Effective July 1, 2020
Capitalized terms in this Policy are as defined in the MidSouth Fiber Terms and Conditions, unless otherwise expressly defined herein.
When this Policy applies
This Policy applies to the information MidSouth Fiber collects when Subscriber uses the Service(s) that link to such information. This Policy also applies to the information MidSouth Fiber collects about Subscriber from third parties. This Policy does not apply to non-MidSouth Fiber Service(s).
Here are a few special circumstances where this Policy may not apply, or may apply in addition to other policies:
- In certain cases, when Subscriber is using the Service(s), other companies may be collecting information, so that Subscriber’s information may be covered by this Policy and other privacy policies at the same time. Here are some examples: if Subscriber uses the Service(s) to connect to a social networking service; or if Subscriber provides Subscriber’s information to another company through a co-branded website, app or service controlled by the other company. In those cases, any information Subscriber provides to those companies may be subject to just policies of those companies, or subject to both the policies of those companies and this Policy.
- If Subscriber is a MidSouth Fiber business customer, MidSouth Fiber may have written product or service agreements that contain specific provisions about confidentiality, security or handling of information. When one of those agreements differs from or conflicts with this Policy, the terms of those agreements shall control.
- Because this Policy describes the privacy practices for all Service(s), some parts may not apply to Subscriber. For example, if Subscriber does not subscribe to MidSouth Fiber Telephone Service (a/r/a Phone Service), MidSouth Fiber will not collect call detail information.
The information MidSouth Fiber Collects
To provide Subscriber with the Service(s), MidSouth Fiber collects Subscriber’s personal information. This can include information that does not personally identify Subscriber—such as device numbers, IP addresses, and account numbers. It may also include information that does personally identify Subscriber, such as Subscriber’s name, address, and telephone number. MidSouth Fiber calls any information that identifies Subscriber, personally identifiable information (“PII”).
If Subscriber allows third parties to use Subscriber’s MidSouth Fiber accounts or Service(s), MidSouth Fiber will also collect personal information about those individuals. If a user is not a MidSouth Fiber customer, but uses MidSouth Fiber Service(s) through Subscriber’s account, MidSouth Fiber will collect information about that user, but that information may not identify who that user is to MidSouth Fiber. MidSouth Fiber may also collect information about that user from third parties.
MidSouth Fiber collects this information to provide the Service(s), respond to Subscriber’s requests, and to tailor the Service(s) to best meet Subscriber’s needs and interests.
Here are detailed examples of information MidSouth Fiber collects from the Service(s):
- “Account Information” includes contact and billing information, service-related details and history and similar information, including Customer Proprietary Network Information (“CPNI”). It also includes technical, equipment and usage information that relate to the services, products, websites, and networks MidSouth Fiber provides to Subscriber.
- “Equipment Information” includes information that identifies or relates to equipment on MidSouth Fiber’s networks, such as type, identifier, status, settings, configuration, software, or use.
- “Network Performance and Usage Information” includes information about MidSouth Fiber’s networks, including Subscriber’s use of Service(s) or equipment on the networks, and how each is performing.
- “Location Information” includes Subscriber’s street address, ZIP code and where Subscriber’s device is located.
- “TV and Video Viewing Information” is generated when Subscriber uses MidSouth Fiber video services, such as apps or internet protocol television services. MidSouth Fiber gets information from the technologies Subscriber uses to watch TV or video. These services may also include video on demand, pay per view, streaming service, interactive services and games, DVR services, TV apps for a tablet or smartphone and similar services and products. If Subscriber is watching TV or video through a web browser or app, MidSouth Fiber may also collect information as described above in the web browsing and app information section. MidSouth Fiber also collects information related to Subscriber’s use and interaction with the equipment in Subscriber’s home including the set top boxes, remotes and other devices Subscriber may use to access the Service(s).
- Installation and use of MidSouth Fiber applications (“App”) through mobile marketplaces (i.e., Apple App Store or Google Play Store) may collect and process information provided directly by Subscriber when Subscriber installs the App and registers for an account to use the App. This information may include, but is not limited to, Subscriber’s name, email address, location, Subscriber’s phone or contact book data, Subscriber’s inventory of installed apps, and/or Subscriber’s screen recordings. MidSouth Fiber may also gain access to browser information and session Cookies related to Subscriber’s use of and access to the App. Data insights MidSouth Fiber attains based on correlation and analytics of Subscriber’s information collected in providing the App, which may be used in aggregated and dis-aggregated formats or to obtain trend analytics, to provide the App; and use of the aforementioned described collected information in aggregated and dis-aggregated formats to enhance MidSouth Fiber’s current App or to provide additional App features.
How MidSouth Fiber gets Subscriber’s information
MidSouth Fiber collects Subscriber’s information in 3 ways:
- Subscriber gives the information to MidSouth Fiber when Subscriber signs up for Service(s), make changes to Subscriber’s account, or otherwise directly communicate with MidSouth Fiber.
