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 this link: 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:

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• 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: Depending on service type, CMS subscribers share upstream and downstream bandwidth on the network. Disproportionate demand on the bandwidth has the potential to cause performance impacts. Congestion management may be applied when spam, viruses, denial of service attacks or other malicious activity is present. Congestion management techniques include limiting a particular connection’s bandwidth or shutting down a connection until the problem detected can be resolved. All users on the network receive equal access to bandwidth and CMS does not implement usage caps.

Application-Specific Behavior: CMS reserves the right to implement network management practices to prevent harmful or illegal activity such as virus distribution or transfer of illegal content. CMS currently restricts access to port 25 for outbound SMTP. Depending on the type of service and location, quality of service controls may be in place to provide consistent performance to real time voice traffic.

Device Attachment Rules: CMS permits any device as long as it does not harm the network or violate the acceptable use policy. Depending on the type of subscribed service, not all devices may be compatible. CMS may require CMS-owned equipment at the termination point of the customer location. Depending on the type of service and location, device registration and/or configuration of the device may be necessary to gain access.

Security: If CMS detects suspicious, criminal, or abusive traffic, or activity that violates our acceptable use policy we may temporarily block access to protect the security of the CMS network and its customers.  This may be triggered by a denial of service attack or by CMS detecting an unusual amount of traffic that may be related to computers infected with malicious software viruses.  If a customer believes that CMS is blocking such traffic in error, the customer should contact CMS Internet technical support at (800) 962-7022.

PERFORMANCE CHARACTERISTICS

ISPs must disclose the following network performance characteristics:

Service Description: CMS offers a variety of Internet access services to residential, commercial, industrial, educational, and government facilities. Technologies used for service delivery include pots telephone lines, digital subscriber line services, unlicensed and licensed wireless, T1 circuits, Ethernet-based connections utilizing both copper and fiber optic. Availability of delivery method depends on service location.

Access speeds and latency vary based on location and type of delivery methods available. CMS provisions all customer connections at the advertised speeds but actual speeds and latency can be affected by a variety of factors. These include customer computers, customer network and security configurations, wire conditions and electromagnetic interference, radio frequency interference, congestion on the network and uncontrollable environmental effects. Connections are suitable for real time communications with properly configured end user devices and prior consent of CMS technical support.

Impact of Specialized Services: CMS voice services provided to customers may utilize the same Internet capacity in which the customer subscribes. Details regarding the shared capacity are disclosed at the point of sale.

COMMERCIAL TERMS

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

Pricing: Please see the following webpage for Internet pricing – http://cmsinter.net If applicable, detailed pricing and early termination fees are outlined in the CMS “Wireless Equipment Warranty & Service Agreement” or “DSL/VoIP Equipment Warranty & Service Agreement” entered into before service begins.

Privacy Policies: CMS monitors traffic flow at all points on the network for network management purposes. This information is used for performance and planning needs. Monitored information includes the amount of traffic sent and received on a particular network link or directly from a subscriber device. At times, monitored information may include source and destination, type of information and may be analyzed to determine if malicious traffic is present or when required by law to comply with regulations.

Redress Options: Customers can contact CMS technical support at (800) 962-7022 with questions, service inquiries or service trouble. Edge providers can contact CMS by email via abuse@cmsinter.net to report abuse, security concerns or general questions.

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 following address: http://esupport.fcc.gov/complaints.htm. 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.