Open Internet Principles of InfoWest, Inc.

The Federal Communications Commission issued rules to preserve the Internet as an open platform. These rules went into effect on November 20, 2011 and can be found at here. (http://www.gpo.gov/fdsys/pkg/FR-2011-09-23/html/2011-24259.htm) All Internet service providers are required to post information regarding various issues so that consumers, both residential and business, can make informed choices about choosing an Internet service provider. This document contains information regarding our services and in compliance with the FCC’s rules. The policies contained herein serve as a supplement to the existing terms of service.

The FCC’s rules focus on four primary issues:

• Transparency. Fixed and mobile broadband providers must disclose the network management practices, performance characteristics, and terms and conditions of their broadband services;
• No blocking. Fixed broadband providers may not block lawful content, applications, services, or non-harmful devices; mobile broadband providers may not block lawful Web sites, or block applications that compete with their voice or video telephony services; and
• No unreasonable discrimination. Fixed broadband providers may not unreasonably discriminate in transmitting lawful network traffic.
• Reasonable network management. ISPs may engage in reasonable network management to maintain a high quality of service for broadband Internet access.

Network Practices

ISPs must disclose their network practices, specifically in the four general areas listed below. ISPs may not block lawful content, applications, services, or non-harmful devices, subject to reasonable network management. An ISP may not block consumers from accessing lawful Web sites, subject to reasonable network management; nor shall the ISP block applications that compete with the provider’s voice or video telephony services, subject to reasonable network management. ISPs may not unreasonably discriminate in transmitting lawful network traffic over a consumer’s broadband Internet access service, although, reasonable network management shall not constitute unreasonable discrimination. The FCC’s rules state that a network management practice is reasonable if it is appropriate and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service.

Congestion Management

InfoWest does not employ specific network congestion management practices.  By this we mean that InfoWest does not have automatic systems that make changes to network routing or individual customer bandwidth and/or latency based on network congestion.

InfoWest reserves the right to temporarily block or throttle internet traffic to customers who do not meet our acceptable use policy as outlined in our Acceptable Use in our Terms and Condition.

InfoWest publishes the usage quotas (specified in gigabytes of data transfer per month) for applicable service levels on the InfoWest.com web site.  Users who approach monthly usage limits will be warned by email, then again when they exceed the limits.  InfoWest will temporarily lower rate limits by 50% for customers who exceed the usage limits, but will not charge additional fees for excess usage, nor limit usage.

Application-Specific Behavior

InfoWest does not block or rate-control specific protocols or ports with the following exceptions:

• All port 25 SMTP connections to and from customers except those from customers who request SMTP connection access and that agree to abide by anti-spam laws and best practices.
• Other ports and services may be blocked as requested by the customer or to comply with legal requirements restricting malicious services.
• Customers may opt-in to have SPAM, email viruses, objectionable web sites and other services blocked for an additional fee.
• A high priority feature is available to subscribers wishing to use Voice over IP (VoIP) services. This Quality Of Service (QOS) mechanism can be used to give priority to a specific class of traffic.  Note that the QOS feature is used to prioritize a portion of the individual customer’s traffic over that same customer’s standard traffic. Priority traffic does not allow the customer to exceed the individual customer rate limit.  Customers must specifically request this service by contacting us HERE

Device Attachment Rules

The customer handoff from InfoWest is a standard 100Mb Ethernet connection. This may be connected to a customer’s computer or router. Devices connected to the network MUST NOT send Spanning Tree (STP), Rapid Spanning Tree (RSTP) or other types of Layer 2 network management protocols. Devices connected to the network MUST NOT send Layer 3 routing information such as OSPF, RIP, or BGP traffic to InfoWest equipment.

Security

InfoWest employs industry standard methods to ensure the privacy of its end users.

Performance Characteristics

ISPs must disclose the following network performance characteristics:

Service Descriptions

• Fiber optic Internet: InfoWest provides fixed service over fiber-optic cable and copper facilities using Active Ethernet technologies.  Speeds are available from 10M x 10M to 1000M x 1000M.
• DSL: Digital subscriber line (DSL) speeds are available from 1.5M x 256k to 7M x 1.5M.
• Fixed Wireless: InfoWest provides fixed wireless Internet access based on 802.11 a,g,n and AC standards that have been enhanced for fixed terrestrial wireless broadband service.

Speeds specified are configured as rate limits and are not in any way guaranteed. Service plans specifying a burst feature indicate that speeds in excess of the basic service rate may be available, but are not guaranteed. Latency from our network borders to customer locations is expected to be All services should be acceptable for most real time applications, provided the application bandwidth requirements do not exceed the service plan rate limits.

Impact of Specialized Services:

• InfoWest provides VoIP services as described. InfoWest network management does not discriminate against or favor VoIP services from InfoWest any differently than those from other providers.
• IPTV services are available in limited areas.  We may provide a dedicated Ethernet connection for IPTV separate from other Internet service in order to avoid network congestion on customer Internet circuits.

Commercial Terms

ISPs must disclose the commercial terms of its broadband Internet access service including those listed below.

Pricing:

Monthly prices, usage limits and other fees are described on various pages of www.infowest.com.

