Customer Proprietary Network Information
What is CPNI? CPNI is basically call and account detail. Anything that pertains to a customer’s bill, account information, features, or calling patterns is considered CPNI. Mound Bayou Telephone Company does not use its customer’s CPNI for marketing purposes.
Any person that makes a request for information on an account, or make changes or additions to an account must first be named as an “authorized user”. Authorized users can only be added to an account by the person whose name is on the listing of that account. Any requests by anyone who is not an authorized user will be denied. This rule is for the protection of the customer and is followed by all telephone companies including the Mound Bayou Telephone Company. These new rules were put into effect March 1, 2008 by the Federal Communications Commission.
Statement of Nondiscrimination
Mound Bayou Telephone and Communications is the recipient of federal financial assistance from the Rural Utilities Service (RUS), an agency of the U.S. Department of Agriculture, and is subject to provisions of Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; and the Age Discrimination Act of 1975, as amended.
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs (Including Mound Bayou Telephone and Communications) are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs).
Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410;(2) fax: (202) 690-7442; or (3) email: firstname.lastname@example.org.
USDA is an equal opportunity provider, employer, and lender.
Complaints must be filed within 180 days after the alleged discrimination. Confidentiality will be maintained to the extent possible.
Terms of Service
All information on the moundbayou.com website is believed to be true and correct. Mound Bayou Telephone and Communications provides information on telephone, internet and security and does not attest to the accuracy or completeness of the information contained.
moundbayou.com is committed to protecting the rights of all visitors to moundbayou.com. We are committed to keeping your personal information secure and have created this privacy statement to share our information gathering and dissemination practices for this website.
Information Collection and Use
We will protect your information, and will not release your name, email address or other personal information to any advertiser, merchant, or other third parties not related to moundbayou.com without your permission. We will not give, sell, share, rent, or trade information to others in ways different from what is disclosed in this statement. moundbayou.com stores its records in the United States. moundbayou.com is the owner of the information collected on this website.
Links to Other Sites
The moundbayou.com website may contain links to other websites. Please be aware that we are not responsible for the privacy practices of other websites. When leaving our website, be sure to read the privacy statements of each website that collects personally identifiable information. Our privacy statement applies solely to information collected on the moundbayou.com website.
moundbayou.com has security measures in place to protect the loss, misuse, or alteration of customer information stored on our systems. We use industry standard procedures and processes, such as firewalls, encryption, token authentication, application proxies, and monitoring technology to track abuse of our network and its data. When you submit information about yourself to moundbayou.com over the internet, the information may travel over many systems that are not under the control of moundbayou.com. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate and typical physical, electronic, and managerial procedures to safeguard and secure the information we collect online. All employees, contractors and other companies engaged by moundbayou.com for work that involves access to personal information are contractually required to keep the information confidential and not to use it in any way other than what is necessary to perform their work for moundbayou.com.
An IP address is a number automatically assigned to your computer whenever you access the Internet. All computer identification on the Internet is conducted with IP addresses, which allow computers and servers to recognize and communicate with each other. Your IP address does not contain your name but does provide additional demographic information. moundbayou.com does not release IP addresses to advertisers or third parties. We use your IP address to help diagnose or detect problems with our server, for security reasons, to conduct system administration and site analysis, and to administer our website. Any demographic information collected from your IP address is separated from your name and email address to protect your privacy.
Refunds – Once we approve your refund, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within 30 days, depending on your card issuer’s policies.
Return of equipment – You will be responsible for the return of your equipment and any associated delivery/shipping charges. Costs associated with returns are nonrefundable. If you receive a refund, the cost of returning items will be deducted from your refund.
If you have any questions regarding refunds, please contact us at 662-741-2558.
PAYING VIA E-CHECK (ACH)
If you pay us via an E-Check (ACH) transfer using our online payment portal, but have previously been notified that we will no longer accept checks as payment on your account, your service will not be reconnected until your E-Check (ACH) transfer has cleared our bank, which may take up to seven days. To avoid any delay in your service being reconnected, you may come into our office and pay with cash, money order, or credit/debit card. If you have any questions, please call us at 662-741-2558.
All electronic payments should be made through our official website (www.moundbayou.com). Mound Bayou Telephone & Communications is not responsible for any payments made through independent third party processors, or any fees associated with using those services (late fee, reconnect fee, equipment fee, processing fee, etc.).
