Tombigbee Fiber Legal Risks: Key Contractual Gaps & Compliance Issues Exposed | Erayaha

## When Legal Loopholes Threaten Millions: A Case Study of Tombigbee Fiber’s Terms & Conditions

When we examined Tombigbee Fiber, LLC’s legal framework, our analysis revealed several high-impact risks that could expose the company to regulatory fines, costly litigation, and business disruption. With a $95 million infrastructure investment and over 44,500 members, even minor contractual oversights could result in losses exceeding $1 million in legal fees or regulatory penalties. Below, we highlight four key areas where the current Terms & Conditions (T&C) create legal and financial vulnerabilities—and how targeted improvements can mitigate these risks.

1. Ambiguous Copyright Termination Policy: Risk of Unenforceable Actions The T&C states that Tombigbee Fiber reserves the right to terminate service for repeat copyright infringement, but lacks clear definitions and procedural safeguards. This ambiguity could result in wrongful termination claims or non-compliance with the DMCA, risking statutory damages up to $150,000 per infringement and potential class action exposure.

Legal Analysis

high Risk

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Added

Provider has a policy that reserves the right towill 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 serviceare determined, system or network, Provider reservesin accordance with the rightprocedures set forth in 17 USC 512(i), to terminate service to that customerbe repeat copyright infringers. Termination will occur only after receivingwritten notice to the customer, an opportunity to respond, and a documented determination of any further copyrightrepeated infringement as defined by that customerlaw.

Legal Explanation

The original clause is vague and lacks procedural safeguards, increasing the risk of wrongful termination and non-compliance with the DMCA. The revision clarifies the process, incorporates statutory requirements, and reduces exposure to litigation.

2. Missing Explicit Privacy Commitments: Regulatory Fines on the Horizon While the T&C references a separate privacy policy, it fails to incorporate explicit privacy protections or compliance statements within the main agreement. This omission could lead to non-compliance with GDPR/CCPA, exposing the company to fines of up to 4% of annual global turnover or $7,500 per violation under CCPA.

Legal Analysis

high Risk

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PRIVACY POLICY Click here to see ourProvider incorporates its Privacy Policy where it explains what end userby reference into these Terms & Conditions and commits to comply with all applicable privacy laws, including GDPR and CCPA, regarding the collection, use, and protection of customer information is collected and how we treat it.

Legal Explanation

The original clause fails to bind the privacy policy to the T&C or commit to regulatory compliance. The revision makes privacy protections enforceable and signals regulatory adherence.

3. Lack of Network Management Transparency: FCC and Consumer Protection Risks The T&C refers to a separate Network Practices disclosure but does not specify what practices are in place or how they comply with FCC Open Internet rules. This lack of specificity could result in regulatory scrutiny, consumer complaints, and penalties exceeding $100,000 per incident for deceptive or unfair practices.

Legal Analysis

medium Risk

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NETWORK PRACTICES: BROADBAND INTERNET SERVICE DISCLOSURES Click here to see our Network Practices which explains how we manage theProvider’s network while providing important links that may be usefulmanagement practices, including traffic management, data prioritization, and blocking or throttling policies, are fully disclosed and comply with FCC Open Internet rules. Customers are entitled to clear notice of any material changes to these practices.

Legal Explanation

The original clause lacks specificity and fails to assure compliance with FCC requirements. The revision provides transparency and regulatory alignment, reducing the risk of enforcement actions.

4. Incomplete Copyright Complaint Procedure: DMCA Safe Harbor at Risk The copyright complaint section provides an agent for notices but omits a detailed process for handling takedown and counter-notices. Without a robust DMCA procedure, Tombigbee Fiber risks losing safe harbor protections, exposing the company to direct liability for user-generated content.

Legal Analysis

high Risk

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NoticesProvider will process copyright infringement notices and counter-notices relatedin accordance with 17 USC 512, including prompt removal of infringing material, notification to claimed copyright infringement should be directed to the following designated agent: Net Abuse P.O. Box 89 Tupeloalleged infringer, MS 38802 Email: copyright@tombigbeefiberand restoration of material if a valid counter-notice is received.com

Legal Explanation

The original clause omits the required DMCA takedown and counter-notice process, risking loss of safe harbor protection. The revision ensures compliance and limits liability.

Conclusion: Proactive Legal Protection is Essential Our analysis shows that Tombigbee Fiber’s current T&C leaves the company exposed to significant legal and financial risks. Addressing these gaps with clear, enforceable language and explicit compliance commitments can prevent costly disputes, regulatory fines, and reputational harm.

Are your contracts exposing your business to hidden liabilities? How robust are your compliance measures against evolving regulations? What would a million-dollar legal mistake mean for your company’s future?

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This analysis is for educational purposes only and does not constitute legal advice. For actual legal guidance, consult with a licensed attorney. This assessment is based on publicly available information and professional legal analysis. See erayaha.ai’s terms of service for liability limitations.