Eastex Telephone Cooperative, Inc. and its wholly owned subsidiary Eastex Celco, LLC d/b/a Eastex.Net (collectively “Eastex”) offers our customers Internet Services (the “Service” or “Services”) subject to these terms and conditions (the “Agreement”). For purposes of this Agreement, “you,” “your,” “Customer,” and “Member” refer to the person purchasing the Services. “We,” “our,” and “us” refer to Eastex.
Activation, Cancellation or Modification. Services can be ordered, cancelled or modified by calling our offices at 1-903-854-5000 or toll free at 877-327-8396 (877-EASTEX-NET). In some cases we may be able to assist you remotely over the phone or via the Internet by computer in accordance with our fee schedules. Fees apply in accordance with our fee schedules for any work performed. Certain of our fee schedules may be listed on our website at www.eastex.com and are subject to change without notice. Any fees will be added to your bill if you are a current customer of Eastex, and payment will be due in the same manner as payment for other Eastex services. Cancellation will be effective as of the end of the month in which notice is received, and you will remain liable for Service charges for that month. Requests for upgrades to the Services which are accepted will take effect at the beginning of the next month following receipt of the upgrade request. Requested downgrades to the Services will be subject to standard installation charges, if any. Customers will receive a maximum of 30 minutes of technical support and thereafter will be charged $1.00 per minute.
By enrolling in, activating, using, or paying for the Services, you agree to the terms and conditions in this Agreement, including but not limited to the prices, charges, and terms and conditions provided to you in marketing and informational materials associated with the Services and on the Eastex website, www.eastex.com, as amended, all of which are incorporated herein by reference. If you do not agree to all of the aforementioned terms and conditions, do not use the Services, and cancel the Services immediately by calling Eastex at the phone numbers listed above.
All use of the Services, whether or not authorized by you, shall be deemed your use. You are responsible for ensuring that all use of the Services complies with this Agreement.
Modification of Agreement. This Agreement may be updated or changed by us from time to time. You can review the most current version of the Agreement at any time at: www.eastex.com. If Eastex makes a change to the Agreement and that change has a material impact on the Services, you will be provided notice of that change by contact to your current mail or email address in the records of Eastex. You agree to periodically visit the aforementioned website to review any such changes. Your continued use of the Services following the sending of such notice by Eastex, or the expiration of thirty (30) days following posting of the change on the Eastex website, whichever occurs first, constitutes your acceptance of such changes.
Subscription for Services. Each Customer elects to subscribe to the Services for the Minimum Service Term set forth on the Customer’s enrollment form or other subscription document commencing from the date of acceptance by Eastex and installation, as applicable. If no Minimum Service Term is selected for the applicable Service, then the Minimum Service Term shall be one month from the date of commencement of Service.
You agree that, should you terminate any Service prior to payment of all applicable amounts and/or fulfillment of the Minimum Service Term commitment, you will be liable for, and agree to immediately pay, any applicable amount for the following items which are not paid in full at the time of termination: (i) activation fee, (ii) installation fee, and/or (iii) equipment charge. Additionally, by accepting the Service and terminating Service prior to expiration of the Minimum Service Term, you agree to pay a reimbursement of the total reductions, discounts and promotional offerings accepted by you in connection with your agreement to accept Services. You acknowledge that these charges and fees are in addition to any other normally billed amounts that may be owed at the time of termination.
You agree that the following terms and restrictions apply to the Services:
(i) Eastex does not provide, and is not responsible for Customer equipment and software used by you in connection with use of the Services (unless otherwise noted). You are responsible for all such equipment, software and any data thereon without responsibility or liability of Eastex;
(ii) You are responsible for the following charges (to the extent applicable): all city, state, and federal taxes and other required charges on the Services;
(iii) You acknowledge that the Services will not function in the event of an Internet Protocol (“IP”) network interruption;
(iv) You further acknowledge that the listed speeds for any Service offering may not be available due to geographical and/or a number of other factors. Speed is not guaranteed unless stated so as part of the terms for service. Actual data transfer or “throughput” may be lower than sync-rate due to Internet congestion or configuration, server or router speeds, protocol overheads, signal strength or other factors which cannot be controlled by Eastex, and
(v) The specific rates and charges for the Services are set forth on Eastex’s price list.
