unWired Broadband Open Internet Policy

unWired Broadband, Inc. (“unWired Broadband,” “we,” “our,” or “us”) is committed to an open Internet and supports the following Net Neutrality principles:

  • • Transparency
  • • NO Blocking of Internet content, subject to reasonable network management as described below
  • • NO Throttling of Internet content, subject to reasonable network management as described below
  • • NO Unreasonable Discrimination, Interference or Disadvantage
  • • NO Paid Prioritization of Internet content
  • • NO Zero Rating
  • • Freedom of Customers to access lawful content
  • • Freedom of Customers to use non-harmful applications of their choice
  • • Freedom of Customers to attach non-harmful personal devices

This Open Internet Transparency Policy sets forth certain information regarding the policies and practices of unWired Broadband and how we manage our network for broadband internet access service (the “unWired Broadband Network”). This Open Internet Transparency Policy is a supplement to and is incorporated by reference in our unWired Broadband Terms of Service Agreement for Internet Service (“Terms & Conditions”) (available at: https://www.getunwired.com/terms-conditions). In the event of any inconsistency between this Open Internet Transparency Policy and the Terms & Conditions Agreement, this Open Internet Transparency Policy shall control.

unWired Broadband’s broadband access service is a fixed wireless service (“Service”). Generally, given the nature of fixed wireless services, certain circumstances may affect the speed and quality of the Service, including but not limited to foliage, line-of-sight obstructions, the distance between a Customer’s premises and the transmission point, as well as the Customer’s connection of multiple devices to the unWired Broadband Network. Although we have engineered the unWired Broadband Network to provide consistent high-speed data services, some network management for these scenarios is required, because very heavy data usage by even a few Customers at times and places of competing network demands can affect the technical performance of all Customers’ service.

Overall, unWired Broadband does not unreasonably prohibit, interfere with, or disadvantage a Customer’s ability to select, access, or use our broadband Internet service or the lawful content, applications, services, or devices of a Customer’s choice.

