Eastern Indiana Wifi Inc.

Open Internet Compliance Statement

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 three 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.

Eastern Indiana Wifi Inc.
Eastern Indiana Wifi Inc.  “(EIWIFI),”  is committed to an open Internet and supports the following Net Neutrality principles:
Transparency
NO Blocking of Internet content, subject to reasonable network management as described below
NO Throttling of 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 content
Freedom of Customers to use non-harmful applications of their choice
Freedom of Customers to attach non-harmful personal devices

EIWIFI  broadband access service is primarily a fixed wireless service (“Service”).  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 Customer’s premises and the transmission point, as well as the Customer’s connection of multiple devices to the EIWIFI.  Although we have engineered the EIWIFI Network to provide consistent high-speed data services, some network management for these scenarios is required, because very heavy data usage by even a few customers at times and places of competing network demands can affect the performance of all Customers.

We may also conduct deep packet inspection (“DPI”), which is a type of filtering that will examine the data and/or header part of Internet traffic for viruses, spam, intrusions, or protocol non-compliance that may harm the EIWIFI network; to determine the routing of Internet traffic; for internal statistical and performance purposes; for lawful intercept capabilities, and/or enforcement of our Service Agreement.  We do not use DPI to conduct data mining for targeted marketing or advertising, or anti-competitive purposes.

Congestion Management:

EIWIFI uses smart traffic monitoring and QOS to manage potential congestion. All traffic is subject to management. The purpose of network management is to enhance the customer’s interactive Internet experience and to allow all customers to enjoy the service to the greatest extent possible. The effects of such practices are minimal to the end user. We only use priorities, not limits. VoIP, interactive traffic and some others are given priority over non-interactive downloads other types of non-real time traffic. A set of smart filters is used to tag and control traffic based on an evolving rule set. No traffic is ever blocked or dropped, merely re-prioritized. At the current time congestion is very rare. We indicate congestion when a particular network segment approaches 90% of its usable capacity. EIWIFI does not have usage limits or any consequences for exceeding them.

If we determine, in our sole and reasonable discretion, that the manner in which a Customer is using the Service negatively impacts other Customers or EIWIFI Networks, we reserve the right to apply additional congestion management techniques.

 Application-Specific Behavior:

We do not block or rate-control any particular application or protocol. We do favor interactive applications over non-interactive applications. This allows VoIP calls and other high QOS applications to continue to function normally in the face of any possible congestion.
 
EIWIFI 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 the EIWIFI Networks to potential legal liability, harm the EIWIFI Networks or otherwise interfere with or impair the experience of other Customers on the EIWIFI Networks.  The EIWIFI network may also not support certain high-bandwidth video and voice applications, or peer-to-peer applications that carry unlawful or harmful content/software.

Device Attachment Rules:

For our fixed wireless broadband service only our radios with proprietary 802.11 protocol enabled can connect directly to our network. For the customers in-house wireless or wired access, we have no restrictions except for managed routers which are encrypted with WPA2.

Generally, you do not need approval to connect a third-party device to the EIWIFI’ s network.  EIWIFI does not limit the types of devices that can be connected to the network , provided they are used for lawful purposes and do not harm the EIWIFI network, violate our Service Agreement, or harm other users of the Networks.  However, if we determine, in our sole and reasonable discretion, that the connection of a particular type of device to the EIWIFI negatively impacts other users or the EIWIFI, or may expose us to potential legal liability, we reserve the right to limit or restrict Customers’ ability to connect such type of device to the EIWIFI network.  If you need technical support services to assist you in the installation and configuration of third party devices, please contact us or visit support @eiwifi.com Depending on your level of Service and your COS, there may be an additional monthly fee for IT support services.

Security:

EIWIFI . employs interactive firewall rules and NAT at the border routers and NAT at the customer premise equipment. All radio transmissions in our network are encrypted with industry standards AES encryption.
Performance Characteristics
ISPs must disclose the following network performance characteristics:

Service Description:
EIWIFI provides fixed wireless broadband. We use unlicensed 2.4GHZ and 5.8GHZ and 3.65 GHZ spectrum to deliver the services to the customer. Expected speeds are 1megabit/second upload, 2 megabits/second download for the basic service plan. Actual speeds may vary. The service is used by customers for real time applications such as VoIP as well as other internet based services.

