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:
·
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
·
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.
e.
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 less than five percent. Customers select how much high-speed data
they receive under a designated Service plan; the specific Service plan is set
forth in the SA. If a Customer exceeds his/her/its selected high-speed
allotment during a service cycle, we may reduce the Customer’s data speed for
the remainder of that service cycle. 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 ETB Network. To help manage traffic on
the ETB Network, during times of high demand, we may allocate available
bandwidth among Customers on an equal basis, by account level. In
addition, we may prioritize certain applications, such as public safety and
voice, over other traffic types.
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.
RESIDENTIAL
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/
2.
BUSINESS
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
g.
Privacy Policy: ETB’s current
Privacy Policy 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 info@etbroadband.net
, 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
a.
This Open Internet Policy does not
affect, alter or otherwise supersede the legal status of cooperative efforts by
ETB 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 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.