Service
Agreement

The following terms (“Service Agreement”) describe the terms of use for fiber optic communication services and equipment including, but not limited to, residential and business high-speed internet services (“Service” or “Services”), provided by Lakeshore Fiber of Alpena, LLC (“LSFA”) doing business as Lakeshore Fiber (“LSF”). This Service Agreement outlines the terms and conditions under which LSF is providing Services and the binding obligations of You and Us. This Service Agreement and all documents incorporated or referenced herein may be amended from time to time, including without limitation LSF’s Acceptable Use Policy and Internet Transparency Policy. Current versions of these documents may be viewed at any time online at the bottom of the page of our website at https://www.lakeshorefiber.com. By using or paying for the Services, you are agreeing to these terms and conditions.

THIS IS A CONTRACT. PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AND OURS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE AND CONTACT US IMMEDIATELY TO TERMINATE IT.

  1. Scope of Services
    For purposes of this Agreement, “Service” or “Services” means the Residential or Business data services provided by LSF. Services may be provided directly by LSF or through other arrangements LSF has made with third parties and, where provided by third parties, are subject to your acceptance of third-party terms, including third party terms and policies related to the use of your information. By using or paying for the Service, you are agreeing to the terms and conditions in this Agreement, including service-specific terms of service referenced herein.
    Please review the applicable service terms and conditions as they contain essential information about your rights and obligations, and ours.
    References to “LSF”, “we” and “us” and to “you” include our respective subsidiaries, affiliates, agents, employees, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of LSF Service under this or prior agreements between us.

    1. Residential and Small Business Internet Services:
      This includes Fiber-to-the-home (FTTH) data internet services, including the fiber access cable, equipment to the Optical Network Unit (ONU) in the home, and a Wi-Fi router.
    2. Commercial Internet Services: This includes and is not limited to the following services:
      1. Fiber-to-the-home (FTTH) data internet services, including the fiber access cable, and equipment to the Optical Network Unit (ONU) in the business.
      2. A business-class Wi-Fi router, where specified.
      3. Fiber Data Services to a business-owned router, where specified
      4. Other services, including leased dark fiber, managed router environments, and other services as defined in the Service Order.
  2. Subscription and Payment Terms
    The applicable charges for the Services, including equipment charges, are described in the Service Order. Your invoice may also contain certain other charges (including, without limitation, interest on past due balances, reactivation fees, returned payment fees, special equipment fees, and other nonrecurring or recurring charges, and other cost recovery assessments) and you agree to pay such other charges by the due date set forth in your monthly invoice. You will be responsible for payment of technician service charges for visits by LSF or its subcontractors to your premises when a service request results from causes not attributable to LSF. It is your responsibility to review your bill carefully and contact LSF within thirty (30) days after receiving it if there are any charges you dispute or that are inconsistent with the information provided to you at the time you placed an order for Service.
    LSF may, at any time and in its sole discretion, change or modify the monthly rates, fees and surcharges you are billed for Services. We may notify you of any such changes by posting notice on the LSF website, by sending notice via e-mail or postal mail as described in the “Notice” section, below. Continuing to use the Service after notice of a change is acceptance of the change. If you do not agree to the change made by LSF, you must stop using the Service and notify us.

    1. Credit Approval, Billing & Payment
      You agree to allow LSF to conduct a credit check and Service installation is contingent upon having a satisfactory credit history. Billing for services will begin as of the service activation date (Installation is complete and service is verified by you) and billing accrues through and includes the day that the Service is discontinued.
      LSF will bill you monthly for all charges associated with the Service. Payment in full is due no later than the due date indicated on your bill. You are responsible for paying the bill. LSF may, in its sole discretion, retroactively bill you for Services and other fees and charges if it determines the prior billing was missed, incomplete or incorrect. If you have authorized payment by credit card or by debiting a bank account, no additional notice or consent is required before we invoice the credit card or debit the bank account for all amounts due to us for any reason.
