Open Internet Policy
(Effective as of August 2021)
ETB Internet Partners LLC (“ETB”), “we,” “our,” or “us”) is committed to an open Internet and supports the following Net Neutrality principles:
· 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
· NO Paid Prioritization of Internet content
· 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 Policy sets forth certain information regarding the policies and practices of ETB and how we manage our network for broadband Internet access service (the ETB Network). This Open Internet Policy is a supplement to and is incorporated by reference in our ETB Internet Partners LLC Master Service Agreement (“Service Agreement’”), and in the event of any inconsistency between this Open Internet Policy and the Service Agreement, this Open Internet Policy shall control.
ETB’s broadband access service is primarily 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 ETB Network. Although we have engineered the ETB 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 performance of all Customers.
1. NETWORK MANAGEMENT PRACTICES
a. Blocking: Other than reasonable network management practices disclosed below, we do not block or otherwise prevent a Customer from lawful content.
b. 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, service, user, or use of a non-harmful device.
c. 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 ETB.
d. 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.
1. We may also use specific traffic shaping software in order to provide a better quality of experience for customers.
2. 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 ETB 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, or anti-competitive purposes.
3. If we determine, in our sole and reasonable discretion, that the manner in which a Customer is using the Service negatively impacts other Customers or the ETB Network, we reserve the right to apply additional congestion management techniques.
f. Application-Specific Behavior: Subject to the qualification that ETB may reasonably limit or rate-control specific or classes of applications, or other specific protocols or protocol ports as set forth below, ETB 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 expose the ETB Network to potential legal liability, harm the ETB Network or otherwise interfere with or impair the experience of other Customers on the ETB Network. The ETB Network may also not support certain high-bandwidth video and voice applications, or peer-to-peer applications that carry unlawful or harmful content/software.
g. Device Attachment Rules: Generally, you do not need approval to connect a third-party device to the ETB Network. ETB does not limit the types of devices that can be connected to the ETB Network, provided they are used for lawful purposes and do not harm the ETB Network, violate our Service Agreement, or harm other users of the Network. However, if we determine, in our sole and reasonable discretion, that the connection of a particular type of device to the ETB Network negatively impacts other users or the ETB 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 the ETB Network. If you need technical support services to assist you in the installation and configuration of third party devices, please contact us. Depending on your level of Service and your SA, there may be an additional monthly fee for IT support services.
h. Security: We have taken reasonable physical, technical and administrative safeguards to protect the integrity and operations of the ETB Network. We monitor the ETB Network for security threats and may prohibit certain activity on the ETB Network that we may deem, in our sole and reasonable discretion, poses a potential risk to the ETB 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 ETB 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 security practice, without advance notice, to block any Customer traffic, ports, protocols, devices, or applications (such as peer-to-peer applications that may carry malicious software or are known to be problematic) that we determine, in our sole and reasonable discretion, may cause harm to the ETB Network or to other Customers, or may expose us to potential legal liability.
2. PERFORMANCE CHARACTERISTICS AND COMMERCIAL TERMS Specific Service rates and rates for an individual Customer is set forth in the Customer’s Service Agreement (“SA”). Various information is also publicized on the ETB Website.
a. Service Description and Pricing: Links to a current description of the categories of Internet access service offered to residential and business Customers are available here, including pricing, expected and actual access speed and latency, and the suitability of the service for real-time applications:
1. Standard Wireless available at https://etbroadband.net/rates/
2. Premium Wireless details available at https://etbroadband.net/rates/
3. Premium Plus Wireless details available at https://etbroadband.net/rates/
1. Based on Requirements, details available at https://etbroadband.net/rates/
b. 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. However, there may be a temporary slowing of Internet speed when using any of ETB’s broadband and VoIP services at the same time.
c. Various Rates. We will assess the following rates for our Service, where applicable. Please see our Service Agreements for pricing details.
1. Installation Fee details available at https://etbroadband.net/rates/
2. Equipment Rental/Lease Fee (ETB Hardware Protection Plan) details available at https://etbroadband.net/rates/
3. Equipment Purchase Fee details available at https://etbroadband.net/rates/
4. Equipment Repair/Replacement Fee details available at https://etbroadband.net/rates/
5. Late Fee details available at https://etbroadband.net/rates/
6. Cancellation Fee details available at https://etbroadband.net/rates/
7. Early Termination Fee details available at https://etbroadband.net/rates/
8. Reconnection Fee for Terminated Service Due to Non-Payment details available at https://etbroadband.net/rates/
9. Service Change Fee details available at https://etbroadband.net/rates/
10. ACH Overdrawn Check Fee details available at https://etbroadband.net/rates/
11. US Postal/Paper Bill Fee details available at https://etbroadband.net/rates/
12. CAN-SPAM Damage Resolution Rates details available at https://etbroadband.net/rates/
d. Rates for Additional Services: A current description of the rates for additional network-related services can be found at the links below:
1. ETB Hardware Protection Plan: details available at https://etbroadband.net/rates/
e. Network Speeds: ETB offers a standard range of download speeds to residential Subscribers varying from 5 Mbps to 20 Mbps. The standard range of download speeds for business subscribers is from 5 Mbps to 20 Mbps. The ETB Network is designed to support these speeds to help ensure that every Customer receives the speeds to which they have subscribed. ETB however cannot guarantee speeds at all times, as there are many factors and conditions beyond ETB’s control that can affect Internet performance. Some of these external factors and conditions are:
1. Performance of Subscriber computer and/or router
2. Type of connection to Subscriber’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 ETB Network
6. ***The ETB Services are advertised as “up to” certain speeds reflecting performance under ideal conditions. Without purchasing an expensive “dedicated” Internet connection, no Internet Service Provider can guarantee package speeds at all times.
f. Acceptable Use: As set forth in the Service Agreements, all of ETB’s service offerings are subject to the Acceptable Use Policy (“AUP”) section of the Service Agreements, which we may from time to time establish or revise. The AUP is available here: https://etbroadband.net/policies
h. Redress Options: ETB endeavors to respond to all Customer concerns and complaints in a timely and fair manner. We encourage Customers to contact us at 800-765-7772, or email@example.com , or U.S. postal mail to discuss any complaints or concerns as they arise. Our postal address is 2200 S. Royall St., Palestine, TX 75801.
i. Disputes and Arbitration: The Service Agreement requires the use of arbitration to resolve disputes and otherwise limits the remedies available to Customers in the event of a dispute.
3. FCC REQUIREMENTS AND COMPLAINT PROCESS
a. 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
b. 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.
4. ADDITIONAL DISCLAIMERS