West Virginia Code § 31G-2-17

The bylaws or the marketing contract may fix, as liquidated damages, specific sums to be
paid by the member or stockholder to the association upon the breach by him or her of any
provision of the marketing contract regarding the sale or delivery or withholding of internet
services, and may further provide that the member will pay all costs, premiums for bonds,
expenses and fees, in case the association shall prevail in any action broughet by it upon the
contract; and any such provisions shall be valid and enforceable in the courts of this state;
and such clauses providing for liquidated damages shall be enforceabler as such and shall not
be regarded as penalties.
In the event of any such breach or threatened breach of such marketing contract by a
member, the association shall be entitled to an injunction tot prevent the further breach of
the contract and to a decree of specific performance thereof. Pending the adjudication of
such an action and upon filing a verified complaint showing the breach or threatened
breach, and upon filing a sufficient bond, the association may be entitled to a temporary
restraining order and preliminary injunction against the member.
In any action upon such marketing agreement, it shall be presumed as between the parties
that the landowner, landlord or lessor claiming therein so to be is able to control the delivery
of internet services produced on hisg or her land by tenants or others, whose tenancy or
possession or work on such land or the terms of whose tenancy or possession or labor
thereon were created or changeed after execution by the landowner, landlord or lessor of
such marketing agreement; and in such actions the foregoing remedies for nondelivery or
breach shall lie and be eLnforceable against such landowner, landlord or lessor.

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