Open Internet Policy

​IntelliWave LLC D/B/A Intelliwave Broadband (“IntelliWave,” “we,” “our,” or “us”) provides high-speed broadband Internet access service via fixed wireless and fiber optic transmissions, voice services, and other ancillary services to residential and business clients, subscribers and/or customers (collectively, “Subscribers”) in Ohio (collectively, “Services”).  IntelliWave is committed to offering reliable Internet access services that will allow our Subscribers to take full advantage of all of the lawful content and services available on the Internet.  We support the following Net Neutrality principles:

Transparency
NO Blocking of lawful Internet content, subject to reasonable network management as described below
NO Throttling of lawful Internet content, subject to reasonable network management as described below
NO Unreasonable Discrimination
NO Paid Prioritization of Internet content
Freedom of Subscribers to access lawful Internet content
Freedom of Subscribers to use non-harmful applications of their choice
Freedom of Subscribers to attach non-harmful personal devices

This Open Internet Policy sets forth certain information regarding the policies and practices of IntelliWave and how we manage our networks for residential and business broadband Internet access service (the “IntelliWave Networks”).  This Open Internet Policy is a supplement to and is incorporated by reference in the various legal terms and conditions of our Services, which are found at our website., including but not limited to the Fixed Wireless End User Agreement (www.intelliwave.com/wirelesssubscriber.html), Fiber Optic Services End User Agreement (www.intelliwavefiber.com/fibersubscriber), Business Level Services Agreement (www.intelliwave.com/businesssubscriber.html) and Privacy Policy (www.intelliwave.com/privacy.html)  (collectively, “Service Agreements”).  In the event of any inconsistency between this Open Internet Policy and the Service Agreements, this Open Internet Policy shall control.  

IntelliWave’s high-speed broadband Internet Service is primarily a fixed wireless service using bandwidth that is shared with other users on our various computers, servers, transmission equipment and other infrastructure in various states.  Generally, given the nature of fixed wireless services, certain circumstances may affect the speed and quality of the service, including but not limited to foliage, line-of-sight obstructions, the distance between a Subscriber’s premises and the transmission point, as well as the Subscriber’s connection of multiple devices to our transmission equipment and other broadband infrastructure. Fixed wireless services have a larger reach in rural and remote areas.  We also offer Internet access services via fiber optic transmissions, which has less risk of interference and obstructions but may not be available in particular service areas. 

Both types of transmissions are collectively called, the “IntelliWave Networks.”  Although we have engineered the IntelliWave Networks to provide consistent high-speed data services, some network management for these scenarios is required in order to provide the best online experience possible for all of our Subscribers.  Very heavy data usage by even a few Subscribers at times and places of competing IntelliWave Networks demand can affect the performance for all Subscribers. And the Service performance may vary based on the specific transmission used to provide the Service.  

NETWORK MANAGEMENT PRACTICES

Congestion Management:  Our Subscribers are subject to the maximum connection speeds set forth in the specific IntelliWave Service they have purchased unless there is a need to make adjustments based on congestion management. These speeds can be found at www.intelliwave.com/plansandpricing.html and www.intelliwavefiber.com/plansandpricing.  In a manner consistent with the IntelliWave Service Agreements, IntelliWave monitors network traffic to ensure capacity is sufficient to maintain an efficient network load, to perform diagnostics and to otherwise manage and enhance our network.  To help manage traffic on the IntelliWave Network, IntelliWave may give priority on an unpaid basis to interactive or critical classes of traffic such as VoIP, and traffic essential to the efficient operation of the IntelliWave Networks.  IntelliWave’s congestion management practices are in place to ensure that all Subscribers experience high quality service.  If IntelliWave determines, in its sole and reasonable discretion, that the manner in which a Subscriber is using the Services negatively impacts other Subscribers or the IntelliWave Networks, IntelliWave reserves the right to apply additional congestion management techniques.  If IntelliWave determines, in its sole and reasonable discretion, that traffic adversely affects a Subscriber or the IntelliWave Network, IntelliWave reserves the right to block that traffic.  

IntelliWave’s network management is temporary and based on constantly changing and dynamic network conditions.

