Open Internet Policy

OPEN BROADBAND INTERNET

Open Internet Policy

(as of December 1, 2023)

Open Broadband, LLC D/B/A Open Broadband (“Open Broadband,” “we,” “our,” or “us”) provides high-speed broadband Internet access services to residential, business, government, and education institution subscribers in North Carolina, South Carolina, Virginia, and Florida (collectively, “Services”). Open Broadband is committed to offering reliable Internet access services that will allow our Subscribers to take full advantage of all of the lawful content and services available on the Internet. We support the following Net Neutrality principles:

Transparency

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

This Open Internet Policy sets forth certain information regarding the policies and practices of Open Broadband and how we manage our networks for subscriber broadband Internet access service (the “Open Broadband Services”). This Open Internet Policy is a supplement to and is incorporated by reference in the various legal terms and conditions of our Services, the Terms of Service Contract, our Privacy Policy, and Acceptable Use Policy (collectively, “Service Agreements”). In the event of any inconsistency between this Open Internet Policy and the Service Agreements, this Open Internet Policy shall control.

The Open Broadband Service is primarily a fixed wireless service using bandwidth that is shared with other users on our various computers, servers, transmission equipment and other infrastructure in various locations, (collectively, the “Open Broadband Networks”). 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 Subscriber’s premises and the transmission point, as well as the Subscriber’s connection of multiple devices to the Open Broadband Networks. Although we have engineered the Open Broadband Networks to provide consistent high-speed data services, some network management for these scenarios is required in order to provide the best online experience possible for all of our Subscribers. Very heavy data usage by even a few Subscribers at times and places of competing demand can affect the performance for all Subscribers.

Subscriber acknowledges that Internet access transmission is subject to geographic, atmospheric and other variable conditions beyond the control of Open Broadband and that its communications Service may be interconnected with another carrier’s network. Subscriber also acknowledges that Internet access Services require certain physical arrangements of Open Broadband facilities and are subject to the availability of such facilities. Open Broadband reserves the right to limit the capacity of a customer connection when necessary to preserve system integrity.

1. NETWORK MANAGEMENT PRACTICES

Congestion Management: Our Subscribers are subject to the maximum connection speeds set forth in the specific Open Broadband Service residential or commercial plan they have purchased unless there is a need to make adjustments based on congestion management. In a manner consistent with the Open Broadband Privacy Policy and Service Contract, Open Broadband monitors network traffic to ensure capacity is sufficient to maintain an efficient network load, perform diagnostics and to otherwise manage and enhance our networks. To help manage traffic on the Open Broadband Networks, Open Broadband may give priority on an unpaid basis to interactive or critical classes of traffic such as VoIP, and traffic essential to the efficient operation of the Open Broadband Networks. Open Broadband may limit applications to the extent Open Broadband determines, in Open Broadband’s sole and reasonable discretion, is appropriate to maintain an efficient network load. Open Broadband’s congestion management practices are in place to ensure that all Subscribers experience high quality service. If Open Broadband determines, in its sole and reasonable discretion, that the manner in which a Subscriber is using the Services negatively impacts other Subscribers or the Open Broadband Networks, Open Broadband reserves the right to apply additional congestion management techniques.

Open Broadband’s network management is temporary and based on constantly changing and dynamic network conditions.

1. Blocking: Other than reasonable network management practices disclosed below, we do not block or otherwise prevent a Subscriber from accessing lawful content, applications, services, or your use of non-harmful devices.
2. Throttling: Other than reasonable network management practices disclosed below, we do not throttle or otherwise shape, slow, degrade or impair a Subscriber from accessing lawful Internet traffic on the basis of content, application, service, user, or use of a non-harmful device. All lawful Internet use is handled identically.
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 Open 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. Congestion Management: Our Services are provided on a “best efforts” basis and our congestion management practices are in place to ensure that all Subscribers experience as high quality a service as possible. Our typical frequency of congestion is <10%. Subscribers select how much high-speed data they receive under a designated service plan. We do not impose any additional usage limits for the Services unless such limits are enacted as part of our network management practices.

