Network Management Policy – Missouri & Nebraska | Fastwyre Broadband

Pursuant to the Federal Communications Commission’s recent implementation of the Restoring Internet Freedom Regulations found in Part 8 of Title 47 of the Code of Federal Regulations, the policies of Fastwyre Broadband (“Provider”) regarding network management practices, performance characteristics, and commercial terms are provided in entirety so that Provider’s current customers, prospective customers, third-party content providers and other interested parties can make informed choices regarding the broadband Internet access services offered by Provider, and the extent Provider’s network management practices may affect those services.

Network Management Practices
In the interest of providing the best online experience possible for all of Provider’s customers, Provider utilizes reasonable network management practices tailored to achieve legitimate network management purposes. Because bandwidth is a limited resource for broadband Internet service providers, it is essential that Provider reasonably manages its network to promote the use and enjoyment of the Internet by all of Provider’s customers. By engaging in reasonable and responsible network management, Provider prevents its customers from being subjected to the negative effects of spam, viruses, security attacks, network congestion, and other risks that threaten to degrade service. The network management practices employed by Provider are consistent with industry standards.

Blocking
Provider does not block or discriminate against lawful content.

Throttling
Provider does not throttle, impair, or degrade lawful Internet traffic.

Affiliated Prioritization
Provider does not prioritize Internet traffic and has no plans to do so.

Paid Prioritization
Provider has never engaged in paid prioritization. We don’t prioritize Internet for consideration to benefit particular content, applications, services or devices. Provider does not have plans to enter into paid prioritization deals to create fast lanes.

Congestion Management
Provider monitors the connections on its network in the aggregate on a continuous basis to determine the rate of utilization. If congestion emerges on the network, Provider will take the appropriate measures to relieve congestion.

On Provider’s network, all customers have access to all legal services, applications, and content online and, in the event of congestion, most Internet activities will be unaffected.

Some customers, however, may experience longer download or upload times, or slower, surf speeds on the web if instances of congestion do occur on Provider’s network.

Provider’s network and congestion management practices are ‘application- agnostic’, based on current network conditions, and are not implemented on the basis of customers’ online activities, protocols or applications. Provider’s network management practices do not relate to any particular customer’s aggregate monthly data usage.

Provider checks for abnormal traffic flows, network security breaches, malware, loss, and damage to the network. If a breach is detected or high- volume users are brought to light by complaint, Provider provides notification to the customer via email or phone. If a violation of Provider’s policies has occurred and such violation is not remedied, Provider will seek to suspend or terminate that customer’s service.

Application-Specific Behavior
Provider does not block or rate-control specific protocols or protocol ports.

Provider does not modify protocol fields in ways not prescribed by protocol standard.

Provider does employ industry-recognized network management tools (i.e., Differentiated Services Code Point (“DSCP”) flags, Class of Service (“COS”) technologies and Parity Bit (P-Bit) flags) to favor certain applications or classes of applications by assigning higher priority to the delivery of critical network traffic such as voice and streaming video traffic on its network.

Device Attachment Rules
In order for a device to be approved for use on the Provider’s network, the device must conform to publicly available industry standards and be non-harmful to Provider’s network. In general, customers may attach devices of their choosing to their modems, including wired or wireless routers, laptops, desktop computers, video game systems, televisions, or other network-enable electronics equipment. However, customers are responsible for ensuring that their equipment does not harm Provider’s network or impair the service of other customers. Provider is not responsible for the functionality or compatibility of any equipment provided by its customers. Customers are responsible for securing their own equipment to prevent unauthorized access to Provider’s broadband network by third parties and will be held responsible for the actions of such third parties who gain unauthorized access through unsecured customer equipment.

Security
Provider offers its customers unrestricted access to all of the lawful content, services, and applications available on the Internet. Provider uses industry standard tools and generally accepted best practices and policies to protect our customers from spam, phishing, and other unwanted or harmful online content and activities. In the instances where these tools and policies identify online content as harmful or unwanted, the content may be prevented from reaching customers, or customers may be permitted to identify or inspect content to determine if it is harmful or unwanted.

Provider offers a subscription for Tech Home services for a minimal monthly fee. The Tech Home services available from Provider include protection against computer viruses and spyware, pop-up blockers, parental controls, personal firewalls and PC cleanup.

The security measures employed by Provider to prevent the spread of viruses, malware, spam, harmful and unwanted content or other threats to consumers do not prevent end- users from running certain applications.

Performance Characteristics
Provider offers broadband Internet access service via Digital Subscriber Line (“DSL”), Fiber-to-the-Home (“FTTH), cable modem and wireless technology. DSL is a wireline transmission technology that transmits data faster over traditional copper telephone lines already installed to homes and businesses. FTTH utilizes fiber optic cable to deliver telephone, data and video services. With the capacity for an indefinite amount of data, FTTH technology allows subscribers to receive better quality voice, data and video services in their homes. Broadband Internet access service delivered via a cable modem uses the existing cable television infrastructure (coaxial cable) for bi-directional data communication and transmission. Wireless broadband Internet service uses radio technology in place of existing telephone or cable lines.

