Internet Service Agreement
Internet Service Agreement
Eagle Communications, Inc (hereinafter called “Eagle”) agrees to provide and the User agrees to receive access to Internet service according to the price schedule separately attached and to the following terms and conditions:
1. Eagle reserves the right to suspend or terminate User’s access to Internet service for any of the following reasons, to-wit:
a. Upon receiving an indication of credit problems, including delinquent payments or rejection of any credit card charges, or
b. User’s failure to comply with all local, state and federal laws, rules and regulations governing User’s use of the Internet, or
c. Any unauthorized third party’s use of Internet services being provided to User with or without User’s consent, or
d. Any inappropriate or other misuse of the Internet so determined in the sole discretion and judgment of Eagle.
2. Neither Eagle nor its information providers shall be responsible for any damages arising from User’s use of Internet service being provided by Eagle or by User’s inability to use Eagle’s Internet service, whether or not caused by the fault or negligence of Eagle, and the User does hereby waive the right to claim consequential or compensatory damages of any nature whatsoever arising out of User’s inability to use Internet service provided by Eagle herein.
3. Eagle reserves the right to change without notice the Internet service being provided under this agreement, including but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
4. Eagle reserves the right to apply additional monthly charges or suspend service for bandwidth usage (upload and/or download) that is deemed to be above normal levels with a thirty (30) day notice.
Bandwidth, Data Storage and Other Limitations. Eagle Communications offers multiple packages of Service with varying speeds and 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 Limitations 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 Communications 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 Communications ability to deliver the Service and monitor the Service, backbone, network nodes, and/or other network services. If you use excessive bandwidth (as determined by Eagle Communications), Eagle Communications may terminate, suspend, or require you to upgrade the Service and/or pay additional fees.