1. “TecInfo,” or “TecInfo Communications” refers to TecInfo, Inc. entities that own, operate or provide Services under the TecInfo brand.
2. “Services” means our TecInfo-branded cable television (“ClearChannel TV”), Internet and voice over Internet protocol (“VoIP”) phone services delivered over our wireless/fiber system, our related products and platforms and our Apps.
3. “Website” means our website located at www.TecInfo.net.
4. “Apps” means the applications available for use by TecInfo Customers, including the TecInfo Billing and Support App, and Business Hosted Voice app.
5. “Customer” means a customer of TecInfo Services.
6. “User” means a visitor to the Website.
7. “Information” means the information we collect about you and your use of the Services or Website. It includes information you provide to us, information we collect when you use the Services or Website, and information provided to us by third parties. Depending on how it is used or shared, some Information can be PII or De-identified Information, as those terms are defined below.
8. “Personally Identifiable Information” or “PII” means information that directly identifies or can reasonably be used to identify a particular individual (for example, email address). PII does not include De-identified Information. PII does not include aggregate data or De-identified Information.
9. “De-identified Information” or “Anonymous Information” is information that does not directly identify and cannot be reasonably linked to a particular individual. We treat IP addresses and other unique identifiers – such as cookie IDs, advertising IDs, device IDs and household IDs – as De-identified Information when they cannot reasonably be used to identify a particular individual. We also consider aggregated information to be De-identified Information.
10. “Financial Information” means information related to your financial relationship with us, including your credit card or banking information, your Social Security Number, payment history, and credit history.
11. “First Party Advertising” is advertising or marketing communications for TecInfo products and services.
12. “Third Party Advertising” is advertising or marketing communications for a third party (including, for example, for non-TecInfo products and services).
2. INFORMATION WE COLLECT. When you visit the Website or subscribe to and use our Services (including our Apps), TecInfo collects certain types of information about you, as described and illustrated below. We may collect this information directly from you when you provide it to us, automatically when you use a Service, from third parties, or on our Website.
1. Information You Provide To Us. When you sign up for service, purchase a product or service, create an account, call, text or email us, use online account tools (for instance, when you chat online with an agent or log into your account on the Website or at TecInfo.net), complete customer surveys, fill out a form on the Website, or otherwise communicate with us, we collect the Information you provide to us, which may include PII, such as:
your name and contact information, such as, service address, billing address, work address, email address, phone numbers,
credit card number, bank account number or other Financial Information,
personal identifiers, such as date of birth, social security number or driver’s license number,
passwords and other information you provide to authenticate your access to the Services,
records of correspondence and other communications, including recordings of calls or online chats with our customer service, technical support or sales agents,
information you provide when you establish customer settings or preferences on your account.
2. Information We Collect When You Use the Services. As part of our normal course of business, we generate and collect Information about your account and use of the Services in order to provide our Services, to detect unauthorized reception of our Services, and for other purposes described in Section 3 below. The Information we collect may include:
Billing and Account Information. We collect and generate Information such as account number, billing and payment history, types of Services to which you subscribe or products you purchase, email addresses we assign to you, your maintenance and repair history, and the kind, location, configuration, and device identifiers, MAC and IP addresses of equipment (including TV sets, set-top boxes, modems, telephones, tablets, smart speakers, and other IP enabled devices) connected to our facilities.
Video Services. If you are a Video customer, we may also automatically collect information about your use of our systems, such as changing your television channel, reviewing listings in an electronic program guide, using your remote, interacting with your DVR, ordering or viewing on-demand programming, engaging in other interactive programming features, or when using an App (such as audio files when using voice-based search) or other similar IP enabled device applications.
Internet Services. If you are an Internet customer, we may automatically collect and associate with your account certain information concerning your use of our Internet service, such as the IP address(es) assigned, MAC addresses of equipment that is used, bandwidth used, system and connection performance, browsers used, dates and times of access, and Internet resource requests. We also collect usage statistics and network traffic data and geolocation information.
VoIP Services. If you are a VoIP telephone customer, we collect subscriber list information, which is limited to your name, address and telephone number. We also collect information about the quantity, technical configuration, type, destination, location, and amount of your use of the VoIP services and information contained on your telephone bill concerning the type of phone services and features you receive. That information, when matched to your name, address, and telephone number, is known as customer proprietary network information or “CPNI.” CPNI does not include subscriber list information by itself.
Location Information. We may collect Information from the devices you use to access the Services that tells us where you are at a given point in time. For example, we may know that you are at home when you chat with an online agent on the Website.
3. Information Provided by Third Parties. Sometimes, we obtain additional Information from publicly available sources such as research consultants, data service providers, credit reporting agencies, and marketing firms to supplement the Information we collect from you. We may combine this Information with Information that we collect from you. We may also obtain Information from our business partners and/or their service providers or clients to assist with data collection, reporting and ad response measurement, as well as to assist with delivering and analyzing the performance of relevant marketing messages and advertisements. The types of Information that we may receive from third parties includes, but is not limited to demographic data (including, but not limited to gender or age range) and interest data (including, but not limited to demonstrated interest in or interaction with a particular product/website).
Information Automatically Collected on Website: When a User visits our Website we may collect their Information in the following ways:
Cookies. We and our service providers use “cookies” to collect information about your visit to our Website and to manage information concerning your preferences. A cookie is a small encrypted computer code added to a file on your computer as a record of your visit. It does not collect or provide your name or any other personal information about you. It can, however, be used by the Website to note information about your visit, such as your type of web browser, operating system and IP address, to better tailor the Website for you. It can also be used to recognize you when you return as a repeat visitor. You can control what cookies are accepted by your computer through the settings on your web browser or by deleting them from your computer. Doing so, however, may limit the personalization available to you.
Clear GIFs. We and/or our service providers may use clear GIFs (also known as “web beacons,” “Internet tags,” or “pixel tags”). These are lines of code that allow websites to summarize overall visitor usage patterns and to provide personalized services. We may use clear GIFs to track visitor preferences or to gather aggregated information about visitor usage patterns. We do not use clear GIFs to collect Users’ PII.
Passive Automatic Electronic Collection. We and/or our service providers collect and log information automatically when a User visits our Website. For example, we collect your IP address, the name and location of your Internet service provider, the type and version of your browser, the length of time you visit the Website, your search queries on the Website, and the average number of pages you viewed. We use this log information for systems administration purposes and for technical troubleshooting. We may also use it to gather general demographic information about you, such as your general location.
4. Information Collected From Children. Our Services and Website are not directed at, or intended for use by, children under the age of 13 and we do not knowingly collect PII from anyone under the age of 13. Children should always get permission from a parent or guardian before sending personal information over the Internet. If you believe your child may have provided us with personal information, you can contact us and request that we delete the information. You can find more information about protecting children’s privacy by contacting the FTC or viewing its website at www.ftc.gov.
3. HOW WE USE YOUR INFORMATION. We use the Information we collect for legitimate business activities, including: to provide and improve our Services; to communicate with you; to generate De-identified Information, and for advertising, marketing and recommendations purposes
1. To Provide and Improve Our Services. We use the Information we collect, including PII, to conduct business activities such as account administration, service provisioning, operations, billings and collections, marketing, analytics, customer service, technical support, network performance management, and fraud prevention. These purposes may specifically include:
establishing your account;
measuring credit and payment risk;
facilitating billing and collections functions and obligations (including any reporting to credit bureaus or collection agencies to obtain payment for our billed products and services);
authenticating access to your account;
service delivery and optimization;
maintenance and operations, including management of the network and devices supporting our service and our systems;
hardware and software upgrades for devices and systems;
understanding the use of the Service;
improving our Website and Services and identifying and developing new features, products and services;
providing you with programming, services and advertising that are of enhanced value and interest to you;
customer service, including processing and responding to your inquiries and troubleshooting;
internal analytics and reporting;
protecting our rights, personnel and property;
enforcing our legal rights; and complying with applicable law.
