Open Internet Transparency Policy

CloudWyze, Inc.

Open Internet Transparency Policy

Updated as of May 2023

CloudWyze, Inc. (“us,” “we,” “our,” or “CloudWyze”) is committed to an open internet and supports Net Neutrality principles. This Open Internet policy discloses CloudWyze’s network management practices, performance, and commercial terms of service as they apply to the Internet Services (“Services”) provided by CloudWyze.  This Open Internet Policy is a supplement to and is incorporated by reference in our Internet Service Provider Terms and Conditions Agreement (“ISP Agreement”) available at: https://www.cloudwyze.com/internet-service-provider-terms-and-conditions-may-2023/. In the event of any inconsistency between this Open Internet Policy and the Service Order, this Open Internet Policy shall control.

CloudWyze’s broadband access service includes a fixed wireless service offering. 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 customer’s premises and the transmission point, as well as the customer’s connection of multiple devices to the CloudWyze Network.  Although we have engineered the CloudWyze 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.

I.  Network Management Practices

CloudWyze will not unlawfully block or throttle lawful Internet conduct or content. CloudWyze utilizes as necessary a variety of reasonable network management practices consistent with industry standards to ensure that all of its customers have a high-quality online experience. These practices are undertaken without regard to the source, destination, content, application, or service, and which are designed to protect customers from activities that can unreasonably burden our network or compromise security. CloudWyze’s online network is a bidirectional network, the proper management of which is essential to promote the use and enjoyment of the Internet by all of our customers. CloudWyze monitors its network and attempts to address projected demand for capacity, taking reasonable steps to expand capacity, as necessary.

• Blocking: Subject to reasonable network management practices, CloudWyze will not block or otherwise prevent a customer from any lawful internet activity or content.
• Throttling: Subject to reasonable network management practices, CloudWyze will not throttle or otherwise degrade or impair access to lawful internet traffic on the basis of content, application, service, user, or use of a non-harmful device.
• Affiliated Prioritization: CloudWyze does not directly or indirectly favor certain traffic over other traffic, including the use of techniques such as traffic shaping, prioritization, or resource reservation, to benefit an affiliate and/or an entity that controls, is controlled by, or is under common control with CloudWyze.
• Paid Prioritization:  CloudWyze does not directly or indirectly favor certain 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: CloudWyze Service is provided on a “best efforts” basis and our congestion management practices are in place to ensure that all customers experience high quality service under varying usage periods. Our typical frequency of congestion is estimated at less than 1%.  If a large number of visitors are accessing a site or particular destination at the same time, customers’ connection will be affected if the site or destination does not have sufficient capacity to serve all of the visitors efficiently. In a manner consistent with our ISP Agreement and Privacy Policy, CloudWyze may monitor network traffic to ensure capacity is sufficient to maintain an efficient workload, to perform diagnostics and to otherwise manage and enhance the CloudWyze Network. To help manage congestion on the CloudWyze Network, during times of high demand, we may allocate available bandwidth among customers on an equal basis. In addition, we may  place caps on data usage, limit data throughput or speed, or prioritize certain applications or websites over other traffic types (e.g. public safety applications).
• Security:  CloudWyze reserves the right to take reasonable physical, technical and administrative safeguards to protect the integrity and operations of the CloudWyze Network. CloudWyze monitors the Network for security threats and utilizes safeguards which may include: virus scanning; denying content from certain sources that commonly send spam, launch malicious attacks or steal user information; spam detection techniques; and putting limits on the number of emails sent/received in a given amount of time. If CloudWyze notices excessive customer connections, including but not limited to Wi-Fi connections that are harmful or commonly used to disrupt the normal use of the CloudWyze Network or use by other customers, CloudWyze reserves the right as a reasonable security practice, without advance notice, to enforce limits or block excessive account login failures, Simple Mail Transfer Protocol (SMTP), Domain Name System (DNS), and Dynamic Host Configuration Protocol (DHCP) transactions per second that subscribers can send to CloudWyze servers. In addition, in order to protect the CloudWyze Network and our customers against Denial of Service (DoS) attacks, CloudWyze may block or limit protocols commonly used for these attacks.

