This information comes from the WildBlue.net web site and was Last Updated: 02/08/06

Fair Access Policy
 
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 estimates 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. In cases of extreme and continued violation of the FAP limitations, your service may be suspended. 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 monthly limit on data usage per customer, called a monthly 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 actual data usage in any calendar month exceeds the Usage Threshold for the service plan that you selected. At any time, you can see your Actual Usage for the current month versus your monthly Usage Threshold under the Customer Care section at wildblue.net.
 
We will notify you via your WildBlue contact email address in any month in which your Actual Usage reaches 80% or more of the monthly Usage Threshold. If at any time during a calendar month your Actual Usage is above the monthly Usage Threshold, 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), for the remainder of the calendar month. At the beginning of the next calendar month, you will be restored to your original speed levels.
 
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 FAP limits 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 Actual Usage is far more likely to exceed the FAP limits 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 FAP Monthly Usage Thresholds...
Package Value Pak Select Pak Pro Pak
Monthly Usage Threshold (Download) 7,500 MB per month 12,000 MB per month 17,000 MB per month
Monthly Usage Threshold (Upload) 2,300 MB per month 3,000 MB per month 5,000 MB per month
Download Threshold is the volume of data that can be downloaded during a calendar month before the Fair Access Policy may restrict the user’s speeds.
 
Upload Threshold is the volume of data that can be uploaded during a calendar month before the Fair Access Policy may restrict the user’s speeds.
 
These terms and conditions state important requirements regarding your use of WildBlue’s Satellite 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 Satellite 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.

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Last modified: February 8, 2006