Lakeside Networks Internet Service Agreement

Parties and acceptance. This Internet Service Agreement ("Agreement") is between Lakeside Networks, LLC, which also does business as Tonka Networks ("Lakeside," "we," or "us"), and the person or business that orders or uses our broadband internet service ("you"). You accept this Agreement by signing or electronically accepting a Service Order, clicking to accept, placing an order, allowing installation, or activating, using, or paying for the Service; electronic acceptance has the same effect as a signature. You must be at least 18, and if you accept for a business you represent that you have authority to bind it.

What this Agreement covers. "Service" means residential and business broadband internet access, any managed Wi-Fi we provide with it, and the related Equipment, installation, and support. This Agreement includes your Service Order (plan, price, address, and any term), Schedule A (fees), the Voice Service Addendum if you subscribe to voice service, and our Privacy Policy at tonka.network/privacypolicy and our Open Internet Statement at tonka.network/open-internet-statement. Our website and portal are reachable at tonka.network and lakeside.network, and references to either domain in this Agreement include the other and their subdomains. If these documents conflict, the Service Order controls price, plan, and term, the Voice Service Addendum controls for voice service, then this Agreement, then the posted policies. Other Lakeside services have their own agreements. If a property owner or association buys the Service for its residents or guests under a separate agreement with us, that agreement is between us and the owner and controls price and term, and each person who uses the Service accepts Sections 3, 5, 6, 9, 10, and 13 of this Agreement.

Definitions. "Equipment" means any radio, antenna, optical network terminal, router, gateway, access point, power supply, mount, or cabling that Lakeside provides and owns. "Customer Equipment" means devices and wiring you own or control, including inside wiring we did not install. "Premises" means the service address on your Service Order.

Month to month. Unless your Service Order states a term, the Service is a continuous month-to-month service that renews each billing period until you or we cancel it. There is no term commitment and no early termination charge.

Term plans. If you accept a discount in exchange for a 12-month term, your Service Order will say so. If you cancel a term plan early, or we terminate it for your breach, you will pay an early termination charge equal to the promotional discount for the months remaining in the term. No charge applies if we discontinue the Service, cannot serve your new address, or cannot restore a wireless path under Section 4.3. When the term ends, the Service continues month to month at the then-current standard rate unless you choose another plan.

How to cancel. You may cancel at any time, at no charge, online at panel.tonka.network, by email to questions@tonka.network, or by calling (612) 444-8664. Cancellation takes effect at the end of the current billing period unless you ask for an earlier date. Monthly charges are billed in advance and are not prorated or refunded for a partial month except as this Agreement or the law requires.

Moves, plan changes, and discontinuance. The Service is provided at the Premises only; do not move Equipment elsewhere without our agreement. Moves and plan changes may carry charges. We may end a month-to-month Service, or discontinue a plan or the Service in any area, on 30 days' notice, and will refund prepaid charges for the period after the end date.

Speeds. Plan speeds are maximums, "up to" the stated rate; the Broadband Consumer Label for your plan shows the typical speeds you can expect. Actual speeds and latency vary with the technology and path serving the Premises, congestion, weather (for fixed wireless), the sites you use, your devices, and Wi-Fi conditions (Wi-Fi is slower than a wired connection), and are not guaranteed.

Availability and interruptions. The Service is subject to availability and a site survey; we may decline to install or continue it where the Premises cannot be served reliably, safely, or at reasonable cost, and will refund prepaid amounts if we decline before installation. The Service is not fault-free and may be interrupted by outages, maintenance, weather, power failures, damage, or third-party networks; Section 10.3 describes the credit for extended outages.

Use of the Service. Residential plans are for personal use at the Premises; business plans are for the business named on the Service Order. You may not resell, redistribute, or share the Service outside the Premises, including to other units, buildings, or vessels, without our written agreement. IP addresses and other identifiers we assign are ours and may change; static addresses are an optional add-on.

Network management and changes. We manage our network as described in our Open Internet Statement. We do not block lawful content, degrade lawful traffic based on its content or source, or engage in paid prioritization; we may manage congestion, filter malicious traffic, and apply your plan's speed tier. We have no data caps, and any port we restrict will be listed in our Open Internet Statement. We are not responsible for third-party content or networks you reach through the Service, and we may upgrade or replace network technology or Equipment.