Pricing Changes. Eastex reserves the right where allowed by regulation to change pricing for its Services at any time without notice to you; provided that Eastex will not change the basic rate for ordered Services during the Minimum Service Term commitment period applicable to you. Following expiration of a Minimum Service Term commitment, or upon any payment default by you, Eastex may adjust the rates for Services to reflect any pricing increases made by Eastex for the applicable Services.
Payment. Payment of each invoice for the Services is due in full, without deduction or offset, within fifteen (15) days of the invoice date at the invoice address for payment. A late fee of $15.00 will be applied to unpaid accounts twenty-two (22) days from the date of invoice. Accounts unpaid twenty-eight (28) days after the date of invoice may have their service interrupted. You agree to pay interest on any amounts past due at the rate of 1 1/2% per month (or the maximum amount required by law, whichever is less). You also agree that Eastex may suspend and/or terminate the Services if any amounts due Eastex are not paid by their due date. Eastex may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, you agree to reimburse Eastex for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You will be charged a $25.00 fee for any check or other instrument (including credit card charge backs) tendered by you and returned unpaid by a financial institution for any reason.
Any loss of Services caused by the action or inaction of the Customer, or by a defect or failure of Customer equipment, will not suspend Customer’s obligations to pay for the Services, and Customer shall remain liable for all applicable charges.
Credit Card and Credit Reporting Authorization. You may be asked to provide us with a valid email address and a credit card number from a card issuer that we accept in order to activate your Services. You hereby authorize Eastex to charge and/or place a hold on your credit card with respect to any unpaid charges related to the Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that this Agreement is to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize Eastex and/or any other company who bills for products or services or acts as billing agent for Eastex to continue to attempt to charge and/or place holds on your credit card with respect to all sums described herein, or any portion thereof, until such amounts are paid in full.
You agree to provide Eastex with updated credit card information upon Eastex’s request and any time the information you previously provided is no longer valid. You are solely responsible for maintaining and updating the credit card information. Without limiting the applicability of any other provisions of this Agreement, you acknowledge and agree that neither Eastex nor any Eastex affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at Eastex’s option, to the account number provided for such automatic payment or electronic funds transfer plan.
To the fullest extent permitted by applicable law, you authorize Eastex to disclose your account information, including your payment history and confidential information, to credit reporting agencies or private credit reporting associations, and periodically obtain and use your credit report and other credit information from credit reporting agencies, private credit reporting associations and other sources in connection with Eastex’s offering of the Services. You understand that if you fail to fulfill the terms of your obligations to Eastex, Eastex may report your failure to credit reporting agencies as well as pursue Eastex’s other rights and remedies.
Advances or Deposits. We may require you to make deposits or advance payments for Services, which we may use to satisfy your initial bill for Services, to offset against any unpaid balance on your account, or as otherwise set forth in this Agreement or permitted by law. Interest will not be paid on advance payments or deposits unless required by law. We may require additional advance payments or deposits if we determine that the initial payment was inadequate. Based on your creditworthiness or for other reasons, we may establish limits and restrict service or features as we deem appropriate. If your account balance goes beyond the limit we set for you, we may immediately interrupt or suspend service until your balance is brought below the limit. Any charges you incur in excess of your limit become immediately due. Upon determination solely by Eastex of satisfactory payment history or as required by law, Eastex may begin refunding of the deposit or advance payment through bill credits, cash payments, or as otherwise determined solely by Eastex or as required by law.
Access to Premises. You will provide Eastex with reasonable access to your premises in order to install, maintain, and repair the Services, and you authorize any other adult resident or guest at your residence to grant access to your premises for these purposes. You understand and agree that Eastex may drill, cut, and otherwise alter improvements on the premises. If you do not own your premises, you warrant that you have obtained permission from any necessary party, including but not limited to the owner, landlord, or building manager, to make alterations Eastex deems appropriate for the work to be performed. You acknowledge that Eastex may use existing wiring, including altering the wiring and removing accessories, located within your premises. Without limiting any other provisions of this Agreement, you agree to indemnify Eastex from and against all claims by an owner, landlord, building manager, or other party in connection with installation, maintenance, repair, or provision of the Services or Equipment.