AUTO PAY ENROLLMENT
Autopay enrollment for the current billing cycle is due by the 5th of the month for the current month's payment to process via autopay. Enrollment after the 5th of the month does not guarantee the customer’s current months payment will be processed, and the customer will be responsible for that payment and any related fees incurred as a result of missed payment. Customers should ensure that the current month's payment is received prior to the due date if manual payment is required (ex.: Customer enrolls in auto pay January 1; January payment will be processed via autopay.).
Residential Acceptable Use Policy
MOUND BAYOU TELEPHONE AND COMMUNICATIONS ACCEPTABLE USE POLICY FOR RESIDENTIAL BROADBAND INTERNET SERVICES
Mound Bayou Telephone and Communications, Inc. (“MBTC”) has adopted this Acceptable Use Policy (“AUP”)to outline the acceptable use of MBTC’s Residential Broadband Internet service (“Broadband Service”).
You, the customer, must comply with this AUP. Your failure to do so could result in the suspension, termination, or throttling of your Broadband Service account. If you do not agree to comply with this AUP, you must immediately stop all use of the Broadband Service and notify MBTC so that it can close your account.
MBTC may revise this AUP from time to time by posting a new version on the Web site at (the “Mound Bayou website”). MBTC will use reasonable efforts to make customers aware of any changes to this AUP, which may include sending e-mail announcements or posting information on the MBTC website. Revised versions of this AUP are effective immediately upon posting. Accordingly, customers of MBTC Broadband Internet Service should read any MBTC announcements they receive and regularly visit the Mound Bayou web site and review this AUP to ensure that their activities conform to the most recent version. If you have questions regarding this AUP, or to report violations of it, you can contact MBTC at report illegal content on the Internet visit www.ftc.gov.
1. Prohibited Uses and Activities
In general, this AUP prohibits uses and activities involving the Broadband Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Broadband Service by others.
1.1 Network and Usage Restrictions
Prohibited uses and activities include, but are not limited to, using the Broadband Service or MBTC equipment to:
1.1.1 Restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Broadband Service (except for safety and security functions such as parental controls, for example);
1.1.2 Posting or transmitting any information or software which contains a worm, virus, spyware, adware, malware, or any harmful feature;
1.1.3 Generating levels of traffic sufficient to impede others' ability to use, send, or retrieve information;
1.1.4 Restrict, inhibit, interfere with, or otherwise disrupt performance of the Broadband Service or cause a performance degradation regardless of intent, purpose or knowledge, to the Broadband Service or any MBTC (or MBTC supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any MBTC (or MBTC supplier) facilities used to deliver the Broadband Service;
1.1.5 Resell the Broadband Service or otherwise make available to anyone outside the Premises the ability to use the Broadband Service (for example, through Wi-Fi or other methods of networking), in whole or in part, directly or indirectly. The Broadband Service is for personal and non-commercial residential use only and you agree not to use the Broadband Service for operation as an Internet Service Provider or for any business enterprise or purpose (whether or not for profit);
1.1.6 Connect the MBTC Equipment to any computer or device outside of your Premises;
1.1.7 Interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host; and
1.1.8 Accessing and using the Broadband Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure the Broadband Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless you are subject to a Broadband Service plan that expressly permits you to do so.
1.2 Conduct and Information Restrictions
Prohibited uses and activities include, but are not limited to, using the Broadband Service or MBTC equipment to:
1.2.1 Avoid incurring charges for or otherwise being required to pay for usage of the Broadband Service;
1.2.2 Invade another person’s privacy, stalk, harass, or otherwise violate the rights of other persons;
1.2.3 Undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
1.2.4 Post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful;
1.2.5 Upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Broadband Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
1.2.5 Collect, or attempt to collect, personal information about third parties without their consent;
1.2.6 Transmit unsolicited bulk or commercial messages commonly known as “spam;”
1.2.7 Send voluminous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupt a server, account, blog, newsgroup, chat, or similar service;
