THIS SUBSCRIBER AGREEMENT (THE "AGREEMENT") SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH YOU ("YOU" OR "CUSTOMER") MAY USE THE SERVICE PROVIDED BY SOUTHERN BROADBAND, LLC "SOUTHERN BROADBAND". PLEASE READ THIS AGREEMENT CAREFULLY AND COMPLETELY AS IT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF THE SERVICE.
Southern Broadband provides service to Customer conditioned upon Customer’s acceptance, in its entirety, of the terms and conditions contained herein. Southern Broadband may, at its sole discretion, change, modify, add and/or remove portions of the Agreement, and the service provided hereunder, at any time. Southern Broadband will notify Customer of any such changes by posting the modified Agreement on the Southern Broadband web site: www.SouthernBroadband.com, or sending notice via email, U.S. mail, or by other means to Customer. Customer's continued use of the service following notice of such change shall be deemed to be Customer's acceptance of any such modification. If Customer does not agree to any such modification, Customer must immediately stop using the service and notify Southern Broadband that Customer is terminating the Agreement in accordance with the notice provisions contained herein.
Customer understands and agrees that the service requires that certain equipment be provided by Customer such as a personal computer with an Ethernet jack and an appropriate operating system (the "Customer Equipment"), as well as certain equipment that will be provided by Southern Broadband or its designee (such as an antenna). Customer represents that it owns the Customer Equipment or otherwise has the right to use same in connection with the service. It is the responsibility of Customer to provide and maintain all equipment that is not provided by Southern Broadband. It is Customer’s responsibility to ensure that all Customer Equipment is functioning properly and to troubleshoot and resolve any and all problems with such equipment if it is not functioning properly. Southern Broadband provides certain equipment as part of its monthly subscription. It is the responsibility of Southern Broadband to ensure that Southern Broadband's equipment is working properly.
These terms and conditions, taken together with the Southern Broadband Service Agreement Cover Sheet if any, (“Cover Sheet”) and the exhibits attached hereto, if any, (“Exhibits”) shall constitute the agreement between Southern Broadband and Customer (“Agreement”). As consideration for the subscription, Customer agrees to pay the applicable subscription fees set forth on our web site at the time of your selection, or, if applicable, upon receipt of your invoice from Southern Broadband. All fees are due immediately and are non-refundable, except as otherwise expressly noted in section VII: Termination and Expiration. Unless otherwise specified on our web site, each Southern Broadband service plan is for a one-year initial term. After the initial term, unless Customer renews the one year subscription, residential service will be supplied on a month to month automatically renewing basis. Business services will renew for a like term unless service is terminated by written notice to Southern Broadband prior to 30 days before the end of the current term. Any renewal of your services is subject to the then current terms and conditions. Customer acknowledges that at the time of renewal the subscription fee may be higher or lower than the price paid for the initial term of service. Notwithstanding any other part of this agreement, Customer will be required to pay for service for each month of the current term.
Customer agrees that (i) Customer will not be entitled to support relating to any issues other than the quality of the signal delivered to Southern Broadband's antenna and eventually Customer's wall jack, and (ii) the following limitations of liability shall apply: Southern Broadband DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR FAILURE OF CUSTOMER EQUIPMENT, OR FOR CUSTOMER'S INABILITY TO ACCESS OR USE THE SERVICE. The foregoing limitation of liability is in addition to and shall not limit any other limitation of liability set forth in the remainder of the Agreement.
Customer authorizes Southern Broadband and its employees, agents, contractors, and representatives to enter Customer's premises (the "Premises") in order to install, maintain, inspect, repair, and if necessary remove the Southern Broadband's equipment. All such services will be conducted at a time agreed upon by Southern Broadband and Customer. If Customer is not the owner of the Premises, upon request, Customer will supply Southern Broadband with the owner's name and address, evidence that Customer is authorized to grant access to the Premises on the owner's behalf, and (if needed) written consent from the owner of the Premises to install the necessary Southern Broadband equipment. Southern Broadband assumes no responsibility for any damage, personal or property, to the Premises or the Customer Equipment as a result of the installation or removal of the Southern Broadband's equipment. In the event Customer elects to remove or move any Southern Broadband equipment, Customer assumes all responsibility for any damage, personal or property, caused by such action.