2. To Communicate With You. We use the Information we collect to deliver and personalize our communications with you. For example, we may use the PII you provide us to inform you of Service updates or the status of a service request or outages, as well as to invite you to participate in a survey, to collect amounts you owe, or in connection with other activities related to the Services or your account.
3. To Generate De-identified Information. We may use Customers’ PII to generate De-identified Information that cannot be reasonably linked to the Customer individually. Subject to Section 8 below, our collection, use, and disclosure of De-identified Information is subject to our discretion and is not subject to any of the restrictions in this Policy. For example, we may use De-identified Information for purposes such as measurement of viewership of programming and advertising, creation of tuning and viewing cohorts or segmentations, providing targeted content for our services or facilitating delivery of relevant third party advertising/promotional messages through our Services and on third party websites and other platforms. However, we do provide you with the choice to opt out of the use of your De-identified Information to facilitate Targeted Third Party Advertising (see Section 5.c below).
4. To Provide Advertising, Marketing and Recommendations. We use the Information we collect about Customers and their use of the Services and cable system to make program and content recommendations, to send promotional communications about the Services or other TecInfo product and service offerings, and for other First Party Advertising and Third Party Advertising purposes. These promotional communications and advertisements may be directed to you because you subscribe to the Services, because of the way you use the Services, or because you live in a certain geographic area, or may be based on demographic and interest information that we collect or obtain from other sources. For example, we may use Information to facilitate the display of First Party Advertising to you on other websites, mobile applications and devices. When we do this, we may provide service providers with access to certain PII in order to facilitate the creation of de-identified audiences (for example, based on IP address, cookie ID, device ID or other persistent identifiers) and the placement of Targeted First Party Advertising. If you are a Video or internet subscriber, we may also use these service providers to create similar audiences based in part on de-identified viewing or usage data and/or the IP address(es) we assign to facilitate the sending of Targeted Third Party Advertising that we think may be of interest to you. Our sharing of information to facilitate Targeted Third Party Advertising is described in Sections 4.b and 4.c below. You can opt out of certain marketing messages as outlined in Section 5 below.
5. CPNI Data. Our use of VoIP Customers’ CPNI data is limited as described in Section 7.b below.
6. Geolocation Data. We use service address, device and/or access point location data for a variety of purposes, including to facilitate emergency services, provide our services and our location-based applications and services. Where we offer our own location-based applications, we provide you with notice and choice about whether specific location-tracking features available on your device are turned on. Many types of wireless applications and services use device location data, including applications provided by other companies and wireless device operating systems. When you are considering new third party applications or services, you should carefully review the location-based services’ or application providers’ privacy policies to learn how they collect and use your information.
7. Retention of Information. We generally keep some or all Customer and User Information for as long as necessary for the purpose(s) for which it was collected or other business, tax or legal purposes. When information is no longer needed or required to be maintained, we destroy or de-identify it in accordance with our internal policies. If you are a California resident (“CA Resident”) you have the right to request the deletion of the personal information we collect from you subject to certain exceptions as described in Section 7 below.
4. WHEN AND WITH WHOM WE SHARE INFORMATION
1. General Sharing Policy. Except as set forth below, TecInfo will not share or disclose Customers’ PII to a third party unless it is necessary for us to render our Services or conduct a legitimate business activity related to the Services we provide to you, or the Customer provides appropriate consent in advance.
2. Service Providers. We sometimes provide access to Information, including PII, to third party service providers to assist us in providing Services or for other legitimate business purposes, including those described in Section 3.a. For example, we may provide access to certain Information to companies providing services to us, including installation and repair, billing, call center, sales and marketing, market research, fulfilment, mailings, data storage, data scrubbing, data analytics and processing, bill collection, auditing and accounting, credit reporting, and legal services. We may also provide access to third party data service providers who assist us in facilitating or providing targeted advertising by generating De-identified Information based on your PII. These Service Providers are authorized to use your PII only as necessary to provide these services on our behalf. We may also disclose PII to credit reporting agencies.
3. TecInfo Affiliated Businesses. We may share Information, including PII, with TecInfo affiliates that assist us in providing Services, such as TecInfo Technical Services, or that offer products and services under other brands, such as TecInfo Mobile, Cheddar and Optimum. We do this either to provide and improve our Services as described in Section 3.a above or to better enable those affiliates to provide their products and services to you. For example, if you are an existing or potential TecInfo Mobile customer we may share account information in order to confirm your eligibility for that service and/or make it easier to provide that service to you. We may also share your information with other TecInfo affiliates for First Party Marketing purposes, provided that any required consent (such as with respect to the use of CPNI data) is obtained.
We may also share Customer and Website User Information, including PII, with a successor company or other TecInfo entities in the event of a merger, acquisition or sale of all, or components of, our business.
Our affiliate a4 works with third party advertisers to run cross-platform (tv, computer, tablet, mobile device) Targeted Advertising campaigns. We may share De-identified Information, including device IDs, IP addresses or other unique IDs, with a4 to facilitate the creation of audience segments to receive this Targeted Third Party Advertising and for other advertising and marketing purposes.
4. Account Owners and Users. We may disclose any information about a Customer’s account and use of the Services and their features to the primary account owner after appropriate authentication. The primary account owner may also authorize other users to access information on the account, and that may include data about you and your use of the Services.
5. Mailing List Information. If you subscribe to a non-voice Service offered over our cable system (e.g., Video or Internet), we may rely on a special provision of law that allows us to disclose mailing-list information about you to marketing organizations, programmers and other businesses. Mailing-list information includes your name, addresses, and the non-voice services to which you subscribe (for example, basic tier, HBO). You can opt-out of our disclosure of mailing list information as described in Section 5.d below.
6. CPNI and Subscriber List Information. If you subscribe to our VoIP service, applicable regulations allow us to disclose subscriber list information. For example, we may give your name, address, and number to organizations who publish phone directories or who provide 411 services or similar public services. We may transmit your name and number so that the person you call can see such information on his or her Caller ID. Certain procedures allow you to block transmission of Caller ID information. You may contact us to obtain additional information about these procedures. We may also transmit your name, number, and registered location to a public safety answering point (“PSAP”) when you dial 911 for emergency services. Disclosure of CPNI data is subject to additional specific limitations, as described in Section 7 below.
7. Authorized Parties With Your Consent. We may disclose PII about you to third parties with your consent. We may obtain your consent through a variety of channels, such as in writing, online, on your phone, when you agree to terms of service, in our stores, or implicitly, for example, when you purchase a product and ask that it be shipped to your home, thereby consenting to our disclosure of your name and address to a third party shipping company to complete delivery.
8. Third Parties for Marketing Purposes. We do not and will not sell, license or rent Customers’ or Website Users’ PII to unaffiliated third parties without the required consent to do so. We may provide De-identified Information (which may include information about viewing habits, geolocation and system interaction) to third party advertisers, programmers audience measurement and research firms to provide more relevant programming, advertising and features, to improve the Services, to provide you with information or offers about products or services we believe may be of interest to you, or to assist third parties with media, programming and content planning, and purchasing efforts. We may also share De-identified Information or aggregate Information with third parties for other uses of their own provided they commit not to re-identify the information.
9. When Required by Law or to Protect TecInfo or Others. You acknowledge, consent and agree that we may access, preserve and disclose your Information, including your PII, your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
comply with legal process;
enforce our Terms of Service, Privacy Policies, or other contracts with you;
respond to claims that any content violates the rights of third parties;
respond to your requests for customer service;
respond to inquiries from government agencies regarding customer-initiated complaints provided to such agencies; or
protect the rights, property or personal safety of TecInfo, its agents and affiliates, its users and the public.
We may also disclose information to law enforcement agencies in emergency circumstances, where the disclosure of such information is consistent with the types of emergency disclosures permitted or required by law. We are required by law to report any evidence we may become aware of relating to violations of laws concerning child exploitation.
In some areas we provide home security services, including video surveillance services. We provide information to emergency responders for purposes of providing this service. As a part of these services, we may record and store video at your direction and for your use. Our employees and agents have access to recorded video, and they may view that video during installation, while troubleshooting, when performing maintenance, and/or during emergency situations (as determined by us in our reasonable discretion).