The EIWIFI 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.

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 the Internet
Website or service limiting speeds on the Internet
Internet and equipment performance outside of the EIWIFI network

Impact of Specialized Services:
EIWIFI. does not currently provide specialized services.

Commercial Terms
Service Description and Pricing: Links to a current description of the categories of Internet access service offered to residential and business Customers are available here, including pricing, expected and actual access speed and latency, and the suitability of the service for real-time applications: 

RESIDENTIAL
www.eiwifi.com

Commerical
www.eiwifi.com

These plans and pricing are subject to change without notice.

 Privacy Policies:
EIWIFI does not capture or store any browsing information. Network management does entail inspecting the type (but not the content) of network traffic. EIWIFI does not provide any information about traffic to third parties nor do we use any traffic information for non-network management purposes.

Redress Options:

EIWIFI maintains normal business hours 8-5 Mon-Fri for customer issues. We work to respond to all escalated issues within 48 hours. Any customer may terminate our relationship at any time with no penalty if outages exceed contracted limits.

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.





 Acceptable Use Policy
All customers and all others who use the Service (the "customer," "user," "you," or "your") of Eastern Indiana WIFI,Inc., herein referred to as Company must comply with this Policy. Your failure to comply with this Policy shall result in the suspension or termination of your Service account. If you do not agree to comply with this Policy, you must immediately stop all use of the Service and notify us so that your account can be closed. 

Company does not routinely monitor the activity of individual Service accounts for violations of this Policy, except for determining aggregate data consumption in connection with the data consumption provisions of this Policy. However, in the Company's efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Service. Company has no obligation to monitor the Service and/or the network. However, Company and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Service; identify violations of this Policy; and/or protect the network, the Service and Company users. 

If the Service is used in a way that Company or its suppliers, in their sole discretion, believe violates this Policy, Company or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service. Neither Company nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not Company's exclusive remedies and Company may take any other legal or technical actions it deems appropriate with or without notice. 

In general, the Policy prohibits uses and activities involving the Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Service by others. For example, these prohibited uses and activities include, but are not limited to, using the Service, Customer Equipment, or the Company Equipment, either individually or in combination with one another to violate the terms of this agreement. 

The following are violations of this agreement: 

unauthorized copying of copyrighted material included but not limited to: digitalization and distribution of photographs from magazines, books, or any other copyrighted material or sources including software;
threatening of bodily harm or the threat of property damage to groups or individuals;
making or taking part in fraudulent offers or products, items or services originating from your account;
attempting to access accounts of anyone other than your own, attempting to penetrate ("hacking") security measures of Company, whether or not the intrusion results in data corruption or loss;
the unauthorized use of a person's name or likeness;
access any other person's computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
copy, distribute, or sublicense any proprietary software provided in connection with the Service by Company or any third party, except that you may make one copy of each software program for back-up purposes only;
distribute programs that make unauthorized changes to software (cracks);
service, alter, modify, or tamper with the Company Equipment or Service or permit any other person to do the same who is not authorized by the Company;
connect the Company Equipment to any computer outside of your Premises;
interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to "crash" a host;
engage in conduct that would expose Company or its service providers to civil or criminal liability;
assist others in engaging in prohibited conduct;
sell or otherwise transfer this Service to any user not located within the household unless granted explicit written permission from Company. This list is not intended to be exhaustive.
send or receive any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable without explicit written consent;

Spam Policy 

No spamming is allowed. Anyone sending mass mailed messages to more than 30 recipients will be considered spammers and lose all rights to the services offered here and be subjected to a fine. Spamming is defined as sending unwanted, unsolicited email to those who have not requested or invited the message. In no way does Company provide open relaying services to users not within our network.


