Legal

Updated November 10, 2021

 

The information and privacy of the Subscriber is important to the Subscriber and MSEC Communications, LLC, d/b/a MidSouth Fiber Internet, and/or by any and all other assumed names (collectively, “MidSouth Fiber”). This MidSouth Fiber Privacy Policy (herein referred to as “Policy”) explains how MidSouth Fiber uses Subscriber’s information and how MidSouth Fiber protects such information.

 

Defined Terms

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).

 

Learn More

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.
• “Web Browsing” includes websites Subscriber visits, internet protocol addresses, URLs, and Cookies, as hereinafter defined. MidSouth Fiber may use Cookies to collect information about Subscriber’s internet usage. A “Cookie” is a small computer file that is placed on a Subscriber’s computer by MidSouth Fiber, a vendor that allows MidSouth Fiber, or the vendor itself to collect information about Subscriber’s web browsing history.
• “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.

 

CPNI

CPNI is information about your VOIP Services from us, including what plans you subscribe to, how you use these Services and details such as who you have called. (Your telephone number, name and address are not considered CPNI.) We use CPNI internally and share it outside MidSouth Fiber only when conforming with applicable regulations and orders of the Federal Communications Commission.

 

We do not share CPNI with anyone outside of the MidSouth Fiber Parties as defined in the MidSouth Fiber Internet Terms and Conditions or our authorized agents or vendors without your consent, with the following authorized exceptions: Court orders; as authorized by law; fraud detection; to provide your service and route your calls; for network operations and security; aggregate (grouped) information and information that doesn’t identify you personally.

 

We may use your CPNI internally. We may share information about our customers among the MidSouth Fiber Parties to offer new or enhanced services or promotions. We can also use your CPNI for the purpose of turning it into aggregate data or information that does not personally identify you.

 

It is your right and our duty under federal law to protect the confidentiality of your CPNI.

If you don’t want us to use your CPNI internally for things like offers, you can call us at (936) 825-5100 and let a representative know you would like to opt out.

 

If you choose to restrict our use of your CPNI, it won’t affect your ability to use any of your services. You can change your mind at any time about letting us use or not use your CPNI. If you restrict your CPNI use, you may still get marketing from us, but it won’t be based on using your CPNI.

 

Children’s Privacy

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.

 

Security

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 legal@midsouthfiber.com.

 

Changes in this Policy

This Policy may be changed periodically, as applicable by law and as Service(s) provided by MidSouth Fiber change.

Updated January 2024

 

1. Introduction

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:

1. MidSouth Fiber Acceptable Use Policy (“AUP”);
2. MidSouth Fiber Privacy Policy (“Privacy Policy”);
3. Disclaimer of Emergency 911 Services;
4. MidSouth Fiber Internet Battery Backup Notice;
5. Terms and Conditions of Voice Telephony Lifeline.

The Subscriber also hereby acknowledges Subscriber received notice and accepts the terms and conditions of the AUP and Privacy Policy, which are located at www.midsouthfiber.com. Subscriber signing up for VOIP Service also hereby acknowledges acceptance of the Disclaimer of Emergency 911 Services and the MidSouth Fiber Internet Battery Backup Notice which is also located at www.midsouthfiber.com.

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.

 

2. Definitions

• “MidSouth Fiber” means MSEC Communications, LLC, d/b/a MidSouth Fiber Internet, and/or by any or all other assumed names.
• “MidSouth Fiber Parties” means Midsouth Fiber (and its officers, employees, members, customers, parent corporation, subsidiaries, affiliates, third party licensors, providers, suppliers, agents and representatives)
• “Subscriber” or “Customer” 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” when used alone 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.

 

3. 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.

 

4. Changes to this Agreement

MidSouth Fiber may, in its sole discretion, change, modify, add or remove (collectively “Revisions”) any portion of this Agreement, the AUP and/or the Privacy Policy.