5. CHOICES YOU HAVE TO LIMIT USE AND SHARING OF INFORMATION.
1. Marketing Communications. We may send you marketing communications about TecInfo products or services. We allow you to limit or opt-out of some types of marketing communications. For example, you may choose not to receive promotional or marketing telephone calls or postal mailings regarding our Services by contacting us at Support@corp.tecinfo.net or 800-863-5415 for placement on our “Do Not Call” list or “Do Not Mail” list. Please note, any requests to be placed on the “Do Not Mail” list will only be effective for the 12-month period following such request. If you wish to continue to remain on the “Do Not Mail” list, you will need to make another request upon the expiration of the previous request. Please also note, “Do Not Call” and “Do Not Mail” requests may take up to thirty (30) days to become effective.
2. Interest Based First Party Advertising. Some advertising that you see on the internet or in mobile applications on your devices are tailored to your interests and based on your activity online or in the mobile applications. If you do not wish to receive interest based ads for our products and services on other websites or mobile applications, you may opt out of most such advertising by going to the following websites operated by industry trade and self-regulatory organizations: http://networkadvertising.org/choices (operated by the Network Advertising Initiative) or http://www.aboutads.info (operated by the Digital Advertising Alliance).
3. Targeted Third Party Advertising. We offer you the ability to opt-out of receiving Targeted Third Party Advertising based on your Information or use of the Services as described in Section 3.d. To opt-out, utilizing the email address associated with your TecInfo Internet account, please email Support@corp.tecinfo.net with the subject line “OPT-OUT” and in the body of the email, please include the account holder’s name, account number, and billing address.
5. Access. You may check the accuracy of your personally identifiable information in your account by contacting a Customer Care representative at 800-846-5415. In most cases, the personally identifiable information contained in these records consists solely of billing and account information. You may also examine the records containing your personally identifiable information at your local TecInfo office during business hours and at your own cost and upon reasonable prior notice to us. If you wish to examine these records, please contact the TecInfo office noted on your billing statement. If your review reveals an error in our records, TecInfo will correct it. You will need to provide proper identification and will only be permitted to examine records that contain Personally Identifiable Information about your account and no other account.
Please note, your opt-out preferences may not take effect immediately and do not apply retroactively.
6. SPECIAL RULES AND RIGHTS UNDER FEDERAL LAW
1. Communications Act and CPNI. Under federal law, you have a right as a VoIP Customer, and we have a duty, to protect the confidentiality of your CPNI data. We restrict access to your CPNI. For example, call detail records, which contain information about the calls you make are available online. In order to access call detail records online, you must have a TecInfo ID and password. All other CPNI is restricted by requiring a password and/or by requiring that you provide certain non-public verification information over the phone to confirm your identity. A written request may also be used to obtain your CPNI. You must send the written request to TecInfo at 601 N Deer Creek Drive E, Attn. Shared Services – CDR. All requests will be verified.
TecInfo also restricts the use of your telephone CPNI. Unless we have your appropriate consent, TecInfo does not share your telephone CPNI with non-affiliates for marketing purposes.
8. HOW TO CONTACT US. Please contact us if you have any questions about this Policy:
Attn. Shared Services Dept
601 N Deer Creek Dr E, Leland, MS 38756
Effective January 1, 2021
Acceptable Use Policy
Acceptable Use Policy for TecInfo Communication’s Internet
Why is TecInfo providing this Policy to me?
TecInfo’s goal is to provide its customers with the best residential cable Internet service possible. In order to help accomplish this, TecInfo has adopted this Acceptable Use Policy (the “Policy”). This Policy outlines acceptable use of the residential and business TECINFO COMMUNICATIONS Internet service, including TecInfo-provided TECINFO COMMUNICATIONS WiFi Internet service (collectively, the “Service”). All residential TECINFO COMMUNICATIONS Internet customers (the “customer,” “user,” “you,” or “your”) and all others who use the Service must comply with this Policy. Your failure, or others’ failure, to comply with this Policy could result in the suspension or termination of your or their Service accounts. Therefore, you should take steps to ensure that others you permit to use your Service are aware of this Policy and agree to abide by it. If you are unwilling to comply with this Policy, you must immediately stop all use of the Service and notify TecInfo so that it can close your account.
Does this Policy apply to my use of TECINFO COMMUNICATIONS WiFi-identified services inside and outside of my premises and in public places?
This Policy applies to your use of the Service if you are a residential or business TECINFO COMMUNICATIONS Internet customer who accesses TecInfo-provided, TECINFO COMMUNICATIONS WiFi-identified services inside or outside of your premises or in public places using a TECINFO COMMUNICATIONS Internet login and password.
How will I know when TecInfo changes this Policy and how do I report violations of it?
TecInfo may revise this Policy from time to time by posting a new version on the web site at http://www.tecinfo.com/terms-and-conditions or any successor URL(s) (the “TECINFO COMMUNICATIONS Web site”). TecInfo will use reasonable efforts to make customers aware of any changes to this Policy, which may include sending email announcements or posting information on the TECINFO COMMUNICATIONS Web site. Revised versions of this Policy are effective immediately upon posting. Accordingly, customers of the Service should read any TecInfo announcements they receive and regularly visit the TECINFO COMMUNICATIONS Web site and review this Policy to ensure that their activities conform to the most recent version. To report child exploitation or another child-related incident involving the Internet, go to https://www.tecinfo.net/report-abuse/.
I. Prohibited Uses and Activities
What uses and activities does TecInfo prohibit?
In general, the Policy prohibits uses and activities involving the Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Service by others. For example, these prohibited uses and activities include, but are not limited to, using the Service, Customer Equipment, or the TecInfo Equipment, either individually or in combination with one another, to:
CONDUCT AND INFORMATION RESTRICTIONS
- undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
- post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful;
- upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
- transmit unsolicited bulk or commercial messages commonly known as “spam;”
- send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service;
- initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;
- participate in the collection of very large numbers of email addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
- collect responses from unsolicited bulk messages;
- falsify, alter, or remove message headers;
- falsify references to TecInfo or its network, by name or other identifier, in messages;
- impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”);
- violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or web site that you access or use;
- access any other person’s computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
- use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
- copy, distribute, or sublicense any proprietary software provided in connection with the Service by TecInfo or any third party, except that you may make one copy of each software program for back-up purposes only;
- distribute programs that make unauthorized changes to software (cracks);
- use or run dedicated, stand-alone equipment or servers from the Premises that provide network content or any other services to anyone outside of your Premises local area network (“Premises LAN”), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, email, web hosting, file sharing, and proxy services and servers;
- use or run programs from the Premises that provide network content or any other services to anyone outside of your Premises LAN, except for personal and non-commercial residential use;
- service, alter, modify, or tamper with the TecInfo Equipment or Service or permit any other person to do the same who is not authorized by TecInfo;
NETWORK AND USAGE RESTRICTIONS
- use the Service for any purpose other than personal and non-commercial residential use (except for your individual use for telecommuting);
- use the Service for operation as an Internet service provider or for any business, other legal entity, or organization purpose (whether or not for profit);
- restrict, inhibit, or otherwise interfere, regardless of intent, purpose or knowledge, with the ability of any other person to use or enjoy the Service (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or
- impede others’ ability to use, send, or retrieve information;
- restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any TecInfo (or TecInfo supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any TecInfo (or TecInfo supplier) facilities used to deliver the Service;
- resell the Service or otherwise make available to anyone outside the Premises the ability to use the Service (for example, through WiFi or other methods of networking), in whole or in part, directly or indirectly, with the sole exception of your use of TecInfo-provided WiFi service in accordance with its then-current terms and policies;
- connect the TecInfo Equipment to any computer outside of your Premises;
- interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host; or
- access and use the Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure the Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless you are subject to a Service plan that expressly permits you to do so.
II. Customer Conduct and Features of the Service
What obligations do I have under this Policy?
