Subscriber Agreement

THIS AGREEMENT CONTAINS AN “ARBITRATION CLAUSE,” WHICH STATES THAT YOU AND LITTLE MIAMI GIG AGREE TO RESOLVE CERTAIN DISPUTES THROUGH MEDIATION OR ARBITRATION, AND ALSO CONTAINS A LIMITATION ON YOUR RIGHT TO BRING CLAIMS AGAINST LITTLE MIAMI GIG.

This Residential Subscriber Agreement (“Agreement”) sets forth the terms and conditions under which LITTLE MIAMI GIG agrees to provide you, the Subscriber, with television, Internet access, home phone, home security and any other services provided by LITTLE MIAMI GIG to residential subscribers (together, the “Services”). For the purposes of this Agreement, “you” and “your” refers to the “Subscriber” who subscribes to and receives one or more of the Services and “we,” “us” or “our” refers to LITTLE MIAMI GIG.

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 all LITTLE MIAMI GIG Policies and Practices (as defined herein) in effect and modified by LITTLE MIAMI GIG from time to time. The most updated version of the LITTLE MIAMI GIG Policies and Practices will be posted at www.littlemiamigig.com/legal-notices/. The LITTLE MIAMI GIG Policies and Practices include:

• The Residential Subscriber Agreement and associated Service-specific Addenda
• Privacy Notice
• Acceptable Use Policy
• Open Internet Statement
• Other LITTLE MIAMI GIG policies and practices, as published on the LITTLE MIAMI GIG website

IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS IN THIS AGREEMENT OR ANY OF THE LITTLE MIAMI GIG POLICIES AND PRACTICES, DO NOT USE THE SERVICES AND CONTACT LITTLE MIAMI GIG TO TERMINATE YOUR SERVICE SUBSCRIPTION.

This Agreement shall remain in effect as long as your account remains open, valid or undeleted by LITTLE MIAMI GIG. The Agreement commences upon the earlier of: (1) provision of your signature, (2) activation of Service; or (3) use of the Service. Note, certain provisions in this Agreement may continue after termination.

This Agreement along with its applicable addendum and the LITTLE MIAMI GIG Policies and Practices that apply to your Services together constitute the entire agreement between you and LITTLE MIAMI GIG and supersede any prior agreement, discussions, proposals, or written or oral statements.

Subject to applicable law, LITTLE MIAMI GIG reserves the right, at any time, in LITTLE MIAMI GIG’s sole discretion, to:

• Increase, add or otherwise modify fees and charges associated with the Service.
• Add to, modify or delete any provision of this Agreement or any of the LITTLE MIAMI GIG Policies and Practices, any price list(s) and/or any applicable tariffs filed by LITTLE MIAMI GIG.
• Add to, modify, or delete any aspect, feature, or requirement of the Service.

An online version of this Agreement and the LITTLE MIAMI GIG Policies and Practices, as may be changed from time to time, will be accessible at www.littlemiamigig.com/legal-notices/ or another online location as designated by LITTLE MIAMI GIG. In accordance with any applicable law, LITTLE MIAMI GIG will notify you of any material change to your Services or this Agreement. Any changes will become effective upon the specified date in the notice. Your continued use of the Service following the effectiveness of any change will constitute your consent to such change. If you do not agree to any such change, you should immediately stop using the Service and notify LITTLE MIAMI GIG that you are terminating your subscription to the Service. Additions, modifications, or deletions shall be enforceable only on a prospective basis and not retroactively.

You represent to LITTLE MIAMI GIG that you are at least 18 years of age. You are responsible in all respects (including payment obligations) for all uses of your account and all use by others of your account is subject to the terms hereof and any applicable tariff(s) filed by LITTLE MIAMI GIG at the applicable state utility commission. For purposes of this Agreement, all use of your account, whether or not authorized by you, shall be deemed your use. You shall be responsible for ensuring that all use of your account and any usage of the Service comply fully with the provisions of this Agreement and the LITTLE MIAMI GIG Policies and Practices.