MidSouth Fiber will give notice of these Revisions through one or more of the following:

1. Postings on the website, midsouthfiber.com/legal;
2. Written to last known Subscriber email address;
3. Written and sent by mail to Subscriber’s service address; or
4. Written and handed to Subscriber in person.

Notice will have deemed to be given when one of the aforementioned methods has been executed. The date the Revisions become effective will be the earliest of the above notices, including posting to the MidSouth Fiber website or shall be the Effective Date of this Agreement, AUP or Privacy Policy, whichever date is the earliest. Subscriber’s continued use of the Service(s) following such notice shall be deemed as Subscriber’s acceptance of the Revisions. Subscriber’s only recourse will be to cancel Service(s) consistent with the policies set forth in this Agreement. Subscriber shall not modify this Agreement, the AUP and/or Privacy Policy for any reason.

 

5. 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. Service(s) is billed and invoiced in advance. Payment is due on the Subscriber’s due date, which is 16 days after the bill cycle begins. For example, a bill cycle that starts on the 11^th of the month will end on the 10^th of the following month. In this example, a payment would be due by the 27^th of the month the bill cycle began. Service(s) will be suspended by MidSouth Fiber if the new bill is not paid by the disconnect date located on Subscriber’s bill and a $40 reconnect fee will be assessed.

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).

 

6. Equipment

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, and checked in by a customer service representative, or Subscriber may mail the Equipment to MidSouth Fiber C/O Equipment Returns 9409 Hwy 6 Loop, Navasota, TX 77868. Subscriber may be assessed a fee for failure to properly return Equipment to MidSouth Fiber or if Equipment has been tampered with, modified, or damaged.

Power and battery backup for Equipment

The MidSouth Fiber Equipment may require electrical power from Subscriber premises to operate, which Subscriber is responsible for providing. If there is a MidSouth Fiber router, Mesh unit, or ONT, MidSouth Fiber will not provide a battery backup unit. Any backup battery solution is Subscriber’s responsibility. Subscriber may choose to purchase battery backup for MidSouth Fiber Equipment from third party manufacturers or retailers. For more information and minimum specifications visit midsouthfiber.com/batterybackup.

Subscriber also agrees to be solely responsible for determining when backup batteries for any MidSouth Fiber Equipment requires replacement and for replacing and recycling used batteries. Subscriber agrees to read and follow all manufacturer or vendor directions for the replacement and recycling of backup batteries. For more information and minimum specifications visit midsouthfiber.com/batterybackup.

 

7. Availability of and Changes to Service(s)

1. 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.

 

2. 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.

 

3. 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.

 

8. Voice 911/e911 service limitations and limitation of liability

Subscriber understands and acknowledges that access to MidSouth Fiber VOIP service may be lost or the service may not function properly, including the ability to call for 911/E911 service, under certain circumstances, including but not limited to, the following: (i) MIDSOUTH FIBER NETWORK OR FACILITIES ARE NOT OPERATING (ii) BROADBAND CONNECTION IS LOST; (iii) SUBSCRIBER IS EXPERIENCING A POWER OUTAGE; (iv) ELECTRICAL POWER TO THE ONT IS INTERRUPTED; (v) SUBSCRIBER FAILURE TO PROVIDE A PROPER SERVICE ADDRESS OR MOVING THE SERVICE TO A DIFFERENT ADDRESS. Subscriber understands and acknowledges that in order for 911/E911 calls to be properly directed, MidSouth Fiber must have current service address and if Service is moved to a different address without MidSouth Fiber’s approval, 911/E911 calls may be directed to the wrong emergency authority and/or may transmit the incorrect location address for responding.