Authority and access. You represent that you own the Premises or have the right to allow installation, and you are responsible for any landlord, association, or manager consent. You grant us and our contractors access at reasonable times, with your consent for each visit except in an emergency, to install, maintain, repair, replace, and remove the Service and Equipment. An authorized adult must be present for installation and service visits; please call us to reschedule if no one will be available. We may postpone work we believe is unsafe. If you agree to host relay or hub equipment that serves other customers, a separate Relay Site Agreement governs that equipment, including our access to it, power for it, and its removal.

Installation work. You authorize the work reasonably required to install the Service, including mounting antennas, running exterior cabling, drilling penetrations, and installing conduit, grounding, and surge protection, and you accept that roof, wall, and structure penetrations are a normal part of installation. We use reasonable care and seal the penetrations we make, but we are not responsible for the cosmetic effects of a standard installation, pre-existing conditions, wiring or structures we did not install, concealed conditions a reasonable installer could not detect, the effect of mounts or penetrations on any roof or siding warranty, or leaks, ice, snow, wind, or other weather-related damage to a roof, siding, or structure where our mounts or penetrations were installed with reasonable care. Custom work beyond a standard installation is quoted in advance. We request public utility locates through Gopher State One Call before underground work; you must mark private underground lines (such as irrigation, pet fences, and lines to docks), and we are not responsible for damage to unmarked private lines.

Fixed wireless. Fixed wireless service depends on a clear radio path, which tree growth, construction, and weather can degrade. Do not remove, relocate, or obstruct antennas. If the path becomes obstructed, we may propose relocation at your expense, another technology, or cancellation without an early termination charge.

When the Service ends. We may remove Equipment, mounts, and cabling or leave mounts, cabling, and conduit in place, and need not restore the Premises beyond sealing openings that removal exposes, unless your landlord or association requires removal of mounts, cabling, or conduit, in which case we will remove them and seal the openings.

Ownership and care. Equipment remains Lakeside's property; you may use it only at the Premises and only for the Service. Do not sell, lend, pledge, open, modify, reflash, relocate, or tamper with it. We do not charge a monthly rental fee for the standard Equipment your plan needs unless your Service Order says so; additional Equipment is charged per Schedule A. We may update Equipment software remotely.

Loss and damage. From installation until return, you are responsible for loss, theft, and damage to Equipment from any cause other than ordinary wear, a defect, our own acts, or, for residential customers, lightning or other weather, and will pay the replacement charge in Schedule A. This carve-out covers damage to our Equipment only; it does not make us responsible for damage to your property.

Return. Within 14 days after the Service ends, return all Equipment in good condition by the method we designate or make it available for pickup; otherwise we will bill the replacement charge and, if you are enrolled in automatic payment, charge it to your enrolled payment method no sooner than 10 days after we tell you the amount and the date of the charge; it is refundable if the Equipment is returned in good condition within 60 days. Leave exterior antennas, radios, mounts, and cabling in place for us to remove.

Your equipment, Wi-Fi, and power. You are responsible for Customer Equipment, its compatibility and security, your Wi-Fi password, and everyone who uses your connection. We support the Service to the point where Equipment connects to Customer Equipment; support beyond that point may be available for a charge. You provide power; the Service, including any voice service, will not work in a power outage unless you provide battery backup. Do not rely on the Service for alarm, medical, or other life-safety monitoring without a backup connection.

Prohibited uses. You are responsible for all use of the Service through your connection, by anyone, with or without your permission. You will not use, or allow anyone to use, the Service to: violate any law or the rights of others, including intellectual property rights; transmit or store child sexual abuse material or other unlawful content; send spam or run an open relay or proxy; access any system, network, account, or data without authorization; scan, probe, or attack systems or networks or take part in denial-of-service attacks; distribute malware; spoof the origin of communications; harass, threaten, defraud, or defame anyone; interfere with the network or other customers' service; resell or redistribute the Service; bypass Equipment, network controls, or plan limits; or run commercial servers on a residential plan beyond typical residential use.

Enforcement. We may investigate suspected violations, including by reviewing non-content traffic data (such as addresses, ports, volumes, and timing) and logs for the connection involved, and may warn you, filter or limit traffic, suspend the Service, or terminate this Agreement. Where practical we will notify you and give you a chance to stop before suspending, but we may act immediately against a security threat, an attack, unlawful activity, or a risk to the network or other customers. We report apparent child sexual abuse material to the National Center for Missing and Exploited Children as federal law requires, may report other unlawful activity to authorities, and have no duty to monitor the Service.