Transfer of all or a portion of the account, the Service or LITTLE MIAMI GIG’s equipment by you to any other person or entity, or to a new residence or other location, is prohibited.

You agree to pay LITTLE MIAMI GIG for your Service and for all use of your account, including applicable charges for installation, if any, and all local, state and federal fees, taxes, surcharges, and/or assessments imposed on the Service, equipment fees, charges for pay-per-use services, charges for premium channels and tiers, data usage, home phone features or home phone usage charges. Both the amounts and the types of charges for the Service are subject to change. The retail rates for services may be found on LITTLE MIAMI GIG’s website, included with the pricing sheet provided, at an LITTLE MIAMI GIG office location, or by calling LITTLE MIAMI GIG. Recurring monthly charges will be billed monthly in advance. All charges are payable on the due date specified on the bill.

If you choose to pay by credit or debit card, you authorize LITTLE MIAMI GIG to charge your credit or debit card on file for all amounts currently owed. You agree to let LITTLE MIAMI GIG know promptly of any change to your credit or debit card information including cancellation of any card or a lack of funds in your account for payment.

• LITTLE MIAMI GIG may verify your credit standing with credit reporting agencies in accordance with applicable laws and require a deposit based on your credit standing. You expressly authorize LITTLE MIAMI GIG to inquire and receive information regarding your credit, to maintain this information in our files, and to disclose this information to relevant third parties for LITTLE MIAMI GIG’s reasonable business purposes.
• As permitted by applicable law, based on the information we receive from credit reporting agencies regarding your credit standing, LITTLE MIAMI GIG may require you to pay a deposit as a condition of the provision of Service or LITTLE MIAMI GIG Equipment. The existence of a deposit does not exempt you from the requirement to timely pay for Services when due. You authorize LITTLE MIAMI GIG to use the deposit as payment toward any amount owed to LITTLE MIAMI GIG.
• An administrative late charge may be charged to you in the event that you fail to deliver payment for Service provided by LITTLE MIAMI GIG by the due date.
• The availability of the Service is dependent upon your maintaining current accounts with LITTLE MIAMI GIG for your Services.
• If your account is past due and LITTLE MIAMI GIG sends a collector to your premises, a field collection fee may be charged. The current field collection fee is listed in the list of charges on the price list and/or any applicable tariffs or can be provided on request.
• If you discontinue your Service, or if any Service is discontinued for any reason including non-payment, you may be required, in addition to payment of all outstanding balances on all accounts with LITTLE MIAMI GIG, to pay a reconnect charge or trip charge (where applicable) before reconnection.
• LITTLE MIAMI GIG may charge a service fee for all returned checks and account debit, bank card or charge card chargebacks. The current service fee is listed in the list of charges on the price list or can be provided on request.
• If you wish to dispute a bill, you must notify LITTLE MIAMI GIG within 30 days of the disputed bill. If you fail to notify LITTLE MIAMI GIG by this date, you may waive your right to a refund or credit. If LITTLE MIAMI GIG, in its sole discretion, determines that a credit is due, the credit will appear on your next monthly bill.

You authorize LITTLE MIAMI GIG to access the property at which the Service(s) and/or LITTLE MIAMI GIG equipment will be provided to you (the “Premises”) to install, configure, maintain, upgrade, inspect, repair, change, remove or replace the Service, wiring and/or equipment to ensure proper operation and delivery of our Service. You represent and warrant that you are either the owner of the Premises or, that you are authorized by the owner of the Premises to permit LITTLE MIAMI GIG to access the Premises for these purposes. You grant LITTLE MIAMI GIG any and all required easements to provide the Services to you and others within the same cable system. LITTLE MIAMI GIG is only obligated to make repairs to your Premises if we cause damage due to negligence on our part.

LITTLE MIAMI GIG may provide or lease to you equipment, including associated accessories or software, (“LITTLE MIAMI GIG Equipment”) for use with the Service. The LITTLE MIAMI GIG Equipment may be provided for a fee or at no cost to you.