    2. Paperless Billing 
      Paperless Billing, which is standard for all services provided, will be initiated upon service activation. You agree to view and pay your bill electronically each month and to promptly update your e-mail address with LSF if it changes. You will not receive a paper bill. Instead, each month you will receive an e-mail notifying you that your bill is available online for viewing and payment. If your electronic payment is rejected, LSF will notify you via email on the need to update your billing information. If the billing information is not updated by the due date and payment is not made, late charges will apply as outlined in the next section.
    3. Late/Other Charges
      You shall make all payments to LSF when due. If you have an open balance that has not been disputed which is past due for a period of 3 days, it is considered late. You understand that LSF issues an administrative late fee (“Late Fee”) of $7 for monthly charges not paid. If the balance is not paid for 7 days, the service will be disconnected until the account is paid in full.
      If Service is disconnected, LSF may impose a reconnect charge ($14), in addition to collecting any outstanding balance, including any Late Fee, before service is restored. If your payment is returned for insufficient funds, LSF may impose a service charge. If LSF does not receive paid amounts due by the due date, a collection agency and/or attorney may be engaged to collect amounts due. You agree to pay LSF for any amounts due, and all reasonable agency and attorney fees incurred, including, without limitation, court costs.
      If we do not receive notice of a payment dispute within sixty (60) days after your receipt of a bill, the bill will not be subject to further challenge by you.
  3. LSF Accounts
    You may need to set up one or more accounts (“LSF Account” or “Account”) to purchase or use products and Services. You are responsible for ensuring that any information you provide in connection with your LSF services, including contact information and billing information, is accurate and remains current.
  4. LSF Website and Portal:
    As part of the service account setup, you will be given a link to register for the LSF service portal. The LSF service portal is available on the LSF website and allows you to review bills, make payments and access technical help, when desired. LSF does not send a paper bill. Subscribers are encouraged to use the Autopay program to ensure regular and timely delivery of monthly payments and to receive a $5 discount.
    You are responsible for any activity that occurs on or through your LSF Accounts. We do not guarantee the security of your Accounts, and you are responsible for ensuring that your credentials for accessing or using your Accounts, such as your passwords and personal identification numbers or other personal information, are secure. If you learn of any unauthorized use of an LSF Account, please contact us immediately.
    Contact information can be found on the website at: https://lakeshorefiber.com
  5. Ownership of equipment/Risk of Loss
    Equipment and cabling installed by LSF in or on your premises to deliver LSF services, including without limitation, Network Interface Device (NID), Optical Network Units (ONUs), Wi-Fi routers, Wi-Fi Extenders, and cabling (“Equipment”), shall remain the sole and exclusive property of LSF. You and anyone using your LSF services shall not alter, misuse, repair, or in any manner tamper with the Equipment or outlets or remove from the Equipment any markings or labels. You are responsible for the safekeeping of all Equipment and assume the risk of loss, theft, or damage to all equipment at all times prior to the removal of the outside Equipment by LSF or return of the inside equipment by you.Upon termination of Service, you agree to return all inside Equipment in the operating condition as when received (reasonable wear and tear excepted) to LSF, as defined in the “LSF Equipment Return and Shipping Policy”, which can be found on the LSF website.
  6. Termination of Service:
    1. Termination of Service by You. You can terminate your service at any time by contacting LSF Customer Service.
      1. Inside Equipment: Inside equipment (Wireless router/ONU, LSF Wi-Fi Extender(s)) must be returned to LSF within 15 days of terminating the services, without penalty of replacement cost. The Equipment Return Procedure, which explains how to return the equipment, can be found on the LSFA website (https://www.lakeshorefiber.com).
      2. Outside Equipment: The NID, wiring and any other outside equipment shall remain permanently fixed at the service address unless removed by LSF. If you have any questions about the outside equipment, please contact the LSF helpdesk.