In a manner consistent with our Service Agreements and Privacy Policy, we may use several Network Management Tools to monitor network traffic to ensure capacity is sufficient to maintain an efficient network load, to perform diagnostics and to otherwise manage and enhance the Open Broadband Networks. To help manage traffic on the Open Broadband Networks, during times of high demand, we may allocate available bandwidth among Subscribers on an equal basis. In addition, we may prioritize certain applications, such as public safety and VoIP, over other traffic types.

1. Open Broadband may use fair-queueing, which allocates network resources evenly when the Open Broadband Networks approach maximum capacity.
2. Open Broadband may also use traffic shaping software in order to establish maximum connection rates and fair-queuing policies.

iii. Open Broadband 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 Open Broadband Networks; to determine the routing of Internet traffic; for internal statistical and performance purposes; for lawful intercept capabilities, and/or enforcement of our Service Agreements. We do not use DPI to conduct data mining for targeted marketing or advertising, or anti-competitive purposes.

1. If Open Broadband determines, in our sole and reasonable discretion, that the manner in which a Subscriber is using the service negatively impacts other Subscribers or the Open Broadband Networks, we reserve the right to apply additional congestion management techniques.
2. Application-Specific Behavior: Subject to the qualification that Open Broadband may reasonably limit or rate-control specific or classes of applications, or other specific protocols or protocol ports as set forth below, Open 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 expose any Open Broadband Networks to potential legal liability, harm any Open Broadband Networks or otherwise interfere with or impair the experience of other Subscribers on the Open Broadband Networks.

Subject to the qualification that Open Broadband may reasonably limit peer-to-peer applications as set forth above, Open Broadband generally treats all lawful applications identically; however, Open Broadband reserves the right to block or limit access to any applications that Open Broadband determines, in Open Broadband’s sole and reasonable discretion, may expose Open Broadband to potential legal liability, harm the Open Broadband Networks or otherwise interfere with or impair the experience of other Subscribers on the Open Broadband Networks.

The Open Broadband Networks may not support certain high-bandwidth video and voice applications, or peer-to-peer applications that carry unlawful or harmful content/software.

1. Device Attachment Rules: Generally, you do not need approval to connect a third-party device to the Open Broadband Networks. Open Broadband does not limit the types of devices that can be connected to the Open Broadband Networks, provided the devices are used for lawful purposes and do not harm the Open Broadband Networks, violate our Service Agreement, expose Open Broadband to potential legal liability, or harm other users of Open Broadband Networks. However, if we determine, in our sole and reasonable discretion, that the connection of a particular type of device to any Open Broadband Networks negatively impacts other users or the Open Broadband Networks, or may expose us to potential legal liability or violates our Service Agreement, we reserve the right to limit or restrict Subscribers’ ability to connect such type of device to the Open Broadband Networks. If you need technical support services to assist you in the installation and configuration of third party devices, please contact us or visit https://openbb.net/. Depending on the device, your level of service and your specific Service Agreement, there may be an additional monthly fee for our IT support services.
2. Security: Open Broadband uses industry-standard tools and generally accepted best practices and policies to take reasonable physical, technical and administrative safeguards to protect the integrity and operations of the Open Broadband Networks and our Subscribers from malicious and unwanted Internet traffic, as well as harmful online content and activities. Please see our Privacy Policy for details.

We monitor the Open Broadband Networks for security threats and may prohibit certain activity on the Open Broadband Networks that we may deem, in our sole and reasonable discretion, poses a potential risk to the Open Broadband Networks and/or to other Subscribers. 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 Subscriber connections, including but not limited to Wi-Fi connections, that are harmful or are commonly used to disrupt the normal use of the Open Broadband Networks or use by other Subscribers, we will attempt to notify the Subscriber 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 Subscriber 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 Open Broadband Networks or to other Subscribers, or may expose us to potential legal liability.

2. PERFORMANCE CHARACTERISTICS AND COMMERCIAL TERMS

Specific service fees and rates for individual residential Subscribers are set forth on the Open Broadband website at https://openbb.net/ by selecting individual regions, counties, or cities as applicable. Specific service fees and rates for a commercial Subscriber are set forth in the designated Service Contract for that Subscriber. Various information is also publicized on the Open Broadband website: https://openbb.net/

1. Service Description, Pricing and Fees: Open Broadband is continually working to develop a variety of services and plans to meet your individual needs, budget, and Internet demands now and in the future. When we offer new online services, we will provide the characteristics, capabilities and terms of such new service offerings to allow you to make knowledgeable choices about which services make the most sense for you. Open Broadband will continue to provide you with accurate and relevant information in plain language so you can make informed choices.