• The LITTLE MIAMI GIG Equipment is and at all times shall remain the sole and exclusive personal property of LITTLE MIAMI GIG, and you shall acquire no interest therein by virtue of the payments provided for herein or the attachment of any portion of the Equipment to your residence or otherwise.
• You will not open, alter, misuse, tamper with or remove the LITTLE MIAMI GIG Equipment as and where installed by LITTLE MIAMI GIG, and will not remove any markings or labels from the LITTLE MIAMI GIG Equipment indicating LITTLE MIAMI GIG ownership or serial or identity numbers. You will safeguard the LITTLE MIAMI GIG Equipment from loss or damage of any kind, and (except for any self-installation procedures approved by LITTLE MIAMI GIG) will not permit anyone other than an authorized representative of LITTLE MIAMI GIG to perform any work on the LITTLE MIAMI GIG Equipment.
• Upon termination of Service, for whatever reason, you acknowledge that your right to possess and use the LITTLE MIAMI GIG Equipment shall likewise terminate. In such an event, the LITTLE MIAMI GIG Equipment shall be returned to LITTLE MIAMI GIG in the same condition as when received, ordinary wear and tear excepted. You will promptly return the LITTLE MIAMI GIG Equipment or notify LITTLE MIAMI GIG to schedule retrieval by LITTLE MIAMI GIG. If you do not promptly return the LITTLE MIAMI GIG Equipment or schedule retrieval, LITTLE MIAMI GIG may enter any premises where the LITTLE MIAMI GIG Equipment may be located for the purpose of disconnecting and retrieving the LITTLE MIAMI GIG Equipment. Failure of LITTLE MIAMI GIG to remove its LITTLE MIAMI GIG Equipment shall not be deemed abandonment. You will pay the expense incurred by LITTLE MIAMI GIG in any retrieval of the unreturned LITTLE MIAMI GIG Equipment. LITTLE MIAMI GIG may charge you a continuing monthly fee until any remaining LITTLE MIAMI GIG Equipment is returned, collected by LITTLE MIAMI GIG or fully paid for by you in accordance with the below. The current fee can be provided on request.
• If the LITTLE MIAMI GIG Equipment is damaged, destroyed, lost or stolen while in your possession, you shall be liable for the cost of repair or replacement of the LITTLE MIAMI GIG Equipment. If the LITTLE MIAMI GIG Equipment is not returned to or retrieved by LITTLE MIAMI GIG upon termination of Service, you will pay LITTLE MIAMI GIG, on demand, the replacement cost of the LITTLE MIAMI GIG Equipment without any deduction for depreciation, wear and tear or the physical condition of such LITTLE MIAMI GIG Equipment. You agree that if you fail to return the LITTLE MIAMI GIG Equipment, LITTLE MIAMI GIG can charge your bank or credit card or account (if debit authorization has been obtained from you) the amounts described herein, in addition to any other remedies or collection efforts.
• Upon termination of Service, subject to applicable law and regulation, LITTLE MIAMI GIG may, but shall not be obligated to, remove any cabling installed by LITTLE MIAMI GIG on your premises.
• LITTLE MIAMI GIG may change or upgrade your equipment to ensure optimal functionality with or without notice to you and you agree that such changes may be performed by LITTLE MIAMI GIG at any time and in any manner.

LITTLE MIAMI GIG grants you a limited, non-exclusive, nontransferable and non-assignable license to use LITTLE MIAMI GIG’s software, including software from third party licensors, (together, the “Licensed Software”) solely in connection with the Service. You agree not to engage in, or permit, any copying, translation, alteration, reverse engineering or reverse compiling, disassembly or modification of or preparation of any derivative works based on the Software, all of which are prohibited. Your right to use the Licensed Software terminates promptly upon termination of this Agreement or applicable Service. LITTLE MIAMI GIG retains all right, title and interest in the Licensed Software and other intellectual property rights in the software.

The Service is offered and provided under this Agreement as a residential service offered for reasonable personal, non-commercial use only.

• You may not receive, use or assist others in receiving or using the Service in an unauthorized manner.
• You will not resell or redistribute (whether for a fee or otherwise) the Service, or any portion of the Service, or otherwise charge others to use the Service, or any portion of the Service.
• The Service shall not be used in any way that may violate the law, your Agreement, third party property rights or other rights in the LITTLE MIAMI GIG Policies and Practices.