Customer shall not relocate or tamper with Southern Broadband's equipment, as this may affect Customer’s ability to receive service. If Customer decides to move locations, Customer shall contact Southern Broadband for additional information regarding the procedures for transferring Southern Broadband's equipment and service to Customer's new location. If the service is not available to Customer at Customer's new location, then the Agreement shall terminate and Customer shall comply with the termination provisions of the Agreement. If the service is available at the new location, upon request by Customer and approval by Southern Broadband, Southern Broadband may relocate Southern Broadband's equipment to Customer's new location at a time agreed upon by Southern Broadband and Customer. Customer acknowledges that Customer will be billed for the removal and reinstallation of the Southern Broadband equipment at Southern Broadband's then current hourly rates plus materials. In all cases, Customer shall notify Southern Broadband as provided herein.
Customer shall be solely responsible for the cost of replacement or repair of any lost, stolen, damaged, sold, transferred, leased, encumbered, or assigned Southern Broadband equipment or part thereof, together with any incidental costs incurred by Southern Broadband relating to the replacement, repair, or installation of Southern Broadband's equipment.
The installation, use, inspection, maintenance, repair, and/or removal of Southern Broadband's equipment may result in service outage or potential damage to Customer's computer and other Customer Equipment. If Customer does not back up all existing computer files by copying them to another storage medium prior to such activities, Customer understands and accepts the associated risks of such a decision. IN ANY EVENT, EXCEPT AS OTHERWISE SET FORTH HEREIN, SOUTHERN BROADBAND SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF THE CUSTOMER'S COMPUTER, PERIPHERALS, SOFTWARE, OR DATA.
Southern Broadband has no liability whatsoever for any damage, loss, or destruction of Customer Equipment, including loss or destruction of any software, files, or data. This includes harm resultant from any computer upgrades. Customer must perform for service eligibility, including the installation of an Ethernet Network Interface Card.
Southern Broadband or its agents will install the Southern Broadband's equipment. The Customer will be billed separately for installation according to the selected billing plan.
Customer agrees to pay the monthly service fees, plus applicable taxes, as set forth in the current price list effective at the time of installation (the "Price List"), as modified from time to time in accordance with the terms of the Agreement. The initial service fee, together with applicable taxes, will be charged to Customer at the time of installation. Thereafter, the service fee together with applicable taxes will be billed to Customer. The service fee together with applicable taxes will be billed at the beginning of the applicable service period, on the day of the month that the Customer installation was completed (the “Anniversary Date”). Southern Broadband reserves the right to change prices and institute new fees at any time upon notice to Customer by posting new prices on the Southern Broadband Web site or by sending notice via email or U.S. mail.
The installation charge, any additional installation equipment required, plus applicable taxes, is as set forth in the Price List. At Southern Broadband's option, the installation charge, together with any additional equipment required and applicable franchise fees and taxes, will be charged to Customer at the time of installation, or (ii) in accordance with Southern Broadband's then-current billing policies.
For the term agreed upon by Customer and Southern Broadband, Customer agrees to pay all Southern Broadband equipment fees, installation charges, maintenance fees and service fees, including applicable taxes. Customer hereby authorizes Southern Broadband to charge Customer's debit or credit card, invoice customer, or use other billing option in accordance with Southern Broadband’s then-current billing policies, for all such fees, charges and taxes. Customer agrees to pay for Southern Broadband service through the end of the term or in accordance with Southern Broadband’s then-current billing policies. Further, Customer hereby authorizes Southern Broadband to charge Customer's debit or credit card for all fees related to termination, including pay out of the fees owed to Southern Broadband for the remainder of the selected term of the Agreement, equipment charges and any and all other fees related to termination to which the Customer is subject pursuant to the terms of the Agreement.
Administrative charges may be assessed and/or the service may be disconnected. If the service is disconnected, Customer may be required to pay a reconnect fee in addition to all past due charges before the service is reconnected. The administrative charge is intended to be a reasonable advance estimate of Southern Broadband's costs resulting from Customer’s late payments and non-payments. In the event of a disconnection of Customer's service hereunder, Customer will remain liable for all service fees and other fees due through the end of the term agreed upon by Customer and Southern Broadband.
The service provided by Southern Broadband will allow Customer to access the Internet, online services, and other information, and provide Customer access to e-mail. Customer acknowledges that Customer may incur charges while using the service in addition to those billed by Southern Broadband. For example, charges may be incurred as a result of accessing certain online services or purchasing or subscribing to certain other offerings. Customer agrees that all such charges, including all applicable taxes, are the sole responsibility of Customer.
