Eagle Communications Policies
Eagle Communications policies regarding our services and business practices.
Eagle High Speed Internet Acceptable Use Policy
Introduction
Updated 11/18/11
Eagle Com, Inc. and its local affiliates and/or
distribution partners (collectively "Eagle") are pleased
that you have chosen Eagle High Speed Internet service
(the "Service"). Our goal is to provide you with an
enriched, high-quality Internet experience. This
Acceptable Use Policy (the "AUP") has been designed to
protect our Service, our subscribers, and the Internet
community from inappropriate, illegal or otherwise
objectionable activities. Please read this policy prior
to accessing the Service. All users of the Service must
abide by this AUP. Violation of any term of this AUP may
result in the immediate suspension or termination of
either your access to the Service and/or your Eagle
account. This AUP should be read in conjunction with the
Eagle High Speed Internet Subscriber Agreement, Privacy
Policy, and other applicable policies.
By using the Service, you agree to abide by, and require
others using the Service via your account to abide by
the terms of this AUP. The AUP will be updated from time
to time, so you should consult this document regularly
to ensure that your activities conform to the most
recent version. IF YOU DO NOT AGREE TO BE BOUND BY THESE
TERMS, YOU SHOULD IMMEDIATELY STOP THE USE OF THE
SERVICES AND NOTIFY THE EAGLE CUSTOMER SERVICE
DEPARTMENT SO THAT YOUR ACCOUNT MAY BE CLOSED.
1. Prohibited Activities. Prohibited
Activities. You may not use the Service in a manner that
violates any applicable local, state, federal or
international law, order or regulation. Additionally,
you may not use the Service to:
- Harm to Minors. You may not use the Service to harm or attempt to harm a minor, including, but not limited to, hosting, possessing, distributing, or tran itting child pornography or other material that is unlawful.
- Conduct, participate in, or otherwise facilitate, pyramid or other illegal soliciting schemes.
- Take part in any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature.
- Invade another person's privacy, stalk, harass, or otherwise violate the rights of others.
- Post, tran it, or distribute content that is illegal, threatening, abusive, libelous, slanderous, defamatory, promotes violence, or is otherwise offensive or objectionable.
- Restrict, inhibit, or otherwise interfere with the ability of any other person to use or enjoy their equipment or the Service, including, without limitation, by posting or tran itting any information or software which contains a virus, lock, key, bomb, worm, Trojan botnet, cancelbot, or other harmful feature.
- Access or use the Service with an IP address other than the dynamic Internet Protocol ("IP") address assigned to you which adheres to dynamic host configuration protocol ("DHCP"). You may not configure the Service or any related equipment to access or use a static IP address or use any protocol other than DHCP.
- Modify any cable modem connected to the Eagle network, regardless of whether the modem is owned by you or leased from Eagle, in order to commit theft of the Service, fraudulently use the Service or provide the Service to a third party. Eagle may work with law enforcement if any such theft or fraud occurs.
- Modify the MAC address of any modem connected to the Eagle network.
- Collect or store personal data about other users.
- Use an IP address not assigned to you by Eagle.
- Violate any other Eagle policy or guideline.
- Resell or redistribute the Service to any third party via any means including but not limited to wireless technology.
2. Intellectual Property Infringement.
You may not use the Service to post, copy, tran it, or
disseminate any content that infringes the patents,
copyrights, trade secrets, trademark, moral rights, or
propriety rights of any party. Eagle assumes no
responsibility, and you assume all risk regarding the
determination of whether material is in the public
domain, or may otherwise be used by you for such
purposes.
3. User Content. You are solely
responsible for any information that is tran itted from
your IP address or your account on the web or other
Internet services. You must ensure that the recipient of
the content is appropriate and must take appropriate
precautions to prevent minors from receiving
inappropriate content. Eagle reserves the right to
refuse to post or to remove any information or materials
from the Service, in whole or in part, that Eagle deems,
in its sole discretion, to be illegal, offensive,
indecent, or otherwise objectionable.
4. Commercial Use. The Service is
designed for personal, non-business related use of the
Internet and may not be used for commercial purposes.
You may not resell the Service or otherwise make the
Service available for use to persons outside the
Premises (for example, through a wireless home network).
You agree not to use the Service for operation as a de
facto Internet service provider, or for any other
business enterprise (whether for profit or non-profit),
including, without limitation, IP address translation or
similar facilities intended to provide additional
access. For commercial Internet service please contact
Eagle Business Services.
5. Servers. You may not operate, or
allow others to operate, servers of any type or any
other device, equipment, and/or software providing
server-like functionality in connection with the
Service, unless expressly authorized by Eagle.
6. Misuse of Service. You may be held
responsible for any misuse of the Service that occurs
through your account or IP address, even if the misuse
was inadvertent. You must therefore take precautions to
ensure that others do not gain unauthorized access to
the Service or misuse the Service, including conduct in
violation of this AUP.
7. Hacking/Attempted Unauthorized Access.
You may not use the Service to breach or attempt to
breach the security of another user or attempt to gain
access to any organization or person's computer,
software, or data without the knowledge and consent of
such person. The equipment and the Service may not be
used in any attempt to circumvent the user
authentication or security of any host, network or
account. This includes, but is not limited to, accessing
data not intended for you, logging into or making use of
a server or account you are not expressly authorized to
access, or probing the security of other networks or
computers for any reason. Use or distribution of tools
designed for compromising security, such as password
guessing programs, cracking tools, packet sniffers or
network probing tools, is prohibited.
