VOICE, SMS/TEXTING AND EMAIL TERMS OF USE

Your access to, and use of, (a) the telephone communication tools, including pre-recorded alerts, calls and voicemails (collectively, “Voice Communication”), (b) the mobile communication tools and text messaging services (collectively, “SMS/Texting”), and (c) the e-mail communication services (collectively, “E-mail”; and together with Voice Communication and SMS/Texting, “Messaging”) is subject to the following Terms of Use (“Terms of Use”) and all applicable laws and regulations. By replying “Y” (Yes) for texting, clicking “I Agree” for email, or otherwise accessing and using Messaging, you agree to comply with and accept, without limitation or qualification, these Terms of Use. If you do not accept Messaging and the Terms of Use, you are prohibited from using Messaging.

Throughout these Terms of Use, the words “you,” “your,” and “yours” refer to any person or entity using the Messaging, and the words, “we,” “us,” and “ours” refer to Southern Company and one or more of its subsidiary companies.

Terms and Conditions

Your use of Messaging is pursuant to a limited, non-exclusive, revocable license and is subject to these Terms of Use, our privacy policy located at  http://www.southerncompany.com/privacy-statement.html and our General Terms and Conditions of Use located at http://www.southerncompany.com/terms-and-conditions.html (collectively, the “Terms and Conditions”), which may be amended periodically by us without notice to you. You agree that you have read and will comply with the Terms and Conditions. If you do not agree, you may not set up or use Messaging and should withdraw from Messaging. Failure to withdraw after an updated term and condition will be considered as acceptance of the new terms and conditions, as authorized by your initial enrollment in the program. Notwithstanding your selected communications preferences or anything in these Terms of Use to the contrary, we may contact you via Messaging as permitted by applicable law.

Agreement; Effect of Activation

By using or receiving Messaging, you acknowledge that you have read and understand these Terms of Use and the Terms and Conditions, and that you accept and agree to be bound by both. You also acknowledge and agree that you are 18 years of age or older.

Cost of Participation

While Messaging is complimentary and requires no purchase or fee for participation, message and data rates may apply, and may be billed on your mobile phone bill or other internet or data provider bill. Check with your carrier and/or data provider for details. As mobile access, e-mail delivery and text message delivery is subject to your carrier network availability, such access and delivery to the Messaging is not guaranteed.

Alerts (General)

We disclaim any and all liability for any delay or failure to deliver Messaging, including without limitation, a billing or payment related notification, outage related notification or other service alert or notification. We do not warrant or guarantee that Messaging will be received and we disclaim all liability for any lost or misdirected Messaging. Message frequency depends on your account balance, choices, activity and usage information.

Commercial Messages

By electing to participate in Messaging, you are authorizing us to contact you via the avenue elected. Such election shall be considered as affirmative consent to receive the related messages should these messages ever be classified as commercial in nature.

You must maintain at least one method of receiving alerts on your account.  You are encouraged to select at least two methods of Messaging to receive alerts to avoid a single point of communication failure.  If you select SMS/Texting as one of your preferred methods of Messaging, an affirmative response by you to our confirmation text approving SMS/Texting as a method of Messaging is required for SMS/Texting.  You will indicate your approval by responding to the initial E-mail or SMS Text which will be sent at the time of enrollment.  If these Terms of Use are not accepted, or at least one method of Messaging is not maintained, the account will be removed from PrePay.  You can update your contact preferences, including message frequency and timing, anytime at www.georgiapower.com.  Providing your contact information to us constitutes your consent to receive PrePay communications.  If you “opt out” of or “cancel” Messaging, or change your contact information without notifying us, you may become ineligible to participate in PrePay.