LITTLE MIAMI GIG may suspend your account, or cancel your account with notice as required by applicable law if LITTLE MIAMI GIG determines in its discretion that you have violated this Agreement or any of the LITTLE MIAMI GIG Policies and Practices. If your account is suspended, you will not be charged for that period of time during which you do not receive the Service. If your account is cancelled, you will be refunded any pre-paid fees minus any amounts due to LITTLE MIAMI GIG. You agree that LITTLE MIAMI GIG shall have the right to take any action that LITTLE MIAMI GIG deems appropriate to protect the Service or LITTLE MIAMI GIG’s facilities and Equipment, including reporting incidents to law enforcement and pursuing any other available remedy or right. Although LITTLE MIAMI GIG has no legal obligation to do so, LITTLE MIAMI GIG retains the right to monitor the Services to ensure compliance with this Agreement.

Service interruptions may occur for maintenance, testing or other system interactions from time to time, with or without notice. Power outages may also interrupt availability of the services. Unless otherwise specified, you will not be entitled to a refund, credit or other compensation for such loss of service or unavailability. Should LITTLE MIAMI GIG choose to issue a credit, it will be provided on the next practicable bill for the Service issued by LITTLE MIAMI GIG to you. LITTLE MIAMI GIG shall have no liability for interruption of the Service due to circumstances beyond its control, including without limitation, acts of God, flood, natural disaster, regulation or governmental acts, fire, civil disturbance, strike or weather.

THE SERVICES, LITTLE MIAMI GIG EQUIPMENT AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, AVAILABILITY, QUALITY OF SERVICE OR FITNESS FOR PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLED BY, AND INCAPABLE OR EXCLUSION, RESTRICTION, OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THIS AGREEMENT. LITTLE MIAMI GIG MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, ACCURATE, COMPLETE, VIRUS OR MALWARE FREE. YOU FURTHER AGREE THAT ALL USE OF THE SERVICE IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING: LITTLE MIAMI GIG DOES NOT MAKE ANY WARRANTIES AS TO THE SECURITY OF YOUR COMMUNICATIONS VIA LITTLE MIAMI GIG’S FACILITIES OR THE SERVICE, OR OUTSIDE THE SERVICE TO THE INTERNET, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR YOUR COMPUTER(S) OR PHONE COMMUNICATIONS. YOU AGREE THAT LITTLE MIAMI GIG WILL NOT BE LIABLE FOR ANY SUCH AUTHORIZED ACCESS. YOU HAVE THE SOLE RESPONSIBILITY TO SECURE YOUR COMPUTER AND PHONE COMMUNICATIONS.

You understand that the installation, use, inspection, maintenance, repair, replacement or removal of the Services, LITTLE MIAMI GIG Equipment or Software may result in damage to your computer(s) or other hardware, including software and data files stored thereon. You shall be solely responsible for backing up all existing computer files prior to the performance of any of the foregoing activities. LITTLE MIAMI GIG shall not have any liability, and expressly disclaims any responsibility whatsoever, for any damage to or loss or destruction of any software, hardware, data or files.

In no event (including negligence) will LITTLE MIAMI GIG or any person or entity involved in providing the Services or LITTLE MIAMI GIG Equipment be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Services, any action taken to protect the Services, or the breach of any warranty.

You agree to defend, indemnify and hold harmless LITTLE MIAMI GIG together with its respective officers, directors, employees, agents, contractors and third party vendors (the “LITTLE MIAMI GIG Related Parties”), from and against any and all claims, demands, damages, liabilities, losses and expenses, including reasonable attorneys’ fees, arising out of or related in any way to:

• The use of the Services or LITTLE MIAMI GIG Equipment and/or facilities by you, or other users of your Services or account;
• Any violation of law by you, or other users of your Services or account;
• Any breach or violation of the Agreement relating to the Service;
• Any content, software, communication or transmission by you, or other users of your Services;
• Any unauthorized use of the Service or LITTLE MIAMI GIG Equipment;
• Any other act or omission.

