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by hknmtt 904 days ago
> Tier 2: $1,000, for illegal content

strange legal system you got there

2 comments

T-Mobile isn’t technically a legal system so this is referring to them fining for illegal content of their own accord as part of the contractual arrangement. It’s not as if they impanel a jury :)
"if you do something illegal, WE will fine you" ... yeah, that makes perfect sense.
You can't be fined by a private company. They can include provisions in a contract that may lead to increased costs but this is something you would agree to beforehand.
These are B2B contracts. You can put pretty much whatever fines and fees you want in there.
Well, under the restatement (and case law in some states) a liquidated damages provision cannot represent a penalty. Instead, it has to represent an estimate of actual damages in breach, more or less.
Absent the actual language in the Agreement between T-Mobile and the intermediary providers like bandwidth.com, we have no idea what the penalty is called - bandwidth.com is calling it a “fine” but we don’t really know.