Network Management Disclosure

Network Management Disclosure

Pursuant to the Open Internet Order issued by the Federal Communication Commission (“FCC”), All West Communications, Inc., All West/Utah, Inc., and All West/Wyoming, Inc. (collectively “All West”) are required to disclose Network Management practices in order to provide transparency to their customers. However, this disclosure is not meant to replace or alter any terms of service as provided in any contract or notices supplied by All West. Specifically, the FCC rule states:

A person engaged in the provision of broadband Internet access service shall publicly disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband Internet access services sufficient for consumers to make informed choices regarding use of such services and for content, application, service, and device providers to develop, market, and maintain Internet offerings.

These disclosures apply only to residential and non-customized small business Internet Services. If you have any question whether the services you purchase or are considering purchasing from All West are covered by this disclosure, please contact All West at 866.255.9378.

All West is committed to providing its Internet services as an open platform for economic growth, competition, entertainment, investment, and innovation. It does not block any lawful content, applications, services, or your use of non-harmful devices, or discriminate in transmitting lawful network traffic.

Performance Characteristics

Core Network/Service Description: All West and its subsidiaries provide Internet services across various technologies including cellular, fixed wireless, copper telephone lines (DSL2+/VDSL), fiber to the premises, and coaxial cable. Each of these services is connected to a common MPLS core Internet Protocol Network. Such core is connected to redundant Internet access circuits obtained from carriers in Denver, CO and Salt Lake, UT.

Internet Speeds: All West markets and provides the speeds listed on its website found at www.allwest.com/internet-plans . All West uses its best effort to provide the purchased speeds. If Customers have issues with their speed, then they can call All West for technical assistance at no charge. The following variables (which are often out of All West’s control) can affect actual speeds experienced by customers:

Network Capacity: All West purchases more than double its customer’s combined peak usage from carriers. It also ensures that there is capacity on its core and that ports are distributed to limit disruptions. Therefore, it is unlikely that slow speeds are a result of All West’s network capacity.

Customer Equipment: Performance of a customer’s computer, including its age, processing capability, its software, the number of applications running simultaneously, and the presence of any spyware, viruses, etc.

Connection: Type of connection between a customer’s computer and modem and the distance of devices from customer’s computer.

Path: The distance, paths, and networks packets travel between a customer’s computer and their final destination on the Internet. Packets may travel across multiple and various providers and the limitations of those networks can affect the overall speed.

Congestion or Website Limitations: If a large number of visitors are accessing a site or particular destination at the same time, your connection will be adversely affected if the site or destination does not have sufficient capacity to serve all of the visitors efficiently. Also, some websites limit speeds at which visitors can download from their sites.

Modem/Gateway: The performance of the modem may degrade over time. Sometimes the modem just needs to be restarted or have the software updated. Please contact All West to discuss such issues and the possible solutions.

Network Overhead: The modem uses a portion of the bandwidth to handle network and overhead information. This is typically very minor and the connections are sized to eliminate most, if not all, slowing in relation to this issue.

Length of Lines or Distance from Antennas: The technologies used by All West may be affected by distance or terrain. All West will use its best effort to provide the ordered speeds. All West is not responsible for reimbursing customers for not providing purchased speeds.

All West maintains a speed test server on its website at http://speedtest.allwest.net/ , which customers may use, but the issues above may affect the results.

Many factors may affect All West’s network. All West will use its best effort to keep its network operational. However, the network might experience problems or may not be available. All West is not liable to its customers in such circumstances.

Impact of Specialized Services: The MPLS core also carries other services such as TDM circuits, Ethernet circuits, voice service, and video services. Priority across such MPLS core network is given for circuits and voice services; however, the MPLS core is sufficiently sized to prevent slowing of Internet under almost all circumstances. Customers over the various technologies are connected to common ports on core routers and equipment. The customers on each port share use of such port. All West attempts to distribute its customers across the various ports in order to reduce overall bandwidth constraints. All West does not have any control over other carriers beyond its core network.

Network Practices

Congestion Management Practices: Congestion is an Internet service problem that can slow web browsing, downloading and other activities of the customers during certain peak usage periods. All West engineers monitor and proactively reinforce our network with additional capacity in areas where congestion is identified.

If acute network congestion occurs, All West employs various techniques to ensure a positive customer experience and fair distribution of network resources. Our network management techniques include ensuring that customer systems are not propagating viruses or distributing spam email, – i.e. by preventing virus/spam delivery to customer email accounts. In some cases, we may limit the number of customers that may be served on a particular network node until additional capacity can be added. We also seek to monitor and identify which customers are using the greatest amount of bandwidth during periods of heavy congestion, and to contact those “high volume customers” to work out a solution to the problem.