The technology utilized to provide broadband Internet access service to an individual customer will be dependent upon the customer’s address as the Provider does not offer all technologies to all locations in the network.

The advertised speed of Provider’s Internet service is the maximum speed achievable with the technology utilized by Provider. While the maximum advertised speed is attainable for end users, several factors may affect the actual speed of Provider’s Internet service offerings, including, but not limited to: the distance of the consumer’s home or office from Provider’s central office (i.e., the further away the customer is from the central office, the slower the broadband speed), the end user’s computer, modem or router, activity during peak usage periods, and other Internet traffic.

Based on internal testing utilizing Ping Plotter Pro network tools, Multi-Router Traffic Graphers, RFC 2544 and Y.1731 SAM test head methods, the mean upload and download speeds during peak usage periods (i.e., between 7:00 p.m. and 11:00 p.m. on weeknights) are:

A subscriber’s actual speed will be dependent on the service tier and package to which they subscribe.

Provider’s consumer accessible speed test is available at: http://www.fast.com/

The actual speeds achieved with Provider’s Internet service offering make Provider’s Internet service suitable for real-time applications, such as Voice over Internet Protocol (“VoIP”).

Provider does not offer any non-Broadband Internet Access Services (non-BIAS).

Commercial

Terms Pricing
In order to meet the usage and budgetary needs of all of our customers, Provider offers a wide selection of broadband Internet access plan options, including promotional offerings, bundled service choices, and ala carte alternatives.

Early Termination Fees
If a customer previously entered into a service agreement with Provider for broadband Internet access service for a defined service term, and customer desires to terminate the service agreement prior to the expiration of that term, Provider may charge a reasonable early termination fee if such fee is clearly indicated in the service agreement.

Usage-Based Fees
Provider’s Internet service is priced on a flat-fee basis (plus taxes). Provider does not charge end users a usage-based fee for Internet service.

Privacy Policy
The various network management tools and techniques utilized by Provider do not entail inspection of the network traffic of its Internet service users. As part of its network management practices, Provider does not store, provide information on network activity and/or traffic to any third party, or use network traffic information for any non-network management purpose.

To ensure optimal network performance, Provider engages in bandwidth utilization monitoring, host monitoring, Internet Control Message Protocol (“ICMP”) reach ability, dynamic Internet Protocol (“IP”) address logs, and System Log. For troubleshooting purposes, Provider may collect equipment information to identify the equipment customer is using on the network, including, but not limited to: equipment type, serial number, settings, configuration and software. Provider may also collect performance information to examine the operation of the equipment, services and applications the customer may use on the network, including, but not limited to: IP addresses, URLs, data transmission rates and latencies, location information, security characteristics, and information about the amount of bandwidth and other network resources customer is using in connections with uploading, downloading or streaming data to and from the Internet.

Network activity, performance information, and equipment information monitored or collected by Provider is done so for the sole purpose of reasonable network management purposes.

Provider’s additional Privacy Policies are available at:
https://fastwyre.com/legal-information/privacy-policy/

The Provider’s network management practices as discussed herein are intended solely to provide the best online experience possible for all of Provider’s customers by safeguarding our network and its users from spam, viruses, phishing, and other unwanted or harmful online content and activities. Provider’s network management practices are not intended, nor implemented, to block consumers from accessing the content and applications of their choice, deprive consumers of their entitlement to competition, or discriminate against or in favor of certain network traffic. End users with questions, concerns or complaints regarding Provider’s network management practices are encouraged to contact Provider for issue resolution.

Contact Us
If you have any questions regarding Provider’s Network Management Practices Policy or would like to file a complaint with Provider regarding its network management practices, please contact Provider at:

Fastwyre Broadband
13200 Metcalf, Suite 400
Overland Park, KS 66213
1-833-463-FAST (3278)
www.fastwyre.com

Further, if you believe that Provider is in violation of the FCC’s Restoring Internet Freedom Rules, you may file either an informal or formal complaint with the FCC. http://esupport.fcc.gov/complaints.htm

Additional Disclaimers

The Restoring Internet Freedom Rules, as adopted, and Provider’s Network Management Practices Policy are not intended to affect, alter or otherwise supersede the legal status of cooperative efforts by broadband Internet access service providers and other service providers that are designed to curtail infringement in response to information provided by rights holders in a manner that is timely, effective, and accommodates the legitimate interests of providers, rights holders, and end users.

Furthermore, the Restoring Internet Freedom Rules, as adopted, and Provider’s Network Management Practices Policy do not prohibit Provider from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content.

For additional information, please review Provider’s Acceptable Use Policy at:
https://fastwyre.com/legal-information/