OPEN INTERNET POLICY
The Federal Communications Commission (“FCC”) has adopted rules to preserve the Internet as an open platform (“Rules” or “Open Internet Rules”). These Rules went into effect on November 20, 2011.
Information regarding these Rules is available on the FCC’s website at http://www.fcc.gov/guides/open-internet
Broadband Internet access providers are required to post information regarding network management practices, performance characteristics and commercial terms so that residential and business consumers can make informed choices regarding use of service and for content, application, service and device providers to develop, market and maintain Internet offerings. This Open Internet Policy sets forth certain information regarding the policies and practices of All Points Broadband (“Provider” or “We”, “Our” or “Us”). This Open Internet Policy is a supplement to and is incorporated by reference in the Provider’s Service Agreement (available: www.allpointsbroadband.com) and in the event of any inconsistency between the Open Internet Policy and the Service Agreement, the Service Agreement shall control.
Network Management Practices
Our service is provided on a “best efforts” basis. Certain circumstances may affect the speed and quality of service, including but not limited to foliage, line-of-sight obstructions, the distance between a Customer and the transmission point and the connection of multiple devices to Our network.
Subject to the qualification that we may reasonably limit peer-to-peer applications as set forth above, We generally treat all lawful applications identically; however, We reserve the right to block or limit access to any applications that We determine, in Our sole and reasonable discretion, may expose Us to potential legal liability, harm Our network or otherwise interfere with or impair the experience of other Customers on Our network.
DEVICE ATTACHMENT RULES
We do not limit the types of devices that can be connected to Our network, provided they are used for lawful purposes and do not harm Our network; however, if We determine, in Our sole and reasonable discretion, that the connection of a particular type of device to Our network negatively impacts other Customers or Our network, or may expose Us to potential legal liability, We reserve the right to limit or restrict Customers’ ability to connect such type of device to Our network.
Our network is designed in a manner that is intended to prohibit third parties who are not served by Our network from initiating connections to Customers on Our network if We have not allocated a public IP address to that Customer. We may prohibit certain activity on Our network that we deem, in Our sole and reasonable discretion poses a potential risk to Our network or to other Customers. Trigging conditions include denial of service activity, IP address or port scanning and excessive account login failures. If We notice excessive Customer connections that is harmful or disrupts the normal use of Our network for other Customers, We will attempt to notify the Customer to work collaboratively to remedy the issue; however; we reserve the right, without advance notice, to block any Customer’s traffic that we determine, in Our sole and reasonable discretion, may cause harm to Our network or to other Customers, until the issue is addressed to Our satisfaction.
Performance Characteristics and Terms
SERVICE DESCRIPTION AND PRICING
A current description of the categories of service we offer is available on our website: www.allpointsbroadband.com
EARLY TERMINATION FEE
Certain of our service offerings require a Customer to commit to a certain term of service and require the payment of an Early Termination Fee in the event the Customer does not fulfill that commitment. The Early Termination Fee will be set forth the Customer’s Service Agreement, and may be significant.
DISPUTES AND ARBITRATION
Our Service Agreement requires the use of arbitration to resolve disputes and otherwise limits the remedies available to Customers in the event of a dispute.
As set forth in the Service Agreement, all of our service offerings are subject to the Acceptable Use and Prohibited Internet Service Activities section of the Service Agreement, which we may from time to time establish or revise.
We endeavor to respond to all Customer concerns and complaints in a timely and fair manner. We encourage Customers to contact Us at 703.554.6600 to discuss any complaints or concerns as they arise. Written complaints should be addressed to firstname.lastname@example.org
If a Customer believes that We are not complying 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:
Customers may also file formal complaints with the FCC pursuant to Part 76 of the FCC’s rules.
This Open Internet Policy does not affect, alter or otherwise supersede the legal status of cooperative efforts by Provider or 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 the company, rights holders, and end users. Furthermore, this 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.
Open Internet Policy as of November 1, 2014