Service
Agreement

Lakeshore Fiber Service Agreement
Terms and Conditions

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 (“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.

 

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.

1.1 Residential Internet Services - this includes and is not limited to the following 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.

1.2 Business Internet Services - this includes and is not limited to the following services:

• Fiber-to-the-premise (FTTP) data internet services, including the fiber access cable, and equipment to the Optical Network Unit (ONU).
• A LSF business-class Wi-Fi router, where specified.
• Fiber Data Services to a business-owned router, where specified.
• LSF Outdoor, P2P (point-to-point), gateway, and similar equipment, where specified.
• Other services, including leased dark fiber, managed router environments, and other services as defined in the Service Order.

Potential Construction for Business Internet Services

For Business services, additional construction may be required to deliver service to your location. Lakeshore Fiber engineers its network within existing power easements; however, if your premises require construction outside these easements or involve complex delivery requirements, additional costs may apply. These costs vary based on the specific services and options selected and will be determined on a case-by-case basis during the Site Survey process. In some instances, Lakeshore Fiber may waive certain costs, but such waivers are not guaranteed. A customer contribution may be requested to proceed with construction prior to the construction or installation taking place. All construction and related charges will be disclosed after Site Survey completion and before scheduling construction.

2. Subscription and Payment Terms

The applicable charges for the Services, including equipment charges, are described in the Service Order and/or the monthly electronic statement provided by LSF to customer. 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. LSF will notify you via email, prior to your next billing cycle, if there are any fee amount changes. You will be responsible for a variable 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.

3. Service Term Options

The customer may choose between a month-to-month service term or a 24-month price lock term. If the customer selects the 24-month price lock term, they agree to a fixed service term of twenty-four (24) months, beginning on the Service Activation Date, at the current rate of service offerings at the time of activation, which will remain fixed for the duration of the term. “Service Activation Date” means the date on which LSF confirms that the service is active and usable by the Customer, following installation and verification.

3.1 Early Termination Fees

Customers on month-to-month service terms are not subject to early termination fees. If a customer opts into the 24-month price lock term and terminates service before the end of the term — for any reason other than LSF’s uncured material breach — an Early Termination Fee (ETF) of ten dollars ($10.00) per full month remaining in the term will apply. The customer agrees that this fee is a reasonable estimate of LSF’s damages and not a penalty. ETF applies if Customer cancels or materially reduces service before the end of the Term, again, unless due to LSF’s uncured material breach.

3.2 Renewal Process

• Notice of Renewal Options: LSF will contact Customer approximately 2–3 months prior to the end of the Term with renewal options, which may include updated pricing, terms, or service plans.
• Customer Selection: If Customer selects and signs a new agreement prior to the Term’s expiration, the new agreement will govern upon successful completion of current term.
• Default Renewal: If Customer does not select a renewal option and does not cancel Service prior to the end of the Term, the Agreement will automatically continue on a month-to-month basis at LSF’s then-current rates.

Renewal pricing and terms may differ from those in effect during the initial Term.

3.3 Service Transfer or Relocation

If Customer relocates to a serviceable address within LSF’s coverage area, the remaining Term will transfer. If Customer relocates outside LSF’s service area, Early Termination Fees will apply.

3.4 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.

3.5 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.

3.6 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 ($10.00), 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. LSF may terminate service immediately for non-payment, fraud, abuse, or violation of any material term of this Agreement. Such termination does not relieve Customer of any obligation to pay applicable fees, including ETFs.

 

4. 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.

 

5. Underground Services and Temporary Service Drops

In certain circumstances, Lakeshore Fiber may install a temporary fiber drop to provide service promptly. The temporary drop is intended as a short-term solution and may not follow the standard power easement. It will be placed in the safest manner possible to deliver service. Following installation, the customer is solely responsible for maintaining the safety and integrity of the temporary drop, including preventing damage, obstruction, or hazards. Lakeshore Fiber assumes no liability for any damage, injury, or loss arising from the temporary drop after installation. Lakeshore Fiber will return within thirty (30) days from the installation date, weather permitting, to properly bury the fiber in accordance with standard practices. Delays may occur due to adverse conditions such as frozen ground or other environmental factors beyond Lakeshore Fiber's control.

