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Enrollment

Terms and Conditions

Please accept the Terms and Conditions to continue

FIRSTENERGY SOLUTIONS CORP.
Terms and Conditions
Electronic Bill Presentment and Payment for Dual-Billed Customers
(Revised 02-2015)

Welcome to the FirstEnergy Solutions Corp.’s Electronic Bill Presentment and Payment Program (“EBPP Service”). The following Terms and Conditions govern the use of the EBPP Service allowing dual-billed customers to view and/or pay FES bills online.

Acceptance of Terms and Conditions

BY CLICKING "I AGREE" BUTTON BELOW, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AND YOU WILL BE ABLE TO VIEW AND/OR PAY YOUR FES BILLS THROUGH THE EBPP SERVICE.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE EBPP SERVICE AND YOU WILL NOT BE PERMITTED TO COMPLETE THIS ENROLLMENT PROCESS.

EBPP Services

Viewing your bills through EBPP Service

• After you enroll in EBPP, you will no longer receive a paper copy of your billing statement. However, you will be able to view and/or print your statements online.

• You will receive your bill and view your account electronically. You may also receive other information that would have been sent with your FES paper bill, such as bill inserts.

Paying your bills through EBPP Service

• You agree that it is solely your responsibility to pay your electric bills monthly and that you are solely responsible for any late fees for such bills. You have the option of paying by Credit/Debit Card or ACH.

• By using the EBPP Service, you are requesting the system to make payments for you from your bank via ACH or Credit/Debit Card account. If we are unable to complete a transaction for any reason associated with your bank or Credit/Debit Card account (for example, there are not sufficient funds or the payment exceeds credit limits), the transaction will not be completed and FES may assess any applicable late charges or penalties for bills that are not paid on time.

• You agree that if your account is in default, FES may return you to utility service and take any and all action allowed by law necessary to collect the amount owed.

• If you choose to pay via Credit/Debit Card:

• You understand and agree that FES will charge and you will pay a transaction fee each time you make a payment via Credit/Debit Card. Since the amount may change, the amount will be provided during your online payment process.

•You will provide FirstEnergy Solutions FES with your Credit/Debit Card account information and instructions regarding the payment of your electric bill from your account.

• You authorize FES, or its contractor, to follow the Payment Instructions and debit or charge your account and obtain funds on your behalf. You also authorize the financial institution that holds your account to make such payments.

•Transactions should appear on your Credit/Debit Card account statements and your next monthly electric statement. You are responsible for any fees associated with your Credit/Debit Card account and your financial institution that holds your account may be responsible to provide disclosures, receipts, statements, and other communications for such accounts. Questions about your Credit/Debit Card account statements, lists of your transactions, or errors or unauthorized transfers, stopped payments, fees imposed on your account, or your limitation of liability should be directed to that financial institution.

• Payment Instructions must be entered prior to 2:00 p.m. Eastern Standard Time on or before the due date to avoid a late payment charge. If you properly follow procedures described herein, including submitting your Payment Instruction prior to the 2:00 p.m. cutoff time, and FES fails to process payments according to the Payment Instructions received, FES will reverse any late charges incurred as a result. In any other event, you agree to incur the risk and responsibility for paying any late charges or penalties.

• Recurring payments by Credit/Debit Card cannot be set-up in through the EBPP Service.

• If you choose to pay via ACH from your bank account:

• You will provide FES with your bank account information and instructions regarding the payment of your electric bills from your account. You authorize FES, or its contractor, to follow the Payment Instructions and debit or charge your account and obtain funds on your behalf. You also authorize the financial institution that holds your account to make such payments.

• Transactions should appear on your bank account statements and your next monthly electric statement. You are responsible for any fees associated with your bank account and your financial institution may be responsible to provide disclosures, receipts, statements, and other communications for such accounts. Questions about your bank statements, lists of your transactions, or errors or unauthorized transfers, stopped payments, fees imposed on your account, or your limitation of liability should be directed to your financial institution.

• Payment Instructions must be entered prior to 2:00 p.m. Eastern Standard Time on or before the due date to avoid a late payment charge. If you properly follow procedures described herein, including submitting your Payment Instruction prior to the 2:00 p.m. cutoff time, and FES fails to process payments according to the Payment Instructions received, FES will reverse any late charges incurred as a result. In any other event, you agree to incur the risk and responsibility for paying any late charges or penalties.

• Recurring payments may be made via ACH.

• If you have arranged in advance to make a regular payment from your bank account, you can cancel a payment in a "scheduled" status up to the day before the “scheduled” payment.

Consent to Receive Information Electronically

• By accepting these Terms and Conditions and enrolling in the EBPP Service, you consent to receive all billing statements and related information electronically and, you consent that we may maintain an electronic record of your agreement.

• In order to receive this information electronically, and to access and retain any disclosures you receive, you will need a personal computer with a minimum web browser that supports 128 bit encryption. You must also have ability to receive and read email. You are responsible for all telephone access fees and/or internet service fees that may be assessed by your telephone and/or internet service provider when accessing the EBPP Service.