The following are considered violations of this Policy: 

send "spam," chain letters, or other unsolicited communications to any party;
create a "mail drop" for such communications, or engage or permit e-mail relay services (e.g., "open mail relay");
"spoof" or otherwise impersonate any other party, falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header or sender identification information in any communication;
commit fraud;
posting or emailing of scams or "get rich quick" schemes, pyramid type or chain letters, subscribing others to a mailing list without their prior consent or knowledge or approval;
harass, or threaten any party, advocate or otherwise encourage violence against any government, organization, group, individual or property, or provide instruction, information, or assistance in causing or carrying out such violence;
disseminate viruses, Trojan horses, or other code or programming intended to damage, interfere with, intercept or expropriate any system, data or personal information;
harassing others by "mail-bombs". Mail bombing is here defined as the sending of more than 10 like messages to the same address or by the sending of more than 10 MB of data to a newsgroup. The sending of unsolicited email messages where the recipient objects to the content of the material sent;
send or receive any material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
send or receive material containing defamatory, false, or libelous material;
send or receive any material that you do not have a right to make available under law or contractual or fiduciary relationships;

In cases of willful violations of this provision, the Offender(s) agree to pay Company $200.00 for every day the violations occur over and above any fines and damages incurred to Company. The Offender(s) also agree to pay any and all legal costs or fees involved with the apprehension and investigations of such activities. 

Reselling Service 

The services sold & provided by Company are designed and sold as "personal" and/or "inner" Company Internet connections. 

You may NOT use residential services for ANY commercial purposes without written consent.
You may NOT run a server of ANY kind without a written agreement from Company without written consent.
Examples include but are not limited to: mail, FTP, HTTP, IRC, DHCP or interactive multi-user forums
NO RESELLING or SHARING of the Internet connectivity without written consent. Anyone that is caught reselling or sharing their connection will be formally charged on all accounts and prosecuted to the fullest extent provided by law.

Bandwidth Usage 

"Always On" means the ability to achieve service to the web in an unlimited and always available connection. In no way or implication does Company, guarantee or offer to deliver for the residential or business connections an unlimited amount of data transfer for a basic monthly price. 

Residential & Basic Business 

No repetitive, persistent or consistent "pinging" on any scheduled or fixed rate of time is authorized.
Company reserves the right to suspend or terminate Service accounts where data consumption is not characteristic of a typical residential user of the Service as determined by the company in its sole discretion. Company has established a monthly data consumption threshold per Internet account. Accounts are limited to 30 Gigabytes ("GB") for each residential account and 50 Gigabytes ("GB") for each small business account. Any usage exceeding these limits may be charged at $5.00 per Gigabyte or any portion over a Gigabyte. Use of the Service in excess of these monthly limits is excessive use and is a violation of this Policy.Common activities that may cause excessive data consumption in violation of this Policy include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol ("FTP") and (ii) peer-to-peer applications. You must also ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other person's use of the Service, nor represent (as determined by Company in its sole discretion) an overly large burden on the network. In addition, you must ensure that your use of the Service does not limit or interfere with Company's ability to deliver and monitor the Service or any part of its network. Company's determination of the data consumption for Service accounts is final.

Copyright Policy 

Company is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Service (or any part of the Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. It is Company's Policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the Service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who Company, in its sole discretion, believes is infringing these rights. Company may terminate the Service at any time with or without notice for any affected customer or user. If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to Company. 

Indemnification 

The customer agrees to indemnify, defend, and hold harmless the Company from any and all liabilities, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from the actions of the Company which damage either the customer, the Company, or any other party or parties without limitation or exception. This indemnification agreement extends to all issues associated with the customer's account. 

Payments 

All accounts are due 30 days after invoice date of each month. All accounts not paid in full on the 31st are considered "overdue" and service may be suspended. There may be a $25.00 reconnect fee if your service is suspended due to non-payment or Policy violation. 

All payments returned due to "insufficient funds" may be charged $25.00. Services may also be suspended if not rectified within 15 calendar days. Claims may be turned over to Small Claims Court. All costs related to the collection of "insufficient funds" check, electronic or otherwise, will be charged back to the check writer.

Engaging in any of the above activities can result in the immediate termination of all services of Company. The failure of Company to enforce the Policy, shall not be construed to be a waiver of Company's rights to enforce the Policy at any time. 

You agree that, if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable laws as nearly as possible, and the remaining portions will be in full force and effect.