Privacy Policies:

Network management practices do not routinely entail inspection of network traffic. Network traffic may be inspected as needed by InfoWest personnel in the ordinary course of diagnosing and correcting network issues. Network Traffic is not routinely stored or provided to outside parties. Network traffic may be captured, stored, or shared with equipment vendors for the purpose of diagnosing and repairing issues with network equipment or performance. The InfoWest Privacy Policy is published online in the Term and Conditions.

Redress Options:

InfoWest prides itself on providing quality customer service. InfoWest uses U.S. based, English speaking customer support for dispute resolution. InfoWest employs a full time technical support staff and world class Customer Relationship Management system to resolve any and all disputes. InfoWest works hard to have a live person available to answer all phone calls. In the event that all phone lines are in use, customers are encouraged to leave voicemails that are attached to InfoWest’s ticketing system. All phone calls, voicemails and emails to InfoWest support generate a support ticket and case number. For any and all disputes, a specific case and case number are generated in InfoWest’s ticketing system. Customers receive email notifications when a new case is generated, when cases are updated and when cases are resolved.

FCC Notice

If a customer believes that these open Internet rules are not being met, the customer may file an informal complaint at the Federal Communications Commission. The FCC urges customers to submit any complaints via its website at the this address: https://consumercomplaints.fcc.gov/hc/en-us. Customers may also file a formal complaint at the FCC using Part 76 of the Commission’s rules.

Additional Disclaimers

The Open Internet Rules, as adopted, and these Open Internet Principles are not intended to affect, alter or otherwise supersede the legal status of cooperative efforts by broadband Internet Access Service Providers and other service providers 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, the FCC’s Open Internet Rules, as adopted, and this company’s Open Internet Principles do not prohibit the company from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content. For additional information, please review the Acceptable Use Policy.

By signing up for any InfoWest Wireless service, you agree to the following terms:

All provisions of InfoWest’s Service Agreement (hereafter “Agreement”) apply to the User’s Principal Account and Associate Accounts billed to the Principal Account.

The benefits of or rights conferred by this agreement are non-transferable. Use of InfoWest accounts is expressly limited to the Individual or business whose name appears on the account.

User agrees to use the services in a manner consistent with any and all applicable laws.

User agrees to follow the Acceptable Use Policy of any network the user connects to, Including InfoWest’s system.

If User is less than 18 years of age, Agreement must be signed by a parent or legal guardian, who is responsible for all charges related to use of User’s account(s).

Use of InfoWest’s name or logo for advertising or promotion of a commercial product or service without the express, written consent of InfoWest is prohibited.

User is responsible for all use of User’s account(s) and confidentiality of password(s). InfoWest will suspend access or change access to User’s account(s) immediately upon notification by User that his/her password has been lost, stolen or otherwise compromised.

User is responsible for all local or long-distance telephone charges for connecting to InfoWest.

User agrees to pay InfoWest all charges relating to the use of User’s account(s) according to rates and prices published at the time the service is used. Rates and prices are incorporated into this agreement by reference. User is also responsible for monthly storage charges as described agreed upon. All fees are non-refundable.

Access is subject to credit limits established by the issuer of User’s credit card and by InfoWest. A credit limit is applied to all accounts. User’s access to service may be suspended if User exceeds his/her credit limit unless prior arrangements have been made.

User is responsible to make payments for monthly charges for service in advance of receiving service in accordance with InfoWest’s standard billing procedures. All payments are non-refundable.

InfoWest reserves the right to change prices on 30 days notice.

User agrees to pay all attorney’s fees, court costs, filing fees including charges or commissions that may be assessed to us by any collection agency retained to pursue this matter, which may be as much as 50% of the principle balance owing. User further agrees to pay interest at the rate of 1.5% per month (18% per year).

InfoWest reserves the right to suspend access to service for User’s account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges.

THE INFOWEST SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTEES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO INFOWEST OR ANY INFORMATION OR SOFTWARE THEREIN THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY INFOWEST OR ITS PROVIDERS.

Neither InfoWest nor its information Providers are responsible for any damages arising from User’s use of InfoWest or by User’s inability to use InfoWest’s service.

InfoWest reserves the right to change without notice the InfoWest service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors, and services offered.

InfoWest is not responsible for User’s personal files residing on InfoWest. User is responsible for independent backup of his/her data stored on InfoWest.

InfoWest reserves the right to delete User’s personal files after one or both parties terminate agreement.

InfoWest reserves the right in its sole discretion to delete any information entered into InfoWest by User.

InfoWest and its authorized representatives shall have the right, but shall not be obligated to edit publicly viewable information.

User hereby agrees that any material submitted for publication on infowest through user’s account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous.

InfoWest, at its sole business judgement, may terminate this online services contract immediately or suspend User’s access to the service upon any breach of this On-line Services Contract by User, including, but not limited to, refusal or failure to pay for services provided or by sole judgement of InfoWest that User may be performing activities harmful to InfoWest or its Users, employees, vendors, business relationships, or any other users of the Internet.

Due to the public nature of the Internet, all e-mail is considered publicly accessible and important information transferred though the Internet.

InfoWest reserves the right to terminate access to service for any User account which has been inactive for 6 months.

Use of distribution list in electronic mail or other mass electronic mailings is subject to approval of InfoWest.

This Agreement shall be governed by the laws of the State of Utah.