• MidSouth Fiber VOIP service (including 911/E911) may fail altogether. Subscriber is required to notify MidSouth Fiber of any change of address of the voice enabled advanced equipment for 911/E911 calling service to work properly.
• Subscriber agrees that, to the maximum extent permitted by law, MidSouth Fiber shall have no liability for any damages caused, directly or indirectly, by Subscriber’s inability to access the Services, including the MidSouth Fiber VOIP and 911/E911 services.
• Customer agrees to defend, indemnify, and hold harmless MidSouth Fiber, its officers, directors, employees, affiliates and agents and any others who furnish services in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, Subscriber or any third party or user of account relating to the absence, failure, or outage of the Service, including 911 dialing and/or inability of Subscriber or any third person or party or user of the Service to be able to dial 911 or to access emergency service personnel.

 

9. Authorized User and Use of the Service(s)

Subscriber or Subscriber’s representative hereby acknowledges that Subscriber is 18 years of age or older and 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

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 installing the Service(s), MidSouth Fiber will send a representative to discuss installation and the location for installing fiber to Subscriber’s premises. MidSouth Fiber will install the fiber along the same path as the electric line to the premises. MidSouth Fiber will utilize 811 to locate underground utilities on Subscriber’s property (“811 Locate”). Subscriber must inform MidSouth Fiber of any fixtures (ie. sprinkler systems, gas lines, etc.) that are unable to be located by 811 Locates.  MidSouth Fiber Parties will NOT be liable for any damage caused to Customer premises, property, fixture, structure, or installation (1) if Subscriber fails to inform MidSouth Fiber of any fixture, structure, or installation in the path or close to the path of the electric line that were not included in the 811 Locate or (2) if MidSouth Fiber is required to install the fiber outside the path of the electric line.

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.

 

11. 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.

 

12. 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.

 

 

13. 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.

 

14. 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.

 

15. Customer Proprietary Network Information (“CPNI”)

As a provider of VOIP services, MidSouth Fiber takes seriously its responsibility to protect the confidentiality of its CPNI. MidSouth Fiber is committed to protecting its VOIP Service Subscribers’ CPNI in accordance with applicable regulatory and statutory requirements. CPNI is customer-specific data that is collected by MidSouth Fiber in the course of providing VOIP Services to its Subscribers, and includes information relating to the quantity, technical configuration, type, destination, location, and amount of VOIP Service usage by Subscriber, and information contained in Subscriber’s bills that is obtained by MidSouth Fiber pursuant to its provision of VOIP Service. Subscriber CPNI will be protected by MidSouth Fiber as described herein, in the MidSouth Fiber Privacy Policy and in accordance with applicable federal and state requirements.

Notwithstanding anything else in this Agreement, the following list shall not be CPNI:

1. Customer’s directory listing information (i.e., Customer’s name, address, and telephone number);
2. Aggregated, deidentified and/or compiled information that does not contain individual customer characteristics, even if CPNI was used as a basis for such information.

 

Disclosure and use of CPNI:

