These are the Terms of Service for EagleZip.com LLC (hereinafter “EagleZip.com”) High-Speed Cable or Wireless Internet Access Service (the “Service”). All Service subscribers (“Members”) are bound by these Terms of Service.
PLEASE REVIEW THESE TERMS BEFORE ACCESSING THE SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS OF SERVICE YOU MAY NOT ACCESS THE SERVICE. YOUR USAGE OF THE SERVICE BINDS YOU TO ALL TERMS SET FORTH HEREIN.
All accounts are billed on either a monthly, quarterly, bi-annual, or annual basis. All invoices are sent out (29) days prior to the due date. The Service is considered a pay-ahead service and as such, all payments are due by the first day of each new billing cycle. The billing cycle begins the day after initial signup and continues until account is cancelled. If payment is not received by the first day of the billing cycle and payment arrangements have not been made by Member, Service may be subject to disconnection. EAGLEZIP.COM IS IN NO WAY LIABLE FOR DAMAGES, DIRECT OR INDIRECT, WHICH MAY BE INCURRED BY MEMBER DUE TO DISCONNECTION FOR NON-PAYMENT. A $20.00 reconnection will be charged to reactivate the account. If Member believes an error has been made it is their sole responsibility to contact the EagleZip.com billing department in order to rectify the problem.
Once signed up for Service, the Member has a period of ten (10) days in which to work with EagleZip.com to resolve any technical problems which, if deemed by EagleZip.com, in its sole and absolute discretion, to be irresolvable and not in any way related to Member’s personal property, they may cancel Service without any penalty and receive a full refund. After this period has expired, Member will be refunded according to normal refund policies. If Member wishes to cancel, they must inform EagleZip.com of their intent to cancel by the last day of their billing cycle. Once charges have been incurred or paid by Member for a billing cycle, EagleZip.com will consider the account to be active for the new billing cycle and Member may not be refunded for the first month of the cycle regardless of usage on the account.
Refunds are available to Members paying for Service on a quarterly, bi-annual, or annual basis. No refunds will be issued on monthly accounts. If Member cancels their account after the initial ten-day period it will be converted to a monthly account for billing purposes.
EagleZip.com grants Member a non-exclusive, non-transferable right to access, use and display Service on any computer(s) of which Member is the primary user. Unlimited access does NOT entitle Member to a full time or dedicated connection. Service is provided on an “AS IS” AND “AS AVAILABLE” BASIS. NO WARRENTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY EAGLEZIP.COM, IT’S EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, OR THEIR RESPECTIVE EMPLOYEES, SHALL CREATE A WARRANTY OF ANY TYPE. It is also understood that Member may be subject to Terms of Service or the like for other services purchased from EagleZip.com or any other services available through Service provided by EagleZip.com.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL EAGLEZIP.COM, ITS EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, OR THEIR RESPECTIVE EMPLOYEES BE HELD LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL THAT ARE A RESULT OF MEMBER’S USE OF THE SERVICE, THEIR INABILITY TO USE THE SERVICE, OR THEIR ABILITY OR INABILITY TO ACCESS OR USE ANY SERVICES OR PRODUCTS AVAILABLE THROUGH THE SERVICE PROVIDED BY EAGLEZIP.COM. EAGLEZIP.COM SHALL UNDER NO CIRCUMSTANCES BE HELD LIABLE FOR ANY DAMAGE TO PROPERTY OF ANY KIND BELONGING TO MEMBER, OR HARM, PHYSICAL OR OTHERWISE, TO MEMBER OR ANY PERSON GRANTED ACCESS TO THE SERVICE BY MEMBER.
Member setting up account maintains they are at least eighteen (18) years of age. Member also understands there to be content available through the Service that is out of the control of EagleZip.com, and may not be suitable for access by persons under the age of eighteen (18). Member understands the content of the Internet to be unedited in many cases and that EagleZip.com accepts no responsibility whatsoever for any access by Member or minor in the care of Member to this material.