8. Security. You are solely responsible
for the security of any device connected to the Service,
including any data stored on that device. You are
responsible for implementing appropriate security
precautions for all systems connected to the Service to
protect against threats such as viruses, spam, Trojan
botnets, and other malicious intrusions. You are
responsible for enabling the security of any wireless
(WiFi) networks connected to the Service. Any wireless
network installed by the customer or a Eagle
representative that is unsecured or "open" and connected
to the Eagle network is prohibited. You authorize Eagle
to use technology to detect unsecured wireless networks
associated with your use of the Service. If Eagle
determines that you are using the Service via an
unsecured wireless network, Eagle will notify you to
enable the Security on the WiFi device.
9. Disruption of Service. You may not
disrupt the Service in any manner. You shall not
interfere with computer networking or telecommunications
services to any user, host or network, including,
without limitation, denial of service attacks, flooding
of a network, overloading a service, improper seizing
and abuse of operator privileges or attempts to "crash"
a host.
10. Viruses, Trojan Horses, Worms and Denial of
Service Attacks. Software or other content
downloaded from the Service may contain viruses and it
is your sole responsibility to take appropriate
precautions to protect your computer from damage to its
software, files and data. You are prohibited from
posting, tran itting or disseminating any information or
software that contains a virus, Trojan horse, spambot,
worm or other harmful program or that generates levels
of traffic sufficient to impede others' ability to send
or retrieve information. Prohibited conduct of this type
includes denial of service attacks or similarly
disruptive tran issions, as well as tran issions
containing other harmful or malicious features. We may
suspend the Service if we detect a harmful program in
order to allow you to take measures to stop the harmful
program.
11. Electronic Mail. You may not use
the Service to send bulk, commercial or unsolicited
("spam") email messages. Any unsolicited email,
originating from any source, must not direct recipients
to any website that is part of our Service, such as
personal web pages, or other resources that are part of
the Service. The Service may not be used to collect
responses from unsolicited email sent from accounts on
other Internet hosts or email services that violate this
Policy or the acceptable use policy of any other
Internet service provider. In addition, "mail bombing,"
the sending of numerous copies of the same or
substantially similar messages or very large messages or
files with the intent to disrupt a server or account, is
prohibited.
You may not reference Eagle in the header or body of an
unsolicited email, or list an IP address that belongs to
the Eagle network in any unsolicited email. Further, you
may not take any action which implies that Eagle is the
sponsor of any unsolicited email even if that email is
not sent through the Eagle network. Further, forging,
altering or removing electronic mail headers is
prohibited.
If the Service is disconnected, whether voluntarily or
by termination, all user names and associated electronic
email addresses may be immediately released for reuse.
Upon disconnection, any mailbox contents may be
immediately deleted or held in a locked state. Addresses
and email may be held until Eagle deletes them as part
of its normal policies and procedures. There is no
obligation for Eagle to retain or make any user name,
email address or stored email retrievable once the
Service is disconnected.
12. Bandwidth, Data Storage and Other
Limitations. Eagle offers multiple packages of
Service with varying speeds, features and bandwidth
usage limitations (not all packages are available in all
areas). You must comply with the current bandwidth, data
storage, electronic mail and other Limits of Service
that correspond with the package of Service you
selected. In addition to complying with the limitations
for specific features, you must ensure that your
activities do not improperly restrict, inhibit, or
degrade any other user's use of the Service, nor
represent (in Eagle’s sole judgment) an unusually great
burden on the network itself. In addition, you must
ensure that your use does not improperly restrict,
inhibit, disrupt, degrade or impede Eagle's ability to
deliver the Service and monitor the Service, backbone,
network nodes, and/or other network services. If your
bandwidth usage exceeds the amount included in your
Internet package, Eagle may suspend the Service or
require you to upgrade the Service to a higher package
and/or pay additional fees. In extreme cases, Eagle may
terminate the Service after providing adequate notice
and opportunity for you to modify your bandwidth usage.
13. Conflict. In the event of a
conflict between the Subscriber Agreement and this AUP,
the terms of the Subscriber Agreement will prevail.
14. How to Contact Eagle. For any
questions regarding this AUP, complaints of violations,
or cancellation notices, please contact Eagle at one of
the following:
• Email:
support@eaglecom.net
• Phone: See your invoice or
www.eaglecom.net
• U.S. Mail: See your invoice or
www.eaglecom.net
Subscriber Agreement
Introduction
Updated 11/18/11
This Agreement (the "Agreement") sets forth the terms
and conditions under which Eagle Communications,
together with any Eagle Communications affiliate and/or
distribution partner (collectively, "Eagle"), agrees to
provide the Eagle High Speed Internet service
(hereinafter the "Service") to you. By completing the
registration and using the Service, you (i) agree to
abide by, and require others using the Service via your
account to abide by the terms of this Agreement, and
(ii) represent and warrant that you are at least 18
years of age. If you do not agree with the foregoing,
you may not use the Service and must return the
installation software, equipment, and all associated
materials to Eagle. This Agreement takes effect on the
date on which you accept this Agreement, and continues
until your subscription is terminated.