THE FOLLOWING LIMITATION OF LIABILITY DESCRIBES THE EXTENT OF LITTLE MIAMI GIG’S OR THE LITTLE MIAMI GIG RELATED PARTIES’ RESPONSIBILITY FOR ANY CLAIMS OF DAMAGES CAUSED BY ACTIONS, OMISSIONS OR FAILURES OF LITTLE MIAMI GIG AND/OR THE SERVICES, LITTLE MIAMI GIG EQUIPMENT OR SOFTWARE OR ANY OTHER CLAIMS INVOLVING LITTLE MIAMI GIG.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT, EXCEPT FOR ANY CREDITS PROVIDED IN LITTLE MIAMI GIG’S DISCRETION OR OTHERWISE REQUIRED BY THIS AGREEMENT, LITTLE MIAMI GIG SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSSES, DAMAGES OF ANY KIND BASED ON BREACHES OF THIS AGREEMENT OR YOUR RELATIONSHIP WITH US OR ARISING FROM THE LITTLE MIAMI GIG EQUIPMENT, REGARDLESS OF THE TYPE OR BASIS OF THE CLAIM. IN NO EVENT, WILL LITTLE MIAMI GIG BE REQUIRED TO PAY YOU AN AMOUNT IN EXCESS OF ANY SERVICE FEES PAID DURING THE MONTH PRECEDING YOUR CLAIMED LOSS OR DAMAGES.

THE FOREGOING SHALL CONTINUE IN EFFECT AFTER TERMINATION OF THE AGREEMENT.

THE FOLLOWING ARBITRATION PROVISION STATES THAT YOU AND LITTLE MIAMI GIG AGREE TO RESOLVE CERTAIN DISPUTES THROUGH MEDIATION OR ARBITRATION. YOU MAY OPT OUT OF THIS MEDIATION OR ARBITRATION PROVISION (EXCEPT WAIVER OF JURY TRIAL) WITHIN 30 DA

THE FOLLOWING ARBITRATION PROVISION STATES THAT YOU AND LITTLE MIAMI GIG AGREE TO RESOLVE CERTAIN DISPUTES THROUGH MEDIATION OR ARBITRATION. YOU MAY OPT OUT OF THIS MEDIATION OR ARBITRATION PROVISION (EXCEPT WAIVER OF JURY TRIAL) WITHIN 30 DAYS OF THE COMMENCEMENT OF THIS AGREEMENT, AS DESCRIBED IN THE OPT OUT PROVISION BELOW. IF YOU DO NOT OPT OUT OF THIS PROVISION, YOU WILL BE BOUND TO SETTLE YOUR DISPUTE IN THE FOLLOWING MEANS.

A “Dispute” includes any claim, dispute or controversy between you and LITTLE MIAMI GIG, its respective officers, directors, employees, and agents, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort) or other legal or equitable theory.

You and LITTLE MIAMI GIG agree that you will try to resolve any Dispute informally before proceeding to mediation or arbitration. Subscriber Disputes should be directed to LITTLE MIAMI GIG customer service at the number listed on the LITTLE MIAMI GIG website. If we are unable to resolve the Dispute informally, then except as otherwise described below, You and LITTLE MIAMI GIG agree that any controversy or claim arising out of or related to this agreement (but not any claims arising out of commercial activities or the theft or other unauthorized receipt of any LITTLE MIAMI GIG service on the part of you) shall be resolved by arbitration commenced within one year under the then-current commercial arbitration rules of the American Arbitration Association (or any consumer rules adopted by the American Arbitration Association to which both parties agree). No claim subject to arbitration under this agreement may be combined with a claim subject to resolution before a court of law or equity. The arbitrability of Disputes shall be determined by the arbitrator. Any award of the arbitrator shall be in writing and shall state the reasons for the award. Judgment upon an award may be entered in any court having competent jurisdiction. The arbitrator shall not have the power to award any damages in excess of the applicable limits set forth in or excluded under Sections 10, 11 or 13 of this Agreement. The Federal Arbitration Act, 9 U.S.C. §1-16, shall govern the interpretation and enforcement of this paragraph. Each party shall bear its own expenses and the cost of arbitrator(s) shall be shared except that Subscriber may recover his/her filing and arbitrator(s)’ fees if Subscriber is the prevailing party. The parties expressly waive any entitlement to attorneys’ fees or punitive damages to the fullest extent permitted by law. Consolidated or class action arbitrations shall not be permitted. The arbitrator shall not have the power to order pre-hearing discovery of documents or the taking of depositions, but may compel attendance of witnesses and the production of documents at the hearing. In lieu of arbitration, you and LITTLE MIAMI GIG may bring Disputes before a small claims court, if the Dispute falls within the jurisdiction of the small claims court. If you bring a claim in small claims court, where legally permissible, you waive discovery in the proceeding, meaning that you agree you will not be able to depose LITTLE MIAMI GIG witnesses or seek non-public documents.