Member agrees to hold harmless and indemnify EagleZip.com, its employees, affiliates, contractors, licensors, and any of their respective employees against any claim, loss, judgment, damage or expense incurred without limitation to attorney’s expenses or fees incurred by EagleZip.com, its employees, affiliates, contractors, licensors, and any of their respective employees due to authorized or unauthorized use of Member’s account or access to Service, willful misconduct or breach of this Terms of Service agreement, negligence, including but not limited to claims, liabilities, losses, damage, judgment and expense which may arise out of such actions. Member shall notify EagleZip.com of any obligations it may incur due to these or any other actions.
Installation and Customer Premise Equipment (CPE)
EagleZip.com will provide Member with the equipment and installation necessary for one (1) computer to access the Service. Any additional installation services or equipment are not included and will be billed in addition, according to the quoted rates as requested. Unless Member is specifically invoiced for a particular piece of equipment, all CPE provided by EagleZip.com remains the property of EagleZip.com at all times. This includes cable modems, wireless receivers, antennas, as well as all ancillary items such as power cords and adapters, mounting equipment, and connector cables. EagleZip.com may require Member to pay a deposit to be held against CPE provided and owned by EagleZip.com. Deposits will be returned to Member without interest when the CPE is returned in working order with all cables and accessories included within ten (10) days of canceling the Service. EagleZip.com grants Member the right to use CPE to access the Service for as long as Member is subscribed to the Service. Member may not use the CPE for any other purpose and must return the CPE within ten (10) days of canceling the Service. Internal or external wiring which may be installed at Member's location becomes the property of the Member upon installation, and it is Member's responsibility to maintain any such wiring after installation.
EagleZip.com will provide technical support to Member during regular business hours. The scope of this support reaches only so far as to address technical problems preventing access by Member to the Service. Member understands that not all technical problems may be addressed by telephone, including but not limited to viruses, spyware, adware, or any other software or hardware problems that Member’s equipment may have. Member understands that EagleZip.com will work to resolve problems to the fullest, commercially reasonable extent, but also understands some problems may require the attention of a technician. EagleZip.com will not under any circumstances be responsible for costs incurred or damage of any kind caused to Member by the performance of a service technician not authorized by EagleZip.com.
In some cases Member may experience technical difficulties with the Service which cannot be resolved or identified by means of standard Technical Support. In these cases EagleZip.com may, at its sole discretion, find it necessary to schedule an on-site Trouble Call visit to Member's location. Trouble Calls will be scheduled at the earliest time mutually convenient to both EagleZip.com and Member during EagleZip.com's normal business hours. Once at Member's location, EagleZip.com will determine the problem with the Service at no charge to Member. If the problem is determined, at EagleZip.com's sole discretion, to be the fault of EagleZip.com or CPE provided by EagleZip.com, it shall resolve the problem with the Service at no charge to Member. If it is determined, again at EagleZip.com's sole discretion, that the problem is due to any other cause including, but not limited to, negligence by Member or any third party, wear of any wiring or other equipment owned by Member, power surge, lightning strike or other act of God, or any other cause not directly related to work or equipment of EagleZip.com, Member will be billed for the cost of the repair.
Member will not at any point use the Service in a way that is prohibited by any law or regulation or to facilitate the violation of any law or regulation.
Member will not use the Service in any way to disrupt the quiet enjoyment of others.
Member will not at any time operate a web server, mail server, or other similar equipment utilizing the Service without prior written consent of EagleZip.com.
Member will not use the service to send large quantities of email, unsolicited or otherwise by way of EagleZip.com email servers or in any way which implicates or harms the image of EagleZip.com in the marketplace.
Member will not attempt through any means to hack, exploit, or destabilize in any way EagleZip.com’ network or equipment or those of any party accessed through the Service.
Member understands that any information transmitted through use of the Service in general is not confidential. EagleZip.com makes no guarantee of privacy to any Member and reserves the right to from time to time monitor the usage of Member if in the sole and absolute discretion of EagleZip.com it is deemed necessary.
Member understands that EagleZip.com does not at any point in time guarantee backup of email or any other information stored on EagleZip.com’s network with regard to any Member.
