Acceptable Use Policy

The following policy applies to all users of LITTLE MIAMI GIG’s Internet access service, including LITTLE MIAMI GIG’s web site, www.littlemiamigig.com (the “Service”). For purposes of this Agreement, “you” and “your” refers to the “Subscriber” who subscribes to and receives one of more of the Services and “we,” “us” or “our” refers to LITTLE MIAMI GIG. This acceptable use policy (“Policy”) is intended to assist with LITTLE MIAMI GIG’s goal of providing high quality and reliable service to its subscribers and to protect LITTLE MIAMI GIG and its subscribers from potentially harmful conduct.

This policy should be read in conjunction with our Subscriber Agreement and other LITTLE MIAMI GIG Policies and Practices, as posted on our website at www.littlemiamigig.com/legal-notices/. Violation of this Policy could result in suspension or termination of access to the Service or your account, as described below.

By subscribing to or using our Service, you, and any person who uses the Service through your subscriber account or connection, agree that your usage will be governed by this Policy in effect and modified by LITTLE MIAMI GIG from time to time. You are responsible for the improper use of the Service by anyone using it through your account, even if done without your knowledge or consent. The most updated version of the Policy will be posted at www.littlemiamigig.com/acceptable-use-policy

IF YOU DO NOT AGREE TO BE BOUND BY ANY OF THE TERMS IN THIS POLICY, YOU SHOULD DISCONTINUE USE OF THE SERVICE IMMEDIATELY.

The Service is designed for personal, non-commercial related use of the Internet and LITTLE MIAMI GIG reserves the right to discontinue your use of the Service if it is used for commercial purposes. You may not resell the Service or otherwise make the Service available for use by persons outside of your residence (for example, through an open wireless home network). You further agree not to use the Service for operation of a business enterprise. For commercial Internet access service, please contact LITTLE MIAMI GIG about our business class services.

You agree that you must comply with all applicable federal, state, local and international laws, regulations and other governmental requirements in your use of the Service. You agree that you will not use, nor allow others to use the Service to do any of the prohibited activities discussed in this Policy. This includes using the Service directly or indirectly to:

• Violate any applicable law, regulations or other requirements;
• Develop, plan, commit, help or assist others to develop, plan, or commit a crime or fraudulent activity;
• Violate or infringe the intellectual property, including but not limited to copyrights, trademarks, trade secrets, patents or other proprietary rights of any person or entity. This includes, but is not limited to movies, digital music, books, photographs, art or other copyrighted materials or software;
  • NOTE: In accordance with the Digital Millennium Copyright Act (DMCA), LITTLE MIAMI GIG has a policy to review copyright complaints received involving our customers. Pursuant to federal law, we will terminate service to those customers who exhibit a pattern of excessive and consistent abuse of copyrighted material. We will provide ample notice and information prior to discontinuing service. For additional information, visit www.littlemiamigig.com.
• Threaten, encourage bodily harm, slander, harass, intimidate, abuse, or defame any person or entity;
• Violate the privacy rights of any other person or entity;
• Prohibited activities include:
  • Transmitting, receiving or storing child pornography or any other illegal, or obscene material;
  • Purposefully transmitting any computer virus or other harmful software or programming;
  • Engaging in a pyramid, Ponzi or other illegal soliciting schemes;
  • Distributing or sending chain email requesting money or other items of value;
  • Illegal gambling;
  • The offering for sale of illegal weapons or substances;
  • The promotion or publication of any material that may violate hate crime laws;
  • Or exporting software or technical information in violation of U.S. export control laws.

You agree to indemnify, defend and hold harmless LITTLE MIAMI GIG and its suppliers and agents against all claims and expenses (including reasonable attorney fees) resulting from you engaging in any act prohibited by this Acceptable Use Policy or resulting from your violation of this Acceptable Use Policy. This paragraph will survive any termination or expiration of any applicable subscriber agreement.

You agree that you will not use, or allow others to use, the Service to harm a minor including but not limited to using the Internet Service to send pornographic, obscene or profane materials, or violating the Children’s Online Privacy Protection Act.

You agree that you will not use, or allow others to use, the Service directly or indirectly to send materials in a way that is inconsistent with federal and state laws, including without limitation the CAN-SPAM Act of 2003. This prohibition includes “spamming,” the sending of mass or bulk unsolicited e-mail, numerous copies of the same or substantially similar messages, chain mail, empty messages, or messages which contain no substantive content and conduct that would encourage or permit such prohibited behaviors. We reserve the right, in our discretion, to determine whether such postings or transmissions constitute an advertisement, promotional material or any other form of solicitation in violation of the law.