1. MidSouth Fiber may use and disclose CPNI when required by applicable law.
2. Under federal law, Subscriber has the right, and MidSouth Fiber has a duty, to protect the confidentiality of information about the amount, type, and destination of Subscriber’s VOIP Services usage. Subscriber hereby consents to the sharing of Subscriber’s CPNI or other personal information with MidSouth Fiber and its affiliates, agents and contractors, solely for the purpose of developing or bringing to Subscriber’s attention any products and services, or in the event of any merger, sale of some or all of the Midsouth Fiber’s assets, as well as in any insolvency, bankruptcy or receivership proceeding in which CPNI or other personal information would be transferred as one of the business assets of Midsouth Fiber. This consent survives the termination of Subscriber’s Service and is valid until revoked by Subscriber. To remove this consent at any time, Subscriber must notify Midsouth Fiber in writing at PO Box 970, Navasota, TX 77868, Attn: Customer Service and provide the following information: (1) Subscriber name, (2) Service billing address, (3) telephone number including area code, and (4) service account number. Removing consent will not affect the Subscriber’s current Services.
3. MidSouth Fiber may use CPNI and share (including via email) CPNI with MidSouth Fiber Parties, as well as with Subscriber’s employees and representatives, without Subscriber consent: (i) to provide services and bills to Subscriber;; (ii) to protect the rights or interests of MidSouth Fiber and Subscriber in preventing fraud, theft of services, abuse, harassment and misuse of telecommunications services; (iii) to protect the security and integrity of MidSouth Fiber networks; and (iv) to market additional MidSouth Fiber services to Subscriber that are of the same category as the Services that Subscriber purchases from MidSouth Fiber.
4. Subscriber consents to MidSouth Fiber’s use of Subscriber’s CPNI to market to Subscriber MidSouth Fiber Services that are not within the categories of Services that Customer purchases from MidSouth Fiber. Subscriber agrees that MidSouth Fiber will not be liable for any losses or damages arising as a result of disclosure of CPNI in accordance with the terms of this Agreement. To remove this consent, Subscriber may follow the steps as laid out in paragraph 2 above.
5. MidSouth Fiber will respond to Subscriber requests for CPNI, including call detail records, only in compliance with MidSouth Fiber’s then-current authentication requirements and applicable law.
6. MidSouth Fiber may use any one of the authentication methods specified below to confirm that a person seeking Subscriber CPNI (including, without restriction, call detail records) is authorized to receive it. MidSouth Fiber reserves the right to add, remove, or alter the authentication methods below in its sole discretion. MidSouth Fiber will not be liable to Subscriber for any disclosure of CPNI (including call detail records) that occurs if MidSouth Fiber has complied with one or more of these authentication methods.

 

In Person:

1. Present a photo ID that matches an authorized user on the account.

Customer initiated telephone calls:

1. Present account passcode/pin and be an authorized user on the account;
2. Subscriber presents specific call detail record.

MidSouth Fiber initiated phone call:

1. MidSouth representative calls to telephone number of record.

Online access:

1. Subscriber must be able to login with username and password and authenticate with a shared secret established at account creation.

 

16. Communication

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 any phone number(s) associated with Subscriber’s account, including wireless numbers, which could result in charges to Subscriber, in connection with the Service(s) or for collection of any amounts owed by Subscriber to MidSouth Fiber. Consent to receiving autodialed calls, text messages, and/or pre-recorded messages from MidSouth Fiber for marketing communications is not required to purchase products or Service(s) from MidSouth Fiber. Subscriber does hereby consent to receive any communications for the express purpose of collecting amounts owed to MidSouth Fiber and such consent cannot be revoked by Subscriber until all amounts due to MidSouth Fiber have been paid and Service(s) have been terminated by Subscriber.

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.

 

17. Cancellation/Termination

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.

 

18. 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.

THE 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 PARTIES 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.

 

19. Indemnification

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).

 

20. 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.

 

21. Notices
    • 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: legal@midsouthfiber.com 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.
22. 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.

23. Jurisdiction

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 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.

24. 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. 

25. Assignment

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.

26. 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.

27. Severability

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.

28. 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.

29. Conflicts

In the event of a conflict as between this Agreement and any other agreement between Subscriber and MidSouth Fiber related to Services provided by MidSouth Fiber, the terms and conditions of this Agreement shall control.

 

Effective 08/08/2023
By enrolling in this payment option, you are authorizing MidSouth Fiber each month to charge your credit card, debit card, or bank account on your payment date for the total balance due on your account. The payment date and amount is indicated on your MidSouth Fiber monthly billing statement. Through the notification method you have chosen, you will also be notified of the payment date and amount due at least 5 days in advance of your payment. Once your enrollment is processed, all payments will be automatically withdrawn from your specified bank account or charged to the designated credit card or debit card on the payment date indicated on your MidSouth Fiber monthly billing statement, unless you terminate your authorization in the manner described herein.

You agree to be bound by any rules your financial institution requires for pre-authorized electronic funds transfers and/or that your debit or credit card issuer requires for pre-authorized debit or credit card transactions. You are responsible for all fees charged by your financial institution associated with the pre-authorized payment option.