6. 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.

 

7. 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, unless specifically requested – there is a small fee in the form of service charge that will be added to your monthly bill. Subscribers are encouraged to use the Autopay program to ensure regular and timely delivery of monthly payments and to receive a $5.00 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 available at: www.lakeshorefiber.com.

8. 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. Failure to return equipment within 15 days of termination may result in a replacement charge of up to $500 per device.

9. Termination of Service

9.1 Termination of Service by You:

You can terminate your service at any time by contacting LSF Customer Service.

9.1.1 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).

9.1.2 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 LSF Customer Service.

9.2 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.

10. Fee Transparency

The below table provides potential fees, should an account go delinquent or cancel before the service term is satisfied. Contact LSFs customer service team at (989) 321-9889, or via email (support@lakeshorefiber.com) for additional information or details.

 

Reason or Fee Type	Cost and Details
Late Fee	$7 per Account
Reconnect Fee	$10 per Account
Cancellation Fee (Price Lock)	$10 per Account, per Remaining Full Month of Term
Non-Returned Equipment Fee	Up to $500 per Device; varies by model

Note: These fees should not be confused with recurring monthly service charges. However, applicable fees, when warranted, will be added to the same monthly statement invoiced.

 

11. 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.

 

12. Transfer of Account

Account holder may not transfer rights or obligations of the Services to any successor tenant or occupant or to any other address.

13. 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. LSF does not hold any liability to customer owned Equipment that operates with or is hooked up to LSF provided Equipment.

13.1 Residential Services: Response times for residential service issues are not guaranteed but will be handled as quickly as possible based on availability and scheduling.

13.2 Business Services: For business customers, Lakeshore Fiber will dispatch a technician within four (4) hours of being notified by the customer of a service outage or repair need. This commitment applies during standard operating business hours and excludes circumstances beyond Lakeshore Fiber’s control (e.g., severe weather, natural disasters, or other force majeure events).

14. Troubleshooting

LSF’s Technical Support Team is available 24/7 and may be contacted at (989) 321-9889, via the website portal (https://portal.lakeshorefiber.com),  or an email (support@lakeshorefiber.com) for technical support related to the Services. Maintenance personnel will be available twenty-four (24) hours a day, (7) days a week for emergencies. For non-emergency related issues impacting service, next business day is often scheduled directly with the customer.

 

15. Interruption/Outage Start, Stop, and Communications

Once the LSF has identified or restored a service interruption, LSF will notify customers via email and/or SMS text messaging. A service interruption is deemed to begin when customer contacts Technical Support and a ticket is created, or a Mass Critical outage is acknowledged by LSF’s Network Operations Center (NOC).  The interruption/outage ends when the service has been restored.

16. 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.

17. System and Network Maintenance

Lakeshore Fiber and Customer agree to the following regarding maintenance of Lakeshore Fiber-provided services:

17.1 Preventative Maintenance:

Routine repairs, upgrades, or changes to hardware or software intended to improve service or increase capacity. This work may temporarily affect service quality or cause brief outages. Lakeshore Fiber will              typically perform Preventative Maintenance between 12:00 a.m. and 5:00 a.m. local time and will provide at least three (3) business days prior notice by email and/or SMS text messaging to the designated              contact.

17.2 Emergency Maintenance:

Unexpected repairs necessary to restore service or prevent an outage. These repairs may temporarily affect service quality or cause interruptions. Lakeshore Fiber may perform Emergency Maintenance at any time but will attempt to schedule during maintenance windows when feasible. Notice will be provided to customers as soon as reasonably possible under the circumstances.

