LIGHTSPEED SUBSCRIBER TERMS AND CONDITIONS AGREEMENT
By signing electronically below, You are entering into a legal and binding agreement by and between You (“You” or “Subscriber”), and LightSpeed Communications, LLC (“LS”) under the following terms and conditions:
INSTALLATION AND USE OF THE SERVICE BY SUBSCRIBER CONSTITUTES IMPLIED CONSENT OF THIS AGREEMENT.
Definitions. The term “Service” refers to the high-speed Internet access and other networking services included in Subscriber’s Service Plan, as stated in the Order Form. The term “Service Plan” refers to the Internet access speed and other services and monthly pricing associated with the level of service selected by Subscriber, as stated in the Order Form. The term “Equipment” refers to the equipment to be provided by LS or its designated agent(s) in conjunction with the Service, as stated in the Order Form. The term “Premises” refers to Subscriber's service address where the Equipment is to be installed, as stated in the Order Form.
Term. Your term shall begin on the first date service is installed (“Service Activation”) and shall remain in effect on a month-to-month basis until cancelled by either party. Either party may terminate this Agreement with notice.
Pricing. The pricing for the Service is indicated on the Order Form. There will be no price increase to the Service Plan for the first 24 consecutive billing periods so long as Subscriber maintains continual service, unless an increase is necessitated by a change in law or is otherwise outside of the control of LS.
30-Day Satisfaction Guarantee. Subscriber is entitled to a refund of the First Payment if the Agreement is cancelled within 30 days following acceptance of service. If you try the service and decide you don't like it, we will refund your payment, conditional on return of any rental equipment.
LightSpeed does not collect and sell your Internet browsing history.
Taxes and Government Required Fees. Pricing indicated on Your Order Form does not include any government related taxes or fees. Taxes and government-fees are subject to change from time to time. Subscriber agrees to pay all taxes and government-required fees if they apply to Your account or service plan.
Billing. All monthly charges are billed in advance on or about the anniversary date of Your Service Activation. All monthly service fees will be collected automatically from Subscriber’s credit card kept on file. A valid payment method must be kept on file. Services are purchased in a minimum of 1-month periods and will not be pro-rated if cancelled for any reason before the end of a period. Invoices and payment receipts will be sent to Your email address kept on file.
Fees. You agree to pay all fees when due:
1. Insufficient Funds (Bounced check) fee.
• First Occurrence $25
• Second Occurrence: $25 plus security deposit.
2. Reactivation fee for accounts deactivated for non-payment.
• First occurrence: $25
• Second occurrence: $25 plus security deposit.
3. A Late Payment Fee will be charged to all accounts remaining unpaid more than 20 days past the due date. $15
4. Finance charge on unpaid balances 2% monthly
5. Damage or theft of LS owned equipment: Actual cost of repair or replacement.
Availability / Interruption Guarantee. The Service should be available for use 100% of the time as measured during any billing period. Unscheduled and complete interruptions of service resulting from LS failure (and not because of Subscriber's actions, equipment or where the ability to cure an outage is within Subscriber's control) shall be entitled to a service credit, upon request, equal to the following:
• Up to 24 hours cumulative downtime = 2 days service credit
• Each additional 24 hour period downtime = 2 days service credit
• Over 4 days downtime = 1 month credit
• Credits shall not exceed the total Service Plan fees charged in the same period. A claim for a service credit as provided in this section must be received in writing, via email to firstname.lastname@example.org and must be received no later than 5 DAYS following the interruption.
THESE SERVICE COMMITMENTS AND CREDITS ARE ONLY APPLICABLE FOR AVAILABILITY OF CONNECTIVITY FROM THE LIGHTSPEED NETWORK TO THE ONT. WE DO NOT MAKE GUARANTEES AS TO THE AVAILABILITY OR SERVICE QUALITY RELATED TO SUBSCRIBER EQUIPMENT, WIFI EQUIPMENT, INTERNAL HOME/BUILDING WIRING OR ANY INTERNET SERVICE/WEB SITE OUT OF THE CONTROL OF LIGHTSPEED OR FOR INTERRUPTIONS THAT ARE A RESULT OF FORCE MAJEUR EVENT.
Property Access. You must provide a grounded electrical outlet for installation of equipment. By entering into this Agreement, You affirm that LS is authorized by the property owner of the installation site to install the necessary devices to provide the Service to You and that You will cooperate with LS to coordinate and gain whatever approvals and rights of access may be necessary to provide the Service to You. LS will not be responsible for demarc extension or inside wiring charges unless specified in the Order Form.