Eagle reserves the right to modify the terms of this
Agreement or prices for the Service and may discontinue
or revise any or all other aspects of the Service in its
sole discretion at any time by posting changes online.
Your continued use of the Service after changes are
posted constitutes your acceptance of this Agreement as
modified by the posted changes. The updated, online
version of this Agreement shall supersede any prior
version of this Agreement that may have been included in
any software or related materials provided by Eagle.
This Agreement should be read in conjunction with our
Acceptable Use Policy, ("AUP"), Online Privacy Policy,
and other applicable policies.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS,
YOU SHOULD IMMEDIATELY STOP THE USE OF THE SERVICES AND
NOTIFY THE EAGLE CUSTOMER SERVICE DEPARTMENT SO THAT
YOUR ACCOUNT MAY BE CLOSED.
1. Your Subscription
Your subscription entitles you to use the Service. Your
subscription is personal to you, you agree not to
assign, transfer, resell or sublicense your rights as a
subscriber unless specifically allowed by this
Agreement. You agree that you are solely responsible and
liable for any and all breaches of the terms and
conditions of this Agreement, whether such breach
results from your use of the Service or by another using
your computer. You agree to contact the local Eagle
office identified on your monthly invoice immediately
upon the occurrence of any change in the status of your
account (e.g., change in individuals authorized to use
your account) for the purpose of updating your account
information.
2. Payment Terms
You agree to be responsible for any and all charges,
damages and costs that you or anyone using your Eagle
account incurs. You agree to pay all monthly fees and
installation charges including, but not limited to,
applicable, taxes, customer service fees, late fees and
door collection fees. Monthly fees will be billed one
month in advance. If payment is not received by the due
date, late fees and/or collection charges may be
assessed and the Service may be terminated. You may
incur charges including, without limitation, charges
relating to the purchase of "premium" services, such as
additional web space, business class services, or access
to certain gaming sites in addition to those billed by
Eagle. All such charges, including all applicable taxes,
are your sole responsibility. You may be required to pay
a reconnect fee and/or a security deposit in addition to
all past due charges before the Service is reconnected.
3. Software License
Eagle grants to you a limited, nonexclusive,
nontransferable and non-assignable license to install
and use Eagle's access software (including software from
third party vendors that Eagle distributes, hereinafter
referred to as the "Licensed Software"), in order to
access and use the Service. Eagle may modify the
Licensed Software at any time, for any reason, and
without providing notice of such modification to you.
The Licensed Software constitutes confidential and
proprietary information of Eagle and Eagle's licensors
and contains trade secrets and intellectual property
protected under United States copyright laws,
international treaty provisions, and other laws. All
right, title, and interest in and to the Licensed
Software, including associated intellectual property
rights, are and shall remain with Eagle and its
licensors. You agree to comply with the terms and
conditions of all end user software license agreements
accompanying any software or plug-ins to such software
distributed by Eagle in connection with the Service. You
shall not translate, decompile, reverse engineer,
distribute, remarket, or otherwise dispose of the
Licensed Software or any part thereof. You acknowledge
that the Licensed Software, and any accompanying
documentation and/or technical information, is subject
to applicable export control laws and regulations of the
United States. You agree not to export or re-export the
Licensed Software, directly or indirectly, to any
countries that are subject to United States export
restrictions. Your right to use the Licensed Software
terminates upon termination of this Agreement.
4. Computer and Equipment Requirements
At the time of initial installation of the Service, your
computer equipment must comply with Eagle's current
minimum computer requirements that are available on
www.eaglecom.net . The minimum computer requirements may
change and Eagle will make reasonable efforts to support
previously acceptable configurations; however, Eagle is
not obligated to continue to provide such support. You
may rent a cable modem from Eagle or may purchase a
DOCSIS-compliant, Eagle approved cable modem from a
third party provider. Eagle reserves the right to
provide service only to users with Eagle-approved
DOCSIS-compliant modems. You are strongly urged to check
with local Eagle Customer Support or online at
www.eaglecom.net for the most current Eagle approved
cable modem list. You agree to only connect Eagle
approved equipment to the Eagle network.
You will not remove any Eagle owned equipment (the
"Equipment") from the Premises or connect the Equipment
to any outlet other than the outlet to which the
Equipment was initially connected by the Eagle
installer. Eagle may relocate the Equipment for you
within the Premises at your request for an additional
charge. If you relocate to a new address, this Agreement
shall automatically terminate and you will be required
to enter into a new Agreement and may be charged a new
installation fee to initiate Service. You will not
connect any equipment, other than equipment authorized
by Eagle, to the cable modem outlet. You understand that
failure to comply with this restriction may cause damage
to the Eagle network and subject you to liability for
damages and/or criminal prosecution. You may not alter,
modify or tamper with the Equipment or the Service, or
permit any other person to do the same that is not
authorized by Eagle.
5. Installation
You authorize Eagle personnel and/or its agents to enter
your premises (the "Premises") at mutually agreed upon
times in order to install, maintain, inspect, repair and
remove the Service. If you are not the owner of the
Premises upon which the Service is to be installed, you
represent and warrant that you have obtained the consent
of the owner of the Premises for Eagle personnel and/or
its agents to enter the Premises for the purposes
described above. You shall indemnify and hold Eagle
harmless from and against any claims of the owner of the
Premises arising out of the performance of this
Agreement.
You acknowledge and agree that installation of the
Service (including the Licensed Software) may require
Eagle personnel and/or its agents to open your computer.
