Subscriber Agreement

NOTE: THIS AGREEMENT CONTAINS AN EARLY TERMINATION FEE IN SECTION 1 AND A MANDATORY BINDING ARBITRATION AND WAIVER OF JURY TRIAL PROVISION IN SECTION 18 WHICH IMPACT YOUR RIGHTS WITH RESPECT TO ALL THE SERVICES. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

Introduction
This Agreement (the “Agreement”) sets forth the terms and conditions under which LigTel Communications, Inc., together with any affiliate and/or distribution partner (collectively, the “Company”), agrees to provide LigTel Internet service (hereinafter the “Service”) to you. By completing the registration and using the Service, you (i) agree to abide by, and require others using the Service through your account to abide by the terms of this Agreement, and (ii) represent and warrant that you are at least 18 years of age. If you do not agree with the foregoing, you may not use the Service and must return any installation software, equipment, and all associated materials to the Company. This Agreement takes effect on the date on which you accept this Agreement, and continues until your subscription is terminated.

The Company reserves the right to modify the terms of this Agreement or prices for the Service and may discontinue or revise any or all other aspects of the Service in its sole discretion at any time by posting changes online at the Company’s website – http://ligtel.com. Your continued use of the Service after changes are posted constitutes your acceptance of this Agreement as modified by the Company’s posted changes. The updated, online version of this Agreement shall supersede any prior version of this Agreement that may have been included in any software or related materials provided by the Company. This Agreement should be read in conjunction with our Acceptable Use Policy (“AUP”), Privacy Policy, and other applicable policies.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP THE USE OF THE SERVICE AND NOTIFY THE COMPANY’S CUSTOMER SERVICE DEPARTMENT SO THAT YOUR ACCOUNT CAN BE CLOSED.

1. Your Subscription
Your Subscription Your subscription entitles you to use the Service. You agree not to assign, transfer, resell or sublicense your rights as a subscriber unless specifically allowed by this Agreement. You agree that you are solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach results from your use of the Service or by another person who uses your computer or your network utilizing the Service. You agree to only permit access to the Service to persons within the single residence associated with your subscriber account (the “Premises”). Providing outside persons with access to the Service is a breach of this Agreement and will subject you to immediate termination and any related damages. You agree to contact the Company immediately upon the occurrence of any change in the status of your account (e.g., change in individuals authorized to use your account) for the purpose of updating your account information.

SOME SERVICES MAY REQUIRE A MINIMUM TERM COMMITMENT (E.G., 12 CONSECUTIVE MONTHS) BY YOU. IF YOU CANCEL SERVICE BEFORE THE AGREED TERM IS COMPLETED, YOU WILL BE SUBJECT TO AN EARLY TERMINATION FEE WHICH WILL BE OUTLINED IN YOUR SERVICE CONTRACT/AGREEMENT OR ORDER FORM. INSTALLATION AND ACTIVATION FEES MAY ALSO APPLY DEPENDING ON THE SERVICE SELECTED. THESE CHARGES WILL BE CLEARLY COMMUNICATED AT THE TIME OF ORDER AND ARE NON-REFUNDABLE ONCE SERVICE BEGINS.

IF YOU SUBSCRIBE TO THE COMPANY’S VOIP PHONE SERVICE, IT IS PROVIDED EXCLUSIVELY IN CONJUNCTION WITH OUR FIBER INTERNET SERVICE. IF FIBER INTERNET IS CANCELED, VOIP SERVICE WILL ALSO BE DISCONTINUED.

INTERNET SPEEDS ARE ADVERTISED AS MAXIMUM SPEEDS AND ARE NOT GUARANTEED 100% OF THE TIME. ACTUAL SPEEDS MAY VARY DUE TO NETWORK CONDITIONS, CONNECTED DEVICE LIMITATIONS, OR OTHER EXTERNAL FACTORS.

