DMCA

Murray Electric Plant Board

Digital Millennium Copyright Act Policy

Murray Electric Plant Board (“Murray Electric”) respects the owners of copyrighted materials, their rights under federal law, and does not permit use of our service to infringe copyrights. If one of our broadband subscribers is an infringer, we will take actions to stop such conduct, including terminating the service of a repeat infringer in appropriate circumstances.

Murray Electric is registered under the Digital Millennium Copyright Act. If you believe one of our subscribers has used materials in such a way that constitutes copyright infringement or otherwise violates your intellectual property rights, we encourage you or your authorized agent to bring it to our attention. Notifications of Copyright Infringement must be sent to our designated agent as follows:

Designated Agent: I.T. Department

Email Address: abuse@murray-ky.net

Postal Address:

Attention: DMCA Agent

Murray Electric Plant Board

PO Box 1095

Murray, Kentucky 42071

Phone: 270-753-5312

Notifications of Copyright Infringement must be in writing and include the following minimum required elements:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Murray Electric to locate the material (including the alleged infringing IP address and time, date and time zone during which the alleged infringing activity occurred).

4. Information reasonably sufficient to permit Murray Electric to contact the copyright owner or authorized agent, such as an address, telephone number, and, if available, an electronic mail address.

5. A statement that you, as the copyright owner, or your authorized agent, has a good faith belief that the use of the material in the manner complained of is not authorized by you, your agent, or the law.

6. A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a Notification of Copyright Infringement from a copyright owner or authorized agent that includes all required information, and assuming we have sufficient information to identify the subscriber, we will send a notice to the subscriber of the alleged infringement (“DMCA Subscriber Notice”) and remove/disable access to the material that is allegedly infringing if hosted on our domain. No personal, subscriber information is shared with the copyright owner or authorized agent unless required by law.

How to File a DMCA Counter-Notification

If a subscriber receives from Murray Electric a DMCA Subscriber Notice and believes it has been sent in error, the subscriber may provide Murray Electric with a written DMCA Counter-Notification. To be effective, a DMCA Counter-Notification must be sent to Murray Electric’s designated agent listed above and include the following required information:

1. Physical or electronic signature of the subscriber.

2. Identification of the material that was the subject of the DMCA Subscriber Notice and location at which the material appeared.

3. A statement, under penalty of perjury, that the subscriber has a good faith belief that the Notification of Copyright Infringement that triggered the DMCA Subscriber Notice was a result of mistake or misidentification of the material to be removed or disabled.

4. The subscriber’s name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the subscriber’s address is located, or if the subscriber address is outside of the United States, for any judicial district in which Murray Electric may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a legally compliant DMCA Counter-Notification, Murray Electric will forward it to the party that filed the original Notification of Copyright Infringement. To the extent the DMCA Counter-Notification will reveal your identity to the complaining party, who then can file a copyright infringement lawsuit against you directly, it is advisable that subscribers seek legal counsel before submitting a DMCA Counter-Notification.

For service concerns, call (270) 753-5312.

Internet Acceptable Use Policy

Customer agrees to not resell or permit another to resell the Services in whole or in part. Customer will not use or permit another to use the Equipment or Service(s), directly or indirectly, for any unlawful purpose or in violation of any MES policy applicable to the Services.

Use of the Equipment or Services for transmission, communications or storage of any information, data or material in violation of any regulation or law is prohibited. MES has no obligation to monitor content accessible through the Services, however Customer agrees that MES has the right to monitor content and disclose any information as necessary to satisfy any law or regulation, to operate the Services properly or to protect MES and MES’s other customers. MES has the sole right to determine what constitutes inappropriate use of its Equipment and Services.

Customer aggress that it is accepting this Agreement on behalf of all persons who may use the Equipment and/or Services and that Customer has the sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this Agreement and any applicable MES policies.

Customer agrees to indemnify, defend and hold harmless MES against all claims and expenses (including reasonable attorney fees) arising out of the use of the Services, the Equipment or the breach of this Agreement or any MES policies by Customer or any other user of the Services at the Customer premises.

Customer agrees to comply with all end user license requirements relative to any of the Services or Equipment which you may access.

Customer agrees that MES has the sole right to disconnect service at any time for violating these terms.

CUSTOMER AGREES THAT THE TERMS OF THIS AUP AND ANY OTHER APPLICABLE MES POLICIES MAY BE PUT INTO EFFECT OR REVISED FROM TIME TO TIME WITHOUT NOTICE BY POSTING A NEW VERSION OF THE AUP OR POLICY TO SUCH WEBSITE. CUSTOMER AND OTHER USERS OF THE SERVICE SHOULD CONSULT THE AUP AND ALL POSTED POLICIES REGULARLY TO CONFORM TO THE MOST RECENT VERSION.

NETWORK MANAGEMENT

Murray Electric System uses, as necessary, a variety of network management practices consistent with industry standards to make sure that all of its customers have a good internet experience. These practices are employed without regard to the source, destination, content, application, or service, and which are designed to protect customers from activities that can unreasonably burden our network or compromise security. Murray Electric System's internet service requires proper management, which is essential to promote the use and enjoyment of the internet by all of our customers. Murray Electric System monitors its network and attempts to address projected demand for capacity, taking reasonable steps to expand capacity as necessary.