You agree that the installation, inspection, maintenance, repair, and/or removal of any equipment could result in service outages or potential damage to your equipment, computers, computer network and/or the contents thereof and/or the loss of any recorded programming. Accordingly, you agree that you are solely responsible for providing any needed back-up for your information and data or programming and that in no event will Eastex or any of its employees, agents, contractors, or business associates be liable for any loss of data or programming or damage to your equipment, computers, computer network and/or the contents thereof.
You are responsible for back-up, surge protection and protection from liability or damage of your premises or equipment. Eastex has no liability or responsibility due in whole or in part to any Force Majeure Event. A Force Majeure Event is any event, occurrence or condition arising or continuing due to factors beyond Eastex’s reasonable control including, but not limited to catastrophic storms or floods, lightning, earthquakes and other acts of God, wars, civil disturbances, revolts, insurrections, terrorist activity, sabotage, interruption of electrical service, disasters, fires, explosions, or actions of a third party or government authority that were not requested, promoted or caused by Eastex.
You will be responsible for payment of service charges for visits by Eastex or its subcontractors to your premises when a service request results from causes not attributable to Eastex or its subcontractors.
Eastex Equipment. Unless expressly identified as being sold to Customer, title to all hardware and/or software provided by Eastex in connection with this Agreement (the “Equipment”) shall remain with Eastex. Eastex’s repair and maintenance obligations as to its Equipment are limited solely to ordinary wear and tear and shall not include maintenance and repair necessary as a result of any other cause, including without limitation, vandalism or intentional or negligent acts or omissions by the Customer or third parties. Maintenance and repairs related to such causes are the Customer’s sole responsibility and liability. The Customer shall provide appropriate space, power and environment for, and take reasonable care of, the Equipment. Customer agrees not to damage or misuse the Equipment. Unless expressly agreed to in writing, the Customer will be solely responsible and liable for connection of the Customer’s computers and other equipment to the Equipment. The Customer will at all times be solely responsible and liable for the maintenance and repair of Customer’s computers and Customer’s other equipment. Customer shall return to Eastex all Equipment within thirty (30) days following the expiration, cancellation or termination of this Agreement, or Eastex will charge the Customer the un-depreciated list price of the unreturned Equipment in addition to all applicable late return fees.
Electrical Power and Battery Backup. The above-described Equipment requires electrical power from your premises to operate, which you are responsible for providing. While voice services over a traditional copper line will generally continue to function during a power outage, services over a fiber optic or fixed wireless connection require backup battery power to function during a power outage. To avoid a disruption of home voice service during a power outage – and to maintain the ability to connect to 911 emergency services – Eastex provides you with a battery for the backup power for your residential voice telephone service at the time of initial installation at no additional cost. The backup battery is not intended to provide power for any services other than voice services during a power outage, and you should not attempt to use the battery for any other purpose. The backup battery will need to be replaced from time-to-time, and it is your responsibility to monitor and replace the battery as necessary to provide critical back-up in the event of a power outage. If you do not monitor and replace your backup battery as needed, you will not have access to any voice services, including 911 services, during a power outage. You must follow the detailed instructions provided with your backup battery to ensure proper use, storage, and care so that the battery will function as needed during a power outage.
You hereby agree to be solely responsible for determining when backup batteries for any Equipment require replacement and for replacing and recycling used batteries. You agree to read and follow the instructions provided by Eastex along with all manufacturer directions for the replacement and recycling of backup batteries. If you have any questions about your backup battery, the instructions provided with your battery, or alternate/replacement batteries you should email us at email@example.com or call your local office: 1 (800) 232-7839 (Henderson & Waskom) / 1 (800) 732-7839 (Livingston).
Password Security. Upon Eastex’s acceptance of Customer’s registration for certain Services, Eastex may provide Customer with a username, password and user identification number. Customer and members of Customer’s household are the only authorized users of the account and must comply with this Agreement. Customer must keep all passwords and identifications confidential so that no one else may access the Services through Customer’s account. Customer must notify Eastex immediately upon discovering any unauthorized use of the account. Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Usernames and passwords are Eastex’s property, and Eastex may alter or replace them at any time.
