options, that are available through the Website. You are responsible for reviewing all of the disclosures associated with each transaction and for activating and deactivating any automatic payment plans in accordance with the disclosures and instructions associated with such payment plan.
IN GENERAL: This part of the Terms of Use explains the rules and regulations that govern your Internet financial transactions through our Website (including Bill Pay, Auto Pay and Quick Pay), and constitutes your agreement to abide by them.
YOUR AGREEMENT: You (including anyone you authorize to use your Website Account) agree to comply with the rules, regulations, terms and conditions and operating policies and procedures in effect from time to time that apply to the Website. If you do not agree you may not register for access to your Website Account. By using the Website to access your Website Account, you consent to the electronic transmission of personal financial information and your consent will be deemed to remain in effect until your use of your Website Account is canceled by you or by us. The rules, regulations and terms and conditions that govern your Website Account shall continue to govern except as specifically provided herein. Whenever you use the Website or permit any other person to use your Website Account, you are agreeing to the terms and conditions as stated in this Terms of Use and any amendments we may make to this Terms of Use as posted on our Website from time to time. You will be informed of any amendments we make to this Terms of Use. You should thoroughly review the information contained in this Terms of Use and make a copy for your records.
REGISTRATION: To register and use your Website Account you must follow the registration instructions for online services and submit your registration information. By submitting your registration information to us you acknowledge and agree that the terms and conditions set forth herein shall apply to our provision of online services to you, and you acknowledge that you have received and read the disclosures contained herein.
AVAILABLE TRANSACTIONS: Through our online systems you may conduct the following transactions on your eligible accounts (some of the following functionality may not be available via your mobile device).
- View Account Status – View current balance due, if any, and due date(s) applicable to your DETEC account(s).
- Make a Payment – Make a payment to satisfy all or a portion of the balance due on your DETEC account(s).
- View Account Billing and Payment and Usage History – Review billing and payment history for your account(s). Review energy usage data.
- Manage Auto Pay – Establish, change or cancel automatic payment agreements.
- Manage Contact Information & Notifications – Update your billing address, email for notifications and manager alerts in regards to your account.
STATEMENTS: Payment transactions you make through your Website Account will appear in detail on your regular monthly statements. Statements will be mailed to the current address associated with your DETEC account(s) or, if selected by you, be available for download from the Website, notification of which will be delivered electronically to your email address you have on file with us. You must notify us in writing if you change your mailing address. To receive statements electronically, you will need to enroll in our electronic statement service and agree to terms in the E-Records Disclosure agreement contained in these Terms of Use.
BILL PAYMENT SERVICE:
- Payment Authorization. When we receive a payment instruction by way of your Website Account, you authorize us to debit your bank or credit card account for the amount indicated and apply those funds to your DETEC Account(s) balance.
- Payment Remittance. We will use our best efforts to make all your payments properly. However, we shall incur no liability if we are unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
- If, through no fault of ours, your account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your credit card account;
- The electronic bill pay service is not working properly and you know or have been advised about the malfunction before you execute the transaction;
- You have not provided us with the correct bank account or credit card information, or with adequate bank account or credit card information necessary to complete the transaction; and/or,
- Circumstances beyond our control (such as, but not limited to, fire, flood or interference from an outside force) prevent the proper execution of the bill pay transaction and we have taken reasonable precautions to avoid those circumstances.
- Payment Cancellation Requests. Once we have begun processing a payment it cannot be canceled or edited.
Auto Pay
The following terms and conditions apply if you are enrolled in Auto Pay:
By enrolling in Auto Pay, you authorize DETEC to, on a recurring basis, automatically charge the debit or credit card account specified, or to automatically debit the checking or savings account specified for payments due on your DETEC account(s).
You understand that DETEC will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on your monthly DETEC bill. DETEC will initiate transfers or charges each month on the date your bill is due. The origination of ACH transactions to your checking or savings account must comply with the provisions of U.S. law.
DETEC may discontinue processing of recurring charges if DETEC is unable to secure funds from your debit or credit card or from your bank account for the payments you have authorized due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided by you. DETEC may, if applicable, undertake collection action, including application of returned check fees to the extent permitted by law. All such fees may be collected electronically.
You also understand that this authorization to pay your DETEC account(s) by recurring charges or debits is entirely optional and is not required to obtain or maintain your account with DETEC.