Blocking:  Other than reasonable network management practices disclosed herein, we do not block or otherwise prevent a Subscriber from accessing lawful content, applications, services, or your use of non-harmful devices. However, if IntelliWave determines, in our sole and reasonable discretion, that traffic adversely affects a Subscriber or the IntelliWave Network, IntelliWave may block or otherwise prevent that traffic from accessing the IntelliWave Network.  
Throttling:  Other than reasonable network management practices disclosed below, we do not throttle or otherwise shape, slow, degrade or impair a Subscriber from accessing lawful Internet traffic on the basis of content, application, service, user, or use of a non-harmful device.  All lawful Internet use is handled identically.
Affiliated Prioritization:  We do not directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, to benefit any of our affiliates, defined as an entity that controls, is controlled by, or is under common control with IntelliWave.
Paid Prioritization:  We do not directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, in exchange for consideration, monetary or otherwise.
Congestion Management:  Our Services are provided on a “best efforts” basis and our congestion management practices are in place to ensure that all Subscribers experience as high quality a service as possible.  Our typical frequency of congestion is estimated at <5% Subscribers select how much high-speed data they receive under a designated service plan.  
In a manner consistent with our Service Agreements, we may monitor network traffic to ensure capacity is sufficient to maintain an efficient network load, to perform diagnostics and to otherwise manage and enhance the IntelliWave Networks.  To help manage traffic on the IntelliWave Network, during times of high demand, we may allocate available bandwidth among Subscribers on an equal basis, by plan level.  In addition, we may prioritize certain applications, such as public safety and VoIP, over other traffic types. 

 

IntelliWave may use fair-queueing, which allocates network resources evenly when the IntelliWave Networks reach maximum capacity.

 

If IntelliWave determines, in our sole and reasonable discretion, that the manner in which a Subscriber is using the service negatively impacts other Subscribers or an IntelliWave Network, we reserve the right to apply additional congestion management techniques. 

Application-Specific Behavior:  Subject to the qualification that IntelliWave may reasonably limit or rate-control specific or classes of applications, or other specific protocols or protocol ports as set forth below, IntelliWave generally treats all lawful applications identically.  However, we reserve the right to block or limit access to any applications, ports, or protocols that we determine, in our sole and reasonable discretion, may expose any IntelliWave Network to potential legal liability, harm any IntelliWave Network or otherwise interfere with or impair the experience of other Subscribers on an IntelliWave Network. 

Subject to the qualification that IntelliWave may reasonably limit peer-to-peer applications as set forth above, IntelliWave generally treats all lawful applications identically; however, IntelliWave reserves the right to block or limit access to any applications that IntelliWave determines, in IntelliWave’s sole and reasonable discretion, may expose IntelliWave to potential legal liability, harm an IntelliWave  Network or otherwise interfere with or impair the experience of other Subscribers on a IntelliWave Network.

The IntelliWave Networks may not support certain high-bandwidth video and voice applications, or peer-to-peer applications that carry unlawful or harmful content/software.

Device Attachment Rules:  Generally, you do not need approval to connect a third-party device to the IntelliWave Networks.  IntelliWave does not limit the types of devices that can be connected to the IntelliWave Network, provided the devices are used for lawful purposes and do not harm an IntelliWave Network, violate our Service Agreement, expose IntelliWave to potential legal liability, or harm other users of IntelliWave Networks.  However, if we determine, in our sole and reasonable discretion, that the connection of a particular type of device to any IntelliWave Network negatively impacts other users or the IntelliWave Networks, or may expose us to potential legal liability or violates our Service Agreement, we reserve the right to limit or restrict Subscribers’ ability to connect such type of device to the IntelliWave Networks.  If you need technical support services to assist you in the installation and configuration of third party devices, please contact us or visit iwcsr@intelliwave.com.  Depending on your level of service and your specific Service Agreement, there may be an additional monthly fee for our IT support services.
Security:  IntelliWave uses industry-standard tools and generally accepted best practices and policies to take reasonable physical, technical and administrative safeguards to protect the integrity and operations of the IntelliWave Network and our Subscribers from malicious and unwanted Internet traffic, as well as harmful online content and activities.  If IntelliWave determines, in its sole and reasonable discretion, that traffic adversely affects a Subscriber or the IntelliWave Network, IntelliWave reserves the right to block that traffic.  However, IntelliWave cannot and does not guarantee complete security.  Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of Personal Information at any time.

Subscriber’s account is protected by a password for Subscriber privacy and security.  It is Subscriber’s responsibility to prevent unauthorized access to Subscriber’s account and Personal Information by selecting and protecting Subscriber password and/or other sign-on mechanism appropriately and limiting access to Subscriber computer, tablet or device and browser by signing off after Subscriber has finished accessing Subscriber’s account.  Subscriber is required to notify us immediately if Subscriber’s password or account has been disclosed to a person whose name does not appear on Subscriber’s account, even if you have allowed such disclosure.  Subscriber understands, acknowledges and agrees that Subscriber is solely responsible for any use of IntelliWave Services via Subscriber’s username and password.

PERFORMANCE CHARACTERISTICS AND COMMERCIAL TERMS

Specific service fees and rates for an individual residential or business Subscriber are set forth in the designated Service Agreement.  Some plans are available to both residential and business Subscribers.  Not all plans are available to all subscribers or in all service areas. Other plans may be only available for business Subscribers.  Various information is also available here:  www.intelliwave.com and www.intelliwavefiber.com    

Service Description, Pricing and Fees: IntelliWave is continually working to develop a variety of services and plans to meet your individual needs, budget, and Internet demands now and in the future. When we offer new services, we will provide the characteristics, capabilities and terms of such new service offerings to allow you to make knowledgeable choices about which services make the most sense for you. IntelliWave will continue to provide you with accurate and relevant information in plain language so you can make informed choices.