Limited Warranty. Eastex will use reasonable efforts to provide Services and the Equipment in accordance with prevailing industry standards. EASTEX MAKES NO OTHER WARRANTIES CONCERNING THE SERVICES OR ANY EQUIPMENT PROVIDED HEREUNDER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AND ANY WARRANTIES REGARDING THE DESIGN, CONDITIONS OF, OR QUALITY OF THE MATERIAL OR WORKMANSHIP OF ANY SERVICES OR EQUIPMENT. IN NO EVENT WILL EASTEX BE LIABLE TO THE CUSTOMER OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF BUSINESS, OR LOSS OF PROFITS, ARISING IN ANY MANNER FROM THIS AGREEMENT AND THE PERFORMANCE OR NONPERFORMANCE OF EASTEX’S OBLIGATIONS HEREUNDER, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF EASTEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER’S SOLE REMEDY RELATED TO ANY DEFECT OR FAILURE OF THE SERVICES IS LIMITED TO A REFUND OF THE PRO RATED PORTION OF THE MONTHLY CHARGES FOR THE AFFECTED SERVICES UP TO AN AGGREGATE MAXIMUM OF ONE MONTH’S CHARGES.
Limitations on Use. You acknowledge that the Services are provided for your personal use and not for resale or assignment. No Services or Equipment may be transferred to another location or shared with another person who is not bound by this Agreement. You will not use the Services for telemarketing or any excessive usage inconsistent with normal residential usage patterns (or, if a commercial customer under a commercial service plan, consistent with normal usage for that plan). If Eastex determines, in its sole discretion, that you are reselling or transferring Services or that you are using Services in an improper manner or other manner unduly burdensome on Eastex’s network and facilities, Eastex reserves the right, without advance notice, immediately to terminate or modify the Services, or to change your Service plan to a different offer on a prospective basis, and, in addition, to assess additional charges for each month in which excessive usage occurred.
Indemnification. You agree to indemnify and hold Eastex and its subsidiaries, affiliates, directors, officers, agents and employees harmless from any claim, demand, action, citation, loss (including loss of profits or revenue), liability, damage, fine, penalty, legal proceeding or expense (including reasonable attorneys’ fees), including, but not limited to, those arising out of or resulting from the death or bodily injury of any person, or the damage, loss or destruction of any real or tangible personal property, made by any party against Eastex, its subsidiaries, affiliates, directors, officers, agents, and employees arising out of or related to your use of or inability to use the Services or Equipment, your connection to the Services or Equipment, the provisioning or alleged failure to provision the Services or Equipment, a violation of any provision of this Agreement, or your violation of any rights of another.
PLEASE NOTE THAT IN ACCORDANCE WITH THE FOLLOWING TWO SECTIONS, YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND EASTEX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Disputes. Any claim, dispute or controversy arising out of or relating to this Agreement or the relationship among the parties hereto (a “Claim”), which cannot be resolved by negotiation, shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Consumer Rules in effect at the time the Claim is filed (“AAA Rules”). The arbitrator’s decision shall be final, binding and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction or application may be made for judicial acceptance of the award and an order of enforcement. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve the Claim, including any claim that all or any part of the Agreement (including this Arbitration provision, but excluding the Section titled “Class Actions” below) is void or voidable. The arbitration proceedings shall be held in Rusk County, Texas and shall be subject to the terms of this Agreement, the intentions of the parties as stated herein and the governing law of this Agreement. No arbitration will be combined with another without the prior written consent of Eastex. If Eastex prevails before the arbitrator and shows that you acted in bad faith in bringing a Claim, then Eastex may seek to recover the AAA fees and expenses from you, and you agree that the arbitrator shall be required to award such AAA fees and expenses. You and Eastex agree that any Claim arising out of or related to this Agreement or the Services must commence within one (1) year of the Claim arising; otherwise, the underlying cause of action shall be permanently barred.