Your authorization applies to the credit card, debit card, or bank account on file and any future information provided by your bank, or by you through your MidSouth Fiber online account, or by your contacting  MidSouth Fiber Customer Service. MidSouth Fiber does not currently charge for this service. MidSouth Fiber reserves the right, upon notification, to terminate this program at any time. All charges, terms and conditions are subject to change. These terms do not in any way terminate, amend or modify other terms, agreements or policies that apply to your MidSouth Fiber account or any MidSouth Fiber services you receive or other agreements you may have with MidSouth Fiber or its affiliates.

You understand that if your payment is rejected, refused, returned, disputed, or reversed by your financial institution or card issuer for any reason, then you may be subject to applicable late fees, returned item charges and any fees or charges assessed by your financial institution.

MIDSOUTH FIBER SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR BANK ACCOUNT IS DEBITED OR YOUR CREDIT CARD IS CHARGED.

You have authorized us to treat your electronic signature as evidence of your consent to initiate recurring electronic payment transactions from your credit card, debit card, or bank account on a monthly basis. This authorization via electronic signature has the same effect as a handwritten signature on a paper-formatted contract. Your consent only applies to the initiation of the recurring electronic credit card, debit card, and bank account debits.

You may withdraw your consent to the monthly recurring payment transactions by contacting MidSouth Fiber Customer Service at 936.825.5100 or accessing your MidSouth Fiber account payment preferences at midsouthfiber.com.

From time to time, MidSouth Fiber may revise these Terms and Conditions. MidSouth Fiber will provide notice of such revisions by posting revisions to midsouthfiber.com/legal. If you do not agree to MidSouth Fiber’s revision(s), you must terminate your recurring payment enrollment immediately in accordance with these Terms and Conditions. By continuing to use the recurring payment option after revisions are in effect, you accept and

Effective July 1, 2020

 

Introduction

 

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.

 

Defined Terms

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”).

 

Prohibited Uses

• 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.

 

Network Management

 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.

 

Security

 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 notice@midsouthfiber.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:

 

Mail:

MSEC Communications, LLC

Attn: Net Abuse

P.O. Box 970

Navasota, TX 77868

Email: notice@midsouthfiber.com

MidSouth Fiber is subject to FCC requirements to provide notification of any Enhanced 911 (‘E911”) limitations that may be associated with the MidSouth Fiber Service. As is the case with 911 service provided by a traditional telephone service provider, MidSouth Fiber’s E911 service (1) may not function with the loss of electrical power, including the loss of power to telephone equipment or other equipment necessary to route E911 calls to the appropriate emergency call center; (2) will not function if the Broadband Service is not operational; (3) will not function at a remote location or may transmit incorrect physical location information for the caller if internal users are allowed to use their IP-based phones remotely; (4) will not function if the telephone equipment or other equipment necessary to place calls is not correctly configured; (5) may not transmit the correct physical address for the E911 call due to incorrect information provided by you, use of a non-native telephone number, or delays in loading or updating automatic number identification and location information into the E911 databases; (6) may not be capable of being received and/or processed by an emergency call center due to the center’s technical limitations; and (7) may be affected by other factors or force majeure events, such as the quality of the Broadband Service and network congestion. A complete discussion of the limitations of MidSouth Fiber’s E911 service is set forth in the MidSouth Fiber Terms and Conditions. Your acceptance of the MidSouth Fiber Terms and Conditions constitutes your acknowledgement that MidSouth Fiber has advised you of these potential limitations. MidSouth Fiber will also provide labels to you that will alert users to the limitations discussed above. The FCC has suggested that these labels be placed on or near the MidSouth Fiber Equipment associated with your MidSouth Fiber Service. The physical location which you provided to us when you signed up for Service shall be the registered location that will be provided to the emergency call center when you place a 911 call.