 

18. 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.

19. 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.

 

20. 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.

 

21. Communications

LSF may communicate with the Customer via email and text message (SMS) for purposes including, but not limited to:

• Service agreement updates and confirmations
• Important account information
• Appointment scheduling and reminders
• Service-related notifications (e.g., outages, upgrades, maintenance)
• Terms and conditions updates
• By subscribing to LSF services, the Customer consents to receive such communications. Text message communications are optional, and the Customer may opt out of receiving SMS messages at any time by replying “STOP” or by contacting LSF directly. Opting out of SMS messages will not affect the delivery of essential service-related communications via email.

LSF complies with all applicable federal and state laws regarding electronic communications, including the Telephone Consumer Protection Act (TCPA). By voluntarily subscribing to LSF services, the Customer acknowledges and agrees that LSF is permitted to send service-related text messages and emails without violating applicable laws, provided such communications are directly related to the services the Customer has agreed to receive.

22. 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.

23. Internet Use

You understand that 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.

24. 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.

 

25. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations (other than payment) caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government actions, or failures of third-party networks. The affected party must notify the other promptly and use reasonable efforts to resume performance. If such event continues for more than thirty (30) days, either party may terminate this Agreement without penalty by written notice.

26. 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, Onaway, MI 49765

Official notices may also be delivered via email to the address on file, and such delivery shall be deemed sufficient notice under this Agreement.

27. 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 authorize  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.

28. Hold Harmless

Lakeshore Fiber is committed to completing your project on time and in a professional manner. When it is time to connect your home to the fiber network, in some cases, the fiber will be installed underground. The general rule is that the route of the fiber will follow the route of your electric service – overhead or underground.

If we are installing underground service at your location, we will call MISS DIG to mark all underground commercial utility services (such as electric, gas, and cable) in the planned cable route, but they will not mark any items that are customer-owned (such as septic systems, wells, sprinkler systems, pet fences, etc.).  You are responsible to tell Lakeshore Fiber that these customer-owned items exist and to mark them in your yard, after MISS DIG has flagged your property. Also, despite our most diligent efforts, ruts or other cosmetic property damage may result as we move vehicles or equipment onto your property.   We will make every effort to minimize this occurrence.

The Hold Harmless Agreement is limited to the service location requesting service. Refusal to accept this agreement will delay the completion of this work and related services. If you have specific questions or concerns, please contact our Business Office at 989-321-9889.

Hold Harmless Agreement

By agreeing to the Lakeshore Fiber Service Agreement, I also agree that Lakeshore Fiber is not responsible for damage to any unmarked, customer-owned underground facilities as it relates to work at the service location.  This includes secondary electric, water, phone, gas, septic, well-head, and any other underground facilities/structures. I further agree that Lakeshore Fiber is not responsible for yard or property damage incurred as a result of accessing property for this project.

24-Month Term Service Agreement

This Addendum (“Addendum”) is entered into by and between Lakeshore Fiber of Alpena, LLC (“LSF”) and the undersigned Customer (“Customer”) and is effective as of the date of Customer’s signature below. This Addendum modifies and supplements the Lakeshore Fiber Service Agreement (the “Agreement”), which remains in full force and effect.

1. Term Commitment

Customer agrees to a fixed service term of twenty-four (24) months (“Term”) beginning on the Service Activation Date.

2. Early Termination

If Customer terminates Service before the end of the Term for any reason other than LSF’s uncured material breach, Customer shall pay an Early Termination Fee (ETF) equal to ten dollars ($10.00) per full month remaining in the Term. Customer agrees this fee is a reasonable estimate of LSF’s damages and not a penalty.

