Arvig Enterprises, Inc.
Broadband Internet Access Services Network Management Practices, Performance Characteristics, and Commercial Terms and Conditions for Fixed Services
Arvig Enterprises, Inc. and its affiliated operating companies (“The Company”, “Arvig”, “We”, “Us” or “Our”) have adopted the following network management practices, performance characteristics, and commercial terms and conditions for its broadband Internet access services in compliance with the Federal Communications Commission’s (“FCC’s) Open Internet Framework requirements (GN Docket No. 09-191 and WC Docket No. 07-52).
These practices, characteristics, terms and conditions are intended to help preserve the Internet as an open framework that enables consumer choice, freedom of expression, end-user control, competition, and freedom to innovate without permission, while permitting us to manage our network reasonably.
These practices, characteristics, terms and conditions are effective as of November 20, 2011. They will be maintained and updated on this website and in our printed material.
Arvig may add, delete, or modify certain practices, performance characteristics, terms and conditions from time to time at our discretion. We will provide as much advance notice as practicable of such changes. We will normally endeavor to furnish notice of rate changes thirty (30) days before changes become effective, but reserve the right to use a shorter notice period when regulatory, operational, technical or other circumstances warrant.
I. Network Management Practices
Arvig manages our network with the goal of providing the best practicable broadband Internet experience to all of its customers. Within the scope of available resources, we attempt to deploy and maintain adequate capacity and facilities within our own network, and to acquire sufficient Middle Mile capacity or facilities outside our service area to connect with the Internet. We use our best efforts to monitor, address and minimize (but do not guarantee that we can prevent) the effects of spam, viruses, security attacks, network congestion, and other phenomena that can degrade the service of affected customers.
A. Congestion Management Practices
Congestion is an Internet access service problem that can slow web browsing, downloading, and other customer activities during certain peak usage periods. Congestion may be caused by capacity limits and bottlenecks in a service provider’s own network, or by limitations in the capacity of the Middle Mile transport facilities and services that many rural service providers must purchase from unrelated entities to carry the traffic of their customers between their service areas and the closest Internet nodes.
Arvig utilizes a variety of network technologies in our broadband networks. Some of those technologies are inherently susceptible to congestion as the number of connected customers increases. We closely monitor these systems and enhance and upgrade them to keep up with the steadily rising bandwidth demand.
Where an Arvig broadband network employs technology and/or Middle Mile transport facilities that may be susceptible to congestion, we will attempt to allocate the available bandwidth fairly among the affected customers.
Arvig classifies all Internet traffic as best effort regardless of the network technology and/or connection and its potential for congestion situations.
B. Application-Specific Behavior Practices
We do not favor or inhibit certain applications or classes of applications. Customers may use any lawful and commercially available application which they desire on Arvig’s network.
We do not normally monitor the contents of the traffic or applications in use by our customers. We undertake no obligation to monitor or investigate the lawfulness of the applications used by our customers. If any party contacts us with a substantial allegation that an application being used by a customer is unlawful, We will investigate the matter (including consultation, as we deems appropriate, with attorneys, consultants, federal or state regulators, and/or federal, state or local law enforcement agencies), and will take appropriate actions to deal with the use of applications that are demonstrated to be unlawful.
Customers may occasionally develop their own applications, or modify commercially available applications. We will not prohibit the use of customer-developed or modified applications unless there is a reasonable belief that such applications will cause harm to our network or they are used in a manner that violates the Arvig Internet Acceptable Use Policy.
We do block specific protocol ports that are commonly known to be used to propagate malware.
We do not modify protocol fields in ways that are not prescribed by the applicable protocol standards.
Notwithstanding anything in this section, Arvig may restrict the use of peer file sharing by individual customers for certain periods of time in the enforcement of the Arvig Internet Service Acceptable Use Policy, and in alignment with the intent of the Digital Millennium Copyright Act of 1998.
C. Device Attachment Rules
Arvig does not have any approval procedures that must be satisfied before a device can be connected to our network. Customers may use any lawful, compatible, type-accepted (if necessary) and commercially available device which they desire on the Arvig network, as long as such device does not harm the network.
We do strongly urge customers connecting wireless routers to our network to secure access to their wireless access point using its built-in security features. Failure to secure wireless access to your network leaves your service open to misuse by outsiders which may result in impaired performance or violations of the Arvig Internet Acceptable Use Policy (AUP) for which you would be held responsible. If you would like assistance securing your wireless network, helpdesk contact information and the AUP can be found at: http://www.arvig.com/support/internet.
The Company does not normally monitor the devices used by our customers. We warn customers that some types of devices (for example, Data Over Cable Service Interface Specification (‘DOCSIS’) devices intended for use on cable broadband networks) may not be compatible with its fiber optic and digital subscriber line (“DSL”) network. In other words, cable modems and DSL modems are not interchangeable.
Arvig undertakes no obligation to monitor or investigate the lawfulness of the devices used by its customers. If any party contacts Us with a substantial allegation that a device being used by a customer is unlawful, We will investigate the matter (including consultation, as we deem appropriate, with attorneys, consultants, federal or state regulators, and/or federal, state or local law enforcement agencies), and will take appropriate actions to deal with the use of a device that is demonstrated to be unlawful. Customers may occasionally develop their own devices, or modify commercially available devices. The Company will not prohibit the use of lawful customer-developed or modified devices unless there is a reasonable belief that such devices will cause harm to our network.
D. Security Practices
Arvig does not normally monitor the traffic of our customers. We undertake no obligation to monitor or protect such customer traffic from spam, viruses, denial-of-service attacks, or other malicious, unlawful or unwanted activities. We do screen outgoing mail to identify and prevent use of Company email servers to send unlawful spam email or email infected with some form of malware (virus, worm, Trojan horse, etc.). The criteria used to identify outgoing spam email are listed specifically in the Arvig Internet Acceptable Use Policy which can be found at the link above in Section 1C.