Links to a current description of the categories of Internet access service offered to residential and commercial Subscribers are available below, including pricing, expected access speed and latency, and the suitability of the service for real-time applications:

Residential Services:

Open Broadband High-Speed Internet Service Monthly Plans: details available at https://openbb.net/ by selecting individual regions, counties, or cities as applicable

Commercial Services:

Open Broadband Commercial Internet Service Plans are individually designed and quoted according to customer need.

Other Fees: Additional fees, such as but not limited to a Service Deposit, Equipment Leasing/Purchase Fee, Installation Charges, Early Termination Fee, Deactivation Fee, Reactivation Fee, Paper Statement Fee, ACH Check Return/Denial Fee, and other applicable fees and taxes may apply as detailed in our Service Agreements at https://openbb.net/terms-of-service. The pricing, terms and fees of our Services are subject to change at any time unless the commercial user is under a contract term.

Fees for Additional Services: A current description of the fees for additional network-related services can be found at: https://openbb.net/ by selecting individual regions, counties, or cities as applicable

1. Network Speeds: Open Broadband offers a standard range of download speeds to residential Subscribers varying from 1 Mbps to 50 Mbps. The standard range of download speeds for business Subscribers is from 10 Mbps to 1000 Mbps. The Open Broadband Networks are designed to support these speeds to help ensure that every Subscriber receives the speeds to which they have subscribed. Open Broadband however cannot guarantee speeds at all times, as there are many factors and conditions beyond Open Broadband’s control that can affect Internet performance. Some of these external factors and conditions are:
2. Performance of Subscriber computer and/or router
3. Type of connection to Subscriber’s own equipment (i.e., Wi-Fi)

iii. Congestion of websites and services on Internet

1. Website or service limiting speeds on the Internet
2. Internet and equipment performance outside of the Open Broadband Network

The Open Broadband Services are advertised as “up to” certain speeds reflecting performance under ideal conditions and physically wired. Without purchasing an expensive “dedicated” Internet connection, no Internet Service Provider can guarantee package speeds at all times.

1. Impact of Non-Broadband Internet Connection Service Data Services (also known as “Specialized Services”): Open Broadband does not offer Specialized Services to Subscribers that will affect the last-mile capacity available for, and the performance of, our Open Broadband Services. We note, however, that there may be a temporary slowing of Internet speed when using any of Open Broadband’s broadband and VoIP services at the same time.
2. Acceptable Use: As set forth in the applicable Service Agreements, all of Open Broadband’s residential and commercial service offerings are subject to the Acceptable Use Policy (“AUP”) Service Contracts. We may from time to time establish or revise the AUP and/or the Service Contracts.
3. Privacy Policy: Open Broadband’s current Privacy Policy is available at: https://openbb.net/privacy-policy
4. Redress Options: Open Broadband endeavors to respond to all Subscriber concerns and complaints in a timely and fair manner. We encourage Subscribers to contact us at 833-880-9968, or abuse@openbb.net, or U.S. postal mail to discuss any complaints or concerns as they occur. Our postal address is:

Open Broadband

Attn: Engineering Department

PO Box 723

Waxhaw, NC 28173

1. Disputes and Arbitration: The Service Contracts require the use of arbitration to resolve disputes and otherwise limits the remedies available to Subscribers in the event of a dispute.
2. 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 Subscriber believes that we are not in compliance with the FCC’s rules, the Subscriber may file an informal complaint with the FCC. The FCC urges Subscribers to submit any complaints via its website at the following address: https://consumercomplaints.fcc.gov/hc/en-us.

4. ADDITIONAL DISCLAIMERS

This Open Internet Policy does not affect, alter or otherwise supersede the legal status of cooperative efforts by Open 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 Subscribers 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 Agreements and Privacy Policy.

 

Last Updated: 01.08.2020