NO WARRANTIES

WE DO NOT GUARANTEE THAT THE USE OF MESSAGING WILL MEET YOUR PERFORMANCE REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE. WE WILL NOT HAVE ANY LIABILITY UNDER ANY THEORY OF RECOVERY FOR ANY LOSSES OR DAMAGES DUE TO THE DELAY OR FAILURE TO DELIVER A MESSAGE. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE USE OR RESULTS OF USE IN TERMS OF SECURITY, DATA PRIVACY, DATA LOSS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE WILL NOT CORRECT ANY ERRORS RELATED TO YOUR USE OF MESSAGING. YOU ASSUME ALL RISKS AS TO THE QUALITY AND PERFORMANCE OF MESSAGING, INCLUDING BUT NOT LIMITED TO HEALTH RISKS. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DEATH, PERSONAL INJURY, OR ENVIRONMENTAL DAMAGE YOU CAUSE TO YOURSELF, OR OTHERS, BY YOUR USE OF OR RELIANCE ON MESSAGING.

MESSAGING IS PROVIDED TO YOU "AS IS," AND TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NO STATEMENTS FROM US OR OUR EMPLOYEES, AFFILIATES, DEALERS OR AGENTS MAY INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. IF THIS DISCLAIMER IS INVALID UNDER APPLICABLE LAW, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST INSTALL OR USE MESSAGING.

LIMITATION ON LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, CONTRACTORS, CONSULTANTS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE MESSAGING, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY REGARDING MESSAGING, OR ANY OTHER MATTER RELATING TO MESSAGING.

Termination

You agree to notify us immediately of any changes to your registered mobile phone or device including changes to your carrier service or telephone number. You further agree to cancel enrollment associated with a discontinued phone number immediately. We reserve the right, in our sole discretion, to cancel or suspend any or all of Messaging, in whole or in part, for any or no reason, with or without notice to you.

Applicable Law and Disputes

These Terms of Use and our relationship with you regarding Messaging are governed by the laws of the State of Georgia, without regard to its conflict of laws principles. You and we agree to submit to the exclusive jurisdiction of any State or Federal court located in Fulton County, Georgia, and you and we hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts. YOU WILL NOT BE PERMITTED TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS ACTION WITH RESPECT TO ANY CLAIM THAT IS SUBJECT TO THESE TERMS OF USE AND/OR MESSAGING AND YOU IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE HAD TO PARTICIPATE IN ANY SUCH CLASS. This paragraph, as well as the paragraphs “No Warranties” and “Limitation on Liability”, will survive the termination of these Terms of Use and your use of Messaging.

Other

These Terms and Conditions contain the entire agreement between you and us regarding the use of Messaging, and supersede all prior understandings related to use of Messaging. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of these Terms and Conditions, and the remaining portions shall remain in full force and effect.

Messaging Additional Terms

To the extent you opted into Messaging, you acknowledge that such Messaging may be conducted pursuant to autodialers and/or artificial/prerecorded voices. You acknowledge that all Messaging will be conducted at the number you designated when you registered for Messaging. You may discontinue some or all alerts at any time by modifying your alert subscription or unsubscribing entirely.

Email Alerts Additional Terms

If you provided us with your email address in order to receive alerts, we may use your email address to send you other types of information, including, without limitation, marketing messages. You may unsubscribe directly from such types of e-mail by clicking the “Unsubscribe” link at the bottom of the email or by modifying your alert subscription or unsubscribing entirely.

SMS/Texting Additional Terms

To the extent you opted into SMS/Texting, you acknowledge that SMS/Texting only functions on certain devices and operating systems and may be conducted pursuant to autodialers. You acknowledge that future operating system upgrades to your device may or may not be compatible with SMS/Texting. The expected message frequency may vary for subscribers of our SMS/Texting alerts, which will be affected by factors such as monthly billing activities, usage variations and weather events.

How to Opt Out. You may discontinue SMS/Texting by texting STOP to us at the number you received your SMS/Texting from. An unsubscribe message will be sent to your number confirming cancellation but no more messages will be sent after that one.

Support/Help. For further details on use, text HELP in response to any of our SMS/Texting messages.

 

List of Supported Carriers

Major Carriers include: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Virgin Mobile, Metro PCS, and such other carriers that may be added or removed from this list from time to time.**

Minor Carriers include: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Southern Communications Services, Inc. d/b/a Southern Linc, Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless), Cellcom, CSpire Wireless , and such other carriers that may be added or removed from this list from time to time.**

**Carriers are not responsible for delayed or undelivered messages.