- MidSouth Fiber automatically gets the information when Subscriber uses or Subscriber’s devices use the Service(s). For example, MidSouth Fiber uses network tools to collect information about performance and WiFi signal to Subscriber’s devices.
- MidSouth Fiber gets the information from outside sources like credit reports, marketing mailing lists, and commercially available geographic and demographic information, along with other available information, such as public posts to social media sites.
How MidSouth Fiber uses Subscriber’s information
MidSouth Fiber uses the information MidSouth Fiber collects to provide the Service(s) and communicate with Subscriber. MidSouth Fiber also uses the information to improve the Service(s), develop new Service(s), give recommendations, deliver personalized marketing and advertising for MidSouth Fiber’s own Service(s), investigate theft and other illegal activities, and to ensure a secure online environment.
MidSouth Fiber also uses the information collected by the App, including PII, to provide Subscriber with the App as described in this Policy; implement, improve, and/or enhance the App, including to make future releases available to Subscriber; carry out MidSouth Fiber obligations as described or authorized in the MidSouth Fiber Terms and Conditions, Acceptable Use Policy, and this Policy; enforce MidSouth Fiber rights arising from the MidSouth Fiber Terms and Conditions between Subscriber and MidSouth Fiber; and fulfill any other purpose authorized by Subscriber and reasonably required for the App.
How MidSouth Fiber shares Subscriber’s information
- MidSouth Fiber shares the information with Subscriber’s permission.
- MidSouth Fiber shares the information across affiliate companies of MSEC Communications, LLC, including, but not limited to, Mid-South Electric Cooperative Association.
- MidSouth Fiber shares the information with third parties connected to MidSouth Fiber for purposes of providing Service(s).
- MidSouth Fiber shares the information when required by law or to respond to legal process.
Sharing Subscriber information across MSEC Communications, LLC affiliates
Like many companies, MidSouth Fiber has a number of affiliates. MidSouth Fiber shares information that may identify Subscriber personally internally among affiliates of MSEC Communications, LLC, including, but not limited to, Mid-South Electric Cooperative Association. For information collected under this Policy, MidSouth Fiber requires the affiliates to protect the information consistent with this Policy.
Sharing Subscriber’s information with third parties
MidSouth Fiber may share information with non-MidSouth Fiber companies for the purpose of providing and supporting the Service(s).
MidSouth Fiber does not sell information that identifies who Subscriber is to anyone. Although permitted by federal law, MidSouth Fiber does not disclose Subscriber’s name and address to non-governmental entities, such as charities or business, for marketing purposes of MidSouth Fiber.
Sharing with Public Safety Authorities
If Subscriber uses the MidSouth Fiber Telephone Service (a/r/a “Phone Service”), MidSouth Fiber will disclose Subscriber’s name and contact information to public safety authorities such as 911/E911 and related emergency services.
Directory Services, Assistance, and Caller ID
Subscriber’s name, address, and telephone number may be sent to publishers to be printed in directories and posted in online directories. Once that information is printed or posted online, it is outside of MidSouth Fiber’s control and may be sorted or repackaged and made available again in different formats by anyone, including data aggregators, for a variety of purposes, including marketing. For a fee, Subscriber can choose to have a non-published number, which means that MidSouth Fiber will not provide Subscriber’s name, address, and telephone number for publishing in the phone book and online directories.
MidSouth Fiber may also make Subscriber’s number, name, and address available to directory assistance (411) providers. For a separate fee from the non-published number fee, MidSouth Fiber will not make Subscriber’s number available through directory assistance. MidSouth Fiber may still share Subscriber’s name and address with the 411 providers when specified by law (but the provider is not authorized to share Subscriber’s non-published number).
Caller ID provides Subscriber’s name and telephone number to the person Subscriber is calling – even if Subscriber has a non-published number.
How long MidSouth Fiber keeps Subscriber information
MidSouth Fiber keeps Subscriber’s personal information for different lengths of time depending on the type of information and the business and legal requirements. For example, if Subscriber is a customer, MidSouth Fiber keeps Subscriber’s personal information for as long as Subscriber subscribes to one or more of MidSouth Fiber Service(s). If Subscriber no longer subscribes to the Service(s), MidSouth Fiber still may need that information for business and legal requirements, such as to protect against fraud, calculate taxes, or respond to legal requests. MidSouth Fiber destroys, de-identifies, or anonymizes the information when it is no longer needed in identifiable form.
MidSouth Fiber is committed to fully complying with the Children’s Online Privacy Protection Act (“COPPA”). COPPA gives parents control over what information websites can collect from their kids. MidSouth Fiber recognizes that parents often subscribe to the Service(s) for family use, including use by minors. Any information collected from such usage will appear to be the PII of the actual Subscriber to the Service(s) and will be treated as such under this Policy. MidSouth Fiber does not knowingly, directly, or passively collect PII from children under the age of 13. If Subscriber believes Subscriber’s child may have provided MidSouth Fiber with PII, Subscriber can contact MidSouth Fiber and MidSouth Fiber will delete the information.