In the event that some customer activity is adversely affecting other customers' service Murray Electric System has available the following tools and practices (without limitation and as may be adjusted over time)

• Spam Detection - Our spam filter software is provided to us by a third party, and it scans inbound messages in a search for spam-like characteristics. These characteristics are defined based on previous complaints from our vendor's customers and can be as simple as one URL. New messages that match the characteristics of previous messages that either drew complaints from the vendor's customers or were deemed spam by the software, are likely to be deemed spam by the software and delivered to the users email into a spam folder. For outbound known spam, the software stops the spam from being sent to the identified users.

• Utilize reputation services - Murray Electric System uses IP reputation from multiple sources to deny mail relay to suspect IPs off Murray Electric System IP space.

• Real-time IP Block lists - Murray Electric System uses several third-party block lists to determine whether or not to accept a connection to our inbound mail servers.

Protection from Viruses and Spyware

Murray Electric System's does not provide security software with our internet Service. Murray Electric System recommends that whatever the customer chooses to use has the following capabilities:

• Advanced real-time protection against viruses, spyware and other malicious attacks.

• Secure firewall to prevent hacking attempts, keeping your private data safe.

• Spyware detection and removal to ensure your computer is running smoothly.

• Browsing protection that blocks unsafe sites automatically.

• Parental controls to protect your children against harmful sites

Murray Electric System reserves the right both to modify these as well as to employ other reasonable network management practices in its discretion and in accordance with law as may be necessary and effective to enable the optimum operation of its network to deliver its services.

Application Specific Behavior

Except in the circumstances described above, Murray Electric System does not block or degrade its customers' ability to access lawful content or services. Murray Electric System reserves the right to employ network management practices to prevent certain harmful or illegal activity including without limitation the distribution of viruses or other malicious code (e.g., botnets) or the transfer of child pornography or other unlawful content (e.g., Digital Millennium Copyright Act/DMCA violations).

Device Attachment

Murray Electric System customers will only connect to the Murray Electric System RF or Fiber networks using Murray Electric System provided modems.

Network and End-User Security

Murray Electric System reserves the right to protect the integrity of its network and resources by any lawful means it deems appropriate. Murray Electric System takes steps to protect the security of its network and its customers which may include e-mail virus scanning, denying e-mail from certain domains, spam detection techniques and putting limits on the number of emails sent/received in a given amount of time.

Performance Characteristics

Murray Electric System internet offers residential and commercial customers their choice of a variety of broadband internet access service tiers, each of which offers varying speeds and features that may affect the suitability of such service for real-time applications. The features, pricing and other commercial terms of our service offerings are modified from time to time. Full descriptions of currently available packaging and pricing can be found by navigating to the appropriate section from our homepage.

Murray Electric System provisions its customers' modems to receive the maximum speed levels for each tier of service. Murray Electric System does not guarantee that a customer will achieve those speeds at all times. Like all other ISPs, Murray Electric System advertises its speeds as "up to" a specific level based on the tier of service to which a customer subscribes. The "actual" speed a customer experiences may vary based on a number of factors and conditions, many of which are beyond the control of an ISP such as Murray Electric System. These conditions include:

1. The performance of a customer's internet connected device, including its age, memory, processing capability, its operating system, the number of applications running simultaneously, and the presence of any malware or viruses has an effect on your internet connected device's ability to communicate with the internet. You should make sure you are running the most up-to-date operating system your internet connected device can handle (with all available patches installed) to maximize your connection speeds.

2. Type of connection between a customer's internet connected device and modem. If there is a router between your modem and your internet connected device, the connection speed you experience can often depend on the model and configuration of the router. Wireless connections also may be subject to greater fluctuations in speed and latency and may be affected by interference, congestion, distance, and other factors

3. The distance packets travel (round trip time of packets) between a customer's internet connected device and its final destination on the internet, including the number and quality of the networks of various operators in the transmission path. The internet is a "network of networks." A customer's connection to websites/content may traverse the networks of multiple providers before reaching its destination, and the limitations of those third-party networks will most likely affect the overall speed of that internet connection.

4. Congestion or high usage levels at the website or destination. If a large number of visitors are accessing a site or particular destination at the same time, your connection will be affected if the site or destination does not have sufficient capacity to serve all of the visitors efficiently.

5. Slowing of speeds or access by the website or destination. In order to control traffic or performance, many websites limit the speeds at which a visitor can download from their site, which may adversely impact a customer's connection.

6. In the event that overall customer demand surpasses projected availability, Murray Electric System may limit bandwidth on specific types of services, without regard to affiliation of that service to any specific content provider or application, in order to maintain the overall enjoyment of internet services to all customers.

Murray Electric System internet customers can check the speed performance of their current internet connection using the Murray Electric System Speed Test, which tests the speed that they are receiving on Murray Electric System's network.

