Service Application | Terms of Service

GENERAL TERMS AND CONDITIONS & ROBOCALL MITIGATION PLAN

The undersigned (hereinafter called the “Customer”) hereby applies for fiber optic communication services as selected by the Customer (the “Service”) with Prentiss Electric Broadband LLC d/b/a Prentiss Connect (hereinafter called the “Provider” or Company), and agrees to be bound by, and said Service to be governed by and upon the following General Terms and Conditions:

1. The Customer will comply with and agrees to be bound by the provisions of these Terms and Conditions, and such Terms and Conditions of Service as may from time to time be adopted by the Provider in the future. The current General Terms and Conditions of service may be viewed at any time online at PrentissConnect.com.
2. The Customer will, when Service is made available, pay monthly the current rates determined by the Provider for the level of service or types of service selected by the Customer. The standard rates are published at PrentissConnect.com. Business or commercial rates will vary. The monthly service fee begins upon completion of the installation of the service at the Customer’s service location and may be prorated the first and last month of service.
3. Any default by the Customer in the payment of Customer’s service bill shall give the Provider the right to disconnect and discontinue the Service and also to remove any property of the Provider from the service location.
4. Customer shall be provided with a Router as part of the Service obtained from Provider. The Router and ONT device (where the fiber optics media conversion takes place), along with all fiber optic materials utilized, are and shall remain the property of the Provider. Customer shall not tamper with, alter or open the Router, ONT, or any other property of Provider. Upon termination of the Service, Customer shall leave the Provider’s Router, ONT, power cords and fiber as connected for use by future customers at that location.
5. The Customer represents and warrants that they are the owner of the property for which service is sought, or that they have sought and obtained the permission of the owner of the property should they be leasing or otherwise occupying said property. Customer consents and agrees that no easement is needed to provide them this Service as pursuant to the laws of the State of Mississippi, specifically the Broadband Enabling Act, that Provider shall have a right to access the property of Customer by use of any existing easements and rights of way belonging to its parent organization Prentiss County Electric Power Association, on and through Customer’s property for a commercial communications, broadband and smart-grid system as well as any periodic necessary maintenance or service upgrades thereto. If any additional property is needed beyond existing easements or rights of way, Customer specifically gives Provider a perpetual irrevocable license and/or additional easement, as well as permission to cross Customer’s property, including into the structures thereon for the purpose of providing the Service contemplated hereunder.
6. Customer hereby grants to Provider a perpetual irrevocable and permanent license on and through Customer’sproperty to construct, install, maintain, inspect, upgrade, extend, expand, remove and/or replace fiber lines, equipment, material and any related infrastructure. Furthermore, if requested, as the owner of the premises at which the Services are provided, Customer will grant Provider a perpetual easement, without charge, on and through your premises for the aforementioned purposes. Customer also hereby grants to Provider full right of ingress and egress to, from and over the property in question for doing anything necessary or useful for the enjoyment of the easement/license hereby granted. If Customer is not the owner of the premises, Customer warrants that Customer has authority to grant such rights to Provider or that Customer has obtained the consent from the owner of the premises for Provider to construct, install, maintain, inspect, upgrade, extend, expand, remove and/or replace fiber lines, equipment, material and any related infrastructure for the aforementioned purposes.
7. Customer represents and warrants that they are at least 18 years of age and are legally authorized to enter into this Agreement. Customer warrants that Customer is legally empowered to authorize Provider to enter upon the premises for the purposes set forth in this Agreement, including, but not limited to: (a) placing fiber optic transmission lines near or adjacent to the current locations of other utilities on the property, and if necessary, to install an above ground pedestal on the premises; (b) attaching wiring and equipment to a structure; and (c) installing, maintaining, repairing, or disconnecting Service.
8. The Customer authorizes the Provider to make an investigation of their credit history if needed to establish or maintain the Service.
9. Customer agrees, acknowledges and understands that Provider does not and is not responsible for the monitoring or protections or firewalls for the actions of Customer or some third-party as referenced above. Provider cannot be responsible for the actions of Customer or third-parties undertaking such illegal or inappropriate actions.
10. Customer is responsible for any content Customer offers or receives through the Service.
11. It is Customer’s responsibility to ensure the security of Customer’s network and the equipment that connects to the Service. Customer is required to take all necessary steps to secure and manage the use of the Service in such a way to assure that network abuse and/or fraudulent activity is prevented. Failing to secure Customer’s system against abuse or fraudulent activity is a violation of these Terms and Conditions. Customer is responsible for configuring and securing Customer’s network and the Service to prevent unauthorized access to Customer systems and Provider’s fiber network. Customer is also responsible for any fraudulent activity that may occur due to Customer’s failure to secure Customer’s network and the Service. Customer will be responsible if unknown third-parties due to actions or inactions of Customer utilize the Service at any time for the purpose of illegally distributing licensed software, engaging in abusive behavior or engaging in any type of fraudulent conduct. Customer may not, through action or inaction (e.g. failure to secure Customer network), allow others to use Customer’s network for illegal, fraudulent or inappropriate uses, or any other disruptive provoking, or abusive behavior that is prohibited hereby.
12. Customer agrees that the Service is location or property specific and that it shall not be shared with others not residing at or occupying said location/property. The Service shall only be provided to Customer at the address where the installation is performed. Customer may not transfer Customer’s rights or obligation to the Service to any successor tenant or occupant or to any other address without Provider’s prior written approval. Customer may not “share” the Service with other locations or properties.
13. Provider complies with the Online Copyright Infringement Liability Limitation Act of 1998, 17 USC 512 (“Act”). As required by the Act, Provider has a policy that reserves the right to terminate Service to Customers who repeatedly infringe copyrights. If Provider receives a determination that any Customer has infringed another’s copyright through the use of Provider’s Service, system or network, Provider reserves the right to terminate Service to that Customer after receiving notice of any further copyright infringement by that Customer. Provider accommodates and does not interfere with standard technical measures to identify and protect copyrighted works, subject to the limitations of the Act: Notices and counter-notices related to claimed copyright infringement should be directed to the following designated agent:
    • Forging email headers or using another computer, without authorization, to send email messages or to retransmit email messages for the purpose of misleading recipients as to the origin thereof;
    • Using the Service or email to harass or intimidate others;
    • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate or facilitate a violation of any law, including but not limited to the facilitation of the means to spam, infringe on copyrights, and pirate software;
    • Transmitting any defamatory, libelous, fraudulent, deceptive, indecent, offensive or obscene materials;
    • Using the Service to deliver spyware, or secretly or deceptively obtain the personal information of third parties (e.g., phishing);
    • Intentionally spreading computer viruses or malware;
    • Exporting software or technical information in violation of U.S. export control laws;
    • Gaining unauthorized access to private networks;
    • Engaging in the transmission of pirated software;
    • Unauthorized copying, distribution or display of copyrighted material;
    • Conducting or participating in illegal gambling;
    • Soliciting for illegal pyramid schemes through email or USENET posting;
    • Violating rules, regulation, and policies applicable to any network, server, computer database, website, or ISP that Customer accesses through the Service;
    • Threatening, harassing, abusing or intimidating others;
    • Engaging in activity, illegal or not, that Provider determines in its sole discretion to be harmful to its subscribers, operations, or networks;
    • Making fraudulent offers of products, items or services; or
    • Creating or attempting to utilize a domain name that is defamatory, fraudulent, indecent, offensive, deceptive, threatening, abusive, harassing, or which damages the name or reputation of Provider.
    • Violating the CAN-SPAM Act of 2003, or of any state or federal law regulating email, is a violation hereof and Provider reserves the right to seek damages and other available relief against customer or any third parties as applicable. Violations are determined by Provider in its sole discretion.
    • Customer may have access through the Service to search engines, subscription Web services, chat areas,
    • bulletin boards, Web pages, USENET, social networking sites or other services that promulgate rules, guidelines or agreements to govern their use. Failure to adhere to any such rules, guidelines, or agreements may be a violation hereof.
    • Any party seeking to report a violation of these provisions may contact Prentiss Electric Broadband LLC d/b/a
    • Prentiss Connect via phone at 662-728-4433 or email at rdodson@pcepa.com or accounting@pcepa.com.