You are responsible for your own compliance with this Policy. You are also responsible for any use or misuse of the Service that violates this Policy by anyone else you permit to access the Service (such as a friend, family member, or guest) with one exception: In cases where you permit others to access your TecInfo-provided, TECINFO COMMUNICATIONS WiFi-identified Internet Service with their own login information, those users are responsible for complying with all then-current terms and policies that apply to their access. TecInfo recommends against enabling file or printer sharing unless you do so in strict compliance with all security recommendations and features provided by TecInfo and the manufacturer of the applicable file or printer sharing devices. Any files or devices you choose to make available for shared access on a home LAN, for example, should be protected with a strong password or as otherwise appropriate.
In all cases, you are solely responsible for the security of any device you connect to the Service, including any data stored or shared on that device. It is also your responsibility to secure the Customer Equipment and any other Premises equipment or programs not provided by TecInfo that connect to the Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.
How does TecInfo address inappropriate content and transmissions?
TecInfo reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Sections I or II of this Policy, or otherwise harmful to TecInfo’s network or customers using the Service, regardless of whether this material or its dissemination is unlawful so long as it violates this Policy. Neither TecInfo nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, email, file transfer, blog, newsgroup, and instant message transmissions) made on the Service. However, TecInfo and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with this Policy, the Subscriber Agreement, and applicable law.
What requirements apply to electronic mail?
The Service may not be used to communicate or distribute email or other forms of communications in violation of Section I of this Policy. As described below in Section III of this Policy, TecInfo uses reasonable network management tools and techniques to protect customers from receiving spam and from sending spam (often without their knowledge over an infected computer. TecInfo is not responsible for deleting or forwarding any email sent to the wrong email address by you or by someone else trying to send email to you. TecInfo is also not responsible for forwarding email sent to any account that has been suspended or terminated. This email will be returned to the sender, ignored, deleted, or stored temporarily at TecInfo’s sole discretion. If you cancel or terminate your Service account for any reason, all email associated with that account (and any secondary accounts) will be permanently deleted as well.
If TecInfo believes in its sole discretion that any subscriber name, account name, or email address (collectively, an “identifier”) on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, TecInfo (i) reserves the right to block access to and prevent the use of any of these identifiers and (ii) may at any time require any customer to change his or her identifier. In addition, TecInfo may at any time reserve any identifiers on the Service for its own purposes.
III. Network Management
Why does TecInfo manage its network?
TecInfo manages its network with one goal: to deliver the best possible broadband Internet experience to all of its customers. High-speed bandwidth and network resources are not unlimited. Managing the network is essential as TecInfo works to promote the use and enjoyment of the Internet by all of its customers. The company uses reasonable network management practices that are consistent with industry standards. TecInfo tries to use tools and technologies that are minimally intrusive and, in its independent judgment guided by industry experience, among the best in class. Of course, the company’s network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet.
The need to engage in network management is not limited to TecInfo. In fact, all large Internet service providers manage their networks. Many of them use the same or similar tools that TecInfo does. If the company didn’t manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of service. By engaging in responsible network management including enforcement of this Policy, TecInfo can deliver the best possible broadband Internet experience to all of its customers.
How does TecInfo manage its network?
TecInfo uses various tools and techniques to manage its network, deliver the Service, and ensure compliance with this Policy and the Subscriber Agreement. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. For example, these network management activities may include (i) identifying spam and preventing its delivery to customer email accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) temporarily lowering the priority of traffic for users who are the top contributors to current network congestion, and (iv) using other tools and techniques that TecInfo may be required to implement in order to meet its goal of delivering the best possible broadband Internet experience to all of its customers.
IV. Data Consumption
What data consumption requirements apply to the Service?
TecInfo does not restrict the usage of its customer’s Internet service at any time. TecInfo may however, at its sole discretion, deprioritize user data behind voice, video and other critical services as necessary to provide preserve quality of service for all network users.
V. Violation of this Acceptable Use Policy
What happens if you violate this Policy?
TecInfo reserves the right immediately to suspend or apply other interim measures in its sole discretion to your Service, or terminate your Service account and terminate the Subscriber Agreement if you violate the terms of this Policy or the Subscriber Agreement, or if anyone else you permit to access the Service violates this Policy. In that event, TecInfo also reserves the right to downgrade, suspend, or terminate other TecInfo services you receive.
TecInfo does not routinely monitor the activity of individual Service accounts for violations of this Policy, except for determining aggregate data consumption in connection with Section IV of this Policy. However, in the company’s efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Service. TecInfo has no obligation to monitor the Service and/or the network. TecInfo and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Service; identify violations of this Policy; and/or protect the network, the Service and TecInfo users.
TecInfo prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. TecInfo also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without TecInfo’s intervention. However, if the Service is used in a way that TecInfo or its suppliers, in their sole discretion, believe violates this Policy, TecInfo or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service. Neither TecInfo nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not TecInfo’s exclusive remedies and TecInfo may take any other legal or technical actions it deems appropriate with or without notice.
TecInfo reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material and data on TecInfo’s servers and network. During an investigation, TecInfo may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You expressly authorize and consent to TecInfo and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Upon termination of your Service account, TecInfo is authorized to delete any files, programs, data, email and other messages associated with your account (and any secondary accounts).
How does TecInfo communicate with customers about copyright?
TecInfo is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or access, share or disseminate any material or content over, the Service (or any part of the Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. TecInfo complies with the Digital Millennium Copyright Act and provides a method for copyright owners to communicate information about alleged infringements to us, and for us to inform our customers about them. You may receive notices or alerts if your Service account is identified by a copyright owner as having been used in connection with acts of alleged copyright infringement.
What is TecInfo’s DMCA policy?
Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements to us. In accordance with the DMCA and other applicable laws, TecInfo also maintains a policy to terminate the Service, in appropriate circumstances, provided to any customer or user who is a repeat infringer of third party copyright rights. TecInfo’s repeat infringer policy includes graduated or escalated alerts of alleged infringements, acknowledgement of alerts, suspension of the Service, the application of other interim measures determined in its sole discretion to the Service, and, in appropriate circumstances, termination of the Service (and other services provided by TecInfo to you). TecInfo also reserves the right to terminate the Service at any time with or without notice for any affected customer or user who TecInfo, in its sole discretion, believes is infringing any copyright or other intellectual property rights.
How do copyright owners report alleged infringements to TecInfo under the DMCA?
Copyright owners may report alleged infringements of their works by sending TecInfo’s authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon TecInfo’s receipt of a satisfactory notice of claimed infringement for these works, TecInfo will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s), if applicable or (ii) disable access to the work(s). TecInfo will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s).
Copyright owners may send TecInfo a notification of claimed infringement to report alleged infringements of their works under the DMCA to:
TecInfo Communications, LLC
601 N Deer Creek Dr E
Leland, MS 38756 U.S.A.
Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to TecInfo, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
What can customers do if they receive a DMCA notification of alleged infringement?
If you receive a DMCA notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to TecInfo. Upon TecInfo’s receipt of a counter notification that satisfies the requirements of the DMCA, TecInfo will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, you expressly agree that TecInfo will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
If a notification of claimed infringement has been filed against you, you can file a counter notification with TecInfo’s designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.
Revised and effective: February 19, 2019
Terms of Service
Terms of Service and Service Agreement
- The Agreement shall be effective on the Effective Date indicated on the first page of the Agreement. The term of the Agreement shall commence upon the later of (i) installation of the initial Service or (ii) the Effective Date, and shall continue in full force and effect for thirty-six (36) months, unless earlier terminated in accordance with the Agreement terms. After expiration of the Term, the Agreement shall renew automatically thereafter for successive yearly term(s), unless either Party serves the other Party with written notice of such Party’s intent not to renew the Agreement at least sixty (60) days prior to expiration of the then current Term. TecInfo Communications’ provision of Services is contingent upon Customer’s compliance with TecInfo Communications’ credit requirements, which requirements may be revised during the Term hereof in TecInfo Communications’ sole reasonable discretion.