Links to a current description of the categories of Internet access service offered to residential and/or business Subscribers are available below, including pricing, expected and actual access speed and latency, and the suitability of the service for real-time applications:

Residential Services:

Fixed Wireless High-Speed Internet Service Monthly Plans:

www.intelliwave.com/plansandpricing.html

Fiber Optic High-Speed Internet Service Monthly Plans

www.intelliwavefiber.com/plansandpricing

IntelliWave also offers a premium “High Capacity Dedicated Links” Service for high-volume business, government and institutional clients (“IntelliWave Dedicated Service”).  The IntelliWave Dedicated Service is not subject to this Open Internet Policy because it is not a mass-market retail service.  We do, however, abide by the same Net Neutrality principles as mentioned above and the network management practices detailed in this Policy.

Impact of Non-Broadband Internet Access Service Data Services (also known as “Specialized Services”): We do not offer data-related Specialized Services to Subscribers that will affect the last-mile capacity available for, and the performance of, our broadband Internet access service offerings. However, there may be a temporary slowing of Internet speed when using any broadband and VoIP services at the same time.
Various Fees. We will assess the following fees for our Fixed Wireless, and/or Fiber Optic Internet Access Services, where applicable. Please see our website www.intelliwave.com/fees.html and/or our Service Agreements for pricing details.
 Network Speeds: IntelliWave offers a standard range of download speeds to residential Subscribers varying from 2 Mbps to 1000 Mbps.  The standard range of download speeds for business Subscribers is from 2 Mbps to 1000 Mbps.  The IntelliWave Networks are designed to support these speeds to help ensure that every Subscriber receives the speeds to which they have subscribed.  IntelliWave however cannot guarantee speeds at all times, as there are many factors and conditions beyond IntelliWave’s control that can affect Internet performance.  Some of these external factors and conditions are:

Performance of Subscriber computer and/or router
Type of connection to Subscriber’s own equipment (i.e., Wi-Fi)
Congestion of websites and services on Internet
Website or service limiting speeds on the Internet
Internet and equipment performance outside of the IntelliWave Network
Local radio interference
Obstructions in radio line of sight

The IntelliWave Services are advertised as “up to” certain speeds reflecting performance under ideal conditions.  Without purchasing an expensive “dedicated” Internet connection, no Internet Service Provider can guarantee package speeds at all times.

Impact of Non-Broadband Internet Connection Service Data Services (also known as “Specialized Services”):  IntelliWave does not offer data-related Specialized Services to Subscribers that will affect the last-mile capacity available for, and the performance of, our IntelliWave Services.  We note, however, that there may be a temporary slowing of Internet speed when using any of IntelliWave’s broadband and VoIP services at the same time.
Acceptable Use: As set forth in the applicable Service Agreements, all of IntelliWave’s residential and business service offerings are subject to acceptable use provisions (“AUP”) for all Internet Access Services.  We may from time to time establish or revise any of the Service Agreements.  
Privacy Policy: IntelliWave’s current Privacy Policy is available here:  www.intelliwave.com/privacy.html
Redress Options: IntelliWave endeavors to respond to all Subscriber concerns and complaints in a timely and fair manner.  We encourage Subscribers to contact us at 740-592-0322, or iwcsr@intelliwave.com or U.S. postal mail to discuss any complaints or concerns as they IntelliWave.  Our postal address is 145 Columbus Road Athens, Ohio 45701 ATTN:  Customer Service.

Disputes and Arbitration: The Service Agreements may limit the remedies available to Subscribers in the event of a dispute. 
FCC REQUIREMENTS AND COMPLAINT PROCESS

The Federal Communications Commission (“FCC”) has adopted rules to preserve the Internet as an open platform (“Rules”).  Information regarding these Rules is available on the FCC’s website at: https://www.fcc.gov/restoring-internet-freedom  

If a Subscriber believes that we are not in compliance with the FCC’s rules, the Subscriber may file an informal complaint with the FCC.  The FCC urges Subscribers to submit any complaints via its website at the following address:   https://consumercomplaints.fcc.gov/hc/en-us.

ADDITIONAL DISCLAIMERS

This Open Internet Policy does not affect, alter or otherwise supersede the legal status of cooperative efforts by IntelliWave that are designed to curtail copyright or trademark 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, our Subscribers and other end users.  Furthermore, this Open Internet Policy does not prohibit us from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content.  For additional information, please review the Service Agreements and Privacy Policy.