Subject to applicable law, Customer must notify Southern Broadband of any billing errors or other requests for credit within 60 days of the related billing. Southern Broadband will not be responsible for disputes in billing not brought within this time.
To the extent possible, Southern Broadband shall notify Customer as soon as it is practical in the event that Southern Broadband is required to interrupt, either partially or fully, the services being provided to Customer. Such interruptions shall not be deemed a default hereunder.
Except as expressly set forth in or contemplated by the Agreement, in the case of refund for lost services, credit will be issued only for periods of lost service greater than twenty four (24) continuous hours. In the event of lost services greater than 24 continuous hours, not including lost service due to the failure of Customer Equipment, unauthorized Customer relocation of Southern Broadband's equipment, through any other fault of Customer, or due to the failure of any upstream network outage, Southern Broadband will prorate the refund for the lost service time in respect to the Customer’s monthly service fees. No refund will be given for any lost time under 24 continuous hours. Customer is not eligible for any refunds if Customer is in violation of any of the terms of the Agreement.
Southern Broadband will use commercially reasonable efforts to (at Southern Broadband's sole option), repair or replace any Southern Broadband equipment damaged due to normal wear. If determined by Southern Broadband, that (i) a repair was not related to Southern Broadband's equipment, or (ii) Southern Broadband's equipment was not damaged by normal wear, then the Customer will be billed at Southern Broadband's then-current hourly rates plus materials. Southern Broadband will not be responsible for the repair or replacement of any Customer Equipment or any interruption of service due to failure of Customer Equipment.
Southern Broadband will not be held responsible for the external Internet connections provided from third parties.
In the event the Customer moves or relocates to a location where Southern Broadband service is not available, Customer is responsible to fulfill the terms of the Agreement as set forth in section VIII: Termination and Expiration.
Customer shall not use Southern Broadband's equipment or the service to, directly or indirectly: (a) participate in any unlawful purposes. Use of Southern Broadband's equipment or service for transmission or storage of any information, data, or material in violation of any U.S. federal, state, or local regulation or law is prohibited. This includes, but is not limited to, posting or disseminating content which is obscene, unlawful, threatening, defamatory, or which infringes the intellectual property of any person; (b) post, transmit, or disseminate objectionable information, including, without limitations, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, federal, or international law, order, or regulation; (c) access any other person's computer or software without the knowledge and consent of such person; (d) upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way, information, software, or other material obtained through the service which is protected by copyright or other proprietary right, without obtaining permission of the owner; (e) alter, modify, or tamper with the Southern Broadband service or permit any other person to do the same that is not authorized by Southern Broadband; (f) restrict, inhibit, or otherwise interfere with the ability of any other person to use or enjoy Southern Broadband's equipment or the service, including, without limitation, posting or transmitting any information or software which contains a virus or other harmful feature; or generating levels of traffic sufficient to impede others' ability to send or retrieve information; (g) inhibit or have the potential to inhibit the ability of any other person to use the service by serving or attempting to serve faulty IP addresses to other Southern Broadband customers. Southern Broadband may deny service to Customer until the problem is resolved; (h) knowingly disrupt the service; (i) resell the service or otherwise charge others to use the service. The service is for personal use only and Customer agrees not to use the service for operation as an Internet service provider or for any other business enterprise in competition with the service; (j) attempt to login, access, or attack any of Southern Broadband’s equipment or network, including radio and network equipment; (k) assist (release proprietary software and information) unauthorized users to gain access to Southern Broadband’s network; or (l) open, tamper with or attempt to repair Southern Broadband's equipment; Southern Broadband reserves the right to restrict or block certain activities or immediately terminate the Agreement and the service (i) if Customer engages in any of the activities listed above, (ii) if Southern Broadband receives an appropriate notice or request under the Digital Millennium Copyright Act, (iii) if necessary to comply with any law, regulation, rule or judicial or regulatory order, or (iv) if Customer uses Southern Broadband's equipment or services in a way which is contrary to any other Southern Broadband policy.
Copies of policies are available on the Southern Broadband web site. This section shall not in any way limit Southern Broadband's rights of termination pursuant to the Agreement. Customer assumes the risk and agrees to indemnify and hold harmless Southern Broadband against all claims and expenses (including reasonable attorney fees) resulting from Customer engaging in any of the activities listed above. This provision will survive termination of the Agreement.
