Applicability and Acceptance of Terms and Conditions of Use
Except as otherwise set forth herein, these General Terms and Conditions of Use ("Terms ") govern your use of the Southern Communications Services, Inc. d/b/a Southern Linc ("Southern Linc") web site (the "Site"). By accessing and using the Site, you acknowledge that you have read and agree to these Terms. If you do not agree to be bound by these Terms, please exit and discontinue your use of the Site immediately.
These Terms do not govern services available from Southern Linc (even those services that may be ordered or provided by Southern Linc through this Site) to the extent that any specific terms and conditions apply to such services. Those services are instead governed by the specific agreements, policies, instructions, statements and regulations relating to such services, and such governing documents will control in the event of a conflict with these Terms or any material contained on the Site.
Revisions to Terms
Please refer to these Terms regularly. Southern Linc may at any time and without prior notice revise the Terms by updating this posting. Your continued use of the Site following posting of changes to the Terms signifies that you accept these changes.
Copyright
All content included on the Site is the property of Southern Linc or its affiliates and is protected by copyright law. You may not produce, publish, transmit, distribute, display, modify, create derivative works from, or exploit in any way, in whole or in part, any of the contents of the Site or any related software without the prior written consent of Southern Linc.
Trademarks
The name "Southern Linc" and the graphics and logos displayed on the Site are the property of or have been licensed by Southern Linc and may not be used without the prior written permission of Southern Linc. Southern Linc does not permit the use of its name, graphics or logos in advertising, as an endorsement for any product or service, or for any other commercial purpose without Southern Linc' prior written approval.
DISCLAIMER
THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION AND SERVICES MADE AVAILABLE ON THE SITE, IS PROVIDED "AS IS." Southern Linc AND ITS AFFILIATES, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENTS OR SERVICES OF THE SITE, OR HYPERTEXT LINKS TO OTHER OUTSIDE WEB SITES. Southern Linc AND ITS AFFILIATES, EMPLOYEES AND AGENTS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, Southern Linc DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND MATERIAL ACCESSIBLE FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SITE INCLUDES INFORMATION THAT IS SUBJECT TO CHANGE WITHOUT NOTICE. WHILE Southern Linc DESIRES THAT THE INFORMATION ON THE SITE BE UP-TO-DATE AND ACCURATE, IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF SUCH INFORMATION. Southern Linc DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE INFORMATION ON THE SITE OR THE ACCURACY OR RELIABILITY OF SUCH INFORMATION.
Forward-Looking Statements
Certain matters discussed on the Site may be forward-looking statements within the meaning of the federal securities laws and are subject to uncertainties and risks. These uncertainties and risks include, but are not limited to, general and local economic conditions, local wireless service conditions, the activity of others developing competitive projects, the cyclical nature of the wireless service industry, the financial condition of existing customers, interest rates, the ability of Southern Linc to obtain favorable financing, environmental matters, the effects of terrorism, the failure of assets under contract for sale to ultimately close and other risks detailed from time to time by Southern Linc in its filings with the Securities and Exchange Commission. The words "believes," "expects," "estimates" and similar expressions are intended to identify forward-looking statements. Although Southern Linc believes that its plans, intentions and expectations reflected in such forward-looking statements are reasonable, future events and actual results, financial and otherwise, may differ materially from those indicated in any forward-looking statement. Such forward-looking statements are based on current expectations and speak only as of the date of such statements. Southern Linc expressly disclaims any obligation to update or revise any forward-looking statement, whether as a result of future events, new information or otherwise.
Links
Southern Linc may, from time to time, provide links to external web sites. Southern Linc is not responsible for such linked web sites or the content of any of the linked web sites. Southern Linc provides these links as an additional resource for its Site users and makes no representations regarding the content of any linked web site or any companies that own, control or manage the linked web sites. Consequently, Southern Linc cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in, programs used by, or services or products offered by, web sites linked to from the Site.
Feedback
Any comments or materials sent to Southern Linc regarding any content or information found on the Site, including, without limitation, feedback data, questions, comments or suggestions (collectively "Feedback"), will not be treated as confidential and will become the property of Southern Linc. Southern Linc has no obligation of any kind with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback.
Security of Southern Linc' Web Site
Please be advised that the security of the Internet cannot be guaranteed and therefore your privacy thereon cannot be assured. Southern Linc is not responsible for any unauthorized access to communications that you submit over the Internet.
Privacy
Southern Linc takes steps to preserve the privacy of personal information you submit over our Site. Please review the Southern Linc General Privacy Policy for more information about how Southern Linc handles personal information.
LIMITATION OF LIABILITY
Southern Linc WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR PERFORMANCE OF, OR THE INABILITY TO USE, THE SITE OR INFORMATION OR FUNCTIONS ON SUCH SITE, EVEN IF Southern Linc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Southern Linc' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
Indemnification
You hereby agree to defend, indemnify and hold harmless Southern Linc and its affiliates, directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the Site.
General
These Terms and all information on the Site are governed by and will be construed in accordance with the laws of the State of Georgia and of the United States of America, without regard to its conflict of law provisions. The venue for any matter relating to or arising from this site will be in a state or federal court of competent jurisdiction in the State of Georgia. To the extent any portion of these Terms is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms, as modified, will remain in full force and effect. This is the entire agreement between you and Southern Linc relating to the subject matter herein and will not be modified except in writing signed by both parties.
NOTICE TO NEW AND EXISTING SUBSCRIBERS REGARDING TRANSMISSION OF WIRELESS EMERGENCY ALERTS
Southern Linc presently does not transmit wireless emergency alerts. Notice Required by FCC Rule 47 C.F.R. § 10.240 (Commercial Mobile Alert Service).
Consumer Signal Boosters
To ensure Consumer Signal Boosters (CSBs) are not interfering with wireless coverage, the FCC has mandated that CSBs must be registered with your wireless operator. Thus, you must register your CSB with Southern Linc; otherwise, you may not operate it on our network. If you have a CSB operating on the Southern Linc network, please call 800-818-LINC to register your CSB. You will need the following information: account name and email address, the make, model and serial number of the Consumer Signal Booster, the location of the unit, and the original date of service. Once the CSB is registered with SLW, you will have our authorization to operate the CSB on our network. Please note that, if at any time your CSB causes interference, you should cease operation to avoid potential FCC enforcement action. Please visit http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-319195A1.pdf.
NOTICE TO CUSTOMERS USING SIERRA WIRELESS PRODUCTS
Sierra Wireless products are not designed, authorized or warranted to be suitable for use in life or safety critical systems, hazardous environments, or any other environments requiring fail-safe performance, including, without limitation in the operation of nuclear facilities, aircraft navigation, air traffic control systems, life-saving or life-sustaining systems; or in any other application, where a failure or malfunction of the product may result in personal injury, death or severe damage to property or the environment (“Safety Critical Systems”). Use of such products in Safety Critical Systems may void any warranty on the products.