1.2.8 Initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;
1.2.9 Participate in the collection of voluminous amounts of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
1.2.10 Collect responses from unsolicited bulk messages;
1.2.11 Falsify, alter, or remove message headers;
1.2.12 Falsify references to MBTC or its network, by name or other identifier;
1.2.13 Impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”);
1.2.14 Violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or Web site that you access or use.
1.3 Technical Restrictions
Prohibited uses and activities include, but are not limited to, using the Broadband Service or MBTC equipment to:
1.3.1 Use the Internet service or facilities for web-hosting, e-mail hosting, or other unusually high-bandwidth consumption, unless you have made special subscription arrangements with MBTC and the usage does not otherwise violate law or regulation;
1.3.2 Access any other person's computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
1.3.3 Use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, including but not limited to: password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
1.3.4 Copy, distribute, or sublicense any proprietary software provided in connection with the Broadband Service by MBTC or any third party, except that you may make one copy of each software program for back-up purposes only;
1.3.5 Distribute programs that make unauthorized changes to software (cracks);
1.3.6 Use or run dedicated, stand-alone equipment or servers from the Premises that provide network content or any other services to anyone outside of your Premises local area network (“Premises LAN”), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers;
1.3.7 Use or run programs from the Premises that provide network content or any other services to anyone outside of your Premises LAN, except for the personal and non-commercial residential use of the account holder, or his or her family;
1.3.8 Service, alter, modify, or tamper with MBTC Equipment or Broadband Service or permit any other person who is not authorized by MBTC to do the same.
2. Customer Conduct and Features of the Broadband Service
2.1 Customer Obligations
2.1.1 In addition to being responsible for your own compliance with this AUP, you are also responsible for any use or misuse of the Broadband Service that violates this AUP, even if it was committed by a friend, family member, or guest with access to your Broadband Service account.
2.2.2 Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Broadband Service. In all cases, you alone are responsible for the security of any device you choose to connect to the Broadband Service, including any data stored or shared on that device. It is also your responsibility to secure the Customer Equipment and any other Premises equipment or programs not provided by MBTC that connect to the Broadband Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.
2.1.3 MBTC reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of this AUP, or otherwise harmful to MBTC's network or customers using the Broadband Service, regardless of whether this material or its dissemination is lawful so long as it violates this AUP.
2.1.4 Neither MBTC nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, file transfer, blog, and instant message transmissions) made on the Broadband Service. However, MBTC and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this AUP and to disclose, block, or remove them in accordance with this AUP, the Subscriber Agreement, and applicable law.
3. Service Restrictions
All of MBTC’s network and system services are provided according to scheduled fees for each type of service. You agree to use such services in accordance with the terms set forth below.
3.1 Email Service
3.1.1 You may not use your MBTC-hosted email addresses for the purpose of sending unsolicited email. You may not use or cause to be used MBTC’s equipment, network connectivity, or other resources to originate, deliver, relay or otherwise transmit unsolicited email messages. You may not engage in any of the foregoing prohibited activities by using the service of any other provider, third-party agent, remailing service or address forwarding service, in such a way that MBTC’s network addresses or MBTC-hosted email services are in any way identified as being associated with the sending of unsolicited email.
3.1.2 Unauthorized use, or forging, of mail header information (e.g. “spoofing”) is strictly prohibited.
3.1.3 You may not use the MBTC email service to make fraudulent offers to sell or buy products, items, services, or to advance any type of financial scam including but not limited to “pyramid schemes”, “Ponzi schemes”, or “chain letters.” You may not use techniques to hide or obscure the source of any e-mail or other communications.
3.1.4 MBTC reserves the right to suspend or delay delivery of email to Customers utilizing MBTC email services and/or virtual domain email if the volume of email being redirected, stored, or delivered on the Customer’s behalf is deemed excessive. Excessive volume is defined as any amount of email that consumes more than 500MB of disk storage space per individual mailbox, or any volume of email traffic that noticeably degrades performance on the server in question, in the sole discretion of MBTC. Email boxes which exceed these limits will result in a notification to the email sender that the email box is over quota, and new messages will be rejected.
3.1.5 The Broadband Service may not be used to communicate or distribute e-mail or other forms of communications in violation of this AUP. As described below in Section 4 of this AUP, MBTC uses reasonable network management tools and techniques to assist in protecting customers from receiving spam and from sending spam (which often occurs without their knowledge via an infected computer).