MidSouth Fiber works hard to safeguard Subscriber’s data using a range of technological and organizational security controls.
MidSouth Fiber maintains and protects the security of computer storage and network Equipment and uses security procedures that require employees to authenticate themselves to access sensitive data.
MidSouth Fiber also limits access to personal information only to those employees with jobs requiring such access. MidSouth Fiber requires callers and online users to authenticate themselves before providing account information.
No security measures are perfect, however. MidSouth Fiber cannot guarantee that Subscriber’s information will never be disclosed in a manner inconsistent with this Policy. If a breach were to occur, MidSouth Fiber will notify Subscriber as required by applicable law.
Potential acquisitions of the business
If MidSouth Fiber enters into a potential or actual merger, acquisition, or sale of all or a portion of the assets of MidSouth Fiber, then information about Subscriber and Subscriber’s subscription will, in most cases, be shared or transferred to the surviving entity as part of the transaction. This includes PII.
How to contact MidSouth Fiber about this Policy
Any questions about the accuracy, or disputes relating to access, of Subscriber’s personal information should be directed to MSEC Communications, LLC, d/b/a/ MidSouth Fiber Internet, P.O. Box 970, Navasota, TX 77868. Alternatively Subscriber may call MidSouth Fiber Internet at 936-825-5100 or email us at email@example.com.
Changes in this Policy
This Policy may be changed periodically, as applicable by law and as Service(s) provided by MidSouth Fiber change.
Terms and Conditions
Updated July 2021
This MidSouth Fiber Internet Terms and Conditions (“Agreement”) sets forth the terms and conditions under which Subscriber agrees to use and MidSouth Fiber agrees to provide the Service(s), as hereinafter defined.
The Agreement consists of the terms and conditions provided herein, and the following, which are incorporated herein by reference:
- MidSouth Fiber Acceptable Use Policy (“AUP”); and
MIDSOUTH FIBER REQUESTS SUBSCRIBER TO PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND CONTACT MIDSOUTH FIBER IMMEDIATELY FOR TERMINATION OF SERVICE(S) IF SUBSCRIBER DOES NOT AGREE TO THESE TERMS AND CONDITIONS.
You accept this Agreement and agree to its terms by activating the Services, using the Services, continuing to use the Services after we provide notice of a change to this Agreement, or otherwise indicating your acceptance of the Services. You may not modify this Agreement by making any typed, handwritten, or other changes.
- “MidSouth Fiber” means MSEC Communications, LLC, d/b/a MidSouth Fiber Internet, and/or by any or all other assumed names.
- “Subscriber” means the person, individual or entity, entering into this Agreement for use of the Service(s), as well as, anyone authorized by said person entering into this Agreement to use the Service(s).
- “Parties” means Subscriber and MidSouth Fiber.
- “Broadband Service” means internet services provided by MidSouth Fiber.
- “Television Service” means any Internet Protocol video services provided by MidSouth Fiber.
- “Telephone Service” (a/r/a “Phone Service”) means any Voice Over Internet Protocol (“VOIP”) service provided by MidSouth Fiber.
- “Service(s)” means one or any combination of Broadband Service, Television Service, Telephone Service, and/or any other offering by MidSouth Fiber.
- “Equipment” means the optical network terminal (“ONT”), router, digital video recorder (“DVR”), remote control, streaming device, WiFi extender (“Mesh Unit”), battery backup, or any other devices provided by MidSouth Fiber.
- “Area Of Service” means the geographic region in which MidSouth Fiber operates its fiber optic network.
- Term of Agreement and Survival
The term of this Agreement shall be month-to-month, unless the Agreement is amended by the Parties in writing. The term and effectiveness of this Agreement begins on the Effective Date or upon the date of installation of Equipment on Subscriber’s premises, whichever date is earlier. The term shall end upon cancellation or termination of this Agreement, as set forth in Section 14 herein, by either Subscriber or MidSouth Fiber. Notwithstanding the termination of this Agreement for any reason, provisions of this Agreement on representations, warranties, indemnification, limitation of liability, termination, payment of taxes, notice, force majeure, confidentiality, and severability, and any and all other provisions which by its nature or effect is required to be observed, kept or performed after termination, shall survive termination for the applicable statute of limitations. Notwithstanding any provisions to the contrary, all rights, remedies, or obligations which arose or accrued prior to the termination or expiration of the terms hereof shall survive and be fully enforceable for the applicable statute of limitations.
- Changes to this Agreement
MidSouth Fiber will give notice of these Revisions through one of the following:
- Postings on the website, midsouthfiber.com/legal;
- Written to last known Subscriber email address;
- Written and sent by mail to Subscriber’s service address; or
- Written and handed to Subscriber in person.
- Pricing and Payment Obligation
Subscriber shall purchase a level of Service(s) with a minimum price of Sixty-Four and 95/100 Dollars ($64.95) per month, excluding taxes, fees, and surcharges. Subscriber is responsible for all charges associated with the Service(s), including taxes, fees, surcharges, and assessments imposed from time to time in connection with the Service(s).