Copyright notices. We may forward copyright infringement notices that identify an IP address assigned to your account. Under 17 U.S.C. § 512(i), we maintain and reasonably implement a policy under which repeat infringers' accounts may be suspended or terminated in appropriate circumstances, applied proportionately and after considering your response. Our designated agent for notices about material hosted on our systems is support@lakeside.network, Lakeside Networks, LLC, 4154 Shoreline Drive, Suite 210, Spring Park, MN 55384, (612) 444-8664.

Charges. You will pay the monthly charge for your plan on your Service Order (or our published rate), plus applicable taxes and government fees, plus any other charges in Schedule A or a written quote. Advertised plan prices include all mandatory monthly charges we impose; taxes and government fees are added separately, and avoidable charges such as late fees apply only when the described event occurs.

Billing and automatic payment. We bill monthly in advance (the first bill may include a prorated partial month), electronically unless you request paper bills. Payment is due 14 days after the bill date unless the bill states otherwise. If you enroll in automatic payment (in the customer portal or on a signed enrollment form that identifies your payment method), you authorize us to charge that method on each bill date for the amounts due under this Agreement, and we will give you a copy of your authorization; your enrollment states the amount and date of your first automatic charge and your regular monthly amount after that. If you pay by debit card or bank account, you have the right to notice at least 10 days before any automatic charge that differs in amount from your previous one. Your enrollment lets you choose instead to be notified only when a charge differs from the previous one by more than the amount stated there (currently $50), and a charge outside that range will not run automatically until at least 10 days after we tell you its amount and date, which may mean it appears on your following bill. You may cancel automatic payment at any time; cancelling automatic payment does not cancel the Service.

Late and returned payments. We may charge the late fee in Schedule A on any bill that remains unpaid 15 days after the bill date; it compensates us for administrative cost and is not interest. A returned or reversed payment may be charged the returned payment fee in Schedule A, not to exceed the amount Minnesota law permits, and we may require a different payment method.

Disputes, deposits, and collections. Dispute a charge within 60 days after the bill date; charges not disputed in that time are considered accurate except for errors we knew or should have known about, and undisputed amounts must be paid. We may require a deposit based on payment history, applied to your final bill and refunded within 45 days after the Service ends. If a final bill remains unpaid 30 days after its date, we may refer the account to a collection agency, and you will pay our reasonable collection costs, including agency fees, court costs, and attorney fees, to the extent permitted by law. We may set off any credit or deposit against amounts you owe.

Price changes and refunds. We may change prices and fees on at least 30 days' notice under Section 12.1; you may cancel before the change takes effect, and continued use after that date is acceptance. Term pricing on a Service Order will not increase during the term. Installation, activation, and custom work charges are earned when performed and are not refundable; monthly charges are refundable only as stated in Sections 2.4, 3.2, and 10.3 or as required by law.

Referral program. If you refer a new customer who signs up, is installed, and pays their first bill, we will credit your account one free month of Service for your first referral, another for your second, and two free months for your third and each later referral. A free month equals your monthly plan charge, up to $100 ($200 for two months). The referred customer receives free or discounted installation as stated in the referral offer posted at tonka.network/referral when they sign up. Credits apply to future bills only, have no cash value, are not transferable, and cannot be combined with other promotions, and you must be a current customer in good standing when the credit posts. Residential and business customers may refer and be referred. If you recommend us publicly, for example on social media, while you can earn a credit, please say that you may receive a referral credit. We may change or end the program on 30 days' notice; credits already earned will be honored.

By Lakeside. We may suspend or terminate the Service if: (a) a bill remains unpaid 30 days after its date and we have sent you a past-due notice; (b) you breach this Agreement, including Sections 5 and 6; (c) your use threatens the security or performance of our network or others' service, or appears unlawful; (d) you give false information or refuse reasonable access to the Premises or Equipment; (e) Customer Equipment is incompatible and you do not correct it after notice; (f) a court, regulator, or law enforcement agency requires it; or (g) we can no longer serve the Premises for technical, legal, or safety reasons. Except where immediate action is needed to protect the network, other customers, or the public, we will give notice and a reasonable chance to cure before suspending under (a), (b), (d), or (e).

Nonpayment timeline. Counted from the bill date, unless your bill states otherwise: payment is due at 14 days; the late fee may be charged at 15 days; the Service may be suspended at 30 days, after a past-due notice; and the Service may be terminated, a final bill issued, and Equipment recovered at 45 days. Charges continue during a suspension caused by nonpayment or breach, and past-due amounts, any deposit, and the reconnection fee in Schedule A, if we charge it, are due before the Service is restored.