14. Customer agrees, acknowledges and understands that Provider does not and is not responsible for the monitoring or protections or firewalls for the actions of Customer or some third-party as referenced above. Provider cannot be responsible for the actions of Customer or third-parties undertaking such illegal or inappropriate actions.
15. Customer is responsible for any content Customer offers or receives through the Service.
16. It is Customer’s responsibility to ensure the security of Customer’s network and the equipment that connects to the Service. Customer is required to take all necessary steps to secure and manage the use of the Service in such a way to assure that network abuse and/or fraudulent activity is prevented. Failing to secure Customer’s system against abuse or fraudulent activity is a violation of these Terms and Conditions. Customer is responsible for configuring and securing Customer’s network and the Service to prevent unauthorized access to Customer systems and Provider’s fiber network. Customer is also responsible for any fraudulent activity that may occur due to Customer’s failure to secure Customer’s network and the Service. Customer will be responsible if unknown third-parties due to actions or inactions of Customer utilize the Service at any time for the purpose of illegally distributing licensed software, engaging in abusive behavior or engaging in any type of fraudulent conduct. Customer may not, through action or inaction (e.g. failure to secure Customer network), allow others to use Customer’s network for illegal, fraudulent or inappropriate uses, or any other disruptive provoking, or abusive behavior that is prohibited hereby.
17. Customer agrees that the Service is location or property specific and that it shall not be shared with others not residing at or occupying said location/property. The Service shall only be provided to Customer at the address where the installation is performed. Customer may not transfer Customer’s rights or obligation to the Service to any successor tenant or occupant or to any other address without Provider’s prior written approval. Customer may not “share” the Service with other locations or properties.
18. Provider complies with the Online Copyright Infringement Liability Limitation Act of 1998, 17 USC 512 (“Act”). As required by the Act, Provider has a policy that reserves the right to terminate Service to Customers who repeatedly infringe copyrights. If Provider receives a determination that any Customer has infringed another’s copyright through the use of Provider’s Service, system or network, Provider reserves the right to terminate Service to that Customer after receiving notice of any further copyright infringement by that Customer. Provider accommodates and does not interfere with standard technical measures to identify and protect copyrighted works, subject to the limitations of the Act: Notices and counter-notices related to claimed copyright infringement should be directed to the following designated agent:

Mail: Prentiss Electric Broadband LLC Net Abuse
P.O. Box 428
Booneville, MS 38829

Email: rdodson@pcepa.com or accountinq@pcepa.com.

19. If Customer does not agree to all these Terms and Conditions or the limitations of use provisions herein, including any future revisions, Customer shall not use the Service and must cancel Service immediately. Application, use or continued use shall constitute agreement with the then published Terms and Conditions.
20. Customer agrees that customer shall be responsible for and shall defend, indemnify, and hold harmless Provider and its parent company, and both companies’ employees, affiliates, suppliers, agents, and contractors and shall reimburse them for any damages, losses or expenses (including without limitation, reasonable attorney’s fees and costs) incurred by them in connection with any claims, suits, judgments and causes of action arising out of Customer’s use of the Service or equipment; (ii) violation or infringement of contractual rights, privacy, confidentiality, copyright, patent, trademark, trade secret, or other intellectual property and proprietary rights arising from your use of the Service or any unauthorized apparatus or system; and (iii) any breach of any provision of these Terms and Conditions.
21. In the event a dispute shall arise between the Provider and the Customer, the parties hereby agree that the dispute shall be settled by arbitration administered by the American Arbitration Association or similar organization selected by Provider in accordance with its Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes. The arbitrator’s decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award. Parties further agree that each may bring claims against the other only in their individual capacities and not as a plaintiff or class member in any purported class or representative proceeding, including any arbitration proceedings.
22. The Company’s Robocall Mitigation Plan requires the Company to comply with Federal law and regulations. Users of our services will be required to timely cooperate with any investigations, including Call Trace Back investigations, into suspected illegal uses of Company services. We will specifically prohibit the following activities which may be complicit in illegal calling schemes:
    • continuous or extensive chat line or conference call participation,
    • use of free conference calling or similar services that Company in its sole discretion deems to participate in traffic stimulation practices or schemes that result in excessive charges;
    • use of an open telephone line as a monitoring, intercom or similar service;
    • repetitive and/or continuous messaging or calling to the same destination or number if such activity could reasonably be expected to or in fact does provoke complaints;
    • long duration calls (defined as calls to the same number in excess of four continuous or cumulative hours within a 24 hour period) and/or calls placed to specific numbers / destinations for the purpose of generating charges or fees for or with a third party;
    • use of call Services which do not consist of uninterrupted live human voice dialog by and between natural human beings;
    • restricting or inhibiting any other User or any other person from using and enjoying the Services and/or the Internet;
    • engaging in any of the foregoing activities by using the services of another provider or third party and channeling such activities through an account provided by Company, or otherwise involving the Services or any Company account in any way with or without another provider or third party for the purpose of facilitating the foregoing activities; or
    • utilizing robocalling, autodialing, predictive-dialing or other software or technologies for illegal means.

By agreeing to this SERVICE APPLICATION/ AGREEMENT and GENERAL TERMS AND CONDITIONS, the Customer is confirming THAT THE CUSTOMER HAS READ AND AGREED TO THE SAME, and reaffirming that the Customer is the owner of the property where the service is requested or has the permission from the property owner to have the Service installed. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.