Pricing for the Service(s) is available on www.midsouthfiber.com. Payment is due on the Subscriber’s due date every month. Service(s) is billed and invoiced in advance. For example, a bill cycle that starts on the 15th of the month will end on the 14th of the following month. In this example, a payment would be due by the 14th of the following month. Service(s) will be suspended by MidSouth Fiber if the new bill is not paid by the start of next billing cycle.
Installation fees will be assessed on a per Subscriber basis. MidSouth Fiber will notify Subscriber of these fees before the installation date. Subscriber can either accept the installation fee or cancel Subscriber’s Service(s) request before the installation date. Failure to cancel the Service(s) request before the installation date shall be an automatic acceptance of the installation fee and MidSouth Fiber will proceed with installation of the Service(s).
MidSouth Fiber will provide Equipment for use of the Service(s), which shall at all times remain the sole property of MidSouth Fiber. The Equipment shall not be tampered with, modified, and/or damaged and shall be returned upon cancellation of the Service(s) in the same condition as originally delivered. Some reasonable wear and tear will be acceptable. The Equipment shall be returned within ten (10) days of cancellation of the Service(s) and must be returned in person to a MidSouth Fiber customer facing location, which can be found at www.midsouthfiber.com or mail the Equipment to MidSouth Fiber C/O Equipment Returns 7625 Hwy 6, Navasota, TX 77868.
- Availability of and Changes to Service(s)
- Service(s) Availability and Bandwidth. Bandwidth is provided on a per line basis and not a per device basis. The Service(s) is provisioned at the selected rate and speed selected by Subscriber. The bandwidth provided to each device will vary depending on the capabilities of the device, number of concurrent devices using the Service(s), the type of use, and other factors. The speed of the Service(s) may vary based on network or Internet congestion, among other outside factors such as quality of the wireless signal inside the premises. MidSouth Fiber Broadband Service, Television Service, and Telephone Service share bandwidth on the fiber optic connection to the Subscriber premises.
- Service Plans. Subscriber can view different service plans at midsouthfiber.com and request changes to Service(s) by logging into Subscriber’s account online, by calling 936-825-5100 or visiting a MidSouth Fiber location and requesting a change to Service(s). Changes in Service(s) may incur additional fees and expenses.
- Changes. MidSouth Fiber reserves the right to change its Service(s) offerings, features, content, and Equipment authorized for use on the MidSouth Fiber network, with or without notice to Subscriber.
- Authorized User and Use of the Service(s)
Subscriber or Subscriber’s representative hereby acknowledges that Subscriber or Subscriber’s representative has the legal authority to enter into this Agreement and bind the Subscriber. Subscriber agrees to promptly notify MidSouth Fiber when Subscriber’s personal or billing information changes. Subscriber is responsible for all use of the Service(s), including, but not limited to, use by someone else, a third party, using Subscriber’s account or Service(s) with or without Subscriber’s permission. Subscriber agrees to pay for all activity associated with the Subscriber account and to comply with all applicable laws, regulations, and rules regarding Subscriber’s use of the Service(s). Subscriber shall not sell, transfer, lease, encumber or assign all or part of the Service(s).
Installation of the Service(s) means the Service(s) has been made available to the Subscriber. MidSouth Fiber does not guarantee that Service(s) will be available to every location within the Area Of Service. MidSouth Fiber, at its sole discretion, may accept or reject any potential Subscriber. It is truly MidSouth Fiber’s goal to provide the Service(s) to everyone it can reach, but due to the complex nature of the Service(s), it may not be possible for MidSouth Fiber to deliver Service(s) to everyone in the Area Of Service. Where, after installation has begun for a potential Subscriber, it is learned that Service(s) is not reasonably possible, MidSouth Fiber, in its sole discretion, will cancel the installation process and refund any money Subscriber paid for installation.
When ordering the Service(s), Subscriber will be responsible for providing any Inside Wiring (“IW”) in the form of copper wire or fiber optic cable between the MidSouth Fiber ONT at Subscriber’s location and the router equipment that will be located at Subscriber’s premises. In most cases, the IW will already be present in Subscriber’s existing locations, however Subscriber will be responsible for providing any additional IW which may be required. If additional IW is required, Subscriber may have the option of ordering IW from MidSouth Fiber or installing Subscriber’s own IW. If Subscriber elects to install Subscriber’s own IW, the IW must be installed and available for use by MidSouth Fiber before Subscriber orders Service(s). If IW service is ordered from MidSouth Fiber, it is Subscriber’s sole responsibility to obtain landlord permission or approvals for such IW.
- Access to Subscriber’s Premises
Subscriber shall allow MidSouth Fiber and its agents the right to enter Subscriber’s real property and premises, for purposes of installing, configuring, maintaining, inspecting, upgrading, replacing and removing the Service(s) and Equipment.