2. Payment Terms
You agree to be responsible for any and all charges, damages and costs that you or anyone using your Company account may cause. You agree to pay all monthly fees and installation charges associated with the Service including, but not limited to, applicable taxes, customer service fees, late fees and collection fees. Monthly fees for the Service will be billed one month in advance. If payment is not received by the due date, late fees and/or collection charges may be assessed and the Company may terminate your Service. The Company may accept a partial payment without impairing its ability to collect the full balance from you. Any partial payment will be applied to outstanding balances in the amounts and in the order determined by the Company in its sole discretion. You may not make restrictive endorsements or other statements or releases on your method of payment (e.g., “paid in full”). If you do so, the Company may disregard the restrictive endorsement or statement. Separate and apart from the charges for the Company’s Services, you may also incur charges including, without limitation, charges relating to the purchase of “premium” services, such as additional web space, business class services, or

access to certain gaming sites in addition to those billed by the Company. All such charges, including all applicable taxes, are your sole responsibility. You may be required to pay a reconnect fee and/or a security deposit in addition to all past due charges before the Service is reconnected. The Company will apply a late fee of $3.00 per month to each of your bills not paid by the due date. You are also responsible to pay all the Company’s costs of collection, including collection agency fees, bank charges, court costs and reasonable attorneys’ fees. In the event that a check or draft tendered by you is returned, a fee of $25.00 will apply, unless the return is a bank error that is properly documented by you. When billing for the Company’s Services is performed by local exchange telephone companies, credit card companies or others, the payment conditions and regulations of such companies apply, including any applicable interest and/or late payment charges. If you believe you have been billed in error, you must contact the Company within sixty (60) days following the date of the bill which initially contained the disputed charge or you waive any disputes or credits, subject to applicable laws. Upon receiving a timely report, the Company will notify you of the results of its inquiry, and either adjust the billing, issue a credit, or notify you that your dispute is denied.

If you choose to enroll in the recurring payment program offered by the Company, you authorize the Company to initiate recurring automated clearing house (ACH) debit entries or debit card payments from the checking or savings account you specify to the Company through the enrollment. Alternatively, you may authorize the Company to initiate recurring charges from the credit card specified to the Company through enrollment. The amount debited from your checking or savings account or credited to your credit card will be your current balance on your account. ONCE ENROLLED, ALL PAYMENTS WILL BE PROCESSED AUTOMATICALLY EACH MONTH WITHOUT FURTHER ACTION AND WILL CONTINUE UNTIL TERMINATED BY YOUR CALLING THE COMPANY AT [_________________________] AND TERMINATING YOUR AUTHORIZATION. You agree to be bound by all rules of your financial institution with respect to ACH, debit card or credit card payments and will be responsible for any fees charged by such institution. If the Company is unable to process any ACH, debit or credit card payments for the amount due, you will be responsible for any late fees, a returned item fee of $25.00 and any fees or charges assessed by your financial institution. THE COMPANY SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF A PAYMENT MADE UNDER A RECURRING PAYMENT AUTHORIZATION.

The Company may revoke your ability to participate in the recurring payment program at any time upon notice to you.

3. Software License
To the extent applicable, the Company grants to you a limited, non-exclusive, nontransferable and non-assignable license to install and use the Company’s access software (including software from third party vendors that the Company distributes, hereinafter referred to as the “Licensed Software”), in order to access and use the Service. The Company may modify the Licensed Software at any time, for any reason, and without providing notice of such modification to you. The Licensed Software constitutes confidential and proprietary information of the Company and the Company’s licensors and contains trade secrets and intellectual property protected under United States copyright laws, international treaty provisions, and other laws. All right, title, and interest in and to the Licensed Software, including associated intellectual property rights, are and shall remain with the Company and its licensors. You agree to comply with the terms and conditions of all end user software license agreements accompanying any software or plug-ins to such software distributed by the Company in connection with the Service. Your right to use the Licensed Software terminates upon termination of this Agreement.

4. Computer and Equipment Requirements
At the time of initial installation of the Service, provided that your computer and other equipment does not harm the Company’s network or infringe upon other users’ use of the Company’s service, you may attach such device to the Company’s network. Should such device harm the Company’s network or infringe other users’ use of the Service, such device must be removed from the network upon demand by the Company. You agree to not physically remove any equipment owned by the Company (the “Equipment”) from the Premises and agree not to permit anyone other than the Company to service or repair the Equipment. You are responsible for any loss, repair, replacement or other costs and damages if you do not return the Equipment to the Company in undamaged condition. You agree not to sell, lease, abandon, or give away the Equipment or permit any other service provider to use the Equipment. If you fail to return the Equipment in undamaged condition upon the termination or expiration of the Services, you will be subject to an unreturned equipment fee of up to $250. Regardless of whether you pay an unreturned equipment fee, the Equipment remains the property of the Company.