All West reserves the right to manage, temporarily, the Internet traffic of “high volume customers” during periods of significant congestion until such periods of congestion pass. The temporary traffic management will be accomplished by technically and commercially feasible methods. Affected “high volume customers” will still be able to access the Internet and engage in any and all on-line activities, however, during periods of heavy congestion, they may experience longer download and upload times, slower web surfing, and slower movements during on-line gaming.

Customers should note that any temporary traffic management practices employed by All West will impact only identified and notified “high volume customers” during periods when congestion problems are experienced, and will not be based upon the types of content, applications, services, or devices such customers use.

Application Specific Behavior Practices: All West does not favor or inhibit certain applications or classes of applications. Customers may use any lawful and commercially available application which they desire on All West’s network.

All West does not normally monitor the contents of the traffic or applications of its customers. It undertakes no obligation to monitor or investigate the lawfulness of the applications used by its customers. If any party contacts All West with a substantial allegation that an application being used by a customer is unlawful, All West will investigate the matter (including consultation, as it 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. All West will not prohibit the use of customer-developed or modified applications unless there is a reasonable belief that such applications will cause harm to its network. The Company does not block or rate-control specific protocols or protocol ports. The Company does not modify protocol fields in ways that are not prescribed by the applicable protocol standards.

Device Attachment Rules: All West provides modems or gateways to its customers. All West does not allow customers to provide their own modems or gateways, because All West uses these devices to monitor its network and to ensure quality service. Customers may place routers or other devices in their own network beyond the All West provided router or gateway. If customers are using wireless networks beyond All West’s equipment, All West encourages its customers to secure the wireless networks. Such wireless networks are susceptible to outside usage, which may violate customers’ privacy, slow down customers’ usage of the Internet, or otherwise harm customers. Customers may call All West for help in securing such wireless networks, but in no instance is All West responsible for the security of such networks, even if such wireless network is across a router or modem provided by All West. Customers use such networks at their own risk.

Security Practices. All West does not normally monitor the traffic of its customers. It undertakes no obligation to monitor or protect such customer traffic from spam, viruses, denial-of-service attacks, or other malicious, unlawful or unwanted activities.

All West recognizes that customers can purchase spam filtering and anti-virus software from commercial vendors to meet their needs. All West may from time to time offer anti- spam and/or anti-virus software or services to customers who desire to purchase them from All West. When offered, these software or services will be described and priced in other sections of this website and in All West’s sales and marketing materials. 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 customers of All West 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 All West as soon as possible. All West 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.

All West employs commercially appropriate security procedures to protect its network and its customer records from unauthorized access by third parties. All West does not guarantee that it can protect customers from any and/or all security breaches.

Commercial Terms

Pricing Terms and Conditions: All West 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 Residential/Business portions of this website, www.allwest.com .

All West does not impose usage based fees upon certain tiers or levels of its service. All West may impose fees for early termination with respect to certain of its service arrangements and promotions offered to customers. Customers should refer to their Subscriber Agreement for the specific pricing and fees applicable to them.

Privacy Policy: As indicated above, All West’s network management practices do not generally entail inspection of network traffic. All West 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.

All West 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.

All West does not collect, store or use traffic information to profile its customers in order to sell additional services to them, or for similar non-network management purposes.

Customers are encouraged to review All West ’s full Privacy Policy on its website at: www.allwest.com/Privacy-Policy.

Usage of Network

All West is responsible for providing quality service to all of its customers. Therefore, All West reserves the right at any time to adjust rates and prices upon notice to its customers. Further, All West reserves the right to limit service to any customer that All West determines in its sole discretion is negatively affecting All West’s network or other customers. All West may take corrective actions (including but not limited to termination of service) for customers who have violated any term of use or have engaged in practices that could harm the network or other customers’ utilization of All West’s services. Further, use of All West’s network for illegal or inappropriate actions is prohibited. All West may provide customer information to appropriate legal authorities as direct by law or in the case of copyright infringement to those violated as directed legally upon notice to the customer.

Otherwise, All West does not engage in any network management practices, target specific types of traffic based on their technology or their provider, modify protocol fields in ways not prescribed by the protocol standard, inhibit or favor certain applications or classes of applications, or block or manage any specific protocols or protocol ports. However, All West may block port 25 traffic if it determines that it threatens the overall use of its network.

Redress Options: If you have any questions or complaints regarding this policy, please contact All West at 866.255.9378.

All West strongly desires to resolve questions, complaints and other problems of its customers and edge service providers in an informal and direct manner that satisfies all interested parties to the greatest extent practicable.

This is an equal opportunity provider and employer.

If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Form, Found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at program.intake@usda.gov