SkyHi Broadband

Open Internet Policy

(as of September 2015)

 

The Federal Communications Commission (“FCC”) has adopted rules to preserve the Internet as an open platform (“Rules” or “Open Internet Rules”). 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 SkyHi Broadband.  This Open Internet Policy is a supplement to and is incorporated by reference in the SkyHi Broadband Terms and Conditions of Service (“Service Agreement”) (available at: http://www.skyhibroadband.com/#!agreement/cdiy ), and in the event of any inconsistency between the Open Internet Policy and the Service Agreement, the Service Agreement shall control.

 

Network Management Practices

 

Congestion Management:  SkyHi Broadband’s Customers are subject to the maximum connection speeds set forth in the Subscriber Agreement.  SkyHi Broadband does not impose any usage limits for its Service, but may, with Customer approval, charge additional amounts to Customers that exceed the usage limit applicable to their level of Service.  In a manner consistent with the SkyHi Broadband Privacy Policy, SkyHi Broadband monitors network traffic to ensure capacity is sufficient to maintain an efficient network load, to perform diagnostics and to otherwise manage and enhance our network.  To help manage traffic on SkyHi Broadband’s network, during times of high demand, SkyHi Broadband may allocate available bandwidth among Customers on an equal basis, by account level. SkyHi Broadband’s congestion management practices are in place to ensure that all Customers experience high quality service.  If SkyHi Broadband determines, in its sole and reasonable discretion, that the manner in which a Customer is using the Service negatively impacts other Customers or the SkyHi Broadband Network, SkyHi Broadband reserves the right to apply additional congestion management techniques.  In addition, depending on the Customer’s service tier and connection quality, the SkyHi Broadband network may not support high-bandwidth video and voice applications.

 

SkyHi Broadband’s 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 Customer’s connection of multiple devices to the SkyHi Broadband Network.

 

Application-Specific Behavior: SkyHi Broadband generally treats all lawful applications identically; however, SkyHi Broadband reserves the right to block or limit access to any applications that SkyHi Broadband determines, in SkyHi Broadband’s sole and reasonable discretion, may expose SkyHi Broadband to potential legal liability, harm the SkyHi Broadband network or otherwise interfere with or impair the experience of other Customers on the SkyHi Broadband network.

 

Device Attachment Rules:  SkyHi Broadband does not limit the types of devices that can be connected to the SkyHi Broadband network, provided they are used for lawful purposes and do not harm the SkyHi Broadband network; however, if SkyHi Broadband determines in its sole and reasonable discretion that the connection of a particular type of device to the SkyHi Broadband network negatively impacts other Customers or the SkyHi Broadband network, or may expose SkyHi Broadband to potential legal liability, SkyHi Broadband reserves the right to limit or restrict Customers’ ability to connect such type of device to the SkyHi Broadband network.

 

Security: The SkyHi Broadband network is designed in a manner that is intended to prohibit third parties who are not served by the SkyHi Broadband network from initiating connections to Customers on the SkyHi Broadband network if SkyHi Broadband has not allocated a public IP address to that Customer.  SkyHi Broadband may prohibit certain activity on the SkyHi Broadband network that SkyHi Broadband deems in its sole and reasonable discretion poses a potential risk to SkyHi Broadband’s network or to other Customers.  Triggering conditions include denial of service activity, IP address or port scanning and excessive account login failures.  If SkyHi Broadband notices excessive Customer connections that are harmful or that disrupt the normal use of the SkyHi Broadband network for other Customers, SkyHi Broadband will attempt to notify the Customer to work collaboratively to remedy the issue; however; SkyHi Broadband reserves the right as a reasonable network management practice, without advance notice, to block any Customer’s traffic that SkyHi Broadband determines in its sole and reasonable discretion may cause harm to the SkyHi Broadband network or to other Customers, until the issue is addressed to SkyHi Broadband’s satisfaction.

 

Performance Characteristics and Commercial Terms

 

Service Description and Pricing: A current description of the categories of Internet service SkyHi Broadband offers is available here: http://www.skyhibroadband.com/#!service-plans/cipy.

 

Impact of Specialized Services: SkyHi Broadband offers no Specialized Services that will affect the last-mile capacity for, and the performance of, its service offering. 

 

Early Termination Fee: SkyHi Broadband’s service offerings are on a month-to-month basis.

 

Fees for Additional Services: A current description of the fees for additional network services[A2] , can be found here http://www.skyhibroadband.com/#!networking--pc/c11yj.

 

Acceptable Use:  All of SkyHi Broadband’s service offerings are subject to the Service Agreement, which we may from time to time establish or revise.

 

Privacy Policy: SkyHi Broadband’s current Privacy Policy is available here: http://www.skyhibroadband.com/#!privacy-policy/cfuq 

 

Redress Options: SkyHi Broadband endeavors to respond to all Customer concerns and complaints in a timely and fair manner.  SkyHi Broadband encourages Customers to contact SkyHi Broadband at 916-644-3300 to discuss any complaints or concerns as they arise.  Written complaints should be addressed to admin@SkyHiBroadband.com

 

Disputes and Arbitration: The SkyHi Broadband Service Agreement requires the use of arbitration to resolve disputes and otherwise limits the remedies available to Customers in the event of a dispute.

 

FCC Notice

 

If a Customer believes that SkyHi Broadband is 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: http://esupport.fcc.gov/complaints.htm

 

Customers may also file formal complaints with the FCC pursuant to Part 76 of the FCC’s rules.

 

Additional Disclaimers

 

This Open Internet Policy does not affect, alter or otherwise supersede the legal status of cooperative efforts by SkyHi Broadband 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 Open Internet Policy does not prohibit SkyHi Broadband from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content. For additional information, please review the Service Agreement.