Unless produced by Southern Broadband, the information Customer accesses or receives by using the service or information sent to Customer by other users is provided, entered, or posted by the users and is not reviewed, controlled, examined, verified, or endorsed by Southern Broadband The data and information Customer sends and receives may be subject to privacy- and security-invading activities including, but not limited to, eavesdropping, electronic trespassing, "sniffing," "spamming," "nuking," "hacking," "spoofing," imposture, breaking passwords, harassment, fraud, forgery, and system contamination including use of viruses, "worms," and "Trojan" applications causing unauthorized, damaging, harmful access and/or retrieval of information and data on Customer's computer and other forms of activities that may even be considered unlawful. Information and data may also not reach its destination or may reach an erroneous address or recipient.
CUSTOMER IS ADVISED NOT TO USE OR RELY ON THE SERVICE AND INFORMATION RELATED THERETO FOR "CONTENT SENSITIVE" OR "MISSION CRITICAL" APPLICATIONS AND USE. "CONTENT SENSITIVE" MEANS ANY INFORMATION OR DATA CUSTOMER DOES NOT WISH TO BE FREELY ACCESSIBLE AND GENERALLY AVAILABLE TO INTERNET USERS. “MISSION CRITICAL” APPLICATIONS AND USE ARE THOSE WHERE CONTINUOUS OPERATION IS CRITICAL TO AN INDIVIDUAL OR COMPANY AND WHERE HARM OR DAMAGE MAY BE CAUSED IF ANY DOWNTIME WOULD HAVE AN ADVERSE EFFECT ON THAT INDIVIDUAL OR COMPANY.
Southern Broadband's facilities are used by numerous service subscribers. As a result, there is a risk that Customer could be subject to "eavesdropping." This means that other service subscribers may be able to access and monitor Customer's use of the service. This risk of eavesdropping exists not only with Southern Broadband's facilities, but also on the Internet and other services to which access is provided as part of the service. Because of this risk, any sensitive or confidential information sent by Customer is sent at the Customer's sole risk, and Southern Broadband shall have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise relating to such actions by Customer.
Customer should be aware that when using the service to access the Internet or any other online network or service, there are certain applications, such as FTP (File Transfer Protocol) server or HTTP (Hyper Text Transfer Protocol) server, which may be used to allow other service users and Internet users to gain access to Customer's computer. If Customer chooses to run such applications, Customer should take the appropriate security measures. Southern Broadband shall not have any liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from, arising out of, or otherwise relating to the use of such applications by Customer, including without limitation, damages resulting from others accessing Customer's computer.
As such, users outside the Customer's home may be able to access the Customer's computer. It is important that the Customer take appropriate steps to protect their information on the computer from being accessed by others. To this end, we encourage Customers to acquire a firewall, utilize virus protection, and implement other security measures the Customer deems necessary to protect the integrity of the data on Customer’s computer. In addition, some software includes capabilities that permit other users across a network, such as the service and the Internet, to gain access to the Customer's computer and to the software, files, and data stored on the computer. Operating systems can include file sharing and print sharing capabilities which, when enabled, will permit other users to gain access to the Customer's computer even if the Customer is not using the service. Notwithstanding the foregoing recommendations, Customer hereby acknowledges and agrees that the Customer's use of the service is at the Customer's own risk, and Southern Broadband shall not have any liability whatsoever for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise relating to such use by the Customer.
Southern Broadband grants to you permission to use Southern Broadband's equipment (antenna, radio modem, Category-5 cable, and/or wall jack), but does not grant permission to: (a) attempt to login/reconfigure/attack Southern Broadband's equipment (b) open Southern Broadband equipment (c) remove any proprietary notices or labels on Southern Broadband's equipment (d) modify, translate, reverse-engineer, de-compile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Southern Broadband equipment (e) rent, sell or otherwise transfer the Southern Broadband equipment (except to the extent assignable pursuant to the terms of the Agreement).