Effect of termination. When this Agreement ends, all amounts you owe are due immediately, you must return Equipment under Section 5.3, assigned addresses and identifiers are released, and Sections 2.2, 4.1, 4.4, 5.2, 5.3, 7, 8.3, 9.2, 10, 11, 12.1, 13, and 14 and Section B.4 of the Voice Service Addendum survive.

Privacy and security. Our Privacy Policy at tonka.network/privacypolicy describes the personal information we collect (including technical data such as IP assignments, usage, and signal data), how we use and share it, and the records we keep, and it is part of this Agreement. Minnesota law (Minnesota Statutes, chapter 325M) limits when an internet provider may disclose your personal information. By accepting this Agreement you authorize the disclosures described in Section 6 of our Privacy Policy; if you received this Agreement by notice, not objecting before its effective date is your authorization. We do not sell your personal information. No network is completely secure; you are responsible for securing your devices, accounts, and data.

Communications and legal requests. We may contact you about your account by email, text, phone, bill message, portal notice, or mail, and you will keep your contact information current; you may opt out of marketing messages. We may disclose information about you and your use of the Service in response to a subpoena, court order, warrant, or other lawful process; as required by law, including CALEA; to protect our rights, network, or customers or enforce this Agreement; to report suspected crimes to law enforcement; or in an emergency involving danger of death or serious injury.

No warranties. To the fullest extent permitted by law, the Service and Equipment are provided "as is" and "as available." Lakeside disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement, and does not warrant that the Service will be uninterrupted, secure, or error-free or will achieve any speed or performance level. No statement by our employees, installers, or agents creates a warranty. A service level commitment applies only if stated in a written service level agreement signed by Lakeside; credits under it are refunds of charges, not damages, and are the exclusive remedy for the failures they cover.

No consequential damages; limitation of liability. To the fullest extent permitted by law, Lakeside and its members, managers, employees, contractors, suppliers, and agents will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, revenue, business, or data, cost of substitute services, or damages arising from interruption, delay, or failure of the Service, under any legal theory, even if advised of their possibility. Our total liability for all claims arising out of or relating to this Agreement or the Service will not exceed the greater of $500 or the amount you paid us for the Service in the three months before the event giving rise to the claim. These limits apply to claims of every kind, including claims based on our negligence, active or passive, except as Section 10.4 provides. We are not liable for acts of God, acts of third parties, power outages, weather, events beyond our reasonable control, unauthorized access to your devices or data, Customer Equipment, inability to reach emergency services through any voice, alarm, or medical device that relies on the Service, damage to unmarked private underground lines, or roof, siding, or other property damage described in Section 4.2. You must bring any claim against us within one year after it arises, to the extent the law permits.

Service credits. If the Service is completely unavailable at the Premises for more than 24 consecutive hours because of a failure in our network or Equipment (including an outage caused by a security incident affecting our network), and you report the outage and request a credit within 30 days after it ends, we will credit your account a prorated portion of your monthly charge for the period of unavailability. Credits do not apply to outages caused by power loss at the Premises, Customer Equipment, obstruction of a wireless path, planned maintenance with notice, events beyond our reasonable control, or your breach. A credit is a refund of charges for the period of unavailability, not damages, will not exceed one month's charge, and is your sole and exclusive remedy for interruptions of the Service, including claims based on our negligence.

Exceptions and basis of the bargain. Nothing in this Agreement limits liability for death or personal injury caused by our negligence (for 911 calls placed through our voice service, see Section B.4 of the Voice Service Addendum), for our fraud, gross negligence, or willful misconduct, or for any liability that cannot be limited by law. You acknowledge that our prices reflect this allocation of risk and that we would not provide the Service at those prices without it.

Your responsibility for third-party claims. You will reimburse Lakeside and its members, managers, employees, contractors, and agents for losses, damages, penalties, and reasonable defense costs, including attorney fees, from claims by third parties caused by: use of the Service through your connection or account by anyone; content sent, stored, or received through your connection; Customer Equipment or wiring we did not install; your lack of authority to permit installation; damage to private underground lines you did not mark; your breach of this Agreement; or your negligence or willful misconduct. This does not apply to the extent a claim is caused by our negligence or willful misconduct. We will control the defense of any claim and will tell you promptly about it.

Notices. We may give you notice by email to the address on file, a bill message, a portal notice, text message, mail, or a website posting combined with any of those; notice is effective when sent or posted. Notices to Lakeside must be in writing, by email to support@lakeside.network or questions@tonka.network, or by mail to Lakeside Networks, LLC, 4154 Shoreline Drive, Suite 210, Spring Park, MN 55384, Attention: Legal Notices, and are effective when received; we will confirm receipt within five business days.