• You (i) agree to provide true, accurate and current information and to not misrepresent your identity; (ii) acknowledge and agree to receive disclosures electronically and confirm that you may download or print the disclosures for your records; (iii) acknowledge that you can access information that is provided electronically; and (iv) acknowledge that your action constitutes your signature and agreement to these terms and conditions as well as your consent to receive these electronic communications pursuant to the Electronic Signatures in Global and National Commerce (E-SIGN) Act and intend that this statute applies to the fullest extent possible.

• In the event that you withdraw your consent to receive information electronically, you will be required to un-enroll from the EBPP Service and begin receiving your bills via US Mail Service. You will no longer be able to view your bills electronically. You will be required to make your payments on a monthly basis by check, ACH, or wire transfer.

Privacy / Security

You recognize and agree that FES will use the information you provide for participation in the EBPP Services, including disclosure of the information to other parties involved in the EBPP Service, such as contractors, financial institutions and governmental agencies and that the use of such information shall be otherwise subject to the FirstEnergy Privacy and Legal Statements found at

https://www.firstenergycorp.com/content/fecorp/corporate/privacy_legal_statement.html.

You understand that the information you provide and receive as part of the EBPP Service is confidential in nature. You agree to keep your Password and profile information confidential to prevent unauthorized access to your account. You are responsible for all transactions others authorize on your account if you permit other individuals to use this service, including using your Password to access your account. If you use this service for business account(s), you are responsible for establishing and maintaining your own internal security procedures to prevent use by unauthorized employees or persons. You agree that FES and its parent, subsidiaries and affiliates (collectively “FirstEnergy”) are not responsible for the security and privacy of your Password, including but not limited to your misuse or disclosure of your Password. If you forget your Password, our Customer Service Department should be contacted during business hours for assistance or you may utilize the online self-service functionality to reset your password.

Notice of Limitations and Exclusions of Warranties

• FirstEnergy is not responsible for unauthorized access by third parties to information and/or communications provided electronically or for delays in the transmission of any information, computer virus or related problems, loss of data or other service interruptions. You agree that if electronic notification of your statement is not received for any reason, including but not limited to communications error or computer program failure, you remain solely responsible for timely payment of the amount due.

• YOU AGREE THAT EBPP SERVICES ARE PROVIDED "AS-IS" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FES HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

• YOUR USE OF THE EBPP SERVICE IS AT YOUR OWN RISK. NEITHER FES NOR ITS PARENT, AND ANY OF THEIR SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS OR DIRECTORS, NOR ANY OF THEIR AGENTS OR ANY OTHER PARTY INVOLVED IN THE EBPP SERVICE ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE EBPP SERVICE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on liabilities, so the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless FES, its parent, and any of their subsidiaries and affiliates, and their respective officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions or any activity related to the EBPP SERVICE (including negligent or wrongful conduct) by you or any other person accessing your account by using your Internet or mobile device account.

Customer Service

• If your e-mail address changes, you are required to update your account information under the “My Profile” tab.

• All questions about transactions made with the EBPP Services must be directed to FES and not to the financial institution where you have your bank or credit card account. FES is responsible for the EBPP Services and for resolving any errors in transactions.

• You understand that participation in the EBPP Service does not affect any of your rights to file a complaint with your state's Public Utilities Commission or Board.

Termination

You or FES may terminate your use of the EBPP Services at any time. When you un-enroll in the EBPP Service, all scheduled payments under the EBPP Service will be terminated. Neither termination nor discontinuation shall affect your liability or obligations under these Terms and Conditions or your obligation to pay your electric bills.

General

• You may not assign your rights under these Terms and Conditions to use the EBPP Services to any other party. FES may assign its rights under these Terms and Conditions at our sole discretion or delegate certain rights and/or responsibilities to third parties or vendors/contractors.

• These Terms and Conditions and the EBPP Services may be changed by FES from time to time, including the change or addition of any fee and service charges. In such an event, FES shall provide notice to you. Any use of the FES’s EBPP Services after we provide you with a notice of change will constitute your agreement to such changes.

• FES shall not be deemed to have waived any of their rights or remedies under these Terms and Conditions unless such waiver is written and signed by FES. If we delay or refrain from exercising any rights or remedies under these Terms and Conditions, such delay or omission shall not be a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

• The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of these Terms and Conditions.

If you have additional questions or comments of any kind, please let us know by email or by sending your comments or requests to:

FirstEnergy Solutions Corp.
Attn: EBPP Services
341 White Pond Drive
Rm B2
Akron, OH 44320

1-800-977-0500 or fescashteam@fes.com

Copyright © 2015 FirstEnergy Solutions Corp. All Rights Reserved.
EFFECTIVE AS OF: 9/16/2013
LAST UPDATED: February, 2015 CMW