    2. Termination of Service by LSF When necessary, LSF may disconnect LSF Services at your location. This could be due to your bill not being paid, or some other activity that is not aligned with LSF Terms and Conditions. LSF will not give prior notice of disconnection. You understand and agree that LSF may charge your credit card or bank account on file at termination of Service in the amount of any outstanding balance and fees, and for the cost for any unreturned or damaged Equipment, in accordance with our LSF Equipment Return and Shipment Policy and applicable law.
  7. Theft of Service The receipt of Services without authorization is a crime. You understand that the law prohibits willful damage, alteration, or destruction of equipment. You may be subject to both civil and criminal penalties for such conduct. You shall not move equipment to another location or use it at an address other than the service address indicated on your Service Contract without prior authorization from LSF.
  8. Transfer of Account/Change of Residence Services shall only be provided at the address where LSF completes installation. Account holder may not transfer rights or obligations of the Services to any successor tenant or occupant or to any other address.
  9. Service & Repairs LSF will make reasonable efforts to maintain the system and respond to service calls in a timely manner. LSF will repair Equipment damaged due to reasonable wear and tear, acts of God, or technical malfunction. Physical damage to Equipment caused by intentional or negligent misuse is the sole responsibility of the person listed on the LSF Account. The person is responsible for paying the cost of repair or replacement along with any appropriate service call fees assessed.
  10. On Premises Access As a condition of receiving the Services, you grant LSF authorization to enter the building/structure at the Service address to construct, install, maintain, inspect, and/or replace all Equipment necessary to provide Services. Furthermore, as the owner of the premises at which the Services are provided, you will, upon request, grant to LSF a perpetual easement without charge on and through premises to construct, install, maintain, inspect and/or replace our Network Interface Device (NID), fiber lines and all Equipment necessary to provide the Services to you and others. If the person listed on the LSF Account is not the owner of the premises, by signing up for the service, they warrant that he/she has authority to grant such access to LSF or that he/she has obtained the consent from the owner of the premises for LSF to install and maintain Equipment as indicated on the Service Order.
  11. Warranty Disclaimer: Limitation on Damages Service is provided on an “As Is” and “As Available” basis without warranties of any kind, either express or implied. LSF does not warrant that service will be uninterrupted or error free.
    • LSF makes no warranty, express or implied, including any warranty of merchantability, fitness for a particular purpose or non-infringement of either the Equipment or Service furnished hereunder.
    • Limitation of Liability: LSF shall not be liable to Customer for indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with the Service or any acts or omission associated therewith, including any acts or omissions by subcontractors of LSF, or relating to any services furnished, whether such claim is based on breach of warranty, contract, tort or any other legal theory and regardless of the causes of such loss or damages or whether any other remedy provided herein fails.
    • Customer Exclusive Remedy: LSF’s entire liability and Customer’s exclusive remedy with respect to the use of the Services or any breach by LSF of any obligation LSF may have under these terms and conditions shall be Customer’s ability to terminate the Service or to obtain the replacement or repair of any defective Equipment. In no event shall LSF’s liability to Customer for any claim arising out of this Agreement exceed the amount paid by the Customer during the preceding 30-day period.
  12. CHOICE OF LAW, ARBITRATION AND VENUE:
    BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE, INCLUDING CHOICE OF LAW, ARBITRATION AND VENUE. SPECIFICALLY, YOU AGREE TO ARBITRATE ANY AND ALL CLAIMS, INCLUDING ALL STATUTORY CLAIMS, AND ANY STATE OR FEDERAL CLAIMS. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE OR SERVICES WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ALL CLAIMS SHALL BE DECIDED BY ONE ARBITRATOR APPLYING MICHIGAN LAW PURSUANT TO THIS PROVISION AND THE COMMERCIAL ARBITRATION RULES AND PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION CONDUCTED IN MICHIGAN.