3.1.6 MBTC is not responsible for deleting or forwarding any e-mail sent to the wrong e-mail address by you or by someone else trying to send e-mail to you. MBTC is also not responsible for forwarding e-mail sent to any account that has been suspended or terminated. This e-mail will be returned to the sender, ignored, deleted, or stored temporarily at MBTC’s sole discretion. In the event that MBTC believes, in its sole discretion, that any subscriber name, account name, or e-mail address (collectively, an “identifier”) on the Broadband Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, MBTC (1) reserves the right to block access to and prevent the use of any of these identifiers and (2) may at any time require any customer to change his or her identifier. In addition, MBTC may at any time reserve any identifiers on the Broadband Service for MBTC’s own purposes. In the event that a Broadband Service account is terminated for any reason, all e-mail associated with that account (and any secondary accounts) will be permanently deleted as well.
3.1.7 If an e-mail account remains inactive and/or is not accessed by you in six (6) months, MBTC reserves the right, in its sole discretion, to delete the e-mail account.
3.1.8 Each user is responsible for the contents of, and, if required by law, archival and retention of his or her e-mail, instant, video, and audio messages and the consequences of any of these messages. MBTC assumes no responsibility for the content, timeliness, misdelivery, deletion, or failure to store these messages. In the event that a Broadband Service account is terminated for any reason, all e-mail, instant, video, and audio messages residing on MBTC-operated public servers associated with that account (and any secondary accounts) will be permanently deleted as well.
4. Network Management and Limitations on Data Consumption
4.1 MBTC manages its network with the goal of delivering a fast, safe, and uncompromised broadband Internet experience to all of its customers. However, high-speed bandwidth and network resources are not unlimited. Managing the network is essential for the promotion of the best possible Broadband Internet experience for all of MBTC’s customers. MBTC uses reasonable network management practices that are consistent with industry standards. MBTC tries to use tools and technologies that are minimally intrusive and, in its independent judgment guided by industry experience, among the best in class. Of course, the company's network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet.
4.2 All broadband Internet service providers manage their networks. Many of them use the same or similar tools as MBTC. If MBTC didn't manage its network, its customers would be more vulnerable to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of service. However, MBTC cannot guarantee that its network is free from these risks. By engaging in responsible network management including enforcement of this AUP, MBTC can deliver the best possible broadband Internet experience to all of its customers.
4.3 Network Management
MBTC uses various tools and techniques to manage its network, deliver the Broadband Service, and ensure compliance with this AUP. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently.
MBTC’s network management practices may include, but are not limited to, (1) identifying spam and preventing its delivery to customer e-mail accounts, (2) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (3) temporarily lowering the priority of traffic for users who are the top contributors to current network congestion, and (4) using other tools and techniques that MBTC may be required to implement in order to meet its goal of delivering the best possible broadband Internet experience to all of its customers.
4.3.1 You acknowledge that all of the MBTC Internet services are intended for periodic, active use of email, transfers via FTP, Internet chat, Internet games, and browsing of the Internet. You must comply with all current bandwidth, data storage, and other limitations on MBTC’s Internet Services established by MBTC. The excessive use or abuse of MBTC’s network resources by one Customer may have a negative impact on all other Customers. Accordingly, you may not use MBTC’s Internet Services or take any action, directly or indirectly, that will result in excessive consumption or utilization of the system or network resources, or which may weaken network performance, as determined in MBTC’s sole discretion. Such prohibited actions include, but are not limited to:
184.108.40.206 Using MBTC’s Broadband Service to host a web server which attracts excessive traffic at your location;
220.127.116.11 Continuously uploading or downloading streaming video or audio;
18.104.22.168 Continuous FTP uploading or downloading, or;
22.214.171.124 Using the Broadband Service in a manner that negatively affects other users’ ability to engage in real time exchanges and use of MBTC’s Internet Services.
4.1.2 The Broadband Service is provided for personal and non-commercial residential use only. Therefore, MBTC reserves the right to suspend or terminate Broadband Service accounts where data consumption is not characteristic of a typical residential user of the Broadband Service as determined by MBTC in its sole discretion.
126.96.36.199 Common activities that may cause excessive data consumption in violation of this AUP include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using file transfer protocol (“FTP”) and/or peer-to-peer applications. You must also ensure that your use of the Broadband Service does not restrict, inhibit, interfere with, or degrade any other person's use of the Broadband Service, nor present (as determined by MBTC in its sole discretion) an overly large burden on MBTC’s network. In addition, you must ensure that your use of the Broadband Service does not limit or interfere with MBTC's ability to deliver and monitor the Broadband Service or any part of its network.