You further acknowledge and agree that installation
and/or use of the Service (including the Licensed
Software) may result in the modification of your
computer's systems files and that Eagle may periodically
update the software in your modem in order to provide
the Service. Eagle neither represents, warrants, nor
covenants that such modifications will not disrupt the
normal operations of your computer. Eagle shall have no
liability whatsoever for any damage resulting from the
installation and/or use of the Licensed Software or file
modifications. Eagle is not responsible for returning
your computer to its original configuration prior to
installation. Eagle or its agents will supply and
install certain software and, if required, an extra
cable outlet, a cable modem and an Ethernet card for a
fee determined by Eagle. Eagle will also provide a
"getting started guide" and online instructions on how
to use the Service. Eagle shall use reasonable efforts
to install the Service to full operational status,
provided that your computer fulfills the minimum
computer requirements set forth herein. You may transfer
the Licensed Software to additional computers within the
home, but service and support for these additional
machines is limited and/or may incur an additional fee.
Unless offered by Eagle as a service, you agree that
Eagle has no responsibility to provide service and
support for in-home networks. If you intend to transfer
the software, you must give Eagle prior notice of such
transfer.
6. Acceptable Use Policy
You agree to use the Services strictly in accordance
with the Acceptable Use Policy located at
www.eaglecom.net which may be modified by Eagle from
time to time, and which is incorporated herein by
reference and made a part of this Agreement.
7. Posting to Eagle
You are solely responsible and liable for all material
that you upload, post, email, transmit or otherwise make
available via the Service, including, without
limitation, material that you post to any Eagle Website
or the Website of a Eagle affiliate. Eagle does not
claim ownership of material you submit or make available
for inclusion on the Service. However, with respect to
material you submit or make available for inclusion on
publicly accessible areas of the Service, you grant
Eagle a world-wide, royalty free and non-exclusive
license(s) to: use your material in connection with
Eagle's businesses including, but not limited to, the
rights to: copy, distribute, publicly perform, publicly
display, transmit, publish your name in connection with
the material, and to prepare derivative works. No
compensation will be paid with respect to the use of
your material.
8. Links to Third Party Web Sites
In your use of the Service and/or Eagle Web sites, you
may encounter various types of links that enable you to
visit Web sites operated or owned by third parties
("Third Party Site(s)"). These links are provided to you
as a convenience and are not under the control or
ownership of Eagle. The inclusion of any link to a Third
Party Site is not (i) an endorsement by Eagle of the
Third Party Site, (ii) an acknowledgement of any
affiliation with its operators or owners, or (iii) a
warranty of any type regarding any information or offer
on the Third Party Site. Your use of any Third Party
Site is governed by the various legal agreements and
policies posted at that Web site.
9. Monitoring and Removal of Content
Eagle is under no obligation to monitor the Services.
However, Eagle reserves the right at all times and
without notice to remove, restrict access to, or make
unavailable, any content on its servers that it
considers, in its sole discretion, obscene, lewd,
lascivious, filthy, excessively violent, harassing, or
otherwise objectionable, and to monitor, review, retain
and/or disclose any content or other information in
Eagle's possession about or related to you, your use of
the Services or otherwise as Eagle deems necessary to
satisfy any applicable law, regulation, legal process,
or governmental request.
10. Privacy
You authorize Eagle to make inquiries and to receive
information about your credit history from others and to
utilize such information in its decision regarding its
provision of the Service to you. You agree that Eagle
may collect and disclose information concerning you and
your use of the Service in the manner and for the
purposes set forth herein and in Eagle's Online Privacy
Policy. Please read the Eagle Online Privacy Policy at
www.eaglecom.net
11. No Spam or Other Unsolicited Bulk Email
Eagle may immediately terminate any subscriber account
that it determines, in its sole discretion, is
transmitting or is otherwise connected with any "spam"
or other unsolicited bulk email. In addition, if actual
damages cannot be reasonably calculated, you agree to
pay Eagle liquidated damages of five dollars (U.S.
$5.00) for each piece of "spam" or unsolicited bulk
email transmitted from or otherwise connected with your
account. Otherwise you agree to pay Eagle's actual
damages, to the extent such actual damages can be
reasonably calculated. Eagle reserves the right to
block, reject or remove what it considers in its sole
discretion to be "spam" or other unsolicited bulk email
from the Service and Eagle shall have no liability for
blocking any email considered to be "spam."
12. Termination and Surviving Obligations
Either party may terminate this Agreement at any time
without cause by providing the other party with no less
than twenty-four (24) hours written notice of such
termination. In the event of termination by you, you
must notify Eagle by telephone or by a non-electronic
written submission. Email submissions shall not
constitute effective notice. In the event of termination
by Eagle, Eagle may notify you of such termination by
electronic or other means. In those cases where you
elect annual prepayment terms, you agree and understand
that the calculation of any refund for unused Service
will be based upon the normal rate for the Service and
not upon the discounted annual prepayment rate.
You expressly agree that upon termination of this
Agreement: (i) You will pay Eagle in full for your use
of any Equipment and Service up to the later of the
effective date of termination of this Agreement or the
date on which the Service and any Equipment have been
disconnected and returned to Eagle. You agree to pay
Eagle on a pro-rated basis for any use by you of any
Equipment or Services for a part of a month. (ii) You
will permit Eagle to access your premises at a
reasonable time to remove any Equipment and other
material provided by Eagle. (iii) You will ensure the
immediate return of any Equipment to Eagle. You will
return or destroy all copies of any software provided to
you pursuant to this Agreement. (iv) Eagle is authorized
to delete any files, programs, data and email messages
associated with such account.