  13. CUSTOMER INDEMNIFICATION CUSTOMER IS RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS LSF AND ITS EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS AND CONTRACTORS AND SHALL REIMBURSE US FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND COSTS) INCURRED BY LSF IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS AND CAUSES OF ACTION ARISING OUT OF (i) CUSTOMER USE OF THE SERVICE OR EQUIPMENT; (ii) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM CUSTOMER USE OF THE SERVICE OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; AND (iii) CUSTOMER BREACH OF ANY PROVISION OF THIS AGREEMENT.
  14. Service Interruptions LSF assumes no liability for interruption of Service beyond its control, including, without limitation, acts of God, natural disaster, fire, civil disturbance, strike, or weather. However, credit adjustments will be determined on a case-by-case basis.
  15. Internet Access Speeds The internet access speeds quoted are the maximum rates by which downstream/upstream internet access data may be transferred between LSF facilities and the network interface device at Member premise. The maximum rate is not guaranteed and may vary. The quoted speeds should not be confused with the speed at which LSF receives and sends internet access data through the public internet as such speeds are impacted by many factors beyond control of LSF. Actual internet speeds vary due to many factors including the capacity or performance of your equipment and its configuration, wiring and any wireless configuration, destination and traffic on the internet, internal network, or other factors at the internet site with which you are communicating, congestion on the network and the general speed of the public internet. The actual speed may affect your on-line experience, including your ability to view streaming video and speed of downloads. Except as otherwise provided by law, LSF reserves the right to implement network management controls to optimize and ensure that adequate speed and data transfer is available to all LSF internet service subscribers.
  16. Internet Use You understand that its use of the Services is subject to LSF’s Acceptable Use Policy. The policies can be found at the bottom of the LSF website (https://www.lakeshorefiber.com). Further, you agree to comply with all applicable laws in connection with your use of the Services and this Services Agreement. You assume all responsibility and liability for the security of information on personal devices, including, but not limited to, computer information transmitted or received through the Services. LSF assumes no responsibility and disclaims any liability for the security of any information on Member personal devices, or the security or accuracy of any information or data transmitted or received through the Services. LSF has no responsibility and disclaims any liability for unauthorized access by third persons to your personal devices, files, or data or any loss or destruction of files or data.
  17. Troubleshooting LSF’s Technical Support Team is available 24/7 and may be contacted at (989) 321-9889 or via the website portal (https://portal.lakeshorefiber.com/) or at support@lakeshorefiber.com for technical support related to the Services.
  18. Compliance with Agreement LSF reserves the right to suspend performance or terminate Service for the breach of any of these Terms and Conditions or LSF’s policies related to the Services.
  19. Notices   All notices and communications under the Agreement shall be in writing and shall be given as follows:
    To Subscribers: Notices shall be given by i) The LSF website, personal delivery, recognized national overnight courier service or registered/certified mail at the billing address of record or the email address of record of the Account.
    To LSF: Notices shall be given by personal delivery, recognized overnight courier service or registered/certified mail at the following address:
    Lakeshore Fiber Legal Department
    19831 M 68 Hwy
  20. Miscellaneous The Service Agreement, including the Service Order, as applicable, represents the entire agreement of the Parties with respect to the subject matter hereof and supersedes all other agreements, written or oral, between the Parties relating to the Services. Any modification to this Service Agreement shall be in writing signed by authorized representatives of both Parties. No term or provision herein shall be waived, and no breach or default excused, unless such waiver or consent is in writing and signed by the Party to which it is attributed. No consent by a Party to, or waiver of, a breach or default by the other, whether expressed or implied, shall constitute a consent to or waiver of any subsequent breach or default. If any provision of the Agreement shall be held to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render the Agreement unenforceable, but rather the Agreement shall be construed as if not containing the invalid or unenforceable provision. The Agreement shall be interpreted, construed, and enforced in accordance with the laws of the State of Michigan, without regard to its conflict of laws principles. Each party consents to personal jurisdiction in the state and federal courts of the State of Michigan.