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South Downtown Atlanta Business Internet Terms of Service

Welcome to South Downtown Atlanta’s community network platform. These Terms & Conditions ("Agreement") govern your use of the high-speed fiber-optic internet, VoIP business phone packages, and related managed services (collectively, the "Services") provided by South Downtown Atlanta ("Company," "we," "us," or "our") to your business entity ("Customer," "you," or "your").

By activating, using, or paying for the Services, you agree to be bound by this Agreement.

1. Service Structure & Month-to-Month Terms

• No Long-Term Commitments: Services are provided strictly on a month-to-month basis. There are no annual commitments or long-term internet contracts required.
• Cancellation Policy: You may cancel your Service at any time. To avoid being billed for the subsequent month, you must submit a written cancellation request at least five (5) business days prior to your next scheduled rent and billing cycle.
• No Prorated Refunds: If you cancel your Service mid-cycle, you will continue to have access to the Service until the end of your current paid billing period. We do not provide prorated refunds or credits for partial months of use.

2. Pricing, Billing & Rent Integration

• Unified Billing: For your convenience, all monthly charges for the Services will be included as a dedicated line item on your monthly commercial rent invoice provided by South Downtown Atlanta or its property management entity.
• All-Inclusive Pricing: The monthly price quoted for your Service tier is fully inclusive of all applicable local, state, and federal taxes, regulatory fees, and surcharges. There are no hidden fees.
• Price Changes: We reserve the right to change the monthly rates for our Services at any time. We will provide you with at least sixty (60) days' advance written notice prior to any price increase taking effect on your invoice.

3. Equipment & Installation

• Company Equipment: Any optical network terminals (ONTs), routers, switches, or VoIP desk phones provided by us remain the exclusive property of the Company unless explicitly purchased by you.
• Return of Equipment: Upon termination of Service or your commercial lease, you must leave or return all Company-owned hardware in good working condition within fourteen (14) calendar days. Failure to do so will result in an automatic equipment replacement charge billed to your account.
• Customer-Owned Equipment: If you utilize the "Bring Your Own Phone" (BYOP) package or your own routing hardware, you are solely responsible for its configuration, maintenance, and compatibility. We provide no technical support or hardware warranties for customer-owned equipment.

4. Absolute Limitation of Liability & Service Outages

• "As-Is" Service: The Services are provided on an "as-is" and "as-available" basis. We make no warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, or that the Service will be uninterrupted, secure, or error-free.
• No Liability for Damages: Under no circumstances whatsoever shall the Company, its partners (including Georgia Power, Southern Telecom, and Seimitsu), affiliates, officers, or employees be liable for any direct, indirect, incidental, special, punitive, or consequential damages arising out of the use of or inability to use the Service. This includes, without limitation, loss of business revenue, lost profits, lost data, business interruption, or any alternative procurement costs.
• Force Majeure: We are not liable for any failure or delay in performance due to acts of God, fire, flood, labor disputes, utility outages, civil disruption, vandalism, or any causes beyond our reasonable control.

5. Acceptable Use Policy (AUP)

• No Reselling: You are granted a localized license to use the network for your internal business operations within your leased premises. You are strictly prohibited from reselling, sharing, or redistributing the Service to other suites, tenants, properties, or third parties without express written consent from the Company.
• Prohibited Activities: You agree not to use the Service for any unlawful activities, including but not limited to copyright infringement, network attacks (DDoS), or transmitting unsolicited bulk commercial messages (spam). Violation of this section will result in immediate termination of your service without notice.

6. 911 & E911 VoIP Service Disclosures and Limitations

• Service Dependency: You acknowledge and understand that the VoIP business phone Service relies entirely on an active broadband internet connection and electrical power.
• Emergency Service Limitations: IF YOUR ELECTRICAL POWER IS INTERRUPTED, OR IF YOUR INTERNET CONNECTION GOES DOWN, YOUR VOIP PHONE SERVICE—INCLUDING THE ABILITY TO DIAL 911 OR ACCESS E911 EMERGENCY SERVICES—WILL NOT FUNCTION.
• Location Registration: It is your responsibility to ensure the physical address registered with your VoIP profile is accurate at all times. If you move the VoIP phone to a different physical address or suite without updating your location information with us, emergency responders may be dispatched to the wrong location.
• Liability Waiver for 911: By using the VoIP Service, you expressly release the Company from any liability or claims related to the failure, delay, or inability to access emergency services via 911 or E911 dialing.

7. Governing Law & Dispute Resolution

• Jurisdiction: This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Georgia, without regard to its conflict of laws principles.
• Venue: Any legal action, suit, or proceeding arising out of or relating to this Agreement must be instituted exclusively in the state or federal courts located in Fulton County, Atlanta, Georgia.