13. Disclaimer of Warranties and Limitation of
Liability
You expressly agree that Eagle is not responsible or
liable for any content, act or omission of any third
party including, without limitation, any threatening,
defamatory, obscene, offensive, or illegal conduct, or
any infringement of another's rights including, without
limitation, privacy and intellectual property rights,
and you hereby release Eagle for any such claims based
on the activities of third parties. THE SERVICE IS
PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND.
NEITHER EAGLE, NOR ITS AFFILIATES OR ANY OF ITS
SUPPLIERS OR LICENSORS, EMPLOYEES OR AGENTS WARRANT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM
VIRUSES OR OTHER HARMFUL MALICIOUS AGENTS EVEN IF
ANTI-VIRUS MECHANI S ARE DEPLOYED. EAGLE DOES NOT
WARRANT THAT ANY DATA OR ANY FILES SENT BY OR TO YOU
WILL BE TRAN ITTED IN UNCORRUPTED FORM OR WITHIN A
REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTIES OF TITLE,
NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND
MERCHANTABILITY ARE HEREBY EXCLUDED AND DISCLAIMED.
EAGLE AND ITS EMPLOYEES, REPRESENTATIVES AND AGENTS ARE
NOT LIABLE FOR ANY COSTS OR DAMAGES, ARISING DIRECTLY OR
INDIRECTLY, FROM THE INSTALLATION OR USE OF, THE
LICENSED SOFTWARE, THE SERVICE (INCLUDING E-MAIL),
EQUIPMENT FURNISHED BY EAGLE, OR EAGLE'S PROVISION OF
TECHNICAL SERVICE AND SUPPORT FOR THE SERVICE; EVEN IF
SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS
NEGLIGENCE OF A EAGLE INSTALLER, TECHNICIAN, OR CUSTOMER
SERVICE REPRESENTATIVE, INCLUDING ANY INDIRECT,
INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR DAMAGES,
REGARDLESS OF WHETHER OR NOT EAGLE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, EAGLE'S
CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS
RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE
TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY
PRECEDING TWELVE MONTH PERIOD. YOU HEREBY RELEASE EAGLE
FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN
EXCESS OF THIS LIMITATION. EAGLE IS ALSO NOT LIABLE FOR
ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR
BREACH OF THIS AGREEMENT. Your sole and exclusive
remedies under this Agreement are as expressly set forth
herein. Some states do not allow the exclusion or
limitation of implied warranties, so the above
exclusions or limitations may not apply to you.
14. Indemnifications
You agree to indemnify and hold Eagle, its parents,
subsidiaries, members, affiliates, officers and
employees, harmless from any claim, demand, or damage,
including costs and reasonable attorneys' fees, asserted
by Eagle or any third party due to or arising out of
your use of or conduct on the Service. Eagle will notify
you within a reasonable period of time of any third
party claim for which Eagle seeks indemnification and
will afford you the opportunity to participate in the
defense of such claim, provided that your participation
will not be conducted in a manner prejudicial to Eagle's
interests, as reasonably determined by Eagle.
15. Management of Network
Eagle is committed to the ongoing management of its
network to improve its service offerings, protect
customers, and create new services and feature
enhancements for its CHSI subscribers. Network
management may include, without limitation, the
following actions: rate limiting of email (as set forth
in our email policies), rejection or removal of "spam"
or otherwise unsolicited bulk email, port blocking,
cyber-security mechanics (including identification and
blocking of viruses, phishing sites and other malware),
measuring subscriber bandwidth usage, traffic
prioritization and protocol filtering. Eagle manages its
network for the greatest benefit of the greatest number
of subscribers. The network management actions
implemented by Eagle may affect the performance of the
Service from time to time, although Eagle strives to
minimize any impact.
Eagle may enforce limits on specific features of the
Service including, without limitation, email storage
(including deletion of dormant or unchecked email) and
bandwidth allowances. Visit www.eaglecom.net to learn
the limits on specific features of the Service.
16. Online Advertising
When you use the Service, Eagle may display
advertisements, public service announcements, and other
messages to you. Eagle does not use your web surfing
activity or other online behavior to determine the
advertisements and other information shown to you.
17. Damage to and Encumbrances on Equipment,
Computer, Software
If Equipment is leased or loaned to you by Eagle the
Equipment remains the property of Eagle. You may not
sell, transfer, lease, encumber or assign all or part of
the Equipment to any third party. You agree to pay the
full retail cost for the repair or replacement of any
lost, stolen, unreturned, damaged, sold, transferred,
leased, encumbered or assigned Equipment or part
thereof, together with any costs incurred by Eagle in
obtaining or attempting to obtain possession of any such
Equipment. You hereby authorize Eagle to charge your
credit card or other payment method authorized by you
for any outstanding Service, Equipment, and repair and
replacement costs described herein. Eagle may, at its
option, install new or reconditioned Equipment,
including swapping your existing equipment for
Eagle-compliant equipment, for which you may incur a
fee.