5. Installation
You authorize Company personnel and/or its agents to enter the Premises at mutually agreed upon times in order to install, maintain, inspect, repair and remove the Service. If you are not the owner of the Premises at which the Service is to be installed, you represent that you have obtained the consent of the owner of the Premises for the Company’s personnel and/or its agents to enter the Premises for the purposes described above. You shall indemnify and hold the Company harmless from and against any claims of the owner of the Premises arising out of the performance of this Agreement. You agree that installation of the Service (including the Licensed Software) may require the Company’s personnel and/or its agents to open your computer. You further acknowledge and agree that installation and/or use of the Service (including the Licensed Software) may result in the modification of your computer’s systems files and that the Company may periodically update the software in order to provide the Service. The Company neither represents, warrants, nor covenants that such modifications will not disrupt the normal operations of your computer. THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE RESULTING FROM THE INSTALLATION AND/OR USE OF THE LICENSED SOFTWARE OR FILE MODIFICATIONS, INCLUDING BY REASON OF THE COMPANY’S NEGLIGENCE. The Company is not responsible for returning your computer to its original configuration prior to installation. The Company or its agents will supply and install certain software and, if required, hardware for a fee determined by the Company. The Company shall use reasonable efforts to install the Service to full operational status, provided that your computer fulfills the minimum computer requirements set forth herein. Wiring inside the Premises, including cable, ethernet and telephone wiring and outlets must not interfere with the Services or the normal operations of our network. In the event of disruption to our normal operations or upon your request, we may install, repair or maintain this wiring and will charge you for that service. We have no responsibility for the operation, support, maintenance or repair of wiring inside the premises. If the Service includes a residential outdoor extender, placement of the Company hardware will be determined by the Company based on technical testing. If you request a replacement of the Company hardware, additional maintenance fees will apply.

6. Acceptable Use Policy
You agree to use the Services, and cause any other permitted user who accesses the Services through your network to use the Services, strictly in accordance with the Acceptable Use Policy located at http://www2.ligtel.com/policies/acceptable-use-policy.html, which may be modified by the Company from time to time, and which is incorporated herein by reference and made a part of this Agreement.

7. Posting of Material
You are solely responsible and liable for all material that you upload, post, email, transmit or otherwise make available via the Services, including, without limitation, material that you post to any Company website, or any third-party vendor’s service (e.g., newsgroups) that is used by the Company. The Company does not claim ownership of material you submit or make available for inclusion on the Service. However, with respect to material you submit or make available for inclusion on publicly accessible areas of the Service, you grant the Company a world-wide, royalty free and non-exclusive license(s) to: use your material in connection with the Company’s businesses including, but not limited to, the rights to copy, distribute, publicly perform, publicly display, transmit, publish your name in connection with the material, and to prepare derivative works. No compensation will be paid with respect to the use of your material.

8. Links to Third Party Websites
In your use of the Service and/or the Company’s website, you may encounter various types of links that enable you to visit websites operated or owned by third parties (“Third Party Site”). These links are provided to you as a convenience and are not under the control or ownership of the Company. The inclusion of any link to a Third-Party Site is not (i) an endorsement by the Company of the Third-Party Site, (ii) an acknowledgement of any affiliation with its operators or owners, or (iii) a warranty of any type regarding any information or offer on the Third Party Site. Your use of any Third-Party Site is governed by the various legal agreements and policies posted at that website.

9. Monitoring and Removal of Content
You authorize the Company to make inquiries and to receive information about your

credit history from others and to utilize such information in its decision regarding its provision of the Service to you. You agree that the Company may collect and disclose information concerning you and your use of the Service in the manner and for the purposes set forth herein and in the Company’s Privacy Policy (http://www2.ligtel.com/policies/privacypolicy.html). The Company will not discriminate in the application of its credit inquires on the basis of race, color, sex, creed, religion, sexual orientation, or marital status.

10. Privacy
You authorize the Company to make inquiries and to receive information about your credit history from others and to utilize such information in its decision regarding its provision of the Service to you. You agree that the Company may collect and disclose information concerning you and your use of the Service in the manner and for the purposes set forth herein and in the Company’s Privacy Policy (http://www2.ligtel.com/policies/privacypolicy.html).

11. No Spam or Other Unsolicited Bulk Email
The Company may immediately terminate any subscriber account that it determines, in its sole discretion, is transmitting or is otherwise connected with any “spam” or other unsolicited bulk email. You agree to pay the Company’s damages for “spam” or unsolicited bulk email transmitted from or otherwise connected with your account. Provided that such action is required by the Company in order to protect the integrity and customers’ use of the Company’s network and services as provided for in the Company’s Network Management Policy (http://www2.ligtel.com/policies/network-management-policy.html), the Company reserves the right to, reject or remove what it considers in its sole discretion to be “spam” or other unsolicited bulk email from the Service and the Company shall have no liability for blocking any email considered to be “spam.”