- CHARGES AND PAYMENT.a. ) The rates and charges for the Services shall be those set forth in the rate schedule to the Agreement (the “Rate Schedule”) or other appropriate schedule thereto and/or TecInfo Communications’ tariffs, as applicable and as amended from time to time. The rates and charges in the Rate Schedule apply only to the Services provided at the service address listed on the Rate Schedule of the Agreement. Each additional Customer location added after the Effective Date of the Agreement shall require its own rate schedule. For any TecInfo Communications service used by Customer for which a rate is not specified in the Agreement, TecInfo Communications’ standard business rate shall apply.
b.) Notwithstanding the foregoing, Customer guarantees to TecInfo Communications payment of a minimum monthly fee in the amount set forth on the first page of the Agreement (“Minimum Monthly Fee”). For each month Customer agrees to pay the greater of (i) the total amount otherwise due for the month for all Services and any Equipment provided under the Agreement, or (ii) the Minimum Monthly Fee. Compliance with the Minimum Monthly Fee shall be based on Customer’s Service charges prior to application of any taxes or surcharges.
c.) Customer agrees to make all payments for Services within ten (10) days after Customer’s receipt of the TecInfo Communications invoice (the “Due Date”). All applicable federal, state or local taxes, and all use, sales, commercial, gross receipts, privilege, surcharges or other similar taxes or license fees, whether charged to or against TecInfo Communications or Customer, shall be payable by, and is the sole responsibility of Customer. Customer shall be responsible for payment of all local, state and federal taxes, fees and surcharges, however designated, imposed on or based upon the provision, sale, or use of the Services. Customer shall be responsible for the payment of all surcharges in effect from time to time, including but not limited to USF, PICC, and payphone surcharges, as required or permitted by applicable law, regulation or tariff and/or as specified on the TecInfo Communications website at https://www.tecinfo.net/fees. To the extent a sale is claimed to be subject to a tax exemption, and Customer provides TecInfo Communications with a proper tax exemption certificate as authorized or required by statute or regulation of the jurisdiction providing said tax exemption, TecInfo Communications agrees to exempt Customer from the collection of taxes to the extent warranted by such certificate(s). Failure to timely provide said certificate will result in no exemption being available to Customer for any period prior to the date that the Customer presents a valid certificate. Notwithstanding, when applicable, Monthly recurring and all one-time charges shall be invoiced 30 days in advance of service and all usage charges shall be invoiced in arrears. If any CUSTOMER payment is not received by the Due Date, TecInfo Communications may impose a late payment charge of the higher of 1.5% per month or the highest legally permissible by the State of Mississippi.
- DISPUTE RESOLUTION. Customer must provide TecInfo Communications with written notice of any disputed charge(s) within ninety (90) days after the invoice date listed on the bill or shall be deemed to have waived its rights to dispute the charges. If the dispute is filed on or before the Due Date for the respective invoice, Customer shall pay the invoiced amount minus the disputed amount by the Due Date. Customer shall have no right to withhold amounts not disputed by the Due Date, provided that payment of an invoice shall not be deemed a waiver of Customer’s rights to later dispute an invoice within the time period established in this Section. The dispute notice shall set forth in writing in reasonable detail the information concerning the disputed charges and reasons for the dispute. TecInfo Communications and Customer shall attempt in good faith to promptly resolve any objection to the invoiced amount. If the dispute is subsequently resolved in favor of TecInfo Communications, Customer shall pay the disputed amount previously withheld within ten (10) days of such resolution, including interest at the rate specified above from the original due date. If the dispute is subsequently resolved in favor of Customer, TecInfo Communications shall issue a credit on Customer’s subsequent invoice for the disputed amount. If TecInfo Communications initiates legal proceedings to collect any amount due hereunder and TecInfo Communications substantially prevails in such proceedings then Customer shall pay the reasonable attorneys’ fees and costs incurred by TecInfo Communications in prosecuting such proceedings and any appeals there from.
4. A “Default” shall occur if:
a.) CUSTOMER fails to make any payment by its Due Date and such failure remains uncorrected fifteen (15) days after written notice from TecInfo Communications,
b.) Either party fails to perform or observe any material term or obligation other than making payment, contained in this Agreement, and any such failure remains uncorrected for thirty (30) calendar days after receipt of a written notice from the non-defaulting party informing the defaulting party of such failure; or
c.) Upon the institution of bankruptcy, receivership, insolvency, reorganization or other similar proceedings by or against either party under any section or chapter of the United States Bankruptcy Code, if such proceedings have not been dismissed or discharged within thirty (30) calendar days after they are instituted;
d.) Upon the insolvency, or the making of an assignment for the benefit of creditors, or the institution of any reorganization arrangement or other readjustment of debt plan of or by either party not involving the United States Bankruptcy Code; or (e) Upon the appointment of a receiver for all or substantially all of a party’s assets. The parties expressly agree that the failure of any particular telecommunications or Internet circuit or any number of circuits shall not constitute a material breach of this Agreement.
- Upon any actual or alleged breach of or default under this Agreement by any party, no action shall be taken with respect thereto against the breaching or defaulting party unless and until such breach or default remains uncured thirty (30) days after written notice thereof to the party alleged to be in breach or default. Each party shall be entitled to seek in a court of law injunctive and other equitable relief for any breach of the terms of this Agreement. Otherwise, however, if a dispute arises out of or relates to this Agreement, any actual or alleged breach hereof or the interpretation hereof, and if such dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle such dispute by mediation administered bythe American Arbitration Association (the “AAA”) under its Commercial Mediation Procedures, or by private mediation as the parties may agree, before resorting to arbitration, litigation, or some other dispute resolution procedure. Any such dispute not resolved by negotiation or mediation shall be settled by binding arbitration in Washington County, Mississippi pursuant to the commercial Arbitration Rules of the AAA, by a single arbitrator selected in accordance with rules of the AAA. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from the court of competent jurisdiction to protect its rights or property pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs of responding to such action.
- a) A party may terminate the Agreement on thirty (30) days’ written notice if the other party materially breaches the Agreement and such breaching party fails to cure the breach within such notice period, provided that the cure period for breach of any of Customer’s payment obligations shall only be ten (10) days.
b.) A party may terminate the Agreement upon written notice to the other party if (i) the other party dissolves or becomes insolvent or bankrupt; (ii) the other party makes an assignment for the benefit of creditors; (iii) the other party suspends the transaction of its usual business or consents to the appointment of a trustee or receiver; (iv) a trustee or receiver of the other party is appointed; or (v) any bankruptcy, reorganization, insolvency or similar proceeding is instituted by or against the other party and not dismissed within thirty (30) days.
c.) If Customer (or any Customer affiliate) is in default of the terms of any other agreement between TecInfo Communications (or any TecInfo Communications affiliate) and Customer (or any Customer affiliate), including but not limited to any payment obligation to TecInfo Communications or its affiliates, then TecInfo Communications, at its sole option, may consider such default as a default under this Agreement and provide notice of default in accordance with the terms of this Agreement. Customer further understands and agrees that any breach by Customer of its obligations under this Agreement shall also be deemed a breach by Customer of its obligations under any other agreements it (or any Customer affiliate) has entered into with TecInfo Communications and/or its affiliates and understands and agrees that any such breach shall authorize TecInfo Communications and/or any of its affiliates to immediately suspend performance under, and or terminate, said agreements with Customer (or Customer’s affiliates) for default.
d.) In addition to TecInfo Communications’ remedies under Section 3 and Section 5(a) hereof, TecInfo Communications shall have the right on fifteen (15) days prior notice to immediately and without further notice suspend Services to Customer in the event of nonpayment by the Due Date of any charges not disputed in accordance with the provisions of Section 3.