Opt out. You may opt out of the above arbitration provision by notifying LITTLE MIAMI GIG in writing within 30 days of the commencement of this Agreement, as defined in Section 1, by sending an email to customercare@littlemiamigig.com or a letter via U.S. mail to LITTLE MIAMI GIG, Attn: Legal, PO Box 29, Morrow, OH 45152 stating that you opt out of this arbitration provision. Your decision to opt out of the mediation or arbitration provision will not affect any other portion of this Agreement with LITTLE MIAMI GIG and will remain in effect regardless of any future modifications to this Section by LITTLE MIAMI GIG or your agreement to any new terms of service under this Agreement. If you enter into a new agreement with LITTLE MIAMI GIG and wish to opt out of any portion of that new agreement, you will need to follow the opt out provisions specific to that agreement.

Jury Trial and Class Action Waiver. YOU AND LITTLE MIAMI GIG WAIVE THE RIGHT TO A TRIAL BY JURY. YOU AND LITTLE MIAMI GIG FURTHER AGREE THAT YOU MAY ONLY BRING CLAIMS AGAINST ONE ANOTHER IN YOUR OR LITTLE MIAMI GIG’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. THIS WAIVER SHALL APPLY TO ANY CLAIMS BROUGHT IN SMALL CLAIMS COURT. You and LITTLE MIAMI GIG agree that this class action waiver is an essential part of our arbitration provision and if the waiver of class action is not enforceable, then the entirety of this Section 14 arbitration provision shall be null and void, except for the waiver of the right to trial by jury.

One Year to Bring Claim. YOU MUST CONTACT LITTLE MIAMI GIG WITHIN ONE (1) YEAR OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO YOUR CLAIM (EXCEPT FOR BILLING DISPUTES WHICH ARE GOVERNED BY SECTION 5), OR YOU WAIVE THE RIGHT, TO THE FULLEST EXTENT PERMITTED BY LAW, TO PURSUE THAT CLAIM.

Survival. This arbitration provision shall survive termination of this Agreement.

This Agreement is, and shall be interpreted as, subject to applicable law and regulation and to any applicable franchise agreement between a governmental authority and LITTLE MIAMI GIG. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties as set forth herein, and the remainder of this Agreement shall remain in full force and effect.

Unless otherwise specified, all notices required or contemplated hereunder will be provided by LITTLE MIAMI GIG by such means as LITTLE MIAMI GIG shall determine in its discretion. Without limiting the foregoing, you agree that LITTLE MIAMI GIG may provide any notices required or contemplated hereunder or by applicable law, including without limitation notice of changes to this Agreement or the LITTLE MIAMI GIG Policies and Practices, by electronic means (e.g., email or online posting), except as prohibited by applicable law.

Failure by LITTLE MIAMI GIG to enforce any of its rights hereunder shall not constitute a waiver of any such rights. No waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.