- Easement on Subscriber’s Property
In consideration for receiving the Service(s), Subscriber grants, will grant, or will secure from property owner, at Subscriber’s sole expense, all necessary easements and right-of-way on property owned or controlled by Subscriber. Subscriber will provide suitable space on such premises for installation of facilities where such rights-of-way and space are necessary to provide Service(s) to Subscriber. MidSouth Fiber representatives, employees, and assigns are hereby granted right of ingress and egress to Subscriber’s premises at all reasonable times for the purpose of inspecting facilities, providing Service(s), and carrying out the provisions hereof.
- Software Licenses and Third-Party Services
MidSouth Fiber may provide Subscriber, free of charge or for a fee, software for use in connection with the Service(s) which is owned by MidSouth Fiber, or a third party. Subscriber agrees to accept any end user license agreements (“EULA”) before the use of software connected with the Service(s). For software not accompanied by a EULA, Subscriber is granted a revocable, non-exclusive, non-transferable license by MidSouth Fiber, or its applicable third party licensor(s) to use the software. Subscriber’s license to use the software will remain in effect until terminated by MidSouth Fiber, or its third party licensor or suppliers, or until Subscriber Service(s) is terminated. Violation of any license or EULAs may result in the termination of Subscriber’s Service(s).
All title and intellectual property rights, including, but not limited to, copyrights, trademarks, patents, trade secrets, and know how, are the property of MidSouth Fiber, or its third party affiliates or licensors. All intellectual property rights are the property of the respective owner and may be protected by applicable law or treaties.
- Management of Subscriber Data
Subscriber is solely responsible for obtaining, maintaining, and updating all Equipment and software necessary to use the Service(s), and for the management of Subscriber’s own information, including backing up and restoring Subscriber’s data. MIDSOUTH FIBER IS NOT RESPONSIBLE FOR THE LOSS OF SUBSCRIBER DATA OR FOR THE BACK UP OR RESTORATION OF SUBSCRIBER DATA.
Subscriber consents to receive notices, documents, disclosures and other communications from MidSouth Fiber about Subscriber’s account or Service(s) (collectively, “Communications”) in an electronic format to Subscriber’s contact email address and agrees that the Communications provided to Subscriber by MidSouth Fiber electronically will be deemed a writing. Subscriber agrees to regularly check Subscriber’s email account for Communications. If Subscriber does not want to receive Communications from MidSouth Fiber electronically or if Subscriber withdraws Subscriber’s consent to receive such Communications electronically, then Subscriber shall stop using the Service(s). The withdrawal of Subscriber’s consent will not affect the legal validity and enforceability of any electronic Communications provided or business transacted between MidSouth Fiber and Subscriber prior to the time Subscriber withdraws Subscriber’s consent.
Phone Calling and Texting. In addition, Subscriber hereby agrees that Subscriber’s execution of the Agreement or use of the Service(s) constitutes Subscriber’s express written consent to receive automated and manually dialed calls, text messages and pre-recorded messages at the phone number(s) that Subscriber provides MidSouth Fiber in connection with the Service(s). Consent to receiving autodialed calls, text messages, and/or pre-recorded messages from MidSouth Fiber is not required to purchase products or Service(s) from MidSouth Fiber.
Changing Subscriber Contact Preferences. Subscriber may exercise Subscriber’s option to not receive any marketing communications from and/or automated or manually dialed calls, text messages and pre-recorded messages from MidSouth Fiber by going to www.midsouthfiber.com, or calling MidSouth Fiber’s Customer Care Center at 936-825-5100. Subscriber may also text STOP
in response to any text message from MidSouth Fiber to stop receiving text messages from MidSouth Fiber.
Subscriber may cancel Service(s) by calling MidSouth Fiber at 936-825-5100 or by visiting a customer facing MidSouth Fiber location and requesting cancellation with a customer service representative. These are the only methods available for cancellation of Service(s) and any other attempts to cancel Service(s) will be invalid. Pro-rated refunds will not be issued for any partial months of Service(s).
MidSouth Fiber reserves the right to change, limit, terminate, modify, or temporarily or permanently cease providing the Service(s) if Subscriber is found to be in violation of any portion of this Agreement or incorporated agreements. If MidSouth Fiber cancels Subscriber’s Service(s) under this Section 15, Subscriber shall cease using the Service(s) and return all Equipment. Subscriber shall also be responsible for any applicable fees and/or Equipment charges.
- Warranties and Limitation of Liability
SUBSCRIBER AGREES AND ACKNOWLEDGES THAT THE SERVICE(S) SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFIED SPECIFICALLY IN THIS AGREEMENT OR AS OTHERWISE SPECIFICALLY SET FORTH IN A MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY MIDSOUTH FIBER, MIDSOUTH FIBER (AND ITS OFFICERS, EMPLOYEES, MEMBERS, CUSTOMERS, PARENT CORPORATION, SUBSIDIARIES, AFFILIATES, THIRD PARTY LICENSORS, PROVIDERS, SUPPLIERS, AGENTS AND REPRESENTATIVES) (COLLECTIVELY “MIDSOUTH FIBER PARTIES”) DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE(S), WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE.