3. Renewal Process

• Notice of Renewal Options: LSF will contact Customer approximately 2–3 months prior to the end of the Term with renewal options, which may include updated pricing, terms, or service plans.
• Customer Selection: If Customer selects and signs a new agreement prior to the Term’s expiration, the new agreement will govern upon successful completion of current term.
• Default Renewal: If Customer does not select a renewal option and does not cancel Service prior to the end of the Term, the Agreement will automatically continue on a month-to-month basis at LSF’s then-current rates.

4. Rates and Pricing

Rates for Services under this Addendum apply for the 24-month Term, except for applicable taxes, government-imposed fees, or surcharges beyond LSF’s control. Renewal pricing and terms may differ from those in effect during the initial Term.

5. Service Transfer / Relocation

If Customer relocates to a serviceable address within LSF’s coverage area, the remaining Term will transfer. If Customer relocates outside LSF’s service area, Early Termination Fees will apply.

6. Suspension of Service

Suspension of Service for nonpayment or violation of the Agreement shall not relieve Customer of its obligations under this Addendum, including payment of monthly service charges and Early Termination Fees, unless Service is permanently terminated by LSF.

7. Equipment Return

Customer must return all LSF-provided equipment upon termination of Service or expiration of the Term, in accordance with the Agreement. Failure to return equipment may result in additional charges.

8. Changes in Law or Regulation

LSF reserves the right to modify the Services, pricing, or terms of this Addendum as necessary to comply with applicable laws, regulations, or governmental orders without liability.

9. Assignment

Customer may not assign or transfer this Addendum or the Agreement without LSF’s prior written consent. Any attempted assignment without consent shall be null and void.

10. Entire Agreement

This Addendum, together with the Service Agreement, represents the entire agreement between the parties regarding the Term commitment and supersedes all prior or contemporaneous statements, representations, or understandings, whether oral or written. In the event of a conflict, this Addendum shall control.

Lakeshore Fiber Business Enterprise

Service Agreement Terms and Conditions

The following terms (“Service Agreement”) describe the terms of use for fiber optic communication services and equipment including, but not limited to, Business Enterprise internet services (“Service” or “Services”), provided by Lakeshore Fiber (“LSF”). Business Enterprise may be referred to as “Enterprise” throughout this agreement. 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.

1. Scope of Services

For purposes of this Agreement, “Service” or “Services” means the Enterprise 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.

Business Enterprise/Enterprise Services - this includes and is not limited to the following services:

• Fiber-to-the-premise (FTTP) data internet services, including the fiber access cable, and equipment to the Optical Network Unit (ONU).
• A LSF business-class Wi-Fi router, where specified.
• Fiber Data Services to a business-owned router, where specified.
• LSF Outdoor, P2P (point-to-point), gateway, and similar equipment, where specified.
• Other services, including leased dark fiber, dedicated internet access, shared internet access, managed router environments, and other services as defined in the Service Order.

Potential Construction for Business Enterprise Internet Services

For Business Enterprise services, additional construction may be required to deliver service to your location. Lakeshore Fiber engineers its network within existing power easements; however, if your premises require construction outside these easements or involve complex delivery requirements, additional costs may apply. These costs vary based on the specific services and options selected and will be determined on a case-by-case basis during the Site Survey process. In some instances, Lakeshore Fiber may waive certain costs, but such waivers are not guaranteed. A customer contribution may be requested to proceed with construction prior to the construction or installation taking place. All construction and related charges will be disclosed after Site Survey completion and before scheduling construction or installation activities.

2. Subscription and Payment Terms

The applicable charges for the Services, including equipment charges, are described in the Service Order and/or the monthly electronic statement provided by LSF to customer. 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. LSF will notify you via email, prior to your next billing cycle, if there are any fee amount changes. You will be responsible for a variable 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.

3. Service Term

The Customer agrees to a fixed service term of thirty-six (36) months, beginning on the Service Activation Date, at the agreed-upon enterprise rate specified in the executed Service Order. This rate will remain fixed for the duration of the term, subject to any additional charges for upgrades, add-on services, or usage beyond the agreed scope. “Service Activation Date” means the date on which Lakeshore Fiber confirms that the service is active and usable by the Customer, following installation and verification.

