Acceptable Use Policy

Please note that the Acceptable Use Policy is for the protection of you, our customers. We want you to enjoy the internet and the service EagleNet provides, and these policies are meant to keep others from preventing your continued enjoyment.

EagleNet Acceptable Use Policy

This Acceptable Use Policy constitute an agreement between EagleNet and its customers. Customers acknowledge acceptance of these Policies by using services provided by EagleNet.

Customer also acknowledges that EagleNet may change the Policies at any time, and that it is the Customer's responsibility to remain informed on the changes. Continued use of the Service, after a change in the Policies, shall serve as acceptance of the changes. As a courtesy, EagleNet shall indicate the date of last change to the Policies on its home web page.

DEFINITIONS

"EagleNet" shall mean EagleNet.
"Customer" shall mean the customers of EagleNet.
"Service" shall mean the internet access provided by EagleNet to its Customers.
"Account" shall mean the login information used by the Customer to obtain access, and the associated directories and files on EagleNet's equipment.
"Network" shall mean the internet itself, including the equipment, software, and services owned and operated by EagleNet.

DISCLAIMER OF WARRANTY

THE SERVICE IS PROVIDED TO THE CUSTOMER AS IS, WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE IS ASSUMED BY THE CUSTOMER. EagleNet DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL EagleNet BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF EagleNet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TERMS AND TERMINATION

Either party may terminate this Agreement for any reason upon thirty (30) days written notice. No other action, especially simply cessation of use of the Service, constitutes termination of this Agreement.
Either party may terminate this Agreement immediately upon written notice if the other party is in breach of any Policy of this Agreement.
Upon termination of the Agreement, EagleNet will delete the corresponding Account from its systems, and refund any money not yet applied toward services rendered with a one-month minimum amount.

POLICIES

Customer agrees that EagleNet has the exclusive right to resolve any and all disputes over the language or interpretation of this Agreement.
EagleNet agrees to provide the Service requested by Customer according to established practice and keep it active and accessible as much as is possible.
EagleNet agrees that Customer contact information is private, and that such information shall not be disclosed to any individuals, companies, or organizations, unless Customer consents to disclosure, or the information is subpoenaed.
Customer warrants that the Customer is at least 18 years of age or older. If Customer is under 18 years of age, then proof must be provided of a Court Order stating that the minor is emancipated and able to enter into such agreements, or written proof of parental consent must be given. If parental consent is given, then the Customer shall be the consenting parent(s), and the minor shall be the designated user of the Customer's Account. The Customer is solely responsible for all fees due EagleNet, and all activities which occur related to the Account.
Customer may not sell, resell, assign, or transfer the Account, or this Agreement, without the prior written consent of EagleNet. This includes resale of services, either in whole or in part. Customer may not share the account with or disclose the password to other individuals outside the household or organization. Customer recognizes that each account is allowed one concurrent connection to the network. Multiple simultaneous connections requires multiple accounts.
EagleNet may sell, assign, or transfer this Agreement without notice at any time.
Customer agrees to pay for the Service according to the established billing rates. Customer is responsible for all fees accrued, even after the account is terminated, up to the date of the termination.
Customer agrees that the minimum billing period is one calendar month, and that usage of Service in any calendar month necessitates payment of services for that entire month. In the event that a quarterly or semiannual rate has been paid in advance and customer cancels the Agreement in writing prior to the end of the period, the discounted invoice will be removed and monthly invoices inserted in its place before any funds are refunded.
Customer also acknowledges that any account with an open balance that has aged more than 7 days may at EagleNet's discretion be temporarily and partially suspended pending payment. During the temporary suspension, partial services will be rendered, such as the receipt and storage of email. Customer agrees that EagleNet is entitled to the full billing rate for the account type during the partial suspension period.
Customer agrees that if the account has open invoices aged 180 days or more, it will be completely terminated and a final statement will be mailed to the last known mailing address. Cessation of use does not constitute termination of service, and customer agrees they are responsible for all charges on the account up to the date of termination.
Customer agrees that the minimum billing period is one calendar month, and that usage of Service in any calendar month necessitates payment of services for that entire month. In the event that a quarterly or semiannual rate has been paid in advance and customer cancels the Agreement in writing prior to the end of the period, the discounted invoice will be removed and monthly invoices inserted in its place before any funds are refunded.
Customer acknowledges that software and/or hardware involved in Customer's use of the Service at the Customer's premises are the Customer's sole responsibility. If any such software or hardware is deemed by EagleNet to be an obstruction or harmful to the Network, Customer will remove the software or hardware from the Network.
The Service may be used for legal activities only. Any activity in violation of any applicable laws, regulations, or statutes, including but not limited to: transmission of copyrighted material, protected trade secrets (whether of EagleNet or other organizations), threats, libel, slander, harassment, or obscene material; piracy; cracking; extortion; blackmail; or unauthorized access to any computers or processes on the Network, is strictly forbidden.
Customer agrees that access to other organizations' networks, information, or material, through EagleNet, shall be in compliance with the other organizations terms, policies, or conditions.
Customer shall refrain from e-mail bombing, mass posting of non-topical articles to the USENET, or other forms of mass posting, whether intended for good or ill. Specifically, the practice known as "spamming", either via email or via USENET, is expressly prohibited, and shall result in immediate account termination. Additionally, EagleNet's password file, or any other list of EagleNet customer information on the Network, may not be used for any purpose other than logging in to the Account.
Customer agrees to respect the availability of access to others, and shall therefore not remain connected to EagleNet's modem pool for extended periods without actively using the connection. What constitutes an extended period, and what constitutes active use, are at the sole discretion of EagleNet.
Customer recognizes that "unmetered access" does not equate to "dedicated connection". Customer agrees that if the usage of an unmetered dialup account incurrs greater costs to EagleNet than the revenue generated by the account, then the Customer must either switch to a metered or dedicated account, or cancel service, at the request of EagleNet.
At EagleNet's request, the Customer shall agree to defend, indemnify, and hold harmless EagleNet, its principals, agents, and employees, from any claims and expenses, arising out of or related to Customer's use of the Service.
Customer acknowledges that no other agreements, whether verbal or written, are in effect. Any such agreement is hereby null and void, and this Agreement supersedes them. In the event that a portion of this Agreement is held unenforceable by a court of law, then the remaining Policies shall remain in full force and effect. The unenforceable portion shall be construed in accordance with applicable law to reflect the original intentions of EagleNet as closely as possible.