Unless you have entered into an Agreement with LITTLE MIAMI GIG that has a specified minimum term, you or LITTLE MIAMI GIG may terminate this Agreement at any time without cause by providing the other party a minimum of twenty-four hours written notice of the termination request. LITTLE MIAMI GIG may also provide notice of termination by electronic or other means. LITTLE MIAMI GIG may also terminate Service pursuant to Ohio Revised Code Section 1332.26(D); violate any of the LITTLE MIAMI GIG Practices and Policies; or improperly use the Services or LITTLE MIAMI GIG Equipment. If you have entered into an agreement with LITTLE MIAMI GIG for a specified minimum term, termination of Service will be controlled by the terms and conditions of such agreement and may subject you to payment of an early termination fee.

Upon termination of any Service or this Agreement, for any reason, you agree to:

• Cease using the relevant Service and accompanying LITTLE MIAMI GIG Equipment and software;
• Promptly return the LITTLE MIAMI GIG Equipment and/or software;
• Fully pay any required fees and/or charges for the Service and LITTLE MIAMI GIG Equipment.

LITTLE MIAMI GIG reserves the right, but shall not be required, to delete any files, programs, data, email messages, voicemail, usernames and e-mail addresses associated with your Service.

This Agreement is, and shall be interpreted as, subject to applicable law and regulation and to any applicable franchise agreement between a governmental authority and LITTLE MIAMI GIG. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties as set forth herein, and the remainder of this Agreement shall remain in full force and effect.

Neither this Agreement nor any of the Services, LITTLE MIAMI GIG Equipment or software may be assigned or transferred, in any part, without the prior written consent of LITTLE MIAMI GIG. LITTLE MIAMI GIG may assign all or part of this Agreement without notice to you and without your consent.

Portions of this Agreement will survive termination, including Arbitration (Section 14), your Indemnification of LITTLE MIAMI GIG (Section 12), Limitation of Liability (Section 13), Disclaimer of Warranties (Section 11) fee and payment obligations (Section 5), claims, rights and remedies arising from a violation of this Agreement, and other terms that should reasonably be expected to continue after termination of the Agreement.

The following additional terms of services are made a part of and incorporated into the Residential Subscriber Agreement (“Agreement”) between LITTLE MIAMI GIG and those subscribers who receive LITTLE MIAMI GIG Internet Access Service. To the extent that any of the following provisions conflicts with any provision of the Agreement, the provisions of these Internet Access additional terms of service shall govern. All capitalized terms not defined below shall have the definitions given to them in the Agreement.

1. Acceptable Use: You agree to use the LITTLE MIAMI GIG Internet Access Service in accordance with LITTLE MIAMI GIG’s Acceptable use policy, available at www.littlemiamigig.com/legal-notices/.
2. Access Equipment: LITTLE MIAMI GIG provides the customer with an Optical Network Terminal equipped with a minimum of one IEEE standards based Ethernet port as part of the service. LITTLE MIAMI GIG may provide an IEEE standard based Residential or Business Gateway/Router with or without WiFi as part of the service during introductory promotional periods. As technology changes, LITTLE MIAMI GIG reserves the right to update their list of approved model(s) and require the customer to replace a previously-approved model(s) that is no longer compatible.
3. Access to Third Party Sites: You are responsible for any and all charges incurred by third parties who offer goods, services, content and information through the Internet. You are also responsible for protecting your private and/or confidential information, including but not limited to your identity, credit card information or any other information provided to third parties through the Internet Service. LITTLE MIAMI GIG is not responsible for any third party content, websites, products or services.
4. Protection of Your System: You are responsible for protecting your system from viruses or other malware that may be acquired through use of the LITTLE MIAMI GIG Internet Access Service.
5. Protection of LITTLE MIAMI GIG System: LITTLE MIAMI GIG reserves the right to take any action necessary to protect the security of its network consistent with applicable law.
6. Management of LITTLE MIAMI GIG System: LITTLE MIAMI GIG may manage its network consistent with applicable law. For additional information regarding LITTLE MIAMI GIG’s Internet Access Service, please visit www.littlemiamigig.com/legal-notices/.
7. Loss of Data: LITTLE MIAMI GIG shall not be held liable for any damage, loss, or destruction of any of your software, data or files regardless of the case.