3.1 Early Termination Fees

In the event of early termination, for any reason other than LSF’s uncured material breach, an Early Termination Fee (ETF) of twenty dollars ($20.00) per full month remaining in the term, for each customer account, will apply. The customer agrees that this fee is a reasonable estimate of LSF’s damages and not a penalty. ETF applies if Customer cancels or materially reduces service before the end of the Term, again, unless due to LSF’s uncured material breach.

3.2 Renewal Process

• Notice of Renewal Options: LSF will contact Customer approximately 2-3 months prior to the end of the Term with renewal options, which may include updated pricing, terms, or service plans.
• Customer Selection: If Customer selects and signs a new agreement prior to the Term’s expiration, the new agreement will govern upon successful completion of current term.
• Default Renewal: If Customer does not select a renewal option and does not cancel Service prior to the end of the Term, the Agreement will automatically continue on a month-to-month basis at LSF’s then-current rates.

Renewal pricing and terms may differ from those in effect during the initial Term.

3.3 Service Upgrades

In the event any customer desires to upgrade their service capacity beyond the current agreement, Lakeshore Fiber agrees to renegotiate the terms without any termination liability for cancelling.

 

3.4 Service Transfer or Relocation

If Customer relocates to a serviceable address within LSF’s coverage area, the remaining Term will transfer. If Customer relocates outside LSF’s service area, Early Termination Fees will apply.

3.5 Credit Approval, Billing & Payment  

You agree to allow LSF to conduct a credit check (if necessary) 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.

3.6 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.

3.7 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, per customer account, 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 ($10.00), 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. LSF may terminate service immediately for non-payment, fraud, abuse, or violation of any material term of this Agreement. Such termination does not relieve Customer of any obligation to pay applicable fees, including ETFs.

4. 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.

 

5. Underground Services and Temporary Service Drops

In certain circumstances, Lakeshore Fiber may install a temporary fiber drop to provide service promptly. The temporary drop is intended as a short-term solution and may not follow the standard power easement. It will be placed in the safest manner possible to deliver service. Following installation, the customer is solely responsible for maintaining the safety and integrity of the temporary drop, including preventing damage, obstruction, or hazards. Lakeshore Fiber assumes no liability for any damage, injury, or loss arising from the temporary drop after installation. Lakeshore Fiber will return within thirty (30) days from the installation date, weather permitting, to properly bury the fiber in accordance with standard practices. Delays may occur due to adverse conditions such as frozen ground or other environmental factors beyond Lakeshore Fiber's control.

 

6. 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.

 

7. 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 $5.00 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 available at: www.lakeshorefiber.com.

8. 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. Failure to return equipment within 15 days of termination may result in a replacement charge of up to $500 per device.

9. Termination of Service

              9.2 Termination of Service by You:

You can terminate your service at any time by contacting LSF Customer Service.

9.2.1 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).

9.2.2 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 LSF Customer Service.

9.2.3 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.

 

10. Fee Transparency

The below table provides potential fees, should an account go delinquent or cancel before the service term is satisfied. Contact LSFs customer service team at (989) 321-9889, or via email (support@lakeshorefiber.com) for additional information or details.

 

Reason or Fee Type	Cost and Details
Late Fee	$7 per Account
Reconnect Fee	$10 per Account
Cancellation Fee	$20 per Account, per Remaining Full Month of Term
Non-Returned Equipment Fee	Up to $500 per Device; varies by model

Note: These fees should not be confused with recurring monthly service charges. However, applicable fees, when warranted, will be added to the same monthly statement invoiced.

11. 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.

 

12. Transfer of Account

Account holder may not transfer rights or obligations of the Services to any successor tenant or occupant or to any other address.