The Company recognizes that customers can purchase spam filtering and anti-virus software from commercial vendors to meet their needs. Arvig offers anti-spam and/or anti-virus software or services to customers who desire to purchase them from us. When offered, these software or services will be described and priced in other sections of this website. Customers are free to obtain anti-spam and/or anti-virus software or services from any source they desire, as long as such software or services do not disrupt or degrade the traffic of other Arvig customers or harm the network.
A customer that is subjected to a denial-of-service attack, or similar malicious, unlawful or unwanted activity, is urged to notify us as soon as possible. We will work with the customer, other service providers, federal and state regulators, and/or law enforcement to determine the source of such activity, and to take appropriate, and technically and economically reasonable efforts to address the matter.
Arvig employs commercially appropriate security procedures to protect its network and its customer records from unauthorized access by third parties. The Company does not guarantee that it can protect customers from any and/or all security breaches.
E. Traffic Blocking
Arvig does not block any lawful content, applications, devices, and/or non-harmful devices.
The only potential exceptions where blocking may occur entail the unlawful or harmful circumstances set forth in Sections I.A through I.D above. The Company believes that all such circumstances constitute reasonable network management practices.
Arvig does not knowingly and intentionally impair, degrade or delay the traffic on its network so as to render effectively unusable certain content, applications, services and/or non-harmful devices. However, the Company notes that congestion may from time to time impair, degrade, or delay some traffic.
Arvig does not charge edge service providers of content, applications, services and/or devices any fees simply for transporting traffic between them and our customers.
II. Performance Characteristics
Many of the service and performance characteristics of the Company’s broadband Internet access services are contained in the service offering portions of this website. Arvig offers different tiers of service at different prices, and changes these from time to time.
A. General Service Description
Actual access speeds and time delays (latency) are impacted by the length, capacity and congestion of Middle Mile transport facilities (between Arvig’s service area and Internet nodes) as well as the characteristics of the Company’s own network. Because conditions on these facilities and routes can change frequently, We can provide estimated actual access speed and latency information only for specific recent time periods requested by a customer.
Arvig’s service is suitable for real-time applications. The speed tier a customer subscribes to will impact the efficiency of the real-time applications.
Your actual speeds and latency can be measured within the Arvig network (from your home to the point we connect to the Middle Mile by utilizing the Arvig Speed Test web page found at: www.arvig.com/helpdesk/internetspeed. If your speed test results appear to be slower than expected please contact the helpdesk and we will investigate.
B. Impact of Specialized Services
Arvig does not offer specialized services to end-users.
III. Commercial Terms and Conditions
The commercial terms and conditions of Arvig’s broadband Internet access services are contained in greater detail in the internet section of our website: http://www.arvig.com/support/internet. This section provides a brief overview or reference to terms and conditions detailed elsewhere, plus discussions of other terms and conditions required by the FCC’s Open Internet Framework.
A. Pricing Terms and Conditions
The Company offers different tiers and levels of service at different prices, and changes these from time to time. These service tiers and prices are detailed in the service offering portion of this website (http://www.arvig.com/support/internet/ordernow).
Arvig does not impose usage-based fees upon certain tiers or levels of our broadband Internet service.
The Company may impose fees for early termination with respect to certain of our service arrangements.
Arvig is willing to consider and negotiate prices for customized additional network services requested by specific customers or edge service providers if such services can be designed, developed and furnished in a commercially reasonable manner. If and when such customized services are developed and furnished, the Company reserves the right to adapt and provide them to other customers on a non-discriminatory basis so long as such subsequent provision does not entail disclosure of proprietary or confidential information of the initial customer.
B. No Unreasonable Discrimination
Arvig does not unreasonably discriminate in our transmission of traffic over the broadband Internet access services of our customers. We endeavor to give customers as much choice and control as practicable among our different service offerings and among the content, application, service and device offerings of edge service providers. When reasonable network management practices entail differential treatment of traffic, we do not discriminate among specific uses, or classes of uses, of our network.
Arvig does not impair, degrade or delay VoIP applications or services that compete with our voice services and those of our affiliates.
Arvig does not impair, degrade, delay or otherwise inhibit access by our customers to lawful content, applications, services or non-harmful devices.
Arvig does not impair free expression by actions such as slowing traffic from particular websites or blogs.
Arvig does not use or demand “pay-for-priority” or similar arrangements that directly or indirectly favor some traffic over other traffic.
Arvig does not prioritize our own content, application, services, or devices, or those of our affiliates.
C. Privacy Policies
As indicated above, our network management practices do not generally entail inspection of network traffic.
Arvig retains and stores certain traffic information (such as the identity of the customer using a particular IP address during a specific period) for time periods required by federal or state law.
Arvig retains, stores and provides to law enforcement any traffic information requested pursuant to the procedures of the Communications Assistance for Law Enforcement Act (“CALEA”), the Foreign Intelligence Surveillance Act (“FISA”) or other applicable national security or criminal statutes.
Arvig does not collect, store or use traffic information to profile our customers in order to sell additional services to them, or for similar non-network management purposes.
D. Redress Options
Questions and complaints regarding the foregoing matters should be addressed to Arvig Enterprises, Inc. at 218-346-5500 or 877-290-0560.
We strongly desire to resolve questions, complaints and other problems of our customers and edge service providers in an informal and direct manner that satisfies all interested parties to the greatest extent practicable. Customers and edge service providers that are not able to obtain satisfaction from the Company have the option of invoking the FCC’s informal and formal complaint procedures regarding Open Internet Framework disputes.
(Dec, 2011)
