Open Internet Compliance Statement

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DONET, INC., DBA DATAYARD, OPEN INTERNET PRINCIPLES

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.

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:

  • 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:

For access services, DataYard does not provide any kind of congestion management. A customer is able to completely saturate their line with all kinds of traffic on any port, and we will generally not intervene. The amount of bandwidth the customer is able to consume is determined by the amount of bandwidth they buy from us. For example, a residential user with a 6Mbps DSL line could use all 6Mbps. A business customer with a 300Mbps fiber connection can use all 300Mbps.

EXCEPTION #1: If the customer has asked us to manage their network we may, at the customer’s direct request, install access control lists and QoS to prioritize certain types of traffic. This is usually done to protect their network against attack, or improve the quality of certain services, like VoIP.

EXCEPTION #2: If we detect a denial-of-service attack in progress we may, at the discretion of our network administrators, de-peer with upstream carriers or block traffic to/from nefarious-looking IP addresses/blocks. This is usually only done when network performance is seriously degraded and immediate corrective action is required to restore performance for affected DataYard customers.

Application-Specific Behavior:

DataYard allows unrestricted transmission of all traffic types, over all ports, for all protocols, for all access customer connections.

EXCEPTION #1: If the customer has asked us to manage their network we may, at the customer’s direct request, install access control lists and QoS to prioritize certain types of traffic. This is usually done to protect their network against attack, or improve the quality of certain services, like VoIP.

EXCEPTION #2: If we detect a denial-of-service attack in progress we may, at the discretion of our network administrators, de-peer with upstream carriers or block traffic to/from nefarious-looking IP addresses/blocks. This is usually only done when network performance is seriously degraded and immediate corrective action is required to restore performance for affected DataYard customers.

Device Attachment Rules: DataYard generally owns, installs, and configures the customer premise equipment for network connections. For uniformity and ease of management, DataYard usually deploys Cisco devices on the customer premises. We have, however, worked with customers on a case-by-case basis to integrate our connections to their hardware.

By default, DataYard does not limit the kinds of devices that the customer can connect to their internal networks for the purpose of passing traffic over our internet connection. An exception to this is when the customer, at their request, asks us to limit devices on their network by MAC address.

Security:

The data passing over a customer’s network is generally unrestricted and unmonitored. However, for network management purposes, DataYard records and maintains a log file of network traffic data from the DataYard core showing protocol, port, and source and destination IP addresses for the last calendar day.

EXCEPTION #1: If DataYard notices a problem within its own infrastructure and confirms an attack against DataYard resources is in progress we generally block that offending customer’s traffic immediately and contact the customer for corrective action.

 

EXCEPTION #2: If DataYard receives complaints from legitimate external network entities that they have detected an attack originating from a DataYard customer we investigate. If we can confirm that an attack is in progress we generally block that customer’s traffic immediately and contact the customer for corrective action.

Performance Characteristics

ISPs must disclose the following network performance characteristics:

Service Description:

DataYard provides both layer 2 and layer 3 network connectivity to our access customers using T-1, SHDSL, VDSL, and fiber circuits. Expected speeds range from 1.5Mbps (T-1) to 1Gbps (fiber). Average latencies typically do not exceed 40ms, with most averaging around 20ms. Provided adequate bandwidth is available to support all customer traffic our access services are perfectly suitable for real-time applications like VoIP.

Impact of Specialized Services:

We may, at the customer’s direct request, install access control lists and QoS to prioritize certain types of traffic. This is usually done to protect their network against attack, or improve the quality of certain services, like VoIP.

Commercial Terms

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

Pricing:

Pricing for DataYard’s broadband internet services are calculated by adding the transport price to the committed bandwidth price.

Transport pricing is specified in each customer contract on a case-by-case basis, varying as a result of customer distance, carrier selected, copper versus fiber, etc.

Bandwidth pricing uses a flat rate model for the capacity of the connection, and is as follows:

LINE CAPACITY  / MONTHLY BANDWIDTH COST
5 Mbps $111.50
10 Mbps $216.00
15 Mbps $314.50
20 Mbps $407.00
25 Mbps $494.00
30 Mbps $576.00
35 Mbps $653.00
40 Mbps $726.00
45 Mbps $795.00
50 Mbps $860.50
100 Mbps $1365.50
150 Mbps $1720.50
200 Mbps $2026.00

Privacy Policies:

By default, DataYard does not capture or log any details about network traffic, to include the browsing details of our customers. Any network traffic inspection that might be performed would only be done at the request of a customer to resolve a specific issue that customer may be experiencing on their connection. The highest level of network detail recorded for each customer is the assignment of a specific IP address (or range of addresses) to them, either statically or via DHCP at a specific date/time.

DataYard does not share any customer information (identity, billing address, billing history, etc.) to third parties unless specifically required by subpoena from a legitimate legal authority.

Redress Options:

In the event of a complaint from an end-user or edge provider, DataYard will open a support ticket and troubleshoot on an individual case basis. Except when it’s unlawful or DataYard’s network is under DDoS attack, our over-arching philosophy is to make sure that every customer can get to their desired network destination.

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.