Class Actions. You hereby expressly agree that any Claim brought by you must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple party or similar proceeding (each a “Class Action”). You expressly waive any ability to maintain a Class Action in any forum. An arbitrator shall not have authority to combine or aggregate similar Claims or conduct any Class Action or make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Status of Internet Usage. The Customer acknowledges that the Internet is an ever-changing network not controlled by any single government or entity, but reliant upon the interconnectivity and operability of various networks. ACCORDINGLY, NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, ANY INTERNET ACCESS AS WELL AS ALL SERVICES RELATED TO SUCH ACCESS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. No advice or information given by Eastex or its contractors or their respective employees shall create a warranty. Eastex does not warrant that service will be uninterrupted or error free or that any information, software or other material accessible through the Internet is free of viruses, cancelbot, spyware, worms, trojan horses, or other harmful components. The Customer also understands that the Internet contains unedited materials, some of which are explicit and/or offensive. Eastex has no control over and accepts no responsibility whatsoever for any such materials. The Customer agrees Customer accesses such materials at Customer’s own risk.
Anti-Virus. Any anti-virus and SPAM protection offered in connection with Eastex’s Services is offered for Customer’s incoming email services and is provided through third party vendors and subject to their warranties and limitations. NO GUARANTEES ARE MADE OR PROVIDED THAT THE SERVICES WILL BE VIRUS OR SPAM FREE OR THAT CUSTOMER EQUIPMENT WILL BE PROTECTED FROM HACKERS, VIRUSES, SPAM, SPYWARE, CANCELBOT, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING ADEQUATE FIREWALL PROTECTION, ANTI-VIRUS, SPYWARE AND OTHER SPAM PROTECTION FOR CUSTOMER EQUIPMENT IN ORDER TO UTILIZE THE SERVICES AND PROTECT CUSTOMER EQUIPMENT AND INFORMATION.
Acceptable Use Policies. The Customer (which for purposes hereof includes any authorized user of Customer) agrees not to use or permit its users to use the Services provided by Eastex in ways that violate laws, infringe the rights of others, interfere with the users of Eastex’s network or other networks, or otherwise violate Eastex’s Acceptable Use Policies as set forth at http://www.eastex.com (the “AUP”) and incorporated herein by reference and as set forth below. Eastex reserves the right to modify the terms and conditions of the AUP from time to time, without direct notice to Customer, and those changes will become effective within thirty (30) days from posting. Customer agrees to periodically visit the aforementioned website to review any such changes. The use of the Services by Customer after any changes to the AUP will constitute Customer’s acceptance of any changes. If Customer violates the AUP, Eastex may immediately suspend the Services without prior notice. Eastex also reserves the right to terminate the Services in the event of chronic or uncured violations of the AUP as determined by Eastex. Notwithstanding anything herein, Eastex shall be under no obligation to monitor the compliance of Customer with the AUP.
Digital Millennium Copyright Act (“DMCA”) Notice. In operating the Services, Eastex may act as a “services provider” under the DMCA and offer services as an online provider of materials and links to third party websites. As a result, third party materials that are not owned or controlled by Eastex may be transmitted, stored, accessed or otherwise made available using the Service. You agree to notify Eastex if and to the extent any situation arises wherein you believe any material available through the Service infringes a copyright. Any claimant must notify Eastex using the notice procedure for claimed infringement under the DMCA and provide the following:
If you believe that your work has been copied and has been posted, stored or transmitted to Eastex’s website in a way that constitutes copyright infringement, please submit a notification pursuant to the DMCA by providing Eastex’s designated agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a specific description of where the material that you claim is infringing is located on the website; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Consistent with the DMCA and the rules promulgated by the U.S. Copyright Office under the DMCA, Eastex has designated agents to receive notices of claimed infringement. Pursuant to 37 C.F.R. § 201.38, Eastex has designated the following agents for each applicable entity within its company group:
Eastex Telephone Cooperative, Inc.:
Service Provider: Eastex Telephone Cooperative, Inc.
Registration Number: DMCA-1012050
Alternate Names: Eastex Communications Services, L.P.