If Member wishes to at any time purchase goods, services, or anything else through use of the Service, it is solely Member’s responsibility to verify the authenticity and intentions of any particular vendor. EagleZip.com does not guarantee such actions to be secure and will under no circumstances be held liable for any fraud, theft or any damages, liabilities, claims, or judgments brought about by Member’s purchase or attempted purchase through use of the Service.
Failure to Comply
If at any point in time Member fails to comply with any of the terms set forth herein, EagleZip.com reserves the right to terminate Service provided to Member without issuance of a refund for any unused access. Member will also be held liable for any damages, direct or indirect, financial or otherwise incurred by EagleZip.com for any harm caused due to a failure to comply with these Terms of Service.
EagleZip.com agrees that all information provided by Member (including but not limited to name, address, phone number, password, checking and/or credit card and email address) will remain confidential. Such information may be viewed only by EagleZip.com staff members and required third party partners. EagleZip.com reserves the right to make such information available under extenuating circumstances to appropriate medical/law enforcement personnel as deemed necessary by staff. EagleZip.com also reserves the right to use information for internal marketing purposes at any time deemed appropriate by staff. In addition, EagleZip.com also RESERVES THE RIGHT TO MAKE ALL PERSONAL INFORMATION, INCLUDING BUT NOT LIMITED TO USAGE HISTORY, AVAILABLE TO CONTACTS OR REPRESENTATIVES OF LAW ENFORCEMENT AGENCIES UPON REQUEST OF SUCH AGENCIES or for collection purposes.
Third Party Partners
In many cases EagleZip.com relies on third party network operators and carriers to deliver Service to Member. These third parties include our local cable plant operator partners, network backhaul providers, upstream VoIP carriers, and any other companies whose involvement may be required to deliver Service. Member agrees and acknowledges that EagleZip.com may be required from time to time to disclose certain non-confidential personal information such as name, address, telephone number, and e-mail address to our third party partners in order to deliver the Service.
In some cases our third party cable operator partners may bill Members directly for the Service. In these cases the Billing Period, Cancellation, and Refund policies contained herein shall be replaced by the corresponding policies of the partner from which the billing originates.
Network Management Policies
In accordance with state and federal regulations commonly referred to as “Net Neutrality” EagleZip.com does not engage in any content filtering or prioritization based on the source or type of Internet traffic Member may access. EagleZip.com does prioritize its own VoIP (Voice over IP) telephone traffic for a particular subscriber over other traffic to or from that same subscriber to ensure the highest quality phone service possible. However VoIP telephone traffic from competing providers is not given a lower priority than any other Internet traffic.
EagleZip.com reserves the right, at its sole discretion, to block specific types or sources of Internet traffic to all Members if such traffic is determined to be malicious or pose a risk to EagleZip.com’s network or servers.
All Internet download and upload speeds advertised by EagleZip.com are “up to” speeds and are the maximum attainable speeds at that service level when directly connected to the EagleZip.com provided CPE with an ethernet cable. Actual observable speeds will be reduced by any connected devices which are using the Internet, including devices which may not be actively in use but may be downloading updates or other background tasks which connect to the Internet. Portable devices connecting via WiFi may not obtain the full advertised speeds due to limitations of the wireless router or poor WiFi signal.
EagleZip.com reserves the right to make exception to terms of this agreement without formally altering its policies. Such variations in no way constitute a change to this Terms of Service agreement and make absolutely no guarantee of future performance to the same effect.
Changes to this Agreement
EagleZip.com reserves the right to from time to time revise the terms of this agreement. EagleZip.com will provide a notice with your invoice to indicate changes at least thirty days prior to the effective date of the changes. The current version of the document will always be available on our website www.eaglezip.com. If Member does not agree with terms of the new agreement, it is their sole responsibility to cancel their account with EagleZip.com. If Member’s account is not cancelled before the effective date of the new Terms of Service agreement, they signal their agreement to the new terms and will be bound by them.
Member’s sole remedy regarding disputes with regard to the terms of this agreement will be to cancel their account immediately.