In consideration of Customer's use of the service, Customer agrees to: (a) provide true, accurate, current, and complete information as prompted by the service's registration or member sign-up form (such information being the "Registration Information"); (b) maintain and promptly update the Registration Information to keep it true, accurate, and complete; (c) refrain from using the service for any purpose that is unlawful or prohibited by the Agreement. If Customer provides any information that is untrue, inaccurate, not current, or incomplete, or if Southern Broadband has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Southern Broadband has the right to suspend or terminate Customer's account and refuse any and all current or future use of the service (or any portion thereof); and
The service is available only to individuals and entities that can form legally binding contracts under applicable law and their permitted agents and assigns (i.e., family members, friends, etc.). (a) Customer is responsible for the use of the service by anyone other than Customer at all times without exception. Southern Broadband or any of its parents, subsidiaries, affiliates, agents, or assigns, may refuse the use of, and participation in, the service to anyone at any time, in its sole discretion. (b) Receiving files from third parties, via any application (i.e., email) may be harmful. Before receiving any files from any user, and even if the account from which the file transfer notice is sent looks familiar to Customer, it is strongly recommended that Customer verifies that the person sending Customer these files is indeed the person Customer thinks he or she is, for example by asking for some kind of information known only to the Customer and such other person. Please make sure not to receive files from users Customer does not trust, from users Customer is not sure they are whom they say they are, or whenever Customer is not sure Customer wants to receive the files. (c) If Southern Broadband identifies that a certain IP address/block is the source of illegal network activity, such as hacking, DDOS-Distributed Denial of service attacks, and SYN flood, Southern Broadband may block Internet access to/from that IP address/block without any advance notice. (d) If Southern Broadband identifies that a certain email domain is “spamming” or using “email relay,” Southern Broadband will block any email coming from that email domain without any advance notice.
EXCEPT AS OTHERWISE SET FORTH, SOUTHERN BROADBAND'S EQUIPMENT, SERVICE, AND SOFTWARE ARE PROVIDED BY SOUTHERN BROADBAND "AS IS" WITHOUT WARRANTY OF ANY KIND. SOUTHERN BROADBAND DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF SOUTHERN BROADBAND 'S EQUIPMENT OR SERVICE. CUSTOMER'S SOLE REMEDY FOR SERVICE INTERRUPTION SHALL BE LIMITED TO A PRO RATA REFUND FOR INTERRUPTIONS GREATER THAN 24 CONTINUOUS HOURS. SOUTHERN BROADBAND DOES NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO CUSTOMER WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY ARE HEREBY EXCLUDED.
CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT: a. SOUTHERN BROADBAND MAKES NO WARRANTY THAT (i) THE SERVICE OR SOUTHERN BROADBAND'S EQUIPMENT WILL MEET CUSTOMER'S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) DELETION, MISDELIVERY, OR FAILURE TO STORE OR EFFECTUATE ANY USER COMMUNICATIONS, ORDERS, LISTINGS, OR CUSTOMIZATION SETTINGS WILL NOT OCCUR AS A RESULT OF CUSTOMER'S USE OF THE SERVICE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (v) ANY ERRORS IN SOUTHERN BROADBAND'S EQUIPMENT, INCLUDING HARDWARE OR SOFTWARE, WILL BE CORRECTED. b. THE SERVICE MAY CONTAIN DEFECTS AND, ACCORDINGLY, CUSTOMER IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION, AND TO NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SERVICE. c. ANY MATERIAL, PRODUCTS, OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM SOUTHERN BROADBAND OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
SOUTHERN BROADBAND OR ANY OTHER PERSON INVOLVED IN CREATING, INSTALLING, DELIVERING, TESTING, OR USING THE SERVICE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, SERVICE OUTAGE, OR FOR COST PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, PROFITS, BUSINESS USE, DATA, OR OTHER INTANGIBLE INFORMATION, EVEN IF SOUTHERN BROADBAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY FOR SOUTHERN BROADBAND TO CUSTOMER FOR ALL CLAIMS ARISING FROM THE USE OF THE SERVICE IS LIMITED TO $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.
Customer acknowledges that Southern Broadband may establish general practices and limits concerning use of the service, including without limitation (i) the maximum number of days that email messages, message board postings, or other uploaded Content will be retained by the service, (ii) the maximum number of email messages that may be sent from or received by an account on the service, (iii) the maximum size of any email message that may be sent from or received by an account on the service, (iv) the maximum disk space that will be allotted on Southern Broadband's servers on Customer's behalf. Customer agrees that Southern Broadband has no responsibility or liability for the failure of the service and the deletion of other Content maintained or transmitted by the service. Southern Broadband reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice.
Customer agrees that Southern Broadband shall not be liable to Customer or to any third party for any modification, suspension, or discontinuance of the service. Customer further acknowledges that Southern Broadband reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Customer agrees to indemnify and hold Southern Broadband, its directors, officers, employees, agents, attorneys, co-branders or other partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Content Customer submits, posts to or otherwise transmits through the service, Customer's use of the service and Southern Broadband's equipment, Customer's connection to the service, Customer's violation of the Agreement, or Customer's infringement of any intellectual property or other right of any other person or entity.