You agree that you will not use, or allow others to use, the Service to gain access or attempt to gain access to LITTLE MIAMI GIG’s or any other person’s network, system, server, computer, software, data, or the confidential or proprietary information of others without the owner’s knowledge and consent (sometimes referred to as “hacking”) or to cause a disruption of service to other users on the Internet. This includes efforts to compromise network security, access data not intended for you and intercepting or interfering with email intended for another. You agree not to use or distribute tools designed to compromise security, such as password guessing programs, cracking tools, packet sniffers or network probing tools.

You agree that you will not use, or allow others to use the Service to host, access, download, store, post, distribute, disseminate, transmit, or re-transmit offensive materials, including, but not limited to: materials that are threatening, harassing, malicious, racist, defamatory, libelous, treasonous, excessively violent, obscene, pornographic, indecent; materials that are hateful;  materials that encourage violation of laws, regulation or civil order;  or materials that provide guidance or assist others with distribution or dissemination of the same.

You agree that you will not use, or allow others to use, the Service to disrupt, restrict, destroy, impair or create any unusually large burden, disrupt any backbone network nodes or network service used by LITTLE MIAMI GIG, on LITTLE MIAMI GIG’s network, computer equipment, content, material, device or system whether owned by LITTLE MIAMI GIG or others. You also agree that you will not use, nor allow others to use, the Service to disrupt other service providers or services, including but not limited to by e-mail bombing or the use of mass mailing programs, “denial of service” attacks, viruses, locks, keys, worms, Trojan horse or other harmful or debilitating feature; distribute mass or unsolicited e-mail, including commercial advertising, announcements or junk mail; or otherwise generate large levels of traffic sufficient to impede other’s ability to send or receive information.

You agree that you will not use, or allow others to use, the Service to mislead anyone as to your identity, including but not limited to, pretending to be someone else, falsifying address information or modifying headers to conceal your identity. For purposes of clarification, this prohibition is not intended to restrict the use of screen-names, aliases or anonymous remailers when used for legitimate purposes. This prohibition includes the form of activity commonly known as “phishing.”

You agree that you will not, or allow others to, impersonate another user, falsify one’s user name, age, digital or manual signature or identity in any e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists. You agree that you will not, nor allow others to, forge any message header of any electronic transmission, originating or passing through the Service, or use an IP address not assigned to you.

You agree that you will not, nor allow others to, attempt to “flood” or disrupt the normal functionality of any newsgroups, mailing lists, bulletin boards or other similar forums by posting large numbers of messages. You agree that you will not, nor allow others to, post or transmit any private, third party e-mail to any newsgroup or mailing list without the explicit approval of the sender.

You understand that the actual speeds you may experience at any time will vary based on a number of factors, including the capabilities of your equipment (including wireless routers), Internet congestion, the technical properties of the websites, content and applications that you access, and network management tools and techniques employed by LITTLE MIAMI GIG. You agree that LITTLE MIAMI GIG has the right to monitor your transmissions to facilitate the provision of LITTLE MIAMI GIG’s Service and to efficiently manage the network and the provision of the Service. LITTLE MIAMI GIG may take such steps as it determines appropriate in the event your usage of the Service does not comply with your Subscriber Agreement. Additionally, LITTLE MIAMI GIG may use such tools and techniques as it determines appropriate in order to efficiently manage its network and to ensure a quality user experience for its subscribers consistent with its Open Internet Disclosure Statement at www.littlemiamigig.com/legal-notices/

You agree that you will not use, or allow others to use, the Service to restrict, inhibit, or otherwise interfere with the ability of any other person to use or enjoy the Service or any features of the Service, any LITTLE MIAMI GIG Equipment or the Internet, regardless of intent, purpose or knowledge, including, without limitation, by releasing or transmitting any information or software which contain computer “viruses,” worms, “Trojan horses” or other harmful software programs and that you will use your best efforts to prevent the unintentional transmission of such viruses.

LITTLE MIAMI GIG reserves the right at any time to monitor bandwidth, usage, transmissions, and content on the Service from time to time; to seek or identify violations of this Policy; and/or to protect the network, the Service and LITTLE MIAMI GIG users. LITTLE MIAMI GIG’s failure to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that any portion of this Policy held invalid or unenforceable will as much as possible be construed consistent with the intent and applicable law; the remaining portions of this Policy will remain in full force and effect.