13. Equipment Repairs

LSF will repair LSF Equipment damaged due to reasonable wear and tear, acts of God, or technical malfunction. Physical damage to LSF 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. LSF does not hold any liability to customer owned Equipment that operates with or is hooked up to LSF provided Equipment.

14. Troubleshooting

LSF’s Technical Support Team is available 24/7 and may be contacted at (989) 321-9889, via the website portal (https://portal.lakeshorefiber.com),  or an email (support@lakeshorefiber.com) for technical support related to the Services. Maintenance personnel will be available twenty-four (24) hours a day, (7) days a week for emergencies. For non-emergency related issues impacting service, next business day is often scheduled directly with the customer.

15. Service Level Agreement

Lakeshore Fiber guarantees 99.9% network uptime per calendar month. In the event of service disruption, Lakeshore Fiber will use commercially reasonable efforts to restore service within a Mean Time to Repair (MTTR) of four (4) hours, unless otherwise approved for restoration at a later day and time with customer approval. Mass Critical outages will be monitored 24/7 and proactive communications will be sent to customers as updates are obtained – typically in hourly increments. Priority accounts, such as Enterprise and Wholesale customers, will take priority for service restoration. SLA service credits may be available – refer to applicable sections for additional details. Planned maintenance windows, including Preventative Maintenance and scheduled upgrades, as well as Emergency Maintenances, are excluded from SLA and subsequent SLA credit eligibility. If customer approves of restoration beyond the MTTR, for non-emergencies, the customer also waives their SLA credit eligibility.

16. Interruption/Outage Start, Stop, and Communications

Once the LSF has identified or restored a service interruption, LSF will notify customers via email and/or SMS text messaging. A service interruption is deemed to begin when customer contacts Technical Support and a ticket is created, or a Mass Critical outage is acknowledged by LSF’s Network Operations Center (NOC).  The interruption/outage ends when the service has been restored.

17. Interruption/Outage Transmission

In the event of an interruption/outage transmission of customer services under this agreement, customers shall be entitled to a credit for the LSF provided portion of the affected circuit in an amount equivalent to the proportionate monthly charges as provided in the illustration below (A), subject to the provisions of below (B). For the purpose of this section, interruption/outage is defined as any loss of transmission of more than thirty (30) minutes duration that is not the fault or negligence of customer, and not part of a scheduled service interruption.

Service Unavailability	Network Interruption Credit Allowance (A)
30 Min - 6 hours	10% of monthly recurring charge for affected circuit
6 hours - 12 hours	20% of monthly recurring charge for affected circuit
12 hours - 24 hours	30% of monthly recurring charge for affected circuit
24 hours or more	50% of monthly recurring charge for affected circuit

(B) LSF is not responsible for service failures caused by events beyond its control, such as natural disasters, vandalism, third-party cable cuts, government actions, labor disputes, or supplier issues. This does not include cable cuts caused by LSF or its contractors. Planned maintenance windows, including Preventative Maintenance and scheduled upgrades, as well as Emergency Maintenances, are excluded from SLA and subsequent SLA credit eligibility. If customer approves of restoration beyond the MTTR, for non-emergencies, the customer also waives their SLA credit eligibility.

18. Service Interruption/Outage and Liability

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 omissions associated therewith, including 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.
• Exclusive Remedies: Customer’s sole and exclusive remedies for any service interruption or outage shall be:
  • Service credits as outlined in the SLA.
  • Repair or replacement of 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. This unified clause supersedes any conflicting language in prior sections and consolidates all limitations and remedies for clarity.

 

19. Service Credit Processing

If Lakeshore Fiber fails to meet the Service Level Agreement (SLA), Customer may request service credit by submitting a written claim within thirty (30) days of the incident. The claim must include the date, time, and nature of the outage. Submit claims directly to support@lakeshorefiber.com. Credits will not be issued automatically and will be applied to the next billing cycle after verification. See Service Interruption/Outage sections for additional details or information.