Eastex Long Distance
Designated Agent: DMCA Claims Attorneys
Naman, Howell, Smith & Lee, PLLC
8310 N. Capital of Texas Hwy.
Austin, TX 78731
Phone: (512) 479-0300
Eastex Celco, L.L.C.:
Service Provider: Eastex Celco, L.L.C.
Registration Number: DMCA-1012055
Alternate Names: Eastex Net
Designated Agent: DMCA Claims Attorneys
Naman, Howell, Smith & Lee, PLLC
8310 N. Capital of Texas Hwy.
Austin, TX 78731
Phone: (512) 479-0300
Notices of claimed infringement subject to the DMCA should in all cases be directed to the appropriate agent set forth above.
Eastex will respond expeditiously to remove or disable access to material Eastex determines may be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringing party who provided the applicable content.
Eastex also has no obligation to monitor its Services, but may do so and disclose information regarding use of the Services for any reason if Eastex, in its sole discretion, believes that it is reasonable to do so, including, without limitation, to: (i) satisfy laws, regulations, or governmental or legal requests, (ii) operate the Services properly, or (iii) protect itself and its customers and users. Eastex may immediately remove material or information from Eastex’s servers, in whole or in part, which Eastex, in its sole and absolute discretion, determines to infringe another’s property rights or to violate the AUP.
Wireless Services. To the extent any of your Services from Eastex include wireless access, wireless systems use radio channels to transmit voice and data communications over a network, and privacy cannot be guaranteed. We are not liable to Customer or any other party for any lack of privacy resulting from using any wireless services of Eastex. Customer acknowledges that wireless service is inherently not secure and that wireless communications can be intercepted by equipment and software designed for that purpose. Notwithstanding efforts to enhance security with respect to the Service, Eastex cannot guarantee the effectiveness of these efforts and will not be liable to Customer or any other party for any lack of security that may result from use of the Service. Customer acknowledges that Customer is responsible for taking such precautions and providing such security measures best suited for Customer’s situation and intended use of the Service. Eastex strongly encourages Customer to obtain security solutions, such as virtual private networks, encryption and personal firewalls, as more fully described at http://www.eastex.com.
Miscellaneous. You acknowledge and agree that this Agreement, together with all other terms and conditions incorporated herein, constitutes the entire agreement of the parties for the provision and use of the Services and the complete and exclusive statement of the terms agreed upon, all prior agreements and understandings being merged herein. Neither this Agreement nor any interest herein of Customer may be assigned, sublet, or in any manner transferred by Customer without the prior, written consent of Eastex, which consent may be withheld in Eastex’s sole discretion. Any attempted assignment or transfer in contravention of the preceding sentence shall be void. A waiver by Eastex of any terms herein shall not be construed as a waiver of any subsequent breach of this Agreement. This Agreement shall be governed by the laws of the State of Texas without regard to choice of law principles. This agreement is accepted and performed at Rusk County, Texas, and venue shall be proper only in that county. No amendments or modifications to this Agreement shall be effective or binding against Eastex unless expressly agreed to in writing by an authorized representative of Eastex.
Savings Clause. In the event any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect under any applicable statute or rule of law, then such provisions shall be deemed inoperative to the extent that they are invalid, illegal or unenforceable, and the remainder of this Agreement shall continue in full force and effect. Any invalid, illegal or unenforceable provisions shall be reformed and modified so that they express the original intent of the parties hereto as closely as reasonably practicable without being invalid, illegal or unenforceable.
NONDISCRIMINATION AND NETWORK MANAGEMENT POLICIES:
Eastex manages its network in accordance with the FCC’s Internet Policy Statement adopted on August 5, 2005 and the FCC’s Open Internet Orders adopted December 21, 2010 and February 26, 2015 (to the extent applicable to Eastex as a broadband Internet service provider with fewer than 100,000 subscribers) which promulgated certain regulations applicable to broadband Internet service providers (“Net Neutrality Laws”). Eastex does not discriminate or favor any lawful Internet applications, content, or services where lawfully used. Eastex promotes the ability of Customer to freely access and disseminate lawful content in a manner that respects others’ use of the network and that complies with the law. Eastex supports industry practices for safeguarding children, intellectual property rights of others and Customer’s privacy and security. Eastex follows standard best efforts for Internet delivery with respect to allocation of capacity without differentiation among applications, providers and sources. Generally accepted technical measures to provide acceptable service levels to all Customers will be used by Eastex, such as application–neutral bandwidth allocation, as well as measures to address service attacks, illegal content and other harmful activities to protect network integrity and reliability.