- Termination Liability. If the Agreement is terminated any time after the Effective Date of the Agreement but prior to the expiration of the Term, except if terminated by Customer pursuant to Section 2 or 6 (termination) above, Customer shall pay to TecInfo Communications, immediately upon demand, (i) all sums then due and unpaid plus (ii) an amount equal to the Minimum Monthly Fee times the number of months left in the Term. No termination liability will apply in the event the Agreement is terminated by Customer pursuant to Section 1 or 5 above; however, in such event Customer shall be responsible for payment of all charges incurred prior to the termination
- TecInfo Communications may from time to time suspend Service for routine maintenance or rearrangement. TecInfo Communications will give CUSTOMER a minimum of five (5) business days advance notification (via phone or email) of such maintenance and TecInfo Communications shall use best efforts to ensure that such maintenance shall not interrupt service to CUSTOMER and shall be performed between the hours of 11:30 PM to 6:00 AM or Sundays between the hours of 12AM to 8:30AM local time, except in cases where emergency maintenance is necessary and unavoidable. TecInfo Communications may amend or modify Services provided such modifications do not materially effect, interrupt, or increase the cost of such Services with thirty (30) days written notice to CUSTOMER. In the event of a need for emergency repairs as much notice as practicable will be given. Both parties shall provide the other party (and revise as necessary) a list of contacts for maintenance and escalation purposes. TecInfo Communications will maintain a point-of contact for CUSTOMER to report degradation or interruption in Service (“Service Outage”) to TecInfo Communications twenty-four (24) hours a day, seven (7) days a week. When CUSTOMER believes that a Service Outage has occurred, CUSTOMER must contact TecInfo Communications’ Network Operations Center (“NOC”) at 662.686.9009 and listen to prompts for emergency contact, to identify the Service degradation and initiate an investigation of the cause of the Service Outage (“Trouble Ticket”). If TecInfo Communications becomes aware of service degradation, TecInfo Communications will contact CUSTOMER to determine whether a Trouble Ticket should be initiated. Once the Trouble Ticket has been opened, the appropriate TecInfo Communications personnel will initiate diagnostic testing and isolation activities to determine the source and severity of the degradation in Service. If there is a Service Outage, TecInfo Communications and CUSTOMER will cooperate to restore Service. A Service Outage ends when the affected Service is fully operative. In the event of a Service failure or outage, TecInfo Communications agrees to have repair personnel working to restore the affected Services within two (2) hours after receiving notification of the outage or failure by the CUSTOMER, or when first noticed by the TecInfo Communications.
- EQUIPMENT. Any and all equipment furnished by TecInfo Communications shall remain its property and shall be returned to TecInfo Communications on expiration or termination of the Agreement or as earlier requested by TecInfo Communications, in good condition, reasonable wear and tear excepted. Customer shall reimburse TecInfo Communications for any loss of, or damage to, TecInfo Communications facilities or equipment on the Customer’s premises, except loss or damage caused by TecInfo Communications’ own employees, agents or contractors.
- The quality of service provided hereunder shall be consistent with common carrier industry standards, Government regulations and sound business practices. TecInfo Communications makes no other warranties about the service provided hereunder, expressed or implied, including but not limited to, any warranty of merchantability or fitness for a particular purpose. TecInfo Communications does NOT authorize anyone to make a warranty on TecInfo Communications behalf and the customer may not rely on any statement of warranty as a warranty of TecInfo Communications.
- INDEMNIFICATION AND LIMITATION OF LIABILITY. In no event shall either party (or its Affiliates, Employees, Officers, Directors, or Agents) be liable to the other party for any indirect, special, incidental, consequential or exemplary damages, including, without limitation, damages for loss of revenue, loss of profits, or loss of customers, clients or goodwill arising in any manner from the agreement and/or the performance or nonperformance hereunder. This does not limit customer’s responsibility for the payment of any and all properly due charges. This section shall survive failure of an exclusive or limited remedy and termination of the agreement.
b.) TecInfo Communications’ entire liability and customer’s exclusive remedies with respect to any service provided to customer (including without limitation with respect to the Installation, Delay, Provision, Termination, Maintenance, Repair, Interruption, or Restoration of any such service) or breach of the agreement, whether in an action for or arising out of breach of Contract, Tort, including Negligence, Indemnity or Strict Liability, shall be as follows: (I) For a service quality claim (including interruption in service), the outage credit under the service level agreement; (II) For tangible property damage or personal injury caused by TecInfo Communications’ negligent acts or omissions, or for any damages arising from the willful misconduct of TecInfo Communications, the amount of proven direct damages; and (III) For all other claims not covered by foregoing subsections, the amount of proven direct damages not to exceed an amount equal to the charge applicable under the agreement for the period during which services were affected. In no event shall TecInfo Communications’ and its Affiliates’ cumulative liability for all claims arising out of this agreement exceed the total amount of all fees paid by Customer to TecInfo Communications hereunder. This section survives termination of the agreement.
c.) TecInfo Communications also shall not be liable for any damages arising out of or relating to: interoperability, interaction, access or interconnection problems with applications, equipment, services, content or networks not provided by TecInfo Communications; Service interruptions or lost or altered messages or transmissions (except to the extent credit allowances are specified in the applicable Service Level Agreement); or unauthorized access to or theft, alteration, loss or destruction of Customer’s, Users’ or third parties’ applications, content, data, program, information, network or systems.
d.) The provision(s) of this section shall survive the termination of service(s) and the term of this agreement.
- FORCE MAJEURE. In the event that either party’s performance under this Agreement is delayed, prevented, obstructed, or inhibited because of any act of God, governmental action or any other cause beyond such party’s reasonable control (“Force Majeure Event”), such party will not be in default of this Agreement; provided, however, such party shall exercise commercially reasonable efforts to perform in spite of the Force Majeure Event. In the event of a Force Majeure Event, which materially impacts performance for ten (10) days or more (“Extended Delay”), either party may terminate the affected Services without penalty or further obligation upon written notice to the other party. During a Force Majeure Event, all payment obligations shall abate with respect to the impacted Services.
- COMPLIANCE WITH LAW AND GOVERNING AUTHORITY. a) Each party shall comply with all applicable laws, regulations, court decisions or administrative rulings regarding the provision or use of the Services. Without limiting the foregoing, all customers that utilize the Services for the purpose of making telephone solicitations must comply with the national do-not-call requirements, including the rules as set forth in 47 C.F.R. Section 64.1200 and 16 C.F.R. Part 310. Failure to do so shall constitute a material breach of the Agreement. b) This Agreement is subject to all applicable federal, state and local laws, and regulations, rulings, orders, and other actions of governmental agencies. It is agreed that this Agreement is being executed by TecInfo Communications within the State of Mississippi, has become effective within the State of Mississippi, and therefore shall be governed by and construed in accordance with the laws of the State of Mississippi.
- CHANGE IN LAW. If any government statute or regulation or order by a court of law or regulatory authority directly (a) prohibits performance under this Agreement, (b) makes such performance illegal, impossible or impractical, or (c) effects a change which has a material adverse impact upon either party’s performance of its obligations under this Agreement, then the parties will use all reasonable efforts, to either (1) revise or amend such conflicting statute or regulation or order by a court of law or regulatory authority or (2) revise the Agreement so that (a) performance under the Agreement is no longer prohibited, illegal, impossible or is no longer impacted in a material adverse fashion, and (b) the Agreement is revised in a manner that preserves, to the maximum extent possible, the respective original intent of the parties. Each party will endeavor to provide reasonable notice to the other party as to any proposed law, regulations or any regulatory proceedings or actions that could affect the rights and obligations of the parties under this Agreement. If the parties are unable to revise the Agreement in accordance with the above, then the party whose performance is rendered prohibited, illegal, impossible, impractical or is impacted in a material adverse manner shall have the right to, at its sole discretion, to cease performance of any such obligations or Services that are so prohibited, impossible, impractical or material and adversely affected without further obligation or liability upon thirty (30) days’ prior written notice to the other party (or less if required by law). The parties will continue to perform all such obligations and Services under this Agreement that are not so prohibited, impossible, impractical or material and adversely affected; provided if a material part of the rights and obligations under this Agreement are suspended in accordance with the above and the performance of the remaining obligations would not reasonably maintain the respective original intent of the parties or would not serve the essential purpose of this Agreement, then either party shall have the right to, at its sole discretion, to terminate this Agreement without further obligation or liability upon thirty (30) days’ written notice to the other party.