IF FOR ANY REASON DETEC IS UNABLE TO PROCESS A PAYMENT AND YOU PAY YOUR BILL AFTER IT IS DUE, YOUR DETEC ACCOUNT MAY INCUR LATE FEES AND DISCONNECTION AS SET FORTH IN THE BYLAWS AND TARRIFF OF DETEC.
You are responsible for providing DETEC with accurate payment account information if such information changes in the future. You understand that you may use any of the methods set forth in the “How to Contact Us” section below, or access your Website Account and click on “Billing & Payments” then select the “Auto Payments” screen to update or change your payment account information. You may use any of the methods specified in the preceding sentence to notify DETEC you wish to cancel your Auto Pay agreement, provided such contact occurs at least thirty (30) days prior to the payment due date on which you want your Auto Pay agreement to no longer be in effect. DETEC will not initiate further transfers or charges after you have canceled and DETEC has had a reasonable period of time to process your request. You also understand that you are not waiving your rights under the Electronic Fund Transfer Act to stop payments by directly contacting the financial institution where you have the checking or savings account you specified in your Auto Pay agreement, and that your exercise of such rights does not constitute a breach of this authorization.
Mobile Services
Your enrollment in our online services may include access to products and services through a mobile device (“Mobile Services”), such as compatible smart phones and tablets. Mobile Services may include without limitation, short message service (SMS) text messaging, mobile web transactions, and mobile initiated transactions by means of a downloadable application. By using our Mobile Services, you agree to the following terms and any additional terms and conditions applicable to specific Mobile Services, such as SMS text messaging and the downloadable mobile application.
- You agree that we may send you information relative to Mobile Services through your wireless provider in order to deliver them to you and that your wireless provider is acting as your agent in this capacity. You represent that you are the owner or authorized user of the mobile device you use to receive the Mobile Services, and that you are authorized to approve the applicable charges.
- You agree to provide a valid phone number, email address or other delivery location so that we may send you certain information about your applicable account or otherwise related to Mobile Services. Additionally, you agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys’ fees) arising from your provision of a phone number, email address or other delivery location that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligation under the preceding sentence shall survive termination of the Terms of Use.
- You understand and agree certain services may not be encrypted and many include confidential information about you such as your account activity or status. Delivery and receipt of information, including instructions for payment, transfer and other electronic fund transactions through the Mobile Services may be delayed or impacted by factor(s) pertaining to your Internet service provider(s), phone carriers, other parties or because of other reasons outside of our control. We will not be liable for losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, information and instructions sent through the Mobile Services.
- Additionally, not all of the products, services or functionality described in these Terms of Use may be available through Mobile Services. Therefore, you may not be eligible to use all the products, services or functionality described when you access or try to access them using a mobile device. Functionality may also vary based on the mobile device you use. Information available via the Mobile Services, including balance due and payment information, may differ from the information that is available directly through the Website without the use of a mobile device may not be available via the Mobile Services, may be described using different terminology (including capitalized terms used in these Terms of Use or on our Website), or may be more current than the information available via the Mobile Services, including but not limited to account balance information. The method of entering instructions via the Mobile Services may also differ from the method of entering instructions directly through our Website without the use of a mobile device. Processing of payment instructions may take longer through the Mobile Services. We are not responsible for such differences, whether or not attributable to your use of the Mobile Services.
- Your wireless service provider’s standard rates apply to Internet (data) access and SMS usage. We do not charge for any content; however, downloadable content may incur additional charges from your wireless provider. Please contact your wireless provider for information about your data and messaging rate plans. Your wireless provider may impose data access, message and/or charge limitations that are outside of our control, for using Mobile Services on your account. All such charges are billed by and payable to your wireless provider. You are responsible for any charges and fees from your wireless provider. We are not responsible for any damages resulting from your failure to comply with any terms and conditions of your wireless provider.
- Certain Mobile Services (or portions thereof) may not be available outside of the United States. If you are using Mobile Services outside of the United States, you are responsible for having access to the appropriate wireless and/or telecommunications networks and are responsible for all associated fees and charges.