18. Copyright and Trademark Notices
Materials available on Eagle Web sites are protected by
copyright law.. All other trademarks and service marks
are the property of their respective owners.
19. Intellectual Property Infringement Claims
Eagle is registered under the Digital Millennium
Copyright Act of 1998. In accordance with Title 17,
United States Code, Section 512(c)(3), if you believe
that a Web page hosted by Eagle is violating your rights
under U.S. copyright law, you may file a complaint of
such claimed infringement with Eagle's designated agent.
20. Governing Law and Jurisdiction
This Agreement is governed by the laws of the state in
which your billing address in our records is located,
and applicable federal law. All court proceedings and
arbitration must be in the county and state in which
your billing address in our records is located.
21. Miscellaneous
This Agreement constitutes the entire agreement and
understanding between the parties with respect to its
subject matter and supersedes and replaces any and all
prior written or oral agreements. In the event that any
portion of this Agreement is held to be unenforceable,
the unenforceable portion shall be construed in
accordance with applicable law as nearly as possible to
reflect the original intentions of the parties and the
remainder of its provisions shall remain in full force
and effect. Nothing contained in this Agreement shall be
construed to limit Eagle's rights and remedies available
at law or in equity. Eagle's failure to insist upon or
enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct
between the parties nor trade practice shall act to
modify any provision of this Agreement. This Agreement
may not be assigned or transferred by you. This
Agreement is freely assignable by Eagle to third
parties.
22. How to Contact Us
For any questions regarding this Subscriber Agreement,
billing or other, please contact Eagle at one of the
following:
Email:
support@eaglecom.net
Phone and U.S. Mail: See your invoice or visit
www.eaglecom.net
and check under "Contact Us"
Terms and Conditions
Updated 11/18/11
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS DO NOT
INSTALL AND/OR ACTIVATE THE EAGLE SERVICE.
Subject to credit approval, Eagle will provide all
services that You, the Subscriber, request, on the
following terms and conditions. All Eagle services are
referred to as “Service” or “Services”. If Eagle
provides telephone Service in Your area, such Service
will be provided through the Eagle telephone affiliate
servicing Your area, and You will also be bound by that
affiliate’s tariff on file with the State telephone
regulatory authority and/or the tariffs or other terms
of service located on Eagle’s website at
www.eaglecom.net . If You receive Eagle’s High Speed
Internet Service, You will also be bound by the Eagle
High Speed Internet Subscriber Agreement, and the Eagle
Acceptable Use Policy, both located at www.eaglecom.net
or at another URL Eagle may designate. The Services are
also subject to the Annual Notice that You will receive
each year, which contains, among other things, the
Privacy Notice.
Eagle’s Obligations:
1. Install in a workmanlike manner, the Eagle necessary
equipment and materials.
2. Maintain Eagle equipment in accordance with
reasonable industry standards and applicable
regulations.
3. If available, You may subscribe to the Eagle wiring
maintenance plan, and Eagle will install and/or maintain
wiring inside Your premises (“Internal Wiring”).
Otherwise, Eagle may have no responsibility for the
maintenance of Your Internal Wiring.
4. Eagle has no obligation or responsibility for loss of
stored content on any devices or for any damage to your
devices.
Your Obligations:
1. Pay all installation, equipment, service or other
charges by due date of Eagle’s bill. Charges are
according to Eagle’s rate schedule or tariff applicable
at the time Services are rendered. Monthly service rates
may be subject to additional federal, state and local
fees, taxes, surcharges or other charges. Fees and
charges are payable in advance once service is
initiated. If You terminate Service before the end of a
prepaid period, Eagle will refund the prorated unused
portion of the fees and charges. If the pro-rata unused
portion is less than $5.00, Eagle will make the refund
on Your request. If You or Eagle terminate Service
without payment in full by the due date, Eagle may
transfer outstanding balances for Services provided
under this Agreement to other accounts that You have
with Eagle.
2. If You fail to make timely payment, Eagle may
terminate Service, remove Eagle equipment and impose
late fees and collection trip fees, if applicable. Late
fees and collection trip fees will not exceed the
maximum amount permitted by law.
3. Provide Eagle's employees and representatives with a
safe working environment.
4. Assume complete responsibility for improper use,
damage or loss of any equipment furnished by Eagle. You
shall only use the equipment and Services in accordance
with the Eagle terms and conditions and in a manner that
complies with applicable laws and regulations. If You
use the Services or equipment in a manner that violates
the Eagle terms and conditions or applicable laws and
regulations, then Eagle shall have the right to
immediately restrict, suspend, or terminate your
Services, without liability on the part of Eagle.
5. Allow Eagle access into Your premises to install,
maintain or repair, upgrade (if any), and remove Eagle
equipment. Eagle personnel have Eagle identification you
may request and examine. If You are not home at the time
of a service call, You may authorize any other adult
resident or guest at Your residence to grant Eagle
access to Your premises.
6. Any attempted assignment or transfer of the Services
to any other tenant or occupant or to any other location
without Eagle’s prior written consent is prohibited and
is a breach of this Agreement.
7. If You do not own Your premises: (i) You represent
that You have obtained necessary permission from the
owner to install Eagle’s equipment (including, without
limitation, equipment attached to the outside of the
premises); and (ii) You will indemnify Eagle from all
claims of the owner in connection with the installation
and provision of the Services.