- All notices and communications under the Agreement shall be in writing and shall be given by personal delivery, by registered or certified mail, return receipt requested, or by facsimile transmission, addressed to the respective Party as set forth in the first page of the Agreement or to such other address as may be designated in writing by such Party. Notice shall be deemed given upon receipt.
- UNAUTHORIZED USE OF SERVICES. Customer, and not Tecinfo Communications, shall bear the risk of loss arising from any unauthorized or fraudulent usage of Services provided under the Agreement to Customer. TecInfo Communications reserves the right, but is not required, to take any and all action it deems appropriate (including blocking access to particular calling numbers or geographic areas) to prevent or terminate any fraud or abuse in connection with the Services, or any use thereof, provided, however, that any such action shall be consistent with applicable federal and state laws, rules, and regulations.
- SEVERABILITY OF PROVISIONS. The Agreement, including these Standard Terms and Conditions and all other schedules referenced in the Agreement or at https://www.tecinfo.net/terms-and-conditions and which are applicable to the Services purchased by the Customer, and any attached schedules signed by both parties, represents the entire agreement of the Parties with respect to the subject matter hereof and supersedes all other agreements, written or oral, between the Parties relating to the Service. Any modification to this Agreement shall be in writing signed by authorized representatives of both Parties. In case of any conflict between the provisions of these Standard Terns and any schedule (including any Additional Terms), the provisions of these Standard Terms shall take precedence unless otherwise indicated in the signed attached schedule. This Agreement and any amendment of the terms hereof, may be signed in counterparts, each of which shall constitute an original and all of which together shall constitute one and the same instrument.
- WAIVER: No term or provision herein shall be waived, and no breach or default excused, unless such waiver or consent is in writing and signed by the Party to which it is attributed. No consent by a Party to, or waiver of, a breach or default by the other, whether expressed or implied, shall constitute a consent to or waiver of any subsequent breach or default.
- CPNI. : Under federal law, Customer has the right, and TecInfo Communications has a duty, to protect the confidentiality of information about the amount, type, and destination of Customer’s service usage (CPNI). Customer hereby consents to the sharing of Customer’s CPNI or other personal information with TecInfo Communications, LLC and its affiliates, agents and contractors, solely for the purpose of developing or bringing to Customer’s attention any products and services, or in the event of any merger, sale of some or all of the company assets or acquisition 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 the company. This consent survives the termination of Customer’s Service and is valid until revoked by Customer. To remove this consent at any time, Customer must notify TecInfo Communications in writing at 601 N. Deer Creek E., Leland, MS 38756 Attn: Customer Service and provide the following information: (1) Customer name, (2) Service billing address,
(3) Telephone number including area code, and (4) Service account number. Removing consent will not affect the Customer’s current Service.
- Neither party may assign its obligations under this Agreement without the prior written consent of the other party; such consent not to be unreasonably conditioned, delayed or withheld. Either party may, however, assign its rights hereunder to an affiliate or a company which purchases all or substantially all of its assets (“Assignee”) without the consent of the other party, but with no less than thirty (30) days’ prior notice to the non-assigning party; provided that the Assignee agrees to be bound by all the terms and conditions of this Agreement, including the Assignee’s agreement to cure all prior defaults of the assigning party under this Agreement.
Open Internet Statement
TecInfo Communications (“TECINFO COMMUNICATIONS,” “we,” “our,” or “us”) provides Internet access services to residential and commercial subscribers in 2 states (“Services”). We are committed to providing our Services as an open platform for innovation, investment, job creation, economic growth, competition, and free expression. TECINFO COMMUNICATIONS also supports the following Net Neutrality principles:
• NO Blocking of lawful Internet content, subject to reasonable network management as described below
• NO Throttling of lawful Internet content, subject to reasonable network management as described below
• NO Unreasonable Discrimination
• NO Paid Prioritization of Internet content
• Freedom of subscribers to access lawful Internet content
• Freedom of subscribers to use non-harmful applications of their choice
• Freedom of subscribers to attach non-harmful personal devices
This Open Internet Policy Statement sets forth certain information regarding the policies and practices of TECINFO COMMUNICATIONS and how we manage our networks for residential and business broadband internet access service (the “TECINFO COMMUNICATIONS Networks”). This Open Internet Policy Statement is a supplement to and is incorporated by reference in the various legal terms and conditions of our Services, which are found at our Terms and Conditions page, including but not limited to TECINFO COMMUNICATIONS’s “Acceptable Use Policy” (collectively “Service Agreements”). In the event of any inconsistency between this Open Internet Policy Statement and the Service Agreements, this Open Internet Policy Statement shall control.
TECINFO COMMUNICATIONS’s wireless broadband access service is a fixed wireless service. Generally, given the nature of fixed wireless services, certain circumstances may affect the speed and quality of the service, including but not limited to foliage, line-of-sight obstructions, the distance between a subscriber’s premises and the transmission point, as well as the subscriber’s connection of multiple devices to a TECINFO COMMUNICATIONS Network. Although we have engineered the TECINFO COMMUNICATIONS Networks to provide consistent high-speed data services, some network management for these scenarios is required in order to provide the best online experience possible for all of our subscribers. Very heavy data usage by even a few subscribers at times and places of competing TECINFO COMMUNICATIONS Network demands can affect the performance for all subscribers.
I. NETWORK MANAGEMENT PRACTICES
Network management is only activated when congestion is detected on a TECINFO COMMUNICATIONS Network. In regular intervals, TECINFO COMMUNICATIONS Network equipment is polled to identify what devices may be experiencing congestion. When a specific device is determined to be congested, the subscribers serviced from that/those network device(s) are analyzed and then managed based on plan and usage thresholds until the congestion has been alleviated, as described more fully below. Subscribers will still be able to do what they want online; in many cases activities may be unaffected. In other cases, subscribers may see reduced speed in downloads or uploads. No specific type of usage activity or subscriber aggregate monthly usage is targeted by these practices. It is important to note that TECINFO COMMUNICATIONS Network management is temporary and based on constantly changing network conditions.
The network management practices described in this section are part of the “standard” TECINFO COMMUNICATIONS Network architecture. As TECINFO COMMUNICATIONS acquires other broadband Internet networks, we implement these practices as quickly as possible.
A. Blocking: Other than reasonable network management practices disclosed below, we do not block or otherwise prevent a subscriber from accessing lawful content, applications, services, or your use of non-harmful devices.
B. Throttling: Other than reasonable network management practices disclosed below, we do not throttle or otherwise shape, slow, degrade or impair a subscriber from accessing lawful Internet traffic on the basis of content, application, service, user, or use of a non-harmful device. All lawful Internet use is handled identically.
C. Affiliated Prioritization: We do not directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, to benefit any of our affiliates, defined as an entity that controls, is controlled by, or is under common control with TECINFO COMMUNICATIONS.
D. Paid Prioritization: We do not directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, in exchange for consideration, monetary or otherwise.
E. Congestion Management: Our Services are provided on a “best efforts” basis and our congestion management practices are in place to ensure that all subscribers experience as high quality a service. If our Network experiences congestion, it is typically between 7:00 pm and 11:00 pm local time. We do not impose any additional usage limits for the Services unless part of our network management practices.
• i. TECINFO COMMUNICATIONS deploys two types of “fair queuing” as a network management tool when congestion is present in TECINFO COMMUNICATIONS Networks, including (a) “fair split” where all users on a device get a fair share of bandwidth; (b) “borrowing” where TECINFO COMMUNICATIONS prioritizes types of traffic to deliver a higher quality of experience (i.e. VoIP has priority over streaming and streaming has priority over bulk file transfers/downloads). No traffic type is completely denied access.
• ii. TECINFO COMMUNICATIONS may also use specific traffic shaping software in order to manage our Network during periods of congestion.