Changes to this Agreement. We may change this Agreement by posting the revised version on our website with a new "Last modified" date and, for any material change, giving you at least 30 days' notice under Section 12.1 that describes the change. If you do not agree, you may cancel before the change takes effect without an early termination charge; continued use after the effective date is acceptance. No employee, installer, or agent may modify this Agreement orally.

Force majeure. Lakeside is not responsible for delay or failure caused by events beyond our reasonable control, including acts of God, weather, fire, flood, utility or third-party network failures, damage to our facilities, vandalism, theft, labor disputes, epidemics, government action, or spectrum interference. We will use reasonable efforts to restore the Service.

Talk to us first. Before starting a lawsuit, the party raising a dispute will send the other written notice describing it and the relief requested (to Lakeside under Section 12.1), and the parties will try in good faith to resolve it for 30 days; any limitations period, including the one-year period in Section 10.2, is paused meanwhile. This step does not apply to conciliation court claims, Lakeside's claims to collect amounts owed or recover Equipment, or requests for an injunction against unauthorized use of the Service or network.

Governing law, venue, and jury waiver. This Agreement and any dispute arising out of or relating to it or the Service are governed by Minnesota law and applicable federal law. Any lawsuit will be brought exclusively in the state courts in Hennepin County, Minnesota, or the United States District Court for the District of Minnesota, and each party consents to their jurisdiction, except that either party may bring a claim in a Minnesota conciliation court that has jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND LAKESIDE EACH WAIVE TRIAL BY JURY.

Entire agreement and other terms. This Agreement, with the documents in Section 1.2, is the entire agreement about the Service and replaces all prior agreements, including the Lakeside Networks Service Agreement last modified August 7, 2021. We may assign it to an affiliate or a successor to our business or network without your consent; you may not assign it without our written consent. Unenforceable provisions will be enforced to the extent permitted and the rest remains in effect; failure to enforce a provision is not a waiver. There are no third-party beneficiaries other than the persons named in Sections 10 and 11 and Section B.4 of the Voice Service Addendum. You agree to receive this Agreement, bills, and notices electronically, electronic records and signatures satisfy any writing or signature requirement, and paper copies are available on request. You may withdraw your consent to electronic delivery, or ask for a paper copy of any record, at any time by contacting us; receiving electronic records requires a current web browser and an email address. Questions: Lakeside Networks, LLC, 4154 Shoreline Drive, Suite 210, Spring Park, MN 55384, (612) 444-8664, questions@tonka.network.

Nature of the service. Lakeside voice service is interconnected VoIP service that runs over your internet connection and depends on the Service, the Equipment, and power at the Premises. It is not a traditional landline.

911 limitations. Please read carefully. 911 will not work during a power outage unless you have battery backup for the Equipment and your phones, or if your internet connection is down, suspended, or terminated. 911 calls are routed using the Registered Location you give us, so they may reach the wrong emergency center or show the wrong address if you move Equipment without updating your location, may be delayed while a location update takes effect or during congestion, and may be affected if your number is not local to your area.

Registered Location and acknowledgment. Give us the physical address where the voice Equipment will be used before service begins, and update it immediately at panel.tonka.network or (612) 444-8664 if the Equipment moves. You acknowledge that you have received and understood this 911 notice, agree to place the warning labels we provide on or near each phone, will tell other users about these limitations, and will keep another way to reach emergency services, such as a mobile phone. Battery backup options for the Equipment are available for purchase; ask us for details. We keep a record of your acknowledgment as federal rules require.

Liability and other voice terms. To the fullest extent permitted by law, including the protections of 47 U.S.C. § 615a and Minnesota Statutes section 403.07, Lakeside and its suppliers are not liable for any claim arising from use of or inability to use 911 through the voice service, except for our willful or wanton misconduct. This Section B.4 applies to 911 claims notwithstanding Section 10.4 of the Agreement, and Section 11 of the Agreement applies to third-party claims caused by your failure to keep your Registered Location current or to tell other users of the voice service about these 911 limitations. Voice service is for reasonable residential or business use, not auto-dialing, telemarketing, call centers, or trunking; we may block calls to high-cost or fraud-prone destinations; our voice price includes our regulatory costs, including any federal Universal Service Fund contribution we are required to make, and government taxes and fees that apply to voice service, such as the Minnesota 911 fee and the Telecommunications Access Minnesota surcharge, are added to your bill if applicable; and we handle voice records under the FCC's customer proprietary network information rules.