4.1.3 If you use the Broadband Service in violation of the restrictions referenced above, that is a violation of this AUP. In these cases, MBTC may, in its sole discretion, suspend, terminate, or throttle your Broadband Service account or require that you subscribe to a different version of the Broadband Service (such as a commercial grade Internet service, if appropriate) if you wish to continue to use the Broadband Service at higher data consumption levels. MBTC may also provide versions of the Broadband Service with different speed and data consumption limitations, among other characteristics, subject to applicable Broadband Service plans.
4.1.4 MBTC's determination of the data consumption for Broadband Service accounts is final.
5. Violation of this Acceptable Use Policy (AUP)
5.1 MBTC reserves the right to immediately suspend, terminate, or throttle your Broadband Service account if you, or anyone you permit to access the Broadband Service, violate the terms of this AUP.
5.2 MBTC does not routinely monitor the activity of individual Broadband Service accounts for violations of this AUP, except for determining aggregate data consumption in connection with the data consumption provisions of this AUP. However, in the company's efforts to promote good citizenship within the Internet community, MBTC reserves the right to respond appropriately if it becomes aware of inappropriate use of the Broadband Service. MBTC has no obligation to monitor the Broadband Service and/or the network. However, MBTC reserves the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Broadband Service; identify violations of this AUP; and/or protect the network, the Broadband Service and MBTC users.
5.3 MBTC prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. MBTC also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without MBTC's intervention. However, if the Broadband Service is used in a way that MBTC, in its sole discretion, believes violates this AUP, MBTC may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Broadband Service. Neither MBTC nor its affiliates, suppliers, and/or agents will have any liability for any of these responsive actions. These actions are not MBTC's exclusive remedies and MBTC may take any other legal or technical actions it deems appropriate with or without notice.
5.4 MBTC reserves the right to investigate suspected violations of this AUP, including, but not limited to, the gathering of information from the user or users involved and the complaining party, if any, and examination of material on MBTC's servers and network. During an investigation, MBTC may suspend the account or accounts involved and/or remove or block material that potentially violates this AUP. You expressly authorize and consent to MBTC cooperating with (1) law enforcement authorities in the investigation of suspected legal violations, and (2) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this AUP. Upon termination of your Broadband Service account, MBTC is authorized to delete any files, programs, data, e-mail and other messages associated with your account (and any secondary accounts).
5.4 The failure of MBTC to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. You agree to indemnify, defend and hold harmless MBTC and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from any violation of this AUP. Your indemnification will survive any termination of your broadband service.
6. Copyright and Digital Millennium Copyright Act Requirements
6.1 Mound Bayou Telephone and Communications (MBTC) is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Broadband Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Broadband Service (or any part of the Broadband Service) in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is MBTC's policy in accordance with the DMCA and other applicable laws to reserve the right, in appropriate circumstances, to terminate the Broadband Service provided to any customer or user who is determined to be a repeat infringer, or who MBTC, in its sole discretion, believes is repeatedly infringing these rights. MBTC may terminate the Broadband Service at any time with or without notice to or for any affected customer or user.
6.2 Copyright infringement notices meeting the requirements of the Digital Millennium Copyright Act (17 USC 512) should be sent to MBTC's Designated Agent listed at
https://www.copyright.gov/dmca-directory/As of September 12, 2018, MBTC’s DMCA Designated Agent is:
12 S. Third St.
P.O. Box 922
Bay Springs, MS 39422
6.3 What Constitutes a Valid DMCA Notice
To allow a DMCA notice to be able to be processed, the notice must meet the requirements found in 17 USC 512, with particular attention to 17 USC 512(c)(3). Failure to adhere to the following guidelines, or any requirement of 17 USC 512, may result in delay of processing or may result in non-processing due to being invalid notice:
a. Designated Agent: DMCA Notices must be addressed to our registered DMCA agent at their proper current address as found both at https://dmca.copyright.gov and above in section 6.2 of these Terms. [see 17 USC 512(c)(3)(A)]
b. Signature: The takedown notice should include the copyright owner’s signature or the signature of the person authorized to act on behalf of the owner (i.e., the owner’s agent). The signature can be in physical or electronic form. [see 17 USC 512(c)(3)(A)(i)] Whoever signs the notice should also identify whether they are the copyright owner or agent of the owner.