Links to and from Other Websites
Some portions of the Website may include links to third-party websites (“External Websites”). Such links are provided solely as a convenience to you and not as an endorsement by us of the content on or any other aspect of such External Websites. The content of such External Websites is developed and provided by others. You should contact the website administrator or webmaster for those External Websites if you have any concerns regarding any content located on such External Websites. In addition, you should review the applicable terms and conditions and the privacy policy, if any, associated with any External Websites you may visit, because these Terms and our Online Privacy Statement do not apply to any External Websites, even if you were directed to an External Website via a link on this Website.
User Content; Digital Millennium Copyright Act Notices
The Website may now or in the future permit the submission of content at the direction of users of the Website (“User Content”) and the hosting, sharing, and/or publishing of such User Content. Although DETEC does not undertake to review all User Content prior to submission and posting, DETEC may review any User Content for compliance with these Terms, applicable law or for any other legitimate purpose.
You shall be solely responsible for User Content you submit and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent and warrant that: (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize use of all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content; and (ii) you have the written consent, release and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person. By submitting the User Content, you grant DETEC a perpetual, worldwide, non-exclusive, royalty-free and assignable license to use, reproduce, distribute, prepare derivative works of, modify, display, publish and perform all or any portion of the User Content in connection with the Website and DETEC’s business. DETEC may maintain copies of any User Content for purposes of backup, security or maintenance, or as required by law.
You agree that you will not: (i) submit User Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant DETEC the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage DETEC or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) post User Content files that are unreasonably large or that otherwise could interfere with the normal operation and functioning of the Website; or (vi) impersonate another person.
DETEC does not endorse any User Content or any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We may remove any and all User Content from the Website in our sole discretion and without prior notice. We do not permit copyright infringing activities and infringement of intellectual property rights on this Website, and we will remove User Content if notified that such User Content infringes on another’s intellectual property rights. We will terminate your access to the Website if we believe you are a repeat copyright infringer as determined under our internal policies and procedures.
If you are a copyright owner and believe that any User Content or any DETEC Content infringes upon your copyrights, you or your agent may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further details):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit DETEC to locate the material;
- Information reasonably sufficient to permit DETEC to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to User Content and/or violation of these Terms is:
Director of Communications
c/o Deep East Texas Electric Cooperative
880 TX Hwy 21 E
San Augustine, Texas 75972
Fax: 936-275-2135
Email: power@deepeast.com
Indemnity
You agree to indemnify, defend and hold harmless DETEC and its respective past and present directors, officers, employees, agents and representatives (collectively, the “Indemnified Parties”) from and against any and all claims, actions or demands, including, without limitation, reasonable legal and accounting fees, as a result of or in connection with (i) any actual or alleged use or misuse of the Website or User Content by you or by any other person using your Website Account; (ii) any communication or content uploaded or provided to the Website by you or by any other person using your Website Account; or (iii) any breach or threatened breach by you of these Terms. DETEC shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. DETEC reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section; in such case, you agree to cooperate with all reasonable requests for assistance in connection with DETEC’s defense of such matter.
YOU ACKNOWLEDGE AND AGREE THAT THE INDEMNIFICATION OBLIGATION SET FORTH IN THE PRECEDING PARAGRAPH SHALL APPLY REGARDLESS OF WHETHER DETEC OR ANY OTHER INDEMNIFIED PARTY IS NEGLIGENT IN WHOLE OR IN PART.
Disclaimer of Warranty and Limitations on Liability
DETEC DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DETEC DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, IN NO EVENT SHALL DETEC BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF DETEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, DETEC’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
General Terms
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DETEC to any successor-in-interest of one or more of DETEC’s business units.
The Website is primarily controlled, operated and administered by DETEC from San Augustine, Texas, and these Terms shall be governed by United States federal law and the laws of the state of Texas without regard to Texas rules regarding conflicts of laws. The exclusive venue and jurisdiction for any and all disputes arising out of or relating to these Terms shall be the state courts located in San Augustine County, Texas or the U.S. District Court for the District of Texas. You waive all objections to venue and personal jurisdiction with respect to such disputes in those courts.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. Failure to act on or enforce any provision of the Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
DETEC can be reached in the following ways:
- Via mail:
Deep East Texas Electric Cooperative
880 TX Hwy 21 E
San Augustine, Texas 75972
- Via email: power@deepeast.com
- Via phone: 1-866-392-2547
- Via fax: 936-275-2135
revised June 17, 2022