8. Eagle may provide a modem with backup battery power
for telephone service that requires a telephone cable
modem to receive telephone service. That modem will
remain the property of Eagle and must be returned upon
disconnection of Service. In the event of a power
outage, your telephone Service will continue to operate
for up to eight hours with the backup battery that Eagle
provides. If Eagle does not provide a modem or backup
battery power for Eagle Services utilizing a telephone
cable modem, you must provide it and it will remain your
responsibility in all respects. If (i) the modem that
supplies your telephone Service is disconnected or
moved, (ii) the backup battery is not charged or
otherwise becomes inoperable, or (iii) there is an
extended power outage, telephone Service, including
access to E911, will not be available. Eagle uses your
telephone Service address to identify your location for
E911 Service. To ensure that E911 dispatch receives your
correct address, the telephone modem should not be
moved, even inside your home. You must notify Eagle in
advance if you would like to move or relocate your
telephone Service.
Equipment: All Eagle Equipment and
embedded Software (Equipment) provided to You by Eagle
or its agent will remain the property of Eagle. Eagle
shall have the unrestricted right, but not the
obligation, to install or modify the software in any of
the Equipment. It is a material breach for You to copy,
duplicate, reverse engineer or in any way tamper with or
interfere with any Software provided to You by Eagle.
You also agree:
1. To use the Equipment only for receiving Services
ordered from or through Eagle. You will only use any
modem embedded in a digital video box for the receipt of
Eagle video Services.
2. To promptly return the Equipment to Eagle in good
condition and without any encumbrances, except for
ordinary wear and tear resulting from proper use,
immediately upon discontinuance of Service.
If You do not promptly return the Equipment or if it is
damaged or encumbered, (“Unreturned Equipment”), the
damages Eagle will incur will be difficult to ascertain.
Therefore, You agree to pay, and Eagle may charge Your
account, a liquidated damages amount equal to Eagle’s
reasonable estimates of the replacement costs and
incidental costs that Eagle incurs; provided, however,
that such amount will not exceed the maximum amount
permitted by law (the “Unreturned Equipment Charge”).
This provision and any other provision that by its
nature should survive shall survive the termination or
expiration of this Agreement.
Programming: You acknowledge that Eagle
reserves the right at any time and in its sole
discretion to change its channel lineup and/or to
pre-empt specific programs or parts of programs
previously advertised as available. Eagle also reserves
the right to alter its fee structure upon notice to You.
You may immediately terminate service upon notice to
Eagle. You may not rebroadcast, tran it, record,
perform, or charge admission to view or listen to any of
the programming made available by the Services unless
you obtain and pay for any public performance licenses.
LIMITATION OF WARRANTIES AND LIABILITY: EAGLE,
ITS PARENT, AFFILIATES, EMPLOYEES, (COLLECTIVELY AND
INDIVIDUALLY, THE “EAGLE GROUP”) MAKE NO WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, AS TO THE EQUIPMENT FURNISHED TO YOU AND/OR
SERVICES PROVIDED. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THESE
PROVISIONS MAY NOT APPLY TO YOU. THE EAGLE GROUP SHALL
NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH, OR THE
DEGRADATION OR INTERRUPTION OF ANY SERVICES, FOR ANY
LOST DATA OR CONTENT, IDENTITY THEFT, FOR ANY FILES OR
SOFTWARE DAMAGE, REGARDLESS OF CAUSE. THE EAGLE GROUP
SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY
TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE
OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE
PROVISION OF SERVICES. NOR SHALL EAGLE BE LIABLE FOR
FAILURE TO PROVIDE SERVICE IF THE CAUSE IS DUE TO THE
ACTS OF A THIRD PARTY. YOU HEREBY INDEMNIFY AND HOLD
HARMLESS THE EAGLE GROUP FROM ANY CLAIMS, ACTIONS,
PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING
ATTORNEYS’ FEES, ARISING OUT OF (I) SUCH DAMAGE OR
INJURY RESULTING FROM ANY CLAIM THAT YOUR USE OF THE
SERVICE INFRINGES ON THE PATENT, COPYRIGHT, TRADEMARK OR
OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY,
(II) ANY BREACH OR ALLEGED BREACH BY YOU OF THIS
AGREEMENT; OR INJURY TO PERSON OR PROPERTY RESULTING
FROM YOUR NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL THE
EAGLE GROUP BE LIABLE FOR ANY INCIDENTAL, INDIRECT,
PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES. THE EAGLE
GROUP’S MAXIMUM TOTAL LIABILITY TO YOU ARISING UNDER
THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY
PAID BY YOU IN THE TWELVE MONTHS PRECEDING YOUR CLAIM.
Breach of Agreement: If You breach this
Agreement, or any other agreement referenced herein,
Eagle has the right to terminate this Agreement and
retrieve its equipment. Eagle’s failure to require Your
strict performance of any term of this Agreement shall
not be a waiver of Eagle’s right to require strict
performance of any term or condition herein.
Entire Agreement: This Agreement, any
applicable tariffs and other agreements specifically
referenced herein constitute the entire agreement
between Eagle and You for the subject matter hereof.
Only Eagle may make modifications to this document. The
invalidity or unenforceability of any term of this
Agreement shall not affect the validity or
enforceability of any other provision.
Your Internet Service Performance
Eagle provides residential and commercial customers with
a variety of high-speed Internet plans from which to
choose, See Exhibit A.