12. Termination and Surviving Obligations
Either party may terminate this Agreement at any time without cause by providing the other party with no less than twenty-four (24) hours written notice of such termination. In the event of termination by you, you must notify the Company by telephone or by a non-electronic written submission. Email submissions shall not constitute effective notice. The Company may notify you of termination by electronic or other means. You expressly agree that upon termination of this Agreement: (i) you will pay the Company in full for your use of any Equipment and Service up to the later of the effective date of termination of this Agreement or the date on which the Service and any Equipment have been disconnected and returned to the Company; (ii) you will permit the Company to access the Premises at a reasonable time to remove any Equipment and other material provided by the Company; (iii) you will ensure the immediate return of any Equipment to the Company and you will return or destroy all copies of any software provided to you pursuant to this Agreement; and (iv) the Company is authorized to delete any files, programs, data and email messages associated with such account. In the event the termination is by you and prior to a minimum term reflected in the Service Agreement or order form, you agree to immediately pay the early termination fee outlined therein.

13. Disclaimer of Warranties and Limitation of Liability
You expressly agree that the Company is not responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another’s rights including, without limitation, privacy and intellectual property rights, and you hereby release the Company for any such claims based on the activities of third parties. THE SERVICE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. NEITHER THE COMPANY, NOR ITS AFFILIATES OR ANY OF ITS SUPPLIERS OR LICENSORS, EMPLOYEES OR AGENTS WARRANT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL MALICIOUS AGENTS EVEN IF ANTI-VIRUS MECHANISMS ARE DEPLOYED. THE COMPANY DOES NOT WARRANT THAT ANY DATA OR ANY FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. UNLESS AND TO THE EXTENT OTHERWISE PROHIBITED BY LAW, ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE HEREBY EXCLUDED AND DISCLAIMED. THE COMPANY AND ITS EMPLOYEES, REPRESENTATIVES AND AGENTS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES, ARISING DIRECTLY OR INDIRECTLY, FROM THE INSTALLATION OR USE OF, THE LICENSED SOFTWARE, THE SERVICE (INCLUDING E-MAIL), EQUIPMENT FURNISHED BY THE COMPANY, OR THE COMPANY’S PROVISION OF TECHNICAL SERVICE AND SUPPORT FOR THE SERVICE, AND YOU AGREE THAT THIS DISCLAIMER OF LIABILITY APPLIES EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF A THE COMPANY INSTALLER, TECHNICIAN, OR CUSTOMER SERVICE REPRESENTATIVE AND YOU FURTHER AGREE THAT THIS DISCLAIMER OF LIABILITY INCLUDES ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE OR DAMAGES, REGARDLESS OF WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE COMPANY’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEEDING TWO (2)-MONTH PERIOD. YOU HEREBY RELEASE THE COMPANY, ITS EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, DISTRIBUTORS, OR BUSINESS PARTNERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. THE COMPANY IS ALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT.

Your sole and exclusive remedies under this Agreement are as expressly set forth herein.

14. Indemnification
You agree to indemnify and hold the Company, its affiliates, officers, directors and employees, harmless from any claim, demand, or damage, including costs and reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Service or the conduct or use of any persons who access the Services through your network. The Company will notify you within a reasonable period of time of any third-party claim for which the Company seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to the Company’s interests, as reasonably determined by the Company.

15. Management of Network, Maintenance
The Company reserves the right to manage its network for the greatest benefit of the greatest number of subscribers including, without limitation, the following: rate limiting, rejection or removal of “spam” or otherwise unsolicited bulk email, anti-virus mechanisms, traffic prioritization and protocol filtering as further described in the Company’s Network Management Policy. You expressly accept that such action on the part of the Company may affect the performance of the Service. The Company reserves the right to enforce limits on specific features of the Service including, without limitation, email storage (including deletion of dormant or unchecked email) and web hosting maximums. The Company will endeavor to perform planned service-affecting maintenance between 12:00 a.m. and 6:00 a.m. However, if exigent circumstances require maintenance at other time, the Company reserves the right to perform maintenance at such time as may be necessary. The Company will maintain a database of email contacts to be notified for maintenance that may be service affecting.