Termination of Agreement. Subscriber may terminate service with 30 days advanced written notice, but no refunds or credits will be provided for cancellations made effective prior to the end of the current service period. Termination notices must be submitted via email to email@example.com and must be sent from Your billing account email address (the account we use to correspond with You for payments and invoices) include Your account name, service address and desired termination date. For Your protection, we will request confirmation from the billing email address kept on file. Termination notices received after 5pm or on non-business days will be considered as received the following business day. For Subscribers renting equipment, your termination will be effective on the date you return all rental equipment in good working order or you will be charged full replacement value of rental equipment.
LS may terminate this agreement upon any of the following conditions:
1. With 30 days advanced written notice for any reason.
2. Immediately, without notice, for any account balance that remains unpaid past the payment due date.
Equipment. All equipment and wiring installed at the Subscriber's premise is for use with the LS service only and may not be modified or tampered with in any way without prior written permission of LS. All equipment and wiring shall remain the exclusive property of LS and will be returned within 10 business days upon request. Subscriber shall take reasonable efforts to insure the LS equipment shall be protected and not mistreated. Any damages to the LS equipment shall be the responsibility of Subscriber.
Limitation of Liability. LS SHALL NOT BE LIABLE FOR ANY AND ALL: INDIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY OR LOSS OF USE, EVEN IF YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AS A result OF A BREACH OF THIS AGREEMENT, OR AN ORDER FORM OR TERM AND CONDITION OF LS. IN THE EVENT OF A BREACH OF AN OBLIGATION BY LS, including all legal actions to enforce a term or obligation of LS herein, YOUR TOTAL DAMAGES (IN AGGRegate) SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR the SERVICE for the preceeding 2 months. LS SHALL NOT BE LIABLE FOR (I) ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER (INCLUDING BUT NOT LIMITED TO ANY TELECOMMUNICATIONS COMPANY PROVIDING SERVICES TO SUBSCRIBER OR LS), (II) INFORMATION PROVIDED THROUGH THE SERVICE, OR (III) FOR COMPUTER, EQUIPMENT FAILURE OR MODIFICATION, OR CAUSES BEYOND LS REASONABLE CONTROL. LS SHALL NOT BE LIABLE FOR (A) INJURIES TO PERSONS OR PROPERTY ARISING FROM THE USE OF THE SERVICE, THE EQUIPMENT USED IN CONNECTION WITH THE SERVICE UNLESS CAUSED BY LS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (ii) THE INSTALLATION OR REPAIR OF THE EQUIPMENT BY ANY PARTIES WHO ARE NOT LS EMPLOYEES. LS SHALL NOT BE LIABLE FOR ANY ACT ASSOCIATED WITH THE PROPER EXERCISE OR RIGHT UNDER THE PRIVACY AND/OR UNAUTHORIZED USAGE PROVISIONS OF THIS AGREEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Indemnification. You agree to indemnify, defend, and hold LS harmless, as well as its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third- party Web site provider, from and against all claims, demands, actions, liabilities, losses, expenses, damages, judgments and costs, including attorneys' fees incurred at trial and through all appeals, resulting from your violation of this Agreement, misuse or abuse of the Service, violation of State or Federal law, request for LS to install service without the approval of the Landlord or property owner, or infringement thereof by you or users of your account. LS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You must not in any event accept a settlement of any dispute relating to this contract without prior written consent of LS. This paragraph shall survive the termination of this Agreement.
No Warranties. LS MAKES NO EXPRESS WARRANTY REGARDING THE SERVICE OR THE EQUIPMENT AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LS DOES NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY ON LS BEHALF AND SUBSCRIBER SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
Statute of Limitations. You agree that any claim against LS, whether arising in tort, contract or otherwise, must be brought within 6 months of the date giving rise to the claim. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
Subscriber Equipment. LS IS NOT RESPONSIBLE FOR ANY DAMAGES SUBSCRIBER MAY SUFFER FROM THE USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, SERVICES INTERRUPTIONS AND DELAYS, OR THIRD PARTY LITIGATION. SUBSCRIBER SHALL ENSURE THAT ALL SUBSCRIBER SUPPLIED EQUIPMENT (“SUBSCRIBER EQUIPMENT”) IS TECHNICALLY AND OPERATIONALLY COMPATIBLE WITH THE SERVICE AND IN COMPLIANCE WITH APPLICABLE FEDERAL COMMUNICATIONS COMMISSION RULES AND REGULATIONS, PRIOR TO LS INSTALLATION. THE INSTALLATION, USE, INSPECTION, MAINTENANCE, REPAIR AND REMOVAL OF THE EQUIPMENT MAY RESULT IN SERVICE OUTAGES OR POTENTIAL DAMAGE TO SUBSCRIBER'S COMPUTER. SUBSCRIBER THEREFORE AGREES TO BACK-UP ALL EXISTING COMPUTER FILES BY COPYING THEM TO ANOTHER STORAGE MEDIUM PRIOR TO INSTALLATION OF THE EQUIPMENT. SUBSCRIBER WILL FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS LS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS AND AGENTS, FOR ALL LIABILITY AND DAMAGES TO OR LOSS OR DESTRUCTION OF SUBSCRIBER EQUIPMENT, OR EMPLOYEES, PARTNERS, VENDORS AND RELATED AFFILIATES EQUIPMENT, SOFTWARE, FILES, DATA, PERIPHERALS, DATA, OR BUSINESS LOSS AND ANY LEGAL ACTIONS BROUGHT AGAINST LS OR SAID AFFILIATES RELATED TO THE SERVICES PROVIDED UNDER THIS AGREEMENT.