MIDSOUTH FIBER PARTIES DISCLAIM ANY AND ALL WARRANTIES THAT ANY OF THE SERVICE(S), EQUIPMENT, OR OTHER EQUIPMENT AUTHORIZED BY MIDSOUTH FIBER, FOR USE IN CONNECTION WITH THE SERVICE(S) WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE.
MIDSOUTH FIBER SHALL NOT BE LIABLE FOR LOSS OF SUBSCRIBER DATA; SECURITY BREACHES; EAVESDROPPING; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE(S); SUBSCRIBER’S RELIANCE ON OR USE OF THE SERVICE(S); INTERRUPTIONS (INCLUDING DUE TO MAINTENANCE), DELETION OF FILES, ERRORS, OR DEFECTS REGARDLESS OF WHETHER SUBSCRIBER’S DATA IS MAINTAINED ON THE MIDSOUTH FIBER INTERNET SERVERS OR SUBSCRIBER DEVICE(S); DELAYS IN OPERATION, TRANSMISSIONS, CORRUPTION OF DATA, INVALID DESTINATIONS OR ANY FAILURE OF PERFORMANCE OF THE SERVICE(S); USE OF THE SERVICE(S) BY SUBSCRIBER OR A THIRD PARTY THAT INFRINGES A THIRD PARTY’S COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OTHER INTELLECTUAL PROPERTY, PROPRIETARY, OR CONTRACTUAL RIGHTS; OR ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY THIRD PARTY PRODUCTS, SERVICE(S) OR INFORMATION OR THE MERCHANTABILITY OF SUCH ITEMS (INCLUDING ANY SUCH ITEMS OFFERED THROUGH CO-BRANDED WEB SITES LINKED FROM THE MIDSOUTH FIBER WEB SITES).
IN NO EVENT SHALL THE MIDSOUTH FIBER PARTIES BE LIABLE FOR: (1) ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE(S), OR RELIANCE ON OR PERFORMANCE OF THE SERVICE(S), REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF MIDSOUTH FIBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES; OR (2) ANY CLAIM(S) AGAINST SUBSCRIBER BY ANY OTHER PARTY.
THE MIDSOUTH FIBER PARTIES SHALL HAVE NO LIABILITY WHATSOEVER FOR: (1) SUBSCRIBER’S FAILURE TO PROPERLY INSTALL, USE OR OPERATE THE EQUIPMENT; OR (2) ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY OF SUBSCRIBER’S DEVICES, SOFTWARE, FILES, DATA, PERIPHERALS OR PROPERTY DUE TO SUBSCRIBER’S INSTALLATION, ATTEMPTED INSTALLATION, USE, REPAIR OR REMOVAL OF THE EQUIPMENT.
THE FOREGOING LIMITATIONS APPLY TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF THE MIDSOUTH FIBER PARTIES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST ANY MIDSOUTH FIBER PARTIES IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. SUBSCRIBER’S EXCLUSIVE AND ONLY REMEDIES UNDER THE AGREEMENT ARE AS EXPRESSLY SET FORTH IN THE AGREEMENT.
THE LIABILITY OF THE MIDSOUTH FIBER PARTIES, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSE OR OTHER AGREEMENTS), FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) SUBSCRIBER HAS PAID TO MIDSOUTH FIBER FOR THE SERVICE(S) DURING THE THREE (3) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW.
UNLESS OTHERWISE EXCEPTED AS EXPRESSLY PROVIDED HEREIN, ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 16 ALSO APPLY TO MIDSOUTH FIBER PARTIES, AS THIRD-PARTY BENEFICIARIES OF THIS AGREEMENT.
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDIES. SUBSCRIBER MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, THE EXCLUSIONS OR LIMITATIONS PROVIDED HEREIN MAY NOT APPLY TO SUBCRIBER.
Subscriber agrees to defend, indemnify and hold harmless MidSouth Fiber Parties from and against all third party claims, demands, suits, actions, judgments, losses, costs, damages, including, but not limited to, direct, indirect and consequential damages, attorney(s)’ fees and expenses that one or more of the MidSouth Fiber Parties may sustain or incur by reason of Subscriber’s use or misuse of the Service(s) or the Equipment provided by MidSouth Fiber, for use of the Service(s), or such use or misuse by any third party through Subscriber’s account including, but not limited to, by such use or misuse: (i) in violation of applicable laws or regulations or the terms of the Agreement; (ii) in connection with any claims for infringement of any intellectual property rights arising from or in connection with such use or misuse; (iii) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible property (including data); or (iv) any claims of the owner of Subscriber’s premises in connection with the installation of the Service(s).
- Dispute Resolution
It is the goal of MidSouth Fiber to make the Subscriber a happy customer, but if there is an issue that needs to be resolved, this Section 18 outlines Subscriber’s exclusive action for resolving a dispute.