MIDSOUTH FIBER 911 EMERGENCY SERVICE

PLEASE READ THE INFORMATION BELOW ABOUT 911 EMERGENCY SERVICE CAREFULLY. BY USING MIDSOUTH FIBER’S SERVICES, YOU ACKNOWLEDGE AND AGREE TO ALL OF THE INFORMATION BELOW REGARDING MIDSOUTH FIBER’S 911 EMERGENCY SERVICE, AND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 OR ENHANCED 911 (“E911”) CALLS.

YOU ACKNOWLEDGE AND UNDERSTAND THAT MIDSOUTH FIBER OFFERS A 911 EMERGENCY SERVICE AS DESCRIBED HEREIN AND THAT SUCH 911 DIALING IS DIFFERENT IN A NUMBER OF IMPORTANT WAYS (SOME, BUT NOT NECESSARILY ALL, OF WHICH ARE DESCRIBED IN THESE TERMS AND CONDITIONS) FROM TRADITIONAL 911 SERVICE YOU AGREE TO INFORM ALL EMPLOYEES, INDEPENDENT CONTRACTORS, GUESTS, VISITORS AND OTHER THIRD PERSONS WHO MAY BE PRESENT AT THE PHYSICAL LOCATION WHERE YOU UTILIZE MIDSOUTH FIBER’S SERVICES OF THE NON-AVAILABILITY OF TRADITIONAL 911 OR E911 DIALING FROM YOUR MIDSOUTH FIBER SERVICES AND DEVICE(S) AND TO INFORM THEM OF THE IMPORTANT DIFFERENCES AND LIMITATIONS OF MIDSOUTH FIBER’S 911 EMERGENCY SERVICE AS COMPARED WITH TRADITIONAL 911 OR E911 DIALING THAT ARE SET FORTH IN THESE TERMS AND CONDITIONS. 911-TYPE DIALING CAPABILITIES WITH MIDSOUTH FIBER SERVICES WHEN YOU DIAL 911 ON YOUR PHONE UTILIZING MIDSOUTH FIBER’S VOICE SERVICE, YOUR CALL MAY BE ROUTED TO A DIFFERENT DISPATCHER FROM THAT USED FOR TRADITIONAL 911 DIALING. THE DISPATCHER MAY BE LOCATED AT A PUBLIC SAFETY ANSWERING POINT (“PSAP”) DESIGNATED FOR THE ADDRESS YOU LISTED AT THE TIME YOU REGISTERED FOR THE SERVICE OR OTHER BACKUP EMERGENCY ANSWERING SERVICES. MIDSOUTH FIBER RELIES ON THIRD PARTIES FOR THE FORWARDING OF INFORMATION UNDERLYING SUCH ROUTING, AND, ACCORDINGLY, MIDSOUTH FIBER AND ITS THIRD PARTY PROVIDER(S) DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY IN THE EVENT SUCH INFORMATION OR ROUTING IS INCORRECT. IN ADDITION, MIDSOUTH FIBER’S 911 EMERGENCY SERVICE HAS FEWER CAPABILITIES THAN TRADITIONAL 911 OR E911 SERVICE AS FOLLOWS: MIDSOUTH FIBER 911 EMERGENCY SERVICE IS AVAILABLE ONLY AT THE PHYSICAL STREET ADDRESS REGISTERED WITH MIDSOUTH FIBER FOR THE PARTICULAR AREA CODE AND PHONE NUMBER AND MAY NOT BE AVAILABLE AT ALL FOR PHONES THAT MOVE FROM LOCATION TO LOCATION