I. NETWORK MANAGEMENT PRACTICES
  1. Blocking: Other than reasonable network management practices disclosed below, we do not block or otherwise prevent a Customer from lawful content, applications, services, or non-harmful devices.
  2. Throttling: Other than reasonable network management practices disclosed below, we do not throttle or otherwise degrade or impair access to lawful Internet traffic on the basis of content, application, services, user, or use of a non-harmful device.
  3. Affiliated Prioritization: We do not directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, to benefit any of our affiliates, defined as an entity that controls, is controlled by, or is under common control with unWired Broadband.
  4. Paid Prioritization: We do not directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, in exchange for consideration, monetary or otherwise.
  5. Zero Rating: We do not engage in zero rating for any reason. Zero rating means exempting some Internet traffic from a Customer’s data usage allowance.
  6. Special Treatment for Certain Edge Providers: An edge provider is any individual or entity that delivers content, application, or service over the Internet, or provides a device for accessing any content, application or service over the Internet. We do not discriminate in the delivery of our Services against any edge provider nor do we unreasonably interfere with or disadvantage an edge provider’s ability to make lawful content, applications, services, or devices available to Customers. We do not require or accept consideration, monetary or otherwise, from any edge provider to:
    1. Deliver Internet traffic to and from a Customer, or to avoid having the edge provider’s content, application, service or non-harmful device blocked from reaching our Customers.
    2. Avoid having the edge provider’s content, application, service, or non-harmful device impaired or degraded.
  7. Congestion Management: Our Service is provided on a “best efforts” basis and our congestion management practices are in place to ensure that all Customers experience as high quality a service under varying usage periods. Our typical frequency of congestion is estimated at 1%. Customers select how much high-speed data they receive under a designated Service plan; the specific Service plan is set forth in the Customer’s Service Contract. We do not impose any additional usage limits for the Service. In a manner consistent with our Service Agreement and Privacy Policy, we may monitor network traffic to ensure capacity is sufficient to maintain an efficient network load, to perform diagnostics and to otherwise manage and enhance the unWired Broadband Network for improved delivery to Customers. In addition, as a reasonable network management practice we may schedule the traffic for certain applications, such as public safety and voice over Internet Protocol (“VoIP”), over other Internet traffic types to address the needs of emergency communications, law enforcement, or national security authorities.
    1. We may also use specific traffic shaping software in order to reduce congestion, boost latency, and maximize technical performance by controlling available bandwidth for certain kinds of Internet traffic.
    2. ii. We may also conduct deep packet inspection (“DPI”), which is a type of filtering that will examine the data and/or header part of Internet traffic for viruses, spam, intrusions, or protocol non-compliance that may harm the unWired Broadband Network; to determine the routing of Internet traffic; for internal statistical and performance purposes; for lawful intercept capabilities, and/or enforcement of our Service Agreement. We do not use DPI to conduct data mining for targeted marketing or advertising, nor for anti-competitive purposes.
    3. iii. If we determine, in our sole and reasonable discretion, that the manner in which a Customer is using the Service negatively impacts the technical capability of other Customers to receive the Services or the operations of the unWired Broadband Network, we reserve the right to apply additional congestion management techniques.
  8. Application-Specific Behavior: Subject to the qualification that unWired Broadband may reasonably limit or rate-control specific or classes of applications, or other specific protocols or protocol ports as set forth below, unWired Broadband generally treats all lawful applications identically. However, we reserve the right to block or limit access to any applications, ports, or protocols that we determine, in our sole and reasonable discretion, may harm the unWired Broadband Network or otherwise interfere with or impair the experience of other Customers on the unWired Broadband Network.
  9. Device Attachment Rules: Generally, you do not need approval to connect a third-party device to the unWired Broadband Network. unWired Broadband does not limit the types of devices that can be connected to the unWired Broadband Network, provided they are used for lawful purposes and do not harm the unWired Broadband Network, violate our Service Agreement, or harm other users of the unWired Broadband Network. However, if we determine, in our sole and reasonable discretion, that the connection of a particular type of device to the unWired Broadband Network negatively impacts other users or the unWired Broadband Network such as causing interference or other technical problems, creating a security risk, or violating our Service Agreement we reserve the right to limit or restrict Customers’ ability to connect any such device to the unWired Broadband Network. Depending on your level of Service and your Service Contract, there may be an additional monthly fee for IT support services.
  10. Security: We have taken reasonable physical, technical, and administrative safeguards to protect the integrity and operations of the unWired Broadband Network. We monitor the unWired Broadband Network for security threats and may prohibit certain activity on the unWired Broadband Network that we may deem, in our sole and reasonable discretion, poses a potential risk to the unWired Broadband Network or to other Customers. Triggering conditions include but are not limited to denial of service activity, IP address or port scanning, excessive account login failures; or certain Internet addresses that are disruptive, malicious and typically persistent. If we notice excessive Customer connections, including but not limited to Wi-Fi connections, that are harmful or are commonly used to disrupt the normal use of the unWired Broadband Network or use by other Customers, we will attempt to notify the Customer to work collaboratively to remedy the issue to the extent possible; however, we reserve the right as a reasonable network management practice to protect our Customer’s security, without advance notice, to lock any Customer traffic, ports, protocols, devices, or applications (such as peer-to-peer applications that may carry malicious software or are known to disrupt the delivery of Internet services to other Customers) that we determine, in our sole and reasonable discretion, may cause harm to the unWired Broadband Network or to other Customers due to unlawful activity, devices, or content.

II. PERFORMANCE CHARACTERISTICS AND COMMERCIAL TERMS

Specific Service fees and rates for an individual Customer is set forth in the Customer’s Service Contract. Various information is also available on the unWired Broadband Site.