- Mediation: If disputes cannot be resolved informally between MidSouth Fiber and Subscriber, MidSouth Fiber will attempt to resolve all disputes through mediation. Mediation is completely voluntary and does not preclude Subscriber from the rights outlined in Section 18(b). Notice of the desire to resolve a dispute through mediation shall be given to the other Party by the Party requesting the same, in accordance with the instructions set forth in Section 19. In a mediation between Subscriber and MidSouth Fiber, MidSouth Fiber will assign a mediator that is not directly involved in the dispute to help both Parties reach an agreement. Such person has all the rights and protections of a mediator and the process has all the protections associated with mediation as provided by applicable law.
- Arbitration: If disputes are not resolved informally or by mediation, Subscriber and MidSouth Fiber both agree to only resolve disputes by arbitration. SUBSCRIBER UNDERSTANDS BY ACCEPTING THIS AGREEMENT SUBSCRIBER RELINQUISHES THE RIGHT TO BRING ANY AND ALL CLAIMS BEFORE A COURT OR JURY AND WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION AS A PLAINTIFF OR MEMBER. An Arbitrator can award the same relief, damages, and fee that a court could and must honor the same terms of this Agreement as a court would.
The Federal Arbitration Act applies to this Agreement and the American Arbitration Association (“AAA”) rules will apply. Arbitration shall take place in Grimes County, Texas. This agreement to arbitrate is intended to be broadly interpreted. Such agreement includes, but is not limited to: (i) all claims or disputes arising out of or relating to any aspect of the relationship between MidSouth Fiber and Subscriber, whether based in contract, tort, statute, fraud, misrepresentation and/or any other legal theory; (ii) all claims and disputes that arose before this or any prior agreement; (iii) claims that are currently the subject of purported class action litigation in which Subscriber is not a member of a certified class; and (iv) claims that may arise after the termination or cancellation of this Agreement.
THIS AGREEMENT DOES NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARIBITRATION HELD UNDER THIS AGREEMENT. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
Notwithstanding the foregoing agreement, MidSouth Fiber is not bound to use arbitration to initiate debt collection against Subscriber except in response to claims Subscriber may have made in arbitration.
- Notices for dispute resolution: If either Party intends to seek mediation or arbitration under this Agreement, the Party seeking the mediation or arbitration must first notify the other Party of the dispute in writing with a minimum of thirty (30) days’ notice. Written notices can be sent by electronic mail. Notices sent to MidSouth Fiber should be sent to: firstname.lastname@example.org or you can send a written notice to PO Box 970, Navasota, TX 77868.
- Notices from Subscriber: Notices by Subscriber must be sent to Attn: Customer Service, P.O. Box 970, Navasota, TX 77868.
- Notices from MidSouth Fiber: Notice by MidSouth Fiber (including notices of changes to this Agreement) shall be deemed given when: (i) posted to the Notices page on midsouthfiber.com; (ii) transmitted to Subscriber’s last known email address on file; (iii) when mailed or hand-delivered to the Service(s) address on file; or (iv) when hand delivered to Subscriber in person. Mail notices may also be included in Subscriber’s billing statement.
- Waiver and Performance
MidSouth Fiber’s failure to require strict performance of any term of the Agreement will not be a waiver of MidSouth Fiber’s right to require performance of any term or condition of the Agreement.
The Agreement is governed by the laws of the State of Texas without regard to conflict of law principles. To the extent any suit is filed related to this Agreement, the federal and state courts located in Grimes County, Texas alone have jurisdiction over all disputes arising out of or related to the Agreement and the Service(s). Subscriber consents to the personal jurisdiction of such courts sitting in Grimes County, Texas with respect to such matters, and waives Subscriber’s rights to removal.
- Third Party Rights
The Agreement is made solely for the benefit of the Subscriber and MidSouth Fiber, and does not, and shall not, be construed to grant any rights or remedies to any other person or entity other than expressly provided for in the Agreement.
Subscriber shall not assign or otherwise transfer this Agreement, or Subscriber’s rights or obligations under this Agreement, in whole or in part, to any other person. Any attempt to do so shall be void. MidSouth Fiber may freely assign all or any part of this Agreement with or without notice and Subscriber agrees to make all subsequent payments as directed.
- Force Majeure
MidSouth Fiber shall not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, pandemics, fires, floods, strikes, work slowdowns or other labor-related activity, or an inability to obtain necessary equipment or services.
If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
- Entire Agreement
This Agreement and the incorporated agreements hereto constitute the entire agreement between the Parties concerning the subject matter hereof. All prior and contemporaneous agreements, discussions, representations, warranties and covenants are merged herein. There are no warranties, representations, covenants or agreements, expressed or implied, between the Parties except those expressly set forth in this Agreement. Unless otherwise provided herein, any amendments or modifications of this Agreement shall be in writing.