Eagle provisions its customers' modems and engineers its
network to ensure that its customers can enjoy the
speeds to which they subscribe. However, Eagle does not
guarantee that a customer will actually achieve those
speeds at all times. Unless a customer purchases an
expensive, dedicated Internet connection, no Internet
Service Provider ("ISP") can guarantee a particular
speed at all times. Eagle advertises its speeds as "up
to" a specific level based on the tier of service to
which a customer subscribes.
The "actual" speed that a customer will experience while
using the service depends upon a variety of conditions,
many of which are beyond the control of an ISP such as
Eagle. These conditions include:
1. Performance of a customer's computer, including its
age, processing capability, operating system, the number
of applications running simultaneously, and the presence
of any adware and viruses.
2. Type of connection between a customer's computer and
modem. For example, in-home wireless connections between
the computer and the router or modem may be slower than
wired connections. In-home wireless connections also may
be subject to greater performance fluctuations, caused
by factors like interference and congestion. Eagle
recommends that customers confirm that their in-home
wireless connections are able to support the speeds that
Eagle’s services deliver. Certain older in-home wireless
connections and routers cannot perform at the speeds
delivered by Eagle’s higher speed tiers. Customers can
lease the necessary equipment from Eagle, though even
wireless routers leased from Eagle are subject to the
same limitations mentioned above.
3. The distance packets travel (round trip time of
packets) between a customer's computer and their final
destination on the Internet, including the number and
quality of the networks of various operators in the
transmission path. The Internet is a "network of
networks." A customer's Internet traffic may traverse
the networks of multiple providers before reaching its
destination, and the limitations of those networks will
most likely affect the overall speed of that Internet
connection.
4. Congestion or high usage levels at the website or
destination. When you access a site or particular
destination that is being visited by others at the same
time, you may experience a slower connection if the site
or destination does not have sufficient capacity to
serve all of the visitors efficiently at the same time.
5. Gating of speeds or access by the website or
destination. To control traffic or performance, many
websites limit the speeds at which a visitor can
download from their site. Those limitations will carry
through to a customer's connection.
6. The performance of the cable modem you have
installed. Modem performance may degrade over time, and
certain modems are not capable of handling higher
speeds.
Speed
Below are the Eagle speed results by Product tier:
| Eagle Cable Modem | |||
| Speed | |||
| Down (Mbps) | Up (Mbps) | ||
| Tier | Measured | Tier | Measured |
| 1 | 0.9 | 0.512 | 0.45 |
| 3 | 2.7 | 1 | 0.9 |
| 6 | 5.4 | 1.5 | 1.35 |
| 10 | 9 | 2 | 1.8 |
| 20 | 19 | ||
| 50 | 47 | ||
| Eagle Wireless | |||
| Speed | |||
| Down (Mbps) | Up (Mbps) | ||
| Tier | Measured | Tier | Measured |
| 0.256 | 0.23 | 0.256 | 0.23 |
| 0.768 | 0.71 | 0.384 | 0.34 |
| 1 | 0.9 | 0.512 | 0.46 |
| 2 | 1.8 | ||
| 3 | 2.7 | ||
Again, while individual experiences may vary, these numbers represent the average customer experience for each Eagle Product Tier.
But you also can test your speeds yourself. There are other external speed tests that measure Internet performance. We have provided links to a few of these sites below for your reference. Please note, however, that all speed tests have biases and flaws. Each of these tests measures limited aspects of an ISP's speed and therefore must be seen as a guide rather than definitive measurements of performance.
• http://www.speedtest.net
• http://netalyzr.icsi.berkeley.edu
• http://www.broadband.gov/qualitytest/about/
Latency
Latency is another measurement of Internet performance.
Latency is the time delay in transmitting or receiving
packets on a network. Latency is primarily a function of
the distance between two points of transmission, but
also can be affected by the number and quality of the
network or networks used in transmission. Latency is
typically measured in milliseconds, and generally has no
significant impact on typical everyday Internet usage.
As latency varies based on any number of factors, most
importantly the distance between a customer's computer
and the ultimate Internet destination, it is not
possible to provide customers with a single figure that
will define latency as part of a user experience.
As discussed above, the FCC recently concluded a
nationwide network performance test of the largest ISPs
in the U.S., including Eagle. Latency tests were
performed using User Datagram Protocol ("UDP") packet
tests that measure the round trip time it took those
packets to travel between a customer location and a
target test node. According to the FCC's test results,
the cable industry average latency was approximately 28
milliseconds, and DSL averaged 44 milliseconds. Below
are the Eagle results by tier:
| Eagle Tier Name | Latency |
| Cable Modem | 40.0 ms |
| Wireless | 80.ms |
The results do not define latency as part of a particular user experience because (i) the results include time spent traversing networks not controlled by Eagle; and (2) the geographic distance between any given user and the target node may vary greatly from those employed in the FCC's broadband measurement project. But customers can test the latency characteristics of their service at http://speedtest.Eagle.net.
Of course, this test also may incorporate limitations in a customer's home network and computers, and therefore will not necessarily reflect the performance of the Eagle network.
There are other latency tests available on the Internet. We have provided links to a few of these sites, above in the Speed Test Section, for your reference. As previously explained, however, all tests have biases and flaws, and therefore must be seen as a guide rather than definitive measurements of performance.
