Open Internet Policy (Net Neutrality)
Fidelity Communications adopts this Open Internet Policy to promote the Internet as an open platform enabling customer choice, freedom of expression, end-user control, competition, and the freedom to innovate without permission.
No Unreasonable Discrimination: Fidelity Communications does not unreasonably discriminate in transmitting lawful network traffic over a customer's broadband Internet access service, subject to reasonable network management. Reasonable network management practices are set out below.
Fidelity Communications does not:
- Discriminate among specific uses, or class of uses, of its network
- Impair, degrade or delay VoIP applications or services that compete with its voice services or those of its affiliates
- Impair, degrade, delay or otherwise inhibit access by customers to lawful content, applications, services or non-harmful devices
- Impair free expression by actions such as slowing traffic from particular web sites or blogs
- Demand pay-for-priority or similar arrangements that directly or indirectly favor some traffic over other traffic
- Prioritize its own application, services or devices or those of its affiliates
No Blocking: Fidelity Communications does not block lawful content, applications, services, or non-harmful devices, subject to reasonable network management. Network management practices are set forth below.
NETWORK MANAGEMENT PRACTICES
General: Fidelity Communications manages its network to provide high quality service to its customers. Fidelity Communications cannot guarantee that it can prevent spam, viruses, security attacks, network congestion and other actions which can affect service, but does use various filters, monitoring efforts and other measures to minimize the effects of spam, viruses, security attacks, network congestion and other actions which can affect the service provided to customers.
Congestion: Fidelity Communications has not experienced substantial problems with congestion. However, it may be possible that there are congestion events that may occur in the future, particularly as it may be related to the service capacity from third parties used by Fidelity Communications to provide the customer with access to the world. Such service capacity is outside the control of Fidelity Communications.
Where feasible, Fidelity Communications will address congestion issues through improvements to its network or the capacity purchased from other providers needed to connect to the outside world. Such processes take time to implement and may not be feasible in all situations. Therefore, Fidelity Communications reserves the right to monitor and identify which customer accounts are using the greatest amount of bandwidth during periods of heavy congestion and to work to provide solutions to address those issues. If a preferred solution cannot be worked out with the customer or customers, Fidelity Communications reserves the right to manage the Internet traffic of high volume customers during periods of significant congestion. This means that the affected customers will still be able to access the Internet and engage in activities that they desire, but during certain periods of time they may experience conditions such as longer times to download or upload files, slower access and slower movements during online game playing. It is expected that any periods of traffic management due to congestion will be brief and infrequent.
Use of Network: In no case will Fidelity Communications discriminate among customers on the basis of the type of content, applications, services or devices which the customer uses.
Applications: Customers may use any lawful and commercially available application which they desire.Fidelity Communications does not normally monitor the contents of the traffic or applications of the customers and undertakes no obligation to monitor or investigate the lawfulness of any specific application used by a customer. Fidelity Communications will only take steps regarding an application specific behavior by a customer if there is a reasonable belief that the application will cause harm to Fidelity Communications' network or is unlawful, including, but not limited to, violating intellectual property rights.
Devices: A customer may use any lawful, compatible type-accepted and commercially available device which they desire on the network provided by Fidelity Communications, as long as such device does not harm the network and is not unlawful.
Security: Fidelity Communications undertakes no obligation to monitor or protect customer traffic from spam, viruses, denial of service attacks or other malicious, unlawful or unwarranted activities. Fidelity Communications does not guarantee that it can protect customers from any or all security breaches. The customer is using this service at its own risk. Customers are cautioned to purchase their own spam filtering and antivirus software from commercial vendors to meet their needs. However, a customer that is subject to spam, virus, denial of service attack or similar malicious, unlawful or unwarranted activities is urged to contact Fidelity Communications as soon as possible. Fidelity Communications will work with the customer on how the customer can take appropriate and economically reasonable efforts to address the matter.
Other Matters: Other terms and conditions for use are found in Fidelity Communications' Acceptable Use Policy at http://www.fidelitycommunications.com/legal/aup. The terms and conditions of the Acceptable Use Policy control to the extent there is any inconsistency with this Policy.
Depending on customer location, residential broadband service is provided via our DSL and coaxial cable network. Pricing, service type, and available network speeds vary by area serviced by Fidelity. Fidelity Communications does not have usage limits or usage-based fees on its customer base accounts. The pricing and levels of service provided by Fidelity Communications can be found at www.fidelitycommunications.com/internet.
Customers on our DSL platform have access to service levels ranging from download speeds ranging from up to 1.5 Mbps to up to 10 Mbps with upload speeds from up to 512 kbps to up to 1 Mbps based on their distance from the office equipment. Not all customers will be able to attain the highest speeds and final determination of deliverable service will be made at time of install.
Customers within Fidelity Communications coaxial cable plants have access to packages with download speeds up to 15 Mbps with upload speeds up to 1 Mbps. Certain markets where Docsis 3.0 technology has been implemented have access to download speeds up to 50 Mbps with upload speeds up to 2 Mbps.
Actual access speeds and delay times or latency are impacted by the length, capacity and congestion of transport facilities purchased by Fidelity Communications from third party providers. Fidelity Communications cannot guarantee that it will be able to obtain capacity from these third party providers at commercially reasonable prices if and when additional third party capacity is needed to reach Internet nodes.
Fidelity Communications' ability to deliver the speeds set forth above may be affected by significant use of specialized services such as Internet-based video services. This is a growing area and its effect on Fidelity Communications’ ability to provide service at the speeds listed above is unknown at this time.
Fidelity Communications also employs a data caching technology. With this, current popular content on the internet is downloaded to local storage within our own network. What this means for the customer is that when they visit these popular websites instead of having to download the entire part of it from the internet they only have to get the updated/dynamic pieces of the page. Static portions like site images/logos/videos are served up from the local servers at a faster speed than could have been done had it traversed the entire distance thereby creating a faster experience for the end user.
As a general statement, Fidelity Communications does not usually entail inspection of network traffic. Fidelity Communications does retain and store certain traffic information for time periods required by federal and state law, including, but not limited to, the identity of the customer using a particular IP address during a specific period of time. Fidelity Communications does assist law enforcement and provides traffic information that it may have available to it when requested pursuant to the Communications Assistance for Law Enforcement Act, the Foreign Intelligence Surveillance Act and other applicable national and state security and criminal statutes.
FIDELITY COMMUNICATIONS DOES NOT COLLECT, STORE OR USE TRAFFIC INFORMATION TO PROFILE ITS CUSTOMERS IN ORDER TO SELL ADDITIONAL SERVICES TO THEM OR FOR NON-NETWORK MANAGEMENT PURPOSES.
If a customer has complaints about the service, they are urged to contact Fidelity Communications. A customer always has the right to file a complaint with the Federal Communications Commission at http://www.fcc.gov.
RESERVATION OF RIGHTS/AMENDMENTS
In the event of any conflict between material found on other links on Fidelity Communications' web site and this Open Internet Policy, the more specific terms at the other links shall control.
Fidelity Communications may modify this Policy and other policies it has linked for the customer from time to time at its discretion. Notice of such changes will be posted on this web site. However, individual notice to customers, content providers, application providers, service providers or device providers by any means whatsoever shall not be provided unless specifically required to by federal or state law. Notice of changes will be provided in advance normally upon a thirty day basis. However, Fidelity Communications reserves the right to use a shorter notice period when circumstances so warrant.
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