  1. Service Description and Pricing:
  2. Impact of Non-Broadband Internet Access Service Data Services (also known as “Specialized Services”): We do not offer data-related Specialized Services to Customers that will affect the last-mile capacity available for, and the performance of, our broadband Internet access Service offering or that harms the open Internet. However, depending on how many people are using the Services from a Customer’s premises, there may be a temporary slowing of Internet speed when using any of unWired Broadband’s broadband services and a VoIP service and/or an Internet Protocol video offering (“IPTV”) at the same time. VoIP and IPTV are delivered using unWired Broadband’s Internet access service but have different technical requirements. Therefore, unWired Broadband utilizes industry-standard reasonable network management practices to schedule VoIP and IPTV traffic across its network so that there is quality control and a reduced chance of dropped calls or compromised video. Additionally, VoIP services are important to address the needs of emergency communications, law enforcement, public safety and national security.
  3. Various Fees: Link to the additional fees that may be assessed for our Services, where applicable, is available below. Please see our Service Agreements and a Summary Page for pricing details.
  4. Network Speeds: unWired Broadband offers packages with standard upload speeds ranging from 6 Mbps to 30 Mbps and download speeds ranging from 6 Mbps to 30 Mbps. Availability in a particular area depends on a number of factors such as the number of users accessing an access point, the proximity of a Customer’s location to our tower, and the wireless spectrum that we use. The unWired Broadband Network is designed to support these speeds to help ensure that every Customer receives the speeds to which they have subscribed. unWired Broadband, however, cannot guarantee speeds at all times, as there are many factors and conditions beyond unWired Broadband’s control that can affect Internet performance. Some of these external factors and conditions are:
    1. Performance of Customer computer and/or router
    2. Type of connection to Customer’s own equipment (i.e., Wi-Fi)
    3. Congestion of websites and services on Internet
    4. Website or service limiting speeds on the Internet
    5. Internet and equipment performance outside of the unWired Broadband Network

    The unWired Broadband Services are advertised as “up to” certain speeds reflecting performance under expected conditions. unWired “Guarantee of Service” is that customers will receive at least 75% of their contracted upload and download speeds at all times. If unWired’s Guarantee of Service cannot be met, Customer has the option of cancelling at any time with no early termination fee or penalty assessed. Customer also has the option to downgrade its Service plan if unWired is unable to increase its Service level to meet the guaranteed speed.

  5. Acceptable Use: As set forth in the Service Agreements, all of unWired Broadband’s service offerings are subject to the Acceptable Use Policy (“AUP”) section of the Service Agreement, which we may from time-to-time revise. The AUP is available here: https://www.getunwired.com/aup.
  6. Privacy Policy: unWired Broadband’s current Privacy Policy is available here: https://www.getunwired.com/unwired-privacy-policy
  7. Redress Options: unWired Broadband endeavors to respond to all Customer concerns and complaints in a timely and fair manner. We encourage Customers to contact us at contact@getunwired.com or U.S. postal mail to discuss any complaints or concerns as they arise. Our postal address is: 215 W. Fallbrook Ave., Suite 203 Fresno, CA 93711
III. FCC REQUIREMENTS AND COMPLAINT PROCESS

The Federal Communications Commission (“FCC”) has adopted rules to preserve the Internet as an open platform (“Rules”). Information regarding these Rules is available on the FCC’s website at: https://www.fcc.gov/restoring-internet-freedom

If a Customer believes that we are not in compliance with the FCC’s rules, the Customer may file an informal complaint with the FCC. The FCC urges Customers to submit any complaints via its website at the following address: https://consumercomplaints.fcc.gov/hc/en-us

IV. ADDITIONAL DISCLAIMERS

This Open Internet Transparency Policy does not affect, alter, or otherwise supersede the legal status of cooperative efforts by unWired Broadband that are designed to curtail copyright or trademark infringement in response to information provided by rights holders in a manner that is timely, effective, and accommodates the legitimate interests of the company, rights holders, our Customers, and other end users. Furthermore, this Open Internet Transparency Policy does not prohibit us from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content. For additional information, please review the Service Agreement and Privacy Policy.

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