Further, Eastex supports the following Internet principles of the FCC:
To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to access the lawful Internet content of their choice; to run applications and use services of their choice, subject to the needs of law enforcement; to connect their choice of legal devices that do not harm the network; and are entitled to competition among network providers, application and service providers, and content providers.
Consistent with the Net Neutrality Laws, Eastex reserves the right to engage in reasonable network management practices, to protect its broadband network from harm, compromised capacity, degradation in network performance or service levels, or uses of the Service which may adversely impact access to or the use of the Service by other customers. Reasonable network management practices that Eastex may adopt include, but are not limited to, the following: (i) a cap on data usage; (ii) a modification of a customer’s serving facility or Service technology, and/or (iii) a modification of or a limitation on a customer’s data throughput speed or data consumption.
ACCEPTABLE USE POLICIES:
You agree to comply with the rules of the Service and the appropriate rules for other networks or services connected directly or indirectly to the Service, including Acceptable Use Policies established for the Internet as a whole.
The Service may only be used for lawful purposes for your individual use. You agree to use responsible Internet practices, including, without limitation, using computer security and anti-virus protections, to ensure that unauthorized third parties do not gain access to your computer or computer network or the Service.
You further agree not to:
(i) Resell the Service or otherwise permit the use of the Service by any unauthorized users;
(ii) Restrict or inhibit any other user from using and enjoying the Internet;
(iii) Post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion;
(iv) Post or transmit emails or other information or software which contains a virus, malicious code, spyware, adware, cancelbot, trojan horse, worm or other harmful component;
(v) Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purpose (other than as expressly permitted by Eastex with regards to such information, software or other material);
(vi) Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder;
(vii) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
(xiii) Transmit spam (i.e., mass unsolicited email messages) or flames (the sending of a large number of email messages to a single or multiple addresses);
(ix) Gain or attempt to gain unauthorized access to or otherwise disrupt or deface websites, networks, systems or accounts owned by Eastex or any third parties, including without limitation, through the use of worms, trojan horses, denial of service attacks or other computer hacking techniques, disrupt the Service or network connectivity of Eastex or any third parties, misuse Eastex or third party facilities or create fraudulent accounts; or
(x) Edit, transmit, distribute, reproduce, or modify in any part or copy onto any media The Walt Disney Company and its affiliated company content, text, photo, graphic, audio, and/or video material (including but not limited to such material from ESPN, ABCNews, Movies.com, SOAPNet or any other Disney company) (“Disney Content”), except that Customer may download one copy of the Disney Content on a single computer for the Subscriber’s personal, noncommercial home use only, provided that (i) Customer keeps intact all copyright and other proprietary notices, (ii) Customer makes no modifications to the Disney Content, (iii) Customer does not use the Disney Content in a manner that suggests an association with any of Disney’s products, services, or brands. Customer agrees that The Walt Disney Company and its affiliated companies will not be held liable for any delays, inaccuracies, errors, or omissions in the Disney Content or in the transmission of delivery of all or any part of the Disney Content, or for any damages arising from any of the foregoing.
Eastex has no obligation to monitor the Service or your use of the Service. However, you agree that Eastex has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Eastex will not intentionally monitor or disclose any private email message, except as stated above.
To the fullest extent permitted by the Net Neutrality Laws and other applicable law, Eastex reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of its AUP. Eastex may further deny any person or entity access to all or part of its system, without notice, if such person or entity engages in any conduct or activities that Eastex, in its sole discretion, believes violates any of its AUP.