16. Copyright and Trademark Notices
Materials available on the Company website are or may be protected by copyright law. All other trademarks and service marks are the property of their respective owners.

17. Intellectual Property Infringement Claims
In accordance with Title 17, United States Code, Section 512(c)(3), if you believe that a web page hosted by the Company is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with the Company’s designated agent (http://www2.ligtel.com/policies/notice-of-copyright-infringement.html).

18. Dispute Resolution
YOU AND THE COMPANY AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING IN ANY WAY TO YOUR RELATIONSHIP WITH THE COMPANY, INCLUDING BUT NOT LIMITED TO THE PURCHASE OR USE OF ANY COMPANY PRODUCTS OR SERVICES, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU OR THE COMPANY MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IN THE COUNTY OF YOUR RESIDENCE OR NOBLE COUNTY, INDIANA, SO LONG AS THE CLAIMS QUALIFY UNDER THE JURISDICTIONAL REQUIREMENTS OF SUCH COURT.

THE ARBITRATION SHALL BE CONDUCTED BY A SINGLE ARBITRATOR UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) APPLICABLE TO CONSUMER DISPUTES. THE ARBITRATION WILL BE HELD IN ALLEN COUNTY, INDIANA OR ANY OTHER MUTUALLY AGREEABLE LOCATION. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD THE SAME DAMAGES AND RELIEF THAT A COURT COULD AWARD, SUBJECT TO THE LIMITATIONS SET FORTH IN THIS AGREEMENT. THE ARBITRATOR’S DECISION SHALL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL OR ON BEHALF OF THE GENERAL PUBLIC. FURTHER, UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A COURT DECIDES THAT ANY PART OF THIS AGREEMENT TO ARBITRATE (OTHER THAN THE PROHIBITIONS IN THIS PARAGRAPH) IS INVALID OR UNENFORCEABLE, THE OTHER PARTS OF THIS AGREEMENT TO ARBITRATE SHALL STILL APPLY. HOWEVER, IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES

ENFORCEMENT OF ANY OF THIS SECTION’S PROHIBITIONS AS TO A PARTICULAR CLAIM FOR RELIEF, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND MAY BE BROUGHT IN COURT.

YOU AND THE COMPANY KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT. YOU ALSO WAIVE ALL RIGHTS TO BRING ANY CLAIM, SUIT OR PROCEEDING MORE THAN ONE (1) YEAR AFTER THE DATE THE CAUSE OF ACTION AROSE.

IF ANY PART OF THIS SECTION GOVERNING DISPUTE RESOLUTION IS FOUND TO BE INVALID OR UNENFORCEABLE, THAT SPECIFIC PART SHALL BE SEVERED, AND THE REMAINDER OF THE PROVISION WILL REMAIN IN FULL FORCE AND EFFECT.

YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT BY PROVIDING WRITTEN NOTICE TO THE COMPANY WITHIN THIRTY (30) DAYS OF YOUR ACCEPTANCE OF THIS AGREEMENT AT THE ADDRESS LISTED BELOW. THE NOTICE MUST INCLUDE YOUR NAME, ADDRESS, AND A CLEAR STATEMENT THAT YOU WISH TO OPT OUT OF THIS AGREEMENT TO ARBITRATE ANY DISPUTE UNDER THIS AGREEMENT.

BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS ARBITRATION PROVISION, INCLUDING THE CLASS ACTION WAIVER, AND THAT YOU ARE VOLUNTARILY WAIVING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION TO OBTAIN RELIEF.

19. Governing Law and Jurisdiction
This Agreement shall be exclusively governed by, and construed in accordance with, the laws of the State of Indiana, without regard to its conflict of laws provisions.

20. Miscellaneous
This Agreement constitutes the entire agreement and understanding between the parties with respect to its subject matter and supersedes and replaces any and all prior written or oral agreements. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of its provisions shall remain in full force and effect. Nothing contained in this Agreement shall be construed to limit the Company’s rights and remedies available at law or in equity. The Company’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. This Agreement may not be assigned or transferred by you. This Agreement is freely assignable by the Company to third parties.

21. How to Contact Us
For any questions regarding this Subscriber Agreement, billing or other, please contact the Company at one of the following:
Email: [email protected]
Phone: (866) 544-8350
U.S. Mail: LigTel Communications, Inc.
414 South Cavin Street
Ligonier, IN 46767