Information and Security. LS and its affiliates, along with any parties from whom LS obtains network services, exercise no control whatsoever over the content passing through the LS network or the Internet. Information on the Internet and the LS service is inherently not secure. You should take precautions to protect Your equipment from including but not limited to: security breaches, accidental disclosure, viruses, Trojans, malware, and the release of information You may not wish to make public.
Acceptable Use Policies. Subscriber acknowledges that the Service is to be used only for access customary to typical small business users of Internet service. Institutional or Commercial service is available for an additional fee. Subscribers may utilize LS for commercial activities, provided that the Subscriber's needs are mutually understood and agreed upon by both LS and the Subscriber in writing.
Subscriber will not engage in any illegal activity with the service. If LS reasonably believes that Subscriber is participating in illegal activity, LS suspend or disconnect the Service without prior notice. Disconnection for any abuse of this acceptable use policy shall not constitute a refundable service outage.
Subscribers may not share the Service outside of the walls of any individual living unit (ILU). Every ILU must maintain and pay for its own LS service. Any sharing of services will be considered theft and a material breach of this Agreement and will be prosecuted to the extent of the law.
Force Majeure. Neither Subscriber nor LS shall be held liable for any delay or failure in any part of this Agreement or the Service from any cause beyond its control and without its fault or negligence. This includes, but is not limited to, acts of civil or military authority, government regulations, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, nuclear accidents, strikes, extended power blackouts, natural disasters, severe weather conditions or other environmental disturbances, inability to secure transportation facilities, hardware or software products or services of other persons, including the type and condition of the equipment (personal computer, modem, etc.) of Subscriber and/or its Users, acts or omissions of transportation or common carriers and legal and/or regulatory constraints affecting either Subscriber or LS in performing their obligations hereunder ("Force Majeure", each a “Force Majeure Event”). If a Force Majeure Event occurs, the party injured by the other party's inability to perform may elect to (a) terminate the Agreement if such Force Majeure Event results in a delay or failure to perform which continues for more than thirty (30) calendar days; or (b) suspend the Service for the duration of the delaying cause and resume the Service under this Agreement once the Force Majeure Event ceases. Unless written notice is given within thirty (30) calendar days after such injured party is apprised of the Force Majeure Event, option (b) shall be deemed selected.
Assignment. Subscriber may not assign all or any part of this Agreement without the prior written consent of LS; any such assignment without the prior written consent of LS shall be void as a matter of law. LS may assign all its rights, title and interests in and to this Agreement at any time upon notification to Subscriber.
Entire Agreement. This Agreement, including the Order Form, represents the entire agreement between Subscriber and LS, which may only be amended in writing, signed by both parties.
Governing Laws. This Agreement shall be subject to and governed by the laws of the State of Michigan. Any legal action arising out of this Agreement shall be exclusively initiated within the State of Michigan, Ingham County Circuit Court or the Federal District Court for the Eastern District of Michigan.
Risk of Loss. At all times, You will bear the risk of any loss, damage or destruction, whether by fire, water damage, theft or other casualty for: (i) Your assets, equipment or property, or (ii) property of LS which is located on Your property (whether leased or owned) or within Your care, custody or control. You will be solely responsible for insuring Your property and filing insurance claims for losses associated therewith. If LS is aware of loss or casualty to Your property, LS will immediately notify You, stating the extent of loss or damage incurred and the cause, if known. LS shall bear the responsibility for insuring and shall bear the risk of any loss, damage or destruction of LS’s assets, equipment or property that is not within Your care, custody or control.
LIGHTSPEED SUBSCRIBER TERMS AND CONDITIONS AGREEMENT