II. Performance

CloudWyze offers customers their choice of a variety of Internet access service tiers, each of which offers varying speeds and features that may affect the suitability of such service for real-time applications. The standard range of download speeds to customers vary from [___] Mbps to [___] Mbps.

Network Speeds: The CloudWyze Network is designed to support these speeds to help ensure that customers have the ability to receive the maximum speed levels for the tier of service to which they subscribed. However, CloudWyze cannot guarantee customers will achieve those speeds at all times, as there are many factors and conditions beyond CloudWyze’s control that can affect Internet performance.  Some of these external factors and conditions are:

• the age and capabilities of customer equipment and software;
• type of connection between customer’s device and modem (i.e. Wi-Fi);
• the distance packets of data travel;
• congestion and usage of websites and services on Internet;
• destination or website gating practices, etc.

Internet service providers cannot guarantee package speeds at all times. CloudWyze Services are advertised as “up to” certain speeds based on the tier of service to which a subscriber subscribes reflecting performance under ideal conditions. The “actual” speed a subscriber experiences may vary based on a number of factors and conditions, many of which are beyond CloudWyze’s control.

III. Commercial Terms

• Service Description and Pricing: The features, pricing, and other commercial terms of our service offerings are modified from time to time and not all packages are available in all areas. Specific Service fees and rates for an individual customer are set forth in the customer’s confirmation of sale (“Service Order”). Various information is also publicized on the CloudWyze Website.

Descriptions of currently available packaging and pricing can be found here: https://www.cloudwyze.com/residential/

• Impact of Non-Broadband Internet Access Service Data Services (also known as “Specialized Services”):  We do not offer data-related Specialized Services to customers that will affect the last-mile capacity available for, and the performance of, our broadband Internet Access Service offering. However, there may be a temporary slowing of Internet speed when using any of CloudWyze’s broadband and VoIP services at the same time.
• Various Fees: We will assess the following fees for our Service, where applicable. Please see our Service Order for pricing details.
• Acceptable Use: As set forth in the CloudWyze Service Agreements, all of CloudWyze’s service offerings are subject to the Acceptable Use Policy (“AUP”), which we may from time to time establish or revise. The AUP is available here: https://www.cloudwyze.com/may-2023/acceptable-use-policy-may-2023/.
• Privacy Policy: CloudWyze’s current Privacy Policy is available here: https://www.cloudwyze.com/may-2023/privacy-policy-may-2023/.
• Redress Options: CloudWyze works to respond to all customer concerns and complaints in a timely and fair manner. We encourage customers to contact us at (877) 678-3739 or info@cloudwyze.com, or U.S. postal mail to discuss any complaints or concerns as they arise. Our postal address is:

• Disputes: The ISP Agreement requires any legal suit, action or proceeding arising out of or related to CloudWyze Service to be instituted exclusively in the United States District Court for the Eastern District of North Carolina with respect to federal claims or the courts of North Carolina, New Hanover County.

IV. 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 customer believes that we are not in compliance with the FCC’s rules, the customer may file an informal complaint with the FCC.  The FCC urges customers to submit any complaints via its website at the following address: https://consumercomplaints.fcc.gov/hc/en-us. To file an informal complaint, select the “Internet” button and enter “Open Internet” in the subject field of the resulting form. Or contact the Open Internet Ombudsperson at: ombudsperson@fcc.gov.

V. Additional Disclaimers

This Open Internet Policy does not affect, alter or otherwise supersede the legal status of cooperative efforts by CloudWyze that are designed to curtail copyright or trademark infringement in response to information provided by rightsholders in a manner that is timely, effective, and accommodates the legitimate interests of the Company, rights holders, our customers 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 ISP Agreement and Privacy Policy.

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