TERMS

The terms of this Disclaimer of E911 Services will be defined the same as those terms in the MidSouth Fiber Terms and Conditions. In the event of a conflict as between this Disclaimer of E911 Services and the MidSouth Fiber Terms and Conditions, the terms of the MidSouth Fiber Terms and Conditions shall control. You acknowledge and agree that MidSouth Fiber’s 911 Emergency Service will be available only at the physical street address associated with the particular Area Code and Phone Number assigned to you. You also acknowledge and agree that MidSouth Fiber’s 911 Emergency Service will not be available to you if the telephone number on the handset is blocked. You further acknowledge and agree that MidSouth Fiber’s 911 Emergency Service will not be available to a particular customer and neither MidSouth Fiber nor its underlying service providers shall have any liability to you or any third party for failure to provide 911 services to you in the event of the assignment of an Area Code and Phone Number to you located outside of the Exchange Area associated with your physical street address or relocation of the telephone device to which an Area Code and Phone Number has been assigned to a location other than your physical street address as registered with MidSouth Fiber. MidSouth Fiber may assess a – recovery fee for incorrect identification of street address and/or misconfigured services which result from such misidentification.

MidSouth’s Voice Telephony Lifeline service rates and packages are detailed below and are the same packages and rates offered to non-Lifeline customers before the Lifeline discount is applied:

Residential unlimited local and long-distance rate: $29.95 + applicable taxes and fees.

Lifeline Residential rate: $24.70 ($29.95–$5.25)

Includes: Unlimited local and domestic long distance, Caller ID, Call Waiting, Voicemail and Call Forwarding.

411 and Operator assisted calls will be billed at $1.00 per call.

Pursuant to Section 54.403(a)(2) of the FCC’s rules, the Lifeline support for stand-alone Voice Telephony Service, subject to minimum service standards set forth in Section 54.408 of the FCC’s rules, or for Voice Telephony Service bundled with Broadband Internet Access, will be phased out per the following schedule.

• December 1, 2021, the support amount for Voice Telephony Service decreases to $0.00 unless there is only one Lifeline Provider in a Census Block. In such case, voice service support remains at $5.25 per month.

Terms and Conditions of Broadband Internet Access Lifeline

MidSouth’s Broadband Internet Lifeline service rates and packages are detailed below and are the same packages and rates offered to non-Lifeline customers before the Lifeline discount is applied:

100Mbps symmetrical Unlimited $55.70 ($64.95-$9.25) 500Mbps symmetrical Unlimited $70.70 ($79.95-$9.25)
1Gbps symmetrical Unlimited $90.70 ($99.95-$9.25)

NOTE: Above assistance amounts are subject to change per FCC Standards. Lifeline is a service offered as part of a government assistance program and is available only to eligible consumers that qualify through their participation in other government programs or through income. It is a non-transferrable service and limited to one benefit per household.

Backup Power for Home Phone Services during Power Outages:

For many years, home phone service would allow a subscriber to stay connected to emergency voice services during a power outage. However, many of todays advanced home phone services require backup battery power to continue functioning during an outage. To avoid a disruption of home voice service during an outage – and to maintain the ability to connect to 911 emergency services – Midsouth Fiber would like to offer the options of purchasing backup power for home phones. If you have questions or concerns about your backup battery, please contact us at 936-825-5100. This backup power policy is in conjunction with the MidSouth Fiber Terms and Conditions.

What the Battery Can – and Can’t Do: Backup batteries allow usage of home voice services during a power outage. Without a backup battery or alternate backup source such as a generator, a subscriber will not be able to make any calls, including emergency calls to 911. If a backup battery or other power source is purchased, we recommend that at least one corded telephone is maintained to use during power outages.

Battery Options: If a subscriber is concerned about being able to contact 911 emergency services during a power outage, a backup battery may be a good option.

A subscriber may choose to purchase a backup battery solution through a local or online retailer. MidSouth Fiber can provide the subscriber with model information of the backup battery solution that matches the type of equipment being installed. MidSouth Fiber does not guarantee uninterrupted telephone services even to subscribers that have working backup batteries or other power supplies. In some instances, such as during a weather event, the public telephone network may experience other problems that would prevent normal operation of services even if there is backup power available.