Acceptable Use Policy
Effective July 1, 2020
The purpose of the MidSouth Fiber Acceptable Use Policy (“AUP”) is to ensure all Subscribers ofMidSouth Fiber are receiving the best Service(s) possible. This AUP outlines the acceptable use of the Service(s) and restrictions placed on the use of the Service(s) by the Subscriber.
In addition to agreeing to the MidSouth Fiber Terms and Conditions, Subscriber agrees to be bound by the terms of this AUP. If Subscriber is unwilling to comply with this AUP or the MidSouth Fiber Terms and Conditions, Subscriber shall immediately stop all use of the Service(s) and request MidSouth Fiber close Subscriber’s account or MidSouth Fiber may prevent all use of the Service(s) and close Subscriber’s account in MidSouth Fiber’s sole discretion.
MidSouth Fiber reserves the right to amend this AUP as necessary to comply with applicable state and federal law and regulation. MidSouth Fiber may also change this AUP to support the needs of the business of MidSouth Fiber.
Capitalized terms in this Policy are as defined in the MidSouth Fiber Terms and Conditions, unless otherwise expressly defined herein.
To whom does this policy apply?
This AUP applies to Subscriber and any and all other persons, individuals or entities, who use the Service(s), which includes, but is not limited to, those persons that are invited by the Subscriber to use the Service(s) and those persons that Subscriber may not know are using Subscriber’s Service(s) (collectively, “Third Parties”).
- Use of MidSouth Fiber Equipment for anything other than its intended purpose.
- Violation or the encouragement of the violation of the legal rights of others.
- The intentional unsolicited spamming or mass emailing to any individual or groups.
- The intentional spoofing (changing or masking a number to one that is not legally owned by the Subscriber) of a telephone number.
- The intentional unsolicited calling or text messaging of any individual or group.
- The intentional spreading of destructive or disruptive technologies including, but not limited to, viruses, worms, trojans, corrupted files, and hoaxes.
- To access or attempt to access the network of another Subscriber of MidSouth Fiber or any other internet service provider.
- Solicitation of illegal activities.
- For any unlawful, invasive, infringing, defamatory, or fraudulent purpose.
- Unauthorized copying, downloading, distribution, or display of copyrighted material.
- Operation of servers for commercial purposes. Personal, non-commercial servers that comply with this AUP are acceptable. For example, the use of virtual private networks (“VPN”), video conferencing, and multi-player gaming are acceptable.
- Making the Service(s) available to Third Parties outside the property for which the Service(s) are delivered.
- Reselling the Service(s) without the express consent of MidSouth Fiber.
- Interfering with the use of the Service(s) of other Subscribers and/or Third Parties.
- Attempt to or successfully alter, disable, interfere with, or circumvent any part of the Service(s).
- Robo calling.
- Violation of copyright laws, including, but not limited, the Fair Use Clause.
MidSouth Fiber may implement limitations on bandwidth or other aspects of the Service(s) as permitted by applicable law. MidSouth Fiber implements various tools to monitor and detect violations of this AUP. These tools may include the ability to identify malicious traffic on the network and prevent the distribution of viruses or other malicious internet traffic, temporarily lower the bandwidth of Subscribers in violation of this AUP, or utilize other tools that will assist MidSouth Fiber in providing the best network experience for all MidSouth Fiber Subscribers.
It is the responsibility of Subscriber to protect the security of Subscriber’s network and the equipment that connects to Subscriber’s network. Subscriber must take all necessary precautions to secure and manage the use of the Service(s) to ensure network abuse and/or fraudulent activity is prevented. Subscriber is responsible for all failures to secure the network and prevent fraudulent activity on Subscriber’s Service(s). Subscriber shall be responsible if unknown Third Parties utilize Subscriber’s Service(s) and violate any portion of this AUP or otherwise use the Subscriber’s Service(s) for illegal activity. Violations of this AUP may result in criminal and/or civil liability.
Subscriber shall protect and keep secure the password Subscriber uses to access the Service(s) or websites of MidSouth Fiber. Subscriber is responsible for any and all access to or use of the Service(s) through Subscriber’s account. Attempting to obtain another Subscriber’s account password is prohibited.
Reporting abuse of this AUP or Copyright
All violations of this AUP may be reported to MidSouth Fiber by emailing email@example.com.
MidSouth Fiber complies with the Online Copyright Infringement Liability Limitation Act of 1998. 17 USC 512 (“Act”). MidSouth Fiber reserves the right to suspend or terminate Service(s) for any Subscriber who repeatedly violates the Act. If MidSouth Fiber receives notice that the Subscriber has infringed the copyright of another Subscriber and/or Third Parties through the use of the Service(s), MidSouth Fiber reserves the right to suspend or terminate the violating Subscriber’s Service(s). MidSouth Fiber accommodates and does not interfere with standard technical measures to identify and protect copyrighted works, subject to the limitations of the Act.
Notices and counter-notices for claims of copyright infringement should be sent to the following:
MSEC Communications, LLC
Attn: Net Abuse
P.O. Box 970
Navasota, TX 77868