Eagle Communications Policies
Eagle Communications policies regarding our services and business practices.
Eagle High Speed Internet Acceptable Use Policy
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: email@example.com
• Phone: See your invoice or www.eaglecom.net
• U.S. Mail: See your invoice or www.eaglecom.net
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.
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.
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.
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.
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.
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:
Phone and U.S. Mail: See your invoice or visit www.eaglecom.net and check under "Contact Us"
Terms and Conditions
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.
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.
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.
Below are the Eagle speed results by Product tier:
|Eagle Cable Modem|
|Down (Mbps)||Up (Mbps)|
|Down (Mbps)||Up (Mbps)|
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.
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|
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.