SouthernLINC Wireless Acceptable Use Policy

ACCEPTABLE USE POLICY

This is SouthernLINC Wireless (“we,” “us,” or “our”) policy on the acceptable use of phones, data equipment, or accessories (the “Equipment”) and wireless telecommunications services, data services, roaming services, and software (the “Services”) for use on our Motorola Integrated Digital Enhanced Network (the “System”).

In addition to Customer’s other terms, conditions, or obligations contained in the applicable SouthernLINC Wireless customer agreement (“Customer Agreement”), Customer (“you” or “your”) and your users will comply with the following Acceptable Use Policy (the “Policy”). By accessing or using the System, you agree to the terms of this Policy, as may be modified from time to time. We may, but are not required to, monitor your compliance, or the compliance of other subscribers or third party users, with the terms and conditions of this Policy. This Policy is in addition to and does not affect or modify any other rights we may have under law or contract. If you do not agree to accept and comply with this Policy, then do not access or use our System.  If you have any questions regarding this policy, you may contact us at interactive@southernco.com.

Capitalized terms not defined in this Policy may be found in your Customer Agreement.

I.  SYSTEM COMPLIANCE

            a. System Use. The System may be used only for lawful purposes. Using the System, Services, or Equipment to transmit, distribute, copy, display or store any material of any type or in any format in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by any third party’s copyright, patent, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene or defamatory, or any material that constitutes an illegal threat or violates export control laws. Under the Digital Millennium Copyright Act of 1998, copyright infringement(s) by a user can result in termination or denial of the user’s access to the System or the Services. In addition, you shall comply with all applicable local, state, national and international laws and regulations, including those related to data privacy, international communications, and exportation of technical or personal data. We expressly reserve the right to deny, suspend, or terminate the Services if your use of the Services or your use of an alias or the aliases of additional users on your account, whether explicitly or implicitly, and in our sole discretion: (a) is obscene, indecent, pornographic, sadistic, cruel or racist in nature, or of a sexually explicit or graphic nature; (b) espouses, promotes or incites bigotry, hatred or racism; (c) might be legally actionable for any reason; (d) is objectionable for any reason; or (e) in any manner violates the terms of this Policy or any operating rule, policy, or guideline of any other online service provider or interactive service.

            b. System Security Violations. Violations of system/network security or unauthorized use of the System are prohibited and may result in criminal and civil liability. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF YOU OR YOUR END USER, WILL BE CONSIDERED VIOLATIONS OF THIS POLICY BY YOU OR YOUR END USER. We reserve the right to investigate incidents involving such violations and/or to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Such cooperation may include, but not be limited to, provision of account or user information as well as monitoring of the System. Examples of System security violations include, without limitation, the following: (a) unauthorized access to or use of data, systems or networks, whether or not any intrusion results in corruption or loss of data; (b) unauthorized attempts to gain privileged access to any System element are not permitted; (c) unauthorized monitoring of data or traffic on any network/system without express authorization of the owner of the system/network; (d) interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks; or (e) forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. You are responsible for the security of the Equipment or any device connected to the System. You will, at your expense, take all reasonable physical and information systems security measures necessary to protect the Equipment or any device used in connection with the Services or the System. Any system suspected of attacking other systems, including, without limitation, having fallen victim to viruses or worms, will be taken off the System, without notice, until it has been made secure. You acknowledge and agree that we are not liable, either in contract or in tort, for any loss resulting from any unauthorized access to or alteration of, theft, destruction, corruption, or use of, the System or any device or Equipment used in connection with the Services.

            c. Restrictions on Communications.  Using the System or Equipment to send unsolicited email messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user will not use another site’s email server to relay email without the express permission of the site.  Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as “SPAM”) is explicitly prohibited.  We reserve the right to refuse any email and other connections from outside hosts that send unsolicited, mass or commercial messages, or messages that may be illegal or may contain interfering, disruptive, damaging or destructive software code, including, without limitation, any virus or worm, and to filter, refuse, or discard such messages.

            d. User Cooperation. You agree to cooperate with us and provide requested information in connection with all security and use matters.  You agree to notify us promptly if you suspect unauthorized use of the System or the Services. You remain liable for unauthorized use until you notify us at interactive@southernco.com.

II. USAGE ALLOWANCE LIMITATIONS

            a. Unlimited Voice Services. Unlimited voice services are provided solely for live dialog between two individuals and as otherwise described in this Policy. Unlimited voice services include both attempted use (i.e. incomplete calls) and actual use of voice services. Unlimited voice services also include the use of some user initiated Services within the SouthernLINC Wireless service area, such as voicemail or call forwarding, that are specifically provided by us as part of your service plan. Unlimited voice services may not be used for any other purpose, including, but not limited to, conference calling, monitoring services, data transmissions, transmission of broadcasts, or transmission of recorded material. If we discover that you are using an unlimited voice service in violation of your Customer Agreement and/or this Policy or in any other manner that we deem to be unreasonable or excessive, then we may, at our sole option, terminate your Services or change your service plan to a service plan with no unlimited usage components. In the event that we intend to take any of the above actions, we will provide you with prior notice, and you may choose to terminate your Customer Agreement without incurring any additional fees for termination.

            b. Roaming Services.  Roaming services typically refers to coverage on another carrier’s network that we make available to you based on our agreements with other carriers. If your minutes of use for roaming services during any two consecutive months exceeds a reasonable roaming usage allowance or if a majority of minutes in a given month are used while roaming, we may, at our sole option, terminate your Services, deny your continued use of roaming services, or change your plan to one imposing usage charges for roaming services. Your roaming usage allowance is equal to the lesser of (i) 300 minutes or (ii) 30% of the anytime minutes included in your plan.  In the event that we intend to take any of the above actions, we will provide you with prior notice, and you may choose to terminate your Customer Agreement without incurring any additional fees for termination. Certain Services may not be available or work the same when roaming (including data services, voicemail, call forwarding, etc.).

            c. Data Services. Data services are intended for individual use only and may be used to access the Internet, email, or corporate intranet servers, or to send or receive graphics, games, music, sound, and other materials. In addition to the terms and conditions for using all of our other Services, data services may not be used with server devices or host computer applications, or other systems that drive continuous heavy traffic or data sessions, including, without limitation, (a) web camera posts or broadcasts, continuous JPEG file transfers, automatic data feeds, telemetry applications, including, without limitation, peer-to-peer (P2P) file sharing, automated functions, or any other machine-to-machine applications; (b) substitutes or backups for private lines, dedicated data connections, or frame relay connections; (c) voice over Internet protocol (VoIP); (d) WWAN or other applications or devices which aggregate usage from multiple sources prior to transmission; or (e) any other systems or applications that interfere with or disrupt the System or any other activity that adversely affects the ability of other individual users or systems to use either the System or third parties’ Internet-based resources including, but not limited to, excessive consumption of System or network resources (whether intentional or unintentional) and “denial of service” (DoS) attacks against another network host or individual user. Your data service usage allowance should not exceed 100 MB per line in a month except as otherwise may be mutually agreed to by the parties. We reserve the right with notice to you to restrict your usage of data services or terminate you data services or Services if such usage, in our sole discretion, adversely affects the System or network performance, or is otherwise not in compliance with this Policy.