• iii. TECINFO COMMUNICATIONS may also conduct deep packet inspection (“DPI”), which is a type of filtering that will examine the data and/or header part of Internet traffic for viruses, spam, intrusions, or protocol non-compliance that may harm a TECINFO COMMUNICATIONS Network; to determine the routing of Internet traffic; for internal statistical and performance purposes; for lawful intercept capabilities, and/or enforcement of our Service Agreements. We do not use DPI to conduct data mining for targeted marketing or advertising, or anti-competitive purposes.
• iv. If TECINFO COMMUNICATIONS determines, in our sole and reasonable discretion, that the manner in which a subscriber is using the service negatively impacts other subscribers or any TECINFO COMMUNICATIONS Network, we reserve the right to apply additional congestion management techniques.
F. Application-Specific Behavior: Subject to the qualification that TECINFO COMMUNICATIONS may reasonably limit or rate-control specific or classes of applications, or other specific protocols or protocol ports as set forth below, TECINFO COMMUNICATIONS generally treats all lawful applications identically. However, we reserve the right to block or limit access to any applications, ports, or protocols that we determine, in our sole and reasonable discretion, may expose any TECINFO COMMUNICATIONS Network to potential legal liability, harm any TECINFO COMMUNICATIONS Network or otherwise interfere with or impair the experience of other subscribers on TECINFO COMMUNICATIONS Networks. TECINFO COMMUNICATIONS Networks also may not support certain high-bandwidth video and voice applications, or peer-to-peer applications that carry unlawful or harmful content/software.
G. Device Attachment Rules: Generally, you do not need approval to connect a third-party device to a TECINFO COMMUNICATIONS Network. TECINFO COMMUNICATIONS does not limit the types of devices that can be connected to any TECINFO COMMUNICATIONS Networks, provided they are used for lawful purposes and do not harm a TECINFO COMMUNICATIONS Network, violate our Service Agreements, or harm other users of TECINFO COMMUNICATIONS Networks. However, if we determine, in our sole and reasonable discretion, that the connection of a particular type of device to any TECINFO COMMUNICATIONS Network negatively impacts other users or the TECINFO COMMUNICATIONS Network, or may expose us to potential legal liability, we reserve the right to limit or restrict subscribers’ ability to connect such type of device to TECINFO COMMUNICATIONS Networks. If you need technical support services to assist you in the installation and configuration of third party devices, please contact us or visit https://www.tecinfo.net/support. Depending on your level of service and your specific Service Agreement, there may be an additional monthly fee for our IT support services.
H. Security: TECINFO COMMUNICATIONS has taken reasonable physical, technical and administrative safeguards to protect the integrity and operations of TECINFO COMMUNICATIONS Networks and our subscribers from malicious and unwanted Internet traffic. We monitor the TECINFO COMMUNICATIONS Network for security threats and may prohibit certain activity on TECINFO COMMUNICATIONS Networks that we may deem, in our sole and reasonable discretion, poses a potential risk to any TECINFO COMMUNICATIONS Network and/or to other subscribers. Triggering conditions include but are not limited to denial of service activity, IP address or port scanning, excessive account login failures; or certain Internet addresses that are disruptive, malicious and typically persistent. If we notice excessive subscriber connections, including but not limited to Wi-Fi connections, that are harmful or are commonly used to disrupt the normal use of any TECINFO COMMUNICATIONS Network or use by other subscribers, we will attempt to notify the subscriber to work collaboratively to remedy the issue to the extent possible; however, we reserve the right as a reasonable security practice, without advance notice, to block any subscriber traffic, ports, protocols, devices, or applications (such as peer-to-peer applications that may carry malicious software or are known to be problematic) that we determine, in our sole and reasonable discretion, may cause harm to any TECINFO COMMUNICATIONS Network or to other subscribers, or may expose us to potential legal liability.
II. PERFORMANCE CHARACTERISTICS AND COMMERCIAL TERMS
Specific service fees and rates for an individual subscriber are set forth in the subscriber’s email confirmation of sale, invoice and My Account page. Various information regarding our Services, including additions, changes or modifications are also publicized on the TECINFO COMMUNICATIONS Web site at https://www.tecinfo.net.
A. Service Description and Terms: Links to a current description of the categories of Internet access service offered to residential and business subscribers are available below, including service terms, expected and actual access speed and latency, and the suitability of the service for real-time applications. The service terms of our Services are subject to change at any time:
i. Residential Services –
• i. Broadband Internet Terms and Conditions of Service
ii. Business Services –
• i. Business General Terms and Conditions
B. Service Pricing and Fees: Links to the current rate card pricing and additional fees for Internet access service offered to residential and business subscribers are available below. TECINFO COMMUNICATIONS offers a range of service plans and special promotions that may affect this pricing and the pricing for our Services are subject to change at any time:
• i. Standard Rate Card Pricing for Internet Service
• ii. Additional Fees and Payment Terms Disclosure Statement
C. Network Speeds: TECINFO COMMUNICATIONS offers a range of download speeds to residential subscribers varying from 3 Mbps to 300 Mbps. The network is designed to support these speeds to help ensure that every subscriber receives the speeds to which they have subscribed. TECINFO COMMUNICATIONS however cannot guarantee speeds at all times, as there are many factors and conditions beyond TECINFO COMMUNICATIONS’s control that can affect Internet performance. Some of these external factors and conditions are:
o i. Performance of subscriber computer and/or router
o ii. Type of connection to TECINFO COMMUNICATIONS Customer Premise Equipment (i.e., Wi-Fi)
o iii. Congestion of web sites and services on Internet
o iv. Web site or service limiting speeds on the Internet
o v. Internet and equipment performance outside of the TECINFO COMMUNICATIONS Network
TECINFO COMMUNICATIONS Internet packages are advertised as “up to” certain speeds reflecting performance under ideal conditions. Without purchasing an expensive “dedicated” Internet connection, no Internet Service Provider can guarantee package speeds at all times.
TECINFO COMMUNICATIONS provides a Speed Test for our subscribers to use. While the test results on this site provide information regarding service speeds, they are not definitive as they are highly dependent on equipment and configuration found in the home network. Additional information regarding subscriber experience across TECINFO COMMUNICATIONS Internet Plans can be found at our FAQ page. This page displays mean subscriber speeds and latency information by Internet plan. Subscriber speed tests are collected from the TECINFO COMMUNICATIONS Speed Test servers identified above. These results are calculated by averaging all subscriber speed tests and latency, by plan, at peak periods of usage. Peak periods of usage are defined as 7:00 pm to 11:00 pm on weeknights.
E. Impact of Non-Broadband Internet Access Service Data Services (also known as “Specialized Services”): TECINFO COMMUNICATIONS does not offer Specialized Services to subscribers that will affect the last-mile capacity available for, and the performance of, our broadband Internet access Service offering.
F. Acceptable Use: As set forth in the Service Agreement, all of TECINFO COMMUNICATIONS’s service offerings are subject to the Acceptable Use Policies (“AUP”) section of the Service Agreement, which we may from time to time establish or revise. The AUP is available here.
H. Redress Options: TECINFO COMMUNICATIONS endeavors to respond to all subscriber concerns and complaints in a timely and fair manner. We encourage subscribers to contact us at 800-863-5415, or email@example.com, or U.S. postal mail to discuss any complaints or concerns as they TECINFO COMMUNICATIONS. Our postal address is 601 N Deer Creek Dr E, Leland, MS 38756, Attention: Customer Care.
I. Disputes and Arbitration: The Service Agreement requires the use of arbitration to resolve disputes and otherwise limits the remedies available to subscribers in the event of a dispute.
III. FCC REQUIREMENTS AND COMPLAINT PROCESS
The Federal Communications Commission (“FCC”) has adopted rules to preserve the Internet as an open platform (“Rules”). Information regarding these Rules is available on the FCC’s website at: https://www.fcc.gov/restoring-internet-freedom
If a subscriber believes that we are not in compliance with the FCC’s rules, the subscriber may file an informal complaint with the FCC. The FCC urges subscribers to submit any complaints via its website at the following address: https://consumercomplaints.fcc.gov/hc/en-us.
IV. ADDITIONAL DISCLAIMERS