 

20. System and Network Maintenance

Lakeshore Fiber and Customer agree to the following regarding maintenance of Lakeshore Fiber-provided services:

20.2 Preventative Maintenance:

Routine repairs, upgrades, or changes to hardware or software intended to improve service or increase capacity. This work may temporarily affect service quality or cause brief outages. Lakeshore Fiber will typically perform Preventative Maintenance between 12:00 a.m. and 5:00 a.m. local time and will provide at least three (3) business days prior notice by email and/or SMS text messaging to the designated contact. Planned maintenance downtime will not be considered an outage and is not eligible for outage credits under the SLA.

20.3 Emergency Maintenance:

Unexpected repairs necessary to restore service or prevent an outage. These repairs may temporarily affect service quality or cause interruptions. Lakeshore Fiber may perform Emergency Maintenance at any time but will attempt to schedule during maintenance windows when feasible. Notice will be provided to customers as soon as reasonably possible under the circumstances. Emergency maintenance downtime will not be considered an outage and is not eligible for outage credits under the SLA.

21. 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.

 

22. 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.

 

23. Communications

LSF may communicate with the Customer via email and text message (SMS) for purposes including, but not limited to:

• Service agreement updates and confirmations
• Important account information
• Appointment scheduling and reminders
• Service-related notifications (e.g., outages, upgrades, maintenance)
• Terms and conditions updates
• By subscribing to LSF services, the Customer consents to receive such communications. Text message communications are optional, and the Customer may opt out of receiving SMS messages at any time by replying “STOP” or by contacting LSF directly. Opting out of SMS messages will not affect the delivery of essential service-related communications via email.

LSF complies with all applicable federal and state laws regarding electronic communications, including the Telephone Consumer Protection Act (TCPA). By voluntarily subscribing to LSF services, the Customer acknowledges and agrees that LSF is permitted to send service-related text messages and emails without violating applicable laws, provided such communications are directly related to the services the Customer has agreed to receive.

24. 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 online 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.

25. Internet Use

You understand that 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.

26. 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.

27. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations (other than payment) caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government actions, or failures of third-party networks. The affected party must notify the other promptly and use reasonable efforts to resume performance. If such event continues for more than thirty (30) days, either party may terminate this Agreement without penalty by written notice.

 

28. 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, Onaway, MI 49765

Official notices may also be delivered via email to the address on file, and such delivery shall be deemed sufficient notice under this Agreement.

 

29. 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 authorize  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.

30. Hold Harmless

Lakeshore Fiber is committed to completing your project on time and in a professional manner. When it is time to connect your business to the fiber network, in some cases, the fiber will be installed underground. The general rule is that the route of the fiber will follow the route of your electric service – overhead or underground.

If we are installing underground service at your location, we will call MISS DIG to mark all underground commercial utility services (such as electric, gas, and cable) in the planned cable route, but they will not mark any items that are customer-owned (such as septic systems, wells, sprinkler systems, pet fences, etc.).  You are responsible to tell Lakeshore Fiber that these customer-owned items exist and to mark them in your yard, after MISS DIG has flagged your property. Also, despite our most diligent efforts, ruts or other cosmetic property damage may result as we move vehicles or equipment onto your property.   We will make every effort to minimize this occurrence.

The Hold Harmless Agreement is limited to the service location requesting service. Refusal to accept this agreement will delay the completion of this work and related services. If you have specific questions or concerns, please contact our customer service team at (989) 321-9889, or via email (support@lakeshorefiber.com).

Hold Harmless Agreement

By agreeing to the Lakeshore Fiber Service Agreement, I also agree that Lakeshore Fiber is not responsible for damage to any unmarked, customer-owned underground facilities as it relates to work at the service location. This includes secondary electric, water, phone, gas, septic, well-head, and any other underground facilities/structures. I further agree that Lakeshore Fiber is not responsible for yard or property damage incurred as a result of accessing property for this project.