Broadband Acceptable Use Policy
Unlawful activity and infringement of intellectual property rights
- Use of MTE Communications' (MTE) services for the transmission, distribution, storage, or location of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is deemed obscene or defamatory, constitutes an illegal threat, or violates export control laws.
- If MTE becomes aware or is notified in accordance with applicable federal law, that you or anyone using your connection to our Internet service has infringed on an intellectual property right or violated any local, state or federal law, the infringing or prohibited materials will be removed from MTE's system or network and access to the prohibited materials will be disabled.
- If MTE removes or disables access to infringing or prohibited materials and you believe that the materials are not infringing on another's intellectual property rights or otherwise prohibited, you may request that the materials be replaced or that MTE cease disabling access to such materials ("counter notification")
- This counter notification must comply with the requirements of 17 U.S.C. § 512(g)(3) and contain the following information:
- Your physical or electronic signature.
- Identification of the material and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the District of Idaho.
- MTE will process a valid counter notification in accordance with MTE's obligations under 17 U.S.C. § 512(g), which may or may not include replacing or restoring access to material that is not in fact infringing or prohibited.
- This counter notification must comply with the requirements of 17 U.S.C. § 512(g)(3) and contain the following information:
- It is the policy of MTE to terminate, in appropriate circumstances, the service provided to any subscriber or account holder who is deemed to be a blatant or repeat infringer of intellectual property rights.
- For the purposes of this Policy, MTE defines "blatant infringer" as a subscriber that MTE determines, at its sole discretion, has obviously or flagrantly used MTE's service or network to violate another's intellectual property rights.
- For the purposes of this Policy, MTE defines "repeat infringer" as a subscriber that has been the subject of more than one notice of infringement that is submitted to MTE on behalf of a copyright owner when such notice complies with the requirements of 17 U.S.C. § 512(c)(3).
- Appropriate circumstances that may justify termination include, but are not limited to, the following situations:
- A subscriber has been found by a court of competent jurisdiction to have infringed the copyright(s) of another on two or more occasions.
- A subscriber has entered into an agreement acknowledging wrongdoing to settle a claim of copyright infringement and subsequently uses MTE's service to violate the terms of that agreement by engaging in copyright infringement or to otherwise engage in conduct that is found by a court of competent jurisdiction to constitute copyright infringement.
- A subscriber participates in repeated flagrant abuse of access to the Internet (e.g., willful commercial piracy or malicious attempts to destroy the value of copyrighted works).
- If MTE is served with a subpoena issued by a court of competent jurisdiction in accordance with 17 U.S.C. § 512(h) for the identification of an alleged copyright infringer, MTE will comply with the subpoena to the full extent of MTE's obligations under state and federal law.
- If MTE becomes the subject of an action to enforce the intellectual property rights of another, you shall indemnify and hold MTE harmless for your infringing actions that involved MTE's service or network.