c. Identify the Work Allegedly Infringed: The takedown notice should clearly identify the copyrighted work or works claimed to be infringed. If multiple copyrighted works are being claimed to be infringed at a single online site the notice sender does not need to identify every single work, but instead can use a representative list of such works claimed to be infringed on the site. [see 17 USC 512(c)(3)(A)(ii)]
d. Identify the Allegedly Infringing Activity and its Location: The takedown notice should clearly identify the activity that is claimed to be infringing, and information reasonably sufficient to permit the service provider to locate the allegedly infringing activity on its site or service. Typically, notice senders indicate the alleged activity and include the IP address or web address (URL), as most appropriately necessary in locating the alleged infringing party, indicating where the referenced activity has been observed to be occurring and the exact date and time the infringement was observed. [see 17 USC 512(c)(3)(A)(iii)]
e. Contact Information: The takedown notice should contain the notice sender’s contact information. Ideally, this information should include the notice sender’s email address, mailing address and/or telephone number. [see 17 USC 512(c)(3)(A)(iv)]
f. Good Faith Belief: The takedown notice should include a statement that the notice sender has 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. [see 17 USC 512(c)(3)(A)(v)]
g. Accuracy of your Statements: The takedown notice should include a statement that the information in the takedown notice is accurate, and under penalty of perjury, that the notice sender is authorized to act on behalf of the copyright owner. [see 17 USC 512(c)(3)(A)(vi)] Providing false information and making a false claim may be punishable under federal law, and those making false notices may be sued and held civilly liable.
[should any reference become outdated or any of the above guidelines be found to conflict with existing law, refer to 17 USC 512 to determine appropriate guidelines and requirements]
7. Indemnification and Limitation of Liability
7.1 If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, Your sole and exclusive remedy against MBTC or the MBTC Affiliated Parties is to terminate this Agreement and discontinue using the Service by canceling the account by following the procedures described in this Agreement.
ALL INFORMATION YOU RECEIVE FROM OR THROUGH THE SERVICE IS PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING OR USAGE OF TRADE). THE INFORMATION AND SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MBTC AND MBTC AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SERVICE, INABILITY TO USE THE SERVICE OR YOUR RELIANCE ON OR USE OF INFORMATION FROM THE SERVICE OR THROUGH THE SERVICE THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR ANY FAILURE OF PERFORMANCE. IN PARTICULAR, BUT NOT AS A LIMITATION, MBTC AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE, WHETHER BASED ON BREACH OF CONTACT, BREACH OF WARRANTY, TORT, (INCLUDING NEGLIGENCE) PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MBTC AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE PROVISION OF SERVICES OR ITS PERFORMANCE MAY BE BROUGHT BY YOU MORE THAN SIX (6) MONTHS AFTER THE CAUSE OF ACTION HAS ACCRUED.
YOU ACKNOWLEDGE THAT ACCESS TO AND USE OF THE SERVICE MAY EXPOSE YOUR DATA, COMPUTER SYSTEM AND NETWORK TO VIRUSES, ADWARE, SNOOPWARE, SPYWARE, MALWARE, HIJACKWARE, KEY LOGGERS, TROJAN HORSES, WORMS AND OTHER MALICIOUS CODE THAT MAY THREATEN THE SECURITY AND OPERATION OF YOUR SYSTEM AND NETWORK (COLLECTIVELY, "MALICIOUS CODE"). ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES, LOSS OF DATA, OR INVASION OF YOUR PRIVACY CAUSED BY MALICIOUS CODE CONTAINED WITHIN ANY ELECTRONIC FILE YOU ACCESS THROUGH OR OBTAIN FROM THE SERVICE IS DISCLAIMED. MBTC'S MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES RELATING TO OUR PROVISION OF THE SERVICE SHALL NOT EXCEED $100 OR THE FEES YOU HAVE PAID IN THE PREVIOUS TWELVE (12) MONTHS, WHICHEVER IS LESS, FOR THE SERVICE GIVING RISE TO, OR WHICH IS THE SUBJECT OF, THE CLAIM WHETHER SUCH CLAIM ALLEGES BREACH OF CONTRACT, OR TORTIOUS CONDUCT INCLUDING, BUT NOT LIMITED TO, NEGLIENCE OR ANY OTHER THEORY.
You agree to defend, indemnify, and hold MBTC and MBTC Affiliated Parties harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by You or those who access the Service(s) through Your account and, the use of the Service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by You or by those who have access to the Service(s) through Your account.
Revised and effective as of: 2/13/2020