Because user authentication on the Internet is difficult, Southern Broadband cannot and does not confirm that each user is who they claim to be. Because Southern Broadband does not and cannot be involved in user-to-user dealings or control the behavior of participants on Southern Broadband's service, in the event that Customer has a dispute with one or more users, Southern Broadband has no ability to prevent or restrict conduct, communications, or Content which might violate the Agreement prior to its transmission on or through the service, nor can Southern Broadband ensure prompt removal of any such communications or Content after transmission or posting. Accordingly, Southern Broadband does not assume responsibility to Customer or others for any failure by Southern Broadband to enforce the provisions contained in the Agreement.
Customer shall have no right to assign or transfer this Agreement or the associated Customer Equipment without the express prior written consent of Southern Broadband.
The Agreement is between Customer and Southern Broadband and (a) This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflicts of law provisions. (b) International Use. Recognizing the global nature of the Internet, Customer agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, Customer agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which Customer resides. (c) All suits arising out of the Agreement shall be brought in Galveston County, Texas.
Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or use of the service must be filed within one year after such claim or cause of action arose or be forever barred.
The section headings and sub-headings contained in this Agreement are for convenience only and have no legal or contractual effect.
Nothing in this Agreement will create any joint venture, joint employer, franchisee- franchiser, employer-employee, or principal-agent relationship with Southern Broadband, nor impose upon either company any obligations for any losses, debts, or other obligations incurred by the other except as expressly set forth herein.
Customers receive a user name, password, and account designation upon registration. Southern Broadband Customers and members of Southern Broadband Customers’ household or business (if a business account has been purchased) are the only authorized users of Customer’s Southern Broadband account and must comply with the Agreement. Customer must keep his/her password confidential so that no one else may access the service through the account. Customer must notify Southern Broadband within 24 hours of discovering any unauthorized use of Customer’s account. E-mail accounts exceeding Customer’s allotted web space in size may block new incoming messages. User names, passwords, and e-mail addresses are Southern Broadband's property and Southern Broadband may alter or replace them at any time.
The Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of the Agreement and supersedes and replaces any and all prior written or verbal agreements. In the event that any portion of the Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Southern Broadband's failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provisions of the Agreement.
Customer may only terminate the Agreement by written notice to Southern Broadband. The obligation of Customer to pay for the remaining service term shall survive such termination. All related charges and fees may be billed to Customer or charged to Customer's credit card. Customer agrees and acknowledges that the payment obligations set forth herein apply to Customer's termination of the Agreement for any reason whatsoever.
Customer agrees that upon termination of the Agreement, Southern Broadband equipment must be returned in good working condition or will be subject to a $150 non-returned equipment fee. Customer will permit Southern Broadband, and its employees, agents, contractors, and representatives, to access Customer's premises to remove Southern Broadband's equipment, or Customer may remove equipment and return it to Southern Broadband in good working condition within 5 days of the effective date of termination or Customer will be subject to a $150 non-returned equipment fee.
Southern Broadband may terminate the Agreement immediately should Customer violate any of the terms of the Agreement. Southern Broadband may also terminate the service for any other reason at any time by providing Customer with written notice of such termination no later than 30 days prior to the date of termination. In the event Southern Broadband terminates the service for any reason other than Customer's violation of the Agreement, fees and charges will accrue through the date of termination but all prepaid fees and charges that have been paid in advance for any full month of canceled services will be refunded.
Nothing contained in the Agreement shall be construed to limit Southern Broadband's rights and remedies available at law or in equity. Subject to applicable law, Southern Broadband reserves the right to delete all data, files, electronic messages, or other information that is stored on Southern Broadband's servers or systems when Customer's account with Southern Broadband is terminated for any reason.
Customer acknowledges that Customer is executing the Agreement on behalf of all persons who use Southern Broadband's equipment and/or service through Customer's computer. Customer shall have sole responsibility for ensuring that all such other users understand and comply with the terms and conditions of the Agreement. Customer further acknowledges and agrees that Customer is solely responsible and liable for any and all breaches of the terms and conditions of the Agreement, whether such breach is the result of use of the service and/or Southern Broadband's equipment by Customer or by another user of Customer's computer. Customer agrees to indemnify and hold harmless Southern Broadband against all claims and expenses (including reasonable attorney fees arising out of the use of the service and/or equipment by any other user of Customer's computer).
Notices and Procedure to Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Southern Broadband's Designated Agent.