Like Murray Electric System's internet services, Murray Electric System Phone service is based on internet protocol, but the provision of these services should not have any discernible effect on your internet services

COMMERCIAL TERMS

Murray Electric System offers various internet service offerings. Visit our homepage for more information regarding pricing or call (270) 753-5312.

CPNI POLICY

Customer Notification Regarding Customer Proprietary Network Information (CPNI)

Murray Electric System (MES) is committed to maintaining the privacy of its customers.  In addition to protecting your personal information as outlined in Murray Electric System’s Privacy Policy, MES employs a number of comprehensive safeguards to protect the privacy of your personal telephone records and information about how you use your service under federal law.

This document serves to explain how MES is complying with Federal Communications Commission (“FCC”) rules related to the privacy of customer information and your role as our customer in assuring that your CPNI information is well protected.

What is Customer Proprietary Network Information (CPNI)?

CPNI is simply defined as a customer’s individual information that relates to the quantity, technical configuration, type, destination, location and amount of use of your telecommunications service, including the information contained in your bill.  That information when matched to your name, address and telephone number is known as “Customer Proprietary Network Information” or “CPNI” for short.  CPNI does not include however your published directory information or any information that is already in the public domain, such as your name, address, published telephone number or aggregate information or data that is not specific to a single customer.

Examples of CPNI include information about which services you purchase, the amount of your long distance bill or call detail information.  These examples are the kind of information that MES possesses because we need that information to serve you.

How do we comply?

MES has established procedures and trained all employees having access to the customer data to identify what constitutes CPNI data consistent with definition of CPNI under the Section 64.2003(g) and Section 222(f)(1) of the Communications Act of 1934 as amended (47 U.S.C. 222(f)(1), to identify uses of CPNI not requiring customer authorization under Section 64.2007 and to identify prohibited uses of CPNI.

Federal privacy rules require MES to authenticate the identity of its customer prior to disclosing CPNI.  Customers calling MES’s customer service representatives can discuss their services and billings with MES CSR once that representative had verified the caller’s identity in person.

MES currently uses the following methods to authenticate customers:

·       In person validation:  MES representatives validate the customer’s identity by verifying personal knowledge &/or matching their photo identification on file with MES prior to discussing or presenting CPNI information to the customer.

Permitted Use of CPNI by MES Without Your Permission

MES may disclose CPNI in the following circumstances:

·       When the Customer has approved the use of their CPNI

·       When disclosure is required by law or court order (i.e. emergency services, law enforcement assistance, etc.)

·       To protect the rights and property of MES or protect Customers and other carriers from fraudulent, abusive or unlawful use of services

·       To provide the services to the Customer, including assisting Customer with troubleshooting and provisioning of the purchased services

·       To bill the Customer for services

Approval or Opt-Out for Marketing Communication

MES does not provide CPNI to other parties for marketing and thus, at this time, has not used the Opt-Out notifications for this purpose.  Prior to any planned CPNI disclosure to outside parties, MES will initiate the Opt-Out notifications.

From time to time however, MES would like to use the CPNI information it has on file to provide you with information about MES’s communications-related products and services or special promotions.  MES’s use of CPNI may also enhance its ability to offer products and services tailored to your specific needs.  Accordingly, MES would like your approval so we may use CPNI to let you know about communications-related services other than those to which you currently subscribe and which we believe may be of interest to you.

IF YOU APPROVE, YOU DO NOT HAVE TO TAKE ANY ACTION

You need to notify us only if you wish to deny permission to use your information in our marketing plans.  Please contact mes@murrayelectric.net if you would like to deny or restrict our use of your CPNI.

Any denial or restriction of your approval remains valid until your services are discontinued or you affirmatively revoke or limit such approval or denial.

Please note your denial of use of your CPNI by MES will not affect the provisioning of any service you subscribe to.

Breach of CPNI Privacy

In the event MES discovers an unauthorized use of customer’s CPNI, federal rules require MES to report such breaches to law enforcement.  Specifically, MES will notify law enforcement no later than seven (7) business days after a reasonable determination that such breach has occurred.  Additionally, MES is required to maintain records of any discovered breaches.  Such documentation would include:  the date MES discovered the breach, the date law enforcement has been notified and copies of the notifications to law enforcement, a detailed description of the CPNI breach including the circumstances of the breach and law enforcement’s response (if any) to the reported breach.  MES will retain these records for a period of not less than two (2) years.

Notification of Changes to this Policy

MES reserves the right to change this CPNI policy at any time.  Any changes to the CPNI policy will be posted to our website, www.murrayelectricsystem.com.

REDRESS OPTIONS

If you have any questions or concerns regarding your Murray Electric System internet service, you may contact customer service by calling (270) 753-5312. The FCC has established procedures for addressing informal and formal complaints regarding broadband service. For information, you can contact the FCC by phone at 1-888-225-5322, online at consumercomplaints.fcc.gov or online at www.fcc.gov/guides/getting-broadband.

Open Records

To request open records fill out this form and return it to the office in person.