Eastex may deny you access to all or part of the Service without notice if you engage in any conduct or activities that Eastex in its sole discretion believes violates any of the terms and conditions in this AUP. If Eastex denies you access to the Service because of such a violation, you shall have no right to access the Internet or your email account through Eastex.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD EASTEX HARMLESS FROM ANY AND ALL LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RELATED TO ANY VIOLATION OF THIS AGREEMENT BY YOU OR AUTHORIZED USERS OF YOUR ACCOUNT, OR IN CONNECTION WITH THE USE OF THE SERVICE OR THE INTERNET OR THE PLACEMENT OR TRANSMISSION OF ANY MESSAGE, INFORMATION, SOFTWARE OR OTHER MATERIALS ON THE INTERNET BY YOU OR USERS OF YOUR ACCOUNT.
Eastex is committed to protecting the privacy and security of the information provided by Customers and other parties visiting Eastex’s website.
Log Files. Our log tracking collects visitors’ IP addresses to analyze trends, administer our website, track visitor movement, and gather broad demographic information to help determine the type of information visitors are interested in seeing on our website. This tracking only collects IP addresses and not personally identifiable information. Visitors are not personally identifiable within our log files. Eastex only uses this information for internal purposes and does not share this information with non-affiliated companies or institutions.
Registration. In some cases, a person may be required to complete a registration form to order a product or to receive certain information. During the registration process, the person is required to give specific information such as name and email address. This information is used to contact the person regarding services offered by Eastex for which the person has expressed interest.
Ordering Services. When ordering Services online, Eastex will request certain information from a Customer to complete an order. The Customer’s information will include name, address, telephone number, email address, payment information and other information as may be requested by Eastex in the order form. This information is used for billing purposes, fulfillment of orders, ongoing account maintenance and upgrades.
Security. When asked to enter certain sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected through third party security systems. Access to visitor information is restricted to Eastex and underlying parties through their respective developers, network operations personnel and other qualified employees or agents (such as billing clerks or customer care representatives). In addition, the servers on which Eastex stores personally identifiable information are kept in a secure location. While we use reasonable efforts to safeguard the confidentiality of your information, Eastex will have no responsibility for disclosure of any information obtained due to errors in transmission or the unauthorized acts of third parties.
Marketing Contacts. If a party wishes to subscribe to newsletters or other marketing information, such as email updates, Eastex will ask for contact information, including a street address or email address. In addition, we may ask for information that will help deliver pertinent information from Eastex. Persons who do not wish to receive Eastex newsletters or promotional materials may opt-out of receiving these communications. Each contact the visitor receives from Eastex will inform the visitor how to unsubscribe from these communications.
We may share statistical or aggregated non-personal information about our visitors with advertisers, business partners, sponsors and other third parties. No personal information is supplied in these cases. This data is used to customize our website content and advertising to deliver a better experience to our users.
Correction/Updating Personal Information. If a Customer needs to update or change personal identification information, Eastex will help the Customer to correct, update or remove personal data provided to Eastex. The Customer can update or change personally identifiable information by contacting Eastex directly or through its website.
Policies For Children. EASTEX DOES NOT KNOWINGLY SOLICIT, COLLECT OR USE ANY PERSONAL INFORMATION FROM VISITORS UNDER 13 YEARS OF AGE. NO INFORMATION SHOULD BE SUBMITTED TO OUR WEBSITE BY GUESTS UNDER 13 YEARS OF AGE, AND VISITORS UNDER 13 YEARS OLD ARE NOT ALLOWED TO REGISTER FOR OUR CONTESTS, NEWSLETTER, PRODUCTS OR SERVICES.
Special Cases. Eastex reserves the right to disclose personal information in special cases, when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other website users, or anyone else that could be harmed by such activities. We may disclose personal information without notice to you in response to a subpoena or when we believe in good faith that the law permits it or to respond to an emergency situation.
Unless otherwise specified in this Agreement, notices to you may be made by email, posting online at www.eastex.com, bill insert, regular mail or call to your telephone number. It is your responsibility to check for such notices.
Unless otherwise specified in this Agreement, notices by you to Eastex must be given by calling our offices at 1-903-854-5000 or toll free at 877-327-8396 (877-EASTEX-NET), and such notices are effective as of the date that our records show we received your call.
LEGAL NOTICES must be given by letter delivered by overnight mail or certified mail to Eastex Telephone Cooperative, Inc., ATTN: Rusty Dorman, 3675 Highway 79 South, Henderson, Texas 75654.