At WildBlue, our goal is to give each of our
customers the fastest service possible at the lowest
possible price. We are always striving to develop programs
and policies that help make that possible. Our Fair Access
Policy is designed to impact the fewest customers while
helping ensure the best speeds for the vast majority of
our customers.
WildBlue has documented that a small percent of customers account for a disproportionate share of data usage
on the WildBlue network. To ensure that all WildBlue customers have equitable access to the WildBlue
network, WildBlue has implemented a Fair Access Policy (or “FAP”), WildBlue sets usage thresholds on the
amount of data you can upload and download within stated time periods. If you exceed these thresholds,
WildBlue will temporarily limit the speed at which you can send and receive data over the WildBlue access
network. You will still be able to use the WildBlue Internet access service but your speed will be slower.
WildBlue may use other traffic management and prioritization tools to help ensure equitable access to the
WildBlue network for all customers. Your WildBlue Internet access is not guaranteed and is subject to this
FAP.
Based on an analysis of typical customers, we have set a rolling 30-day limit on data usage per customer,
called a Usage Threshold. As shown in the table below, this threshold varies based on the service plan you
selected. For each service plan, the Usage Thresholds are significantly above the amount of data that is used
by a typical customer. Every day, we measure your upload and download data usage (“Actual Usage”) to
determine if your total Actual Usage, as aggregated over the previous 30 days (“Usage Total”), exceeds the
Usage Threshold for the service plan that you selected. At any time, you can see your Usage Total versus your
monthly Usage Threshold under the Customer Care section at wildblue.net.
We will notify you via your WildBlue contact email address if your Usage Total reaches 80% or more of the
Usage Threshold. If at any time your Usage Total is above the Usage Threshold, your usage has violated the
FAP and we will reduce your WildBlue access speeds, typically to 128 kbps in the downstream (from the
Internet to you) and 28 kbps in the upstream (from you to the Internet), and you may experience a loss of
connectivity during peak usage periods (collectively, “Reduced Access”). Once your speeds have been
reduced, you must decrease your usage to bring your Usage Total to 70% or less of the Usage Threshold.
Once your Usage Total reaches this level, your access speeds will be restored to the original speed levels by
the next day.
If, however, you do not decrease your Usage Total to 70% or less of the Usage Threshold within the next 30
days, this failure will constitute a second FAP violation. If you violate the FAP in each of four consecutive
months or in each of five calendar months within any twelve month period – whether by exceeding the
monthly Usage Threshold or by remaining in a reduced-speed status -- your use of the service will be limited
to Reduced Access and restricted to Web browsing activities and to sending and receiving e-mail. Again,
once you reduce your Usage Total to 70% of your Monthly Usage Threshold, your speeds and access will
return to normal.
You are likely to avoid any limitations imposed by the FAP if your use is typical of the majority of Internet
users and consists primarily of Web surfing and a reasonable amount of downloading. The table below shows
the monthly Usage Thresholds for each plan. These limits specify the amount of data that you can upload and
download before your access speed is reduced. Please note that your Usage Total is far more likely to exceed
the Usage Thresholds below if you use peer-to-peer file sharing programs, you use a webcam or you download
full length movies, large quantities of music files, full software applications or similar high-bandwidth
activities.
| |
WildBlue Monthly Usage Thresholds
|
| |
Value Pak
|
Select Pak
|
Pro Pak
|
| Upload Threshold (MB) 1 |
2,300
|
3,000
|
5,000
|
| Download Threshold (MB) 2 |
7,500
|
12,000
|
17,000
|
| 1 |
Upload Threshold is the volume of data that can
be uploaded during the previous 30 days before the
Fair Access Policy may restrict the user’s
speeds. |
| 2 |
Download Threshold is the volume of data that
can be downloaded during the previous 30 days
before the Fair Access Policy may restrict the
user’s speeds. |
These terms and conditions state important
requirements regarding your use of WildBlue’s High-Speed Internet service and your relationship with WildBlue.
You should read them carefully as they contain important
information regarding your rights and ours. If you do not
agree to these terms and conditions, you many not use the
service and, subject to the terms of your Customer
Agreement, you must terminate your service immediately.
WildBlue may revise this Fair Access Policy from
time to time without notice by posting a new version of
this document on wildblue.com, wildblue.net or any
successor URL(s). All revised copies of the Policy are
effective immediately upon posting. Accordingly, customers
and users of WildBlue’s High-Speed Internet service
should regularly visit these web sites. Questions
regarding this FAP and complaints of violations of it by
WildBlue customers and users can be directed to WildBlue
via “Help” email obtainable at wildblue.net.
Version 1.4. Last Updated:
February 28, 2008
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