Updated and revised 3/2/2020
Upward Broadband LLC is committed to providing our Services as an open and safe platform for education, innovation, investment, job creation, economic growth, competition, and communication. UPWARD also supports the following Net Neutrality principles:
- NO Blocking of lawful Internet content except pornographic and sexually explicit materials, subject to reasonable network management as described below and in our Acceptable Use Policy
- NO Throttling of lawful Internet content, subject to reasonable network management as described below and our Acceptable Use Policy
- NO Unreasonable Discrimination
- NO Paid Prioritization of 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 Statement sets forth certain information regarding the policies and practices of UPWARD and how we manage our networks for residential and business broadband internet access service (the “UPWARD Networks”). This Open Internet Policy Statement is a supplement to and is incorporated by reference in the various legal terms and conditions of our Services, which are found at our Policies and Conditions of Service https://www.upwardbroadband.com/policies-and-conditions-of-service page, including but not limited to UPWARD’s “Acceptable Use Policy” (collectively “Service Agreements”). In the event of any inconsistency between this Open Internet Policy Statement and the Service Agreements, this Open Internet Policy Statement shall control.
UPWARD’s access service is a fixed wireless 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 subscriber’s premises and the transmission point, as well as the subscriber’s connection of multiple devices to a UPWARD Network. Although we have engineered the UPWARD 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 UPWARD Network demands can affect the performance for all subscribers.
I. NETWORK MANAGEMENT PRACTICES
Network management is only activated when congestion is detected on an UPWARD Network. In regular intervals, UPWARD Network equipment is polled to identify what devices may be experiencing congestion. When a specific device is determined to be congested, the subscribers serviced from that/those network device(s) are analyzed and then managed based on plan and usage thresholds until the congestion has been alleviated, as described more fully below. Subscribers will still be able to do what they want online; in many cases activities may be unaffected. In other cases, subscribers may see reduced speed in downloads or uploads. No specific type of usage activity or subscriber aggregate monthly usage is targeted by these practices. It is important to note that UPWARD Network management is temporary and based on constantly changing network conditions.
The network management practices described in this section are part of the “standard” UPWARD Network architecture. As UPWARD acquires or builds other broadband Internet networks, we implement these practices as quickly as possible.
A. Blocking: Other than reasonable network management practices disclosed below and application of our Acceptable Use Policy, we do not block or otherwise prevent a subscriber from accessing lawful content, applications, services, or your use of non-harmful devices.
B. Throttling: Other than reasonable network management practices disclosed below and application of our Acceptable Use Policy, 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 consistent with our Acceptable Use Policy is handled identically.
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 UPWARD.
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 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. We do not impose any additional usage limits for the Services unless part of our network management practices.
I. If UPWARD determines, in our sole and reasonable discretion, that the manner in which a subscriber is using the service negatively impacts other subscribers or any UPWARD Network, we reserve the right to apply additional congestion management techniques.
F. Application-Specific Behavior: Subject to the qualification that UPWARD may reasonably limit or rate-control specific or classes of applications, or other specific protocols or protocol ports as set forth below and the application of our Acceptable Use Policy, UPWARD 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 UPWARD Network to potential legal liability, harm any UPWARD Network or otherwise interfere with or impair the experience of other subscribers on UPWARD Networks. UPWARD Networks also may 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 an UPWARD Network. UPWARD does not limit the types of devices that can be connected to any UPWARD Networks, provided they are used for lawful purposes and do not harm a UPWARD Network, violate our Service Agreements, or harm other users of UPWARD Networks. However, if we determine, in our sole and reasonable discretion, that the connection of a particular type of device to any UPWARD Network negatively impacts other users or the UPWARD Network, or may expose us to potential legal liability, we reserve the right to limit or restrict subscribers’ ability to connect such type of device to UPWARD 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://www.upwardbroadband.com/. Depending on your level of service and your specific Service Agreement, there may be an additional monthly fee for our IT support services.
H. Security: UPWARD has taken reasonable physical, technical and administrative safeguards to protect the integrity and operations of UPWARD Networks and our subscribers from malicious and unwanted Internet traffic. We monitor the UPWARD Network for security threats and may prohibit certain activity on UPWARD Networks that we may deem, in our sole and reasonable discretion, poses a potential risk to any UPWARD Network 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 any UPWARD Network 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 any UPWARD Network or to other subscribers, or may expose us to potential legal liability.
II. PERFORMANCE CHARACTERISTICS AND COMMERCIAL TERMS
A. Specific service fees and rates for an individual subscriber are published on our website and also may be set forth in a Service Order Agreement or email confirmation[TB1] . Various information regarding our Services, including additions, changes or modifications are also publicized on the UPWARD website at https://www.upwardbroadband.com/
B. Network Speeds: UPWARD offers a range of download speeds to residential subscribers varying from 10 Mbps to 100 Mbps. The network is designed to support these speeds to help ensure that every subscriber receives the speeds to which they have subscribed. UPWARD however cannot guarantee speeds at all times, as there are many factors and conditions beyond UPWARD’s control that can affect Internet performance. Some of these external factors and conditions are:
i. Performance of subscriber computer and/or router
ii. Type of connection to UPWARD Customer Premise Equipment
iii. Congestion of web sites and services on Internet
iv. Web site or service limiting speeds on the Internet
v. Internet and equipment performance outside of the UPWARD
UPWARD Internet packages 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.
C. Impact of Non-Broadband Internet Access Service Data Services (also known as “Specialized Services”): UPWARD does not offer Specialized Services to subscribers that will affect the last-mile capacity available for, and the performance of, our broadband Internet access Service offering.
D. Acceptable Use: As set forth in the Service Agreement, all of UPWARD’s service offerings are subject to the Acceptable Use Policies (“AUP”) section of the Service Agreement, which we may from time to time establish or revise. The AUP is available at https://www.upwardbroadband.com/policies-and-conditions-of-service.
F. Redress Options: UPWARD endeavors to respond to all subscriber concerns and complaints in a timely and fair manner. We encourage subscribers to contact us at 717-869-0968, or firstname.lastname@example.org, or U.S. postal mail to discuss any complaints or concerns. Our postal address is 3105 Lincoln Hwy. E, Paradise PA 17562
III. 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.
IV. ADDITIONAL DISCLAIMERS