MYAKKA COMMUNICATIONS, INC.

Open Internet Policy

 (Updated  as of June 2018)

 

Myakka Communications, Inc. (“Myakka”, “we,” “our,” or “us”) 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 Customers to access lawful content

           Freedom of Customers to use non-harmful applications of their choice

           Freedom of Customers to attach non-harmful personal devices

This Open Internet Policy sets forth certain information regarding the policies and practices of Myakka and how we manage our network for broadband internet access service (the “Myakka Network”).  This Open Internet Policy is a supplement to and is incorporated by reference in our Agreement for Dedicated Internet Access (“Service Agreement’”) (available at: http://www.myakka.com/documents.html ), and in the event of any inconsistency between this Open Internet Policy and the Service Agreement, this Open Internet Policy shall control.  

Myakka’s broadband access service is primarily a fiber service (“Service”).  Generally, given the nature of fiber services, certain circumstances may affect the speed and quality of the Service, including but not limited to the distance between a Customer’s premises and the transmission point and  the Customer’s connection of multiple devices to the Myakka Network.  Although we have engineered the Myakka 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

A.        Blocking:  Other than reasonable network management practices disclosed below, we do not block or otherwise prevent a Customer from lawful content. 

B.        Throttling:  Other than reasonable network management practices disclosed below, we do 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.

C.        Affiliated Prioritization: We do not directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, to benefit any of our affiliates, defined as an entity that controls, is controlled by, or is under common control with Myakka.

D.        Paid Prioritization: We do not directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, in exchange for consideration, monetary or otherwise.

E.        Congestion Management: Our Service is provided on a “best efforts” basis and our congestion management practices are in place to ensure that all Customers experience as high quality a service under varying usage periods.  Our typical frequency of congestion is estimated at 5%.  Customers select how much high-speed data they receive under a designated Service plan; the specific Service plan is set forth in the Service Agreement.  If a Customer exceeds his/her/its selected high-speed allotment during a service cycle, we may reduce the Customer’s data speed for the remainder of that service cycle.  We do not impose any additional usage limits for the Service.  In a manner consistent with our Service Agreement and Privacy Policy, we may monitor network traffic to ensure capacity is sufficient to maintain an efficient network load, to perform diagnostics and to otherwise manage and enhance the Myakka Network.  To help manage traffic on the Myakka Network, during times of high demand, we may allocate available bandwidth among Customers on an equal basis, by account level.  In addition, we may prioritize certain applications, such as public safety and voice, over other traffic types. 

i.          We may 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 Myakka 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.

ii.         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 the Myakka Network, we reserve the right to apply additional congestion management techniques. 

F.         Application-Specific Behavior: Subject to the qualification that Myakka may reasonably limit or rate-control specific or classes of applications, or other specific protocols or protocol ports, Myakka 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 Myakka Network to potential legal liability, harm the Myakka Network or otherwise interfere with or impair the experience of other Customers on the Myakka Network.  The Myakka Network may also not support certain high-bandwidth video and voice applications, or peer-to-peer applications that carry unlawful or harmful content/software.

G.        Device Attachment Rules:  Generally, you do not need approval to connect a third-party device to the Myakka Network. Myakka does not limit the types of devices that can be connected to the Myakka Network, provided they are used for lawful purposes and do not harm the Myakka Network, violate our Service Agreement, or harm other users of the Network.  However, if we determine, in our sole and reasonable discretion, that the connection of a particular type of device to the Myakka Network negatively impacts other users or the Myakka Network, 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 Myakka Network.  If you need technical support services to assist you in the installation and configuration of third party devices, please contact us at (941) 322-2828 or Mark Ackaway (mark@myakka.com ). Depending on your level of Service and your Service Agreement, there may be an additional monthly fee for IT support services.

H.        Security: We have taken reasonable physical, technical and administrative safeguards to protect the integrity and operations of the Myakka Network.  We monitor the Myakka Network for security threats and may prohibit certain activity on the Myakka Network that we may deem, in our sole and reasonable discretion, poses a potential risk to the Myakka Network or to other Customers.  Triggering conditions include but are not limited to denial of service activity, IP address or port scanning, excessive account login failures; or certain Internet addresses that are disruptive, malicious and typically persistent.  If we notice excessive Customer connections, including but not limited to Wi-Fi connections, that are harmful or are commonly used to disrupt the normal use of the Myakka Network or use by other Customers, we will attempt to notify the Customer to work collaboratively to remedy the issue to the extent possible; however, we reserve the right as a reasonable security practice, without advance notice, to block any Customer traffic, ports, protocols, devices, or applications (such as peer-to-peer applications that may carry malicious software or are known to be problematic) that we determine, in our sole and reasonable discretion, may cause harm to the Myakka Network or to other Customers, or may expose us to potential legal liability. 

II.         PERFORMANCE CHARACTERISTICS AND COMMERCIAL TERMS

Specific Service fees and rates for an individual Customer are set forth in the Customer’s Service Agreement.  Fee information is also publicized on the Myakka Website.

A.        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 PLANS

Myakka offers five service plans.  The plans are summarized below and further detail is available at http://www.myakka.com/pricing.html

 

Program

Maximum Download Speed (mbps)

Maximum Upload Speed (mbps)

Monthly Price

Threshold1

Standard

10

10

$49.95

40GB

Enhanced

25

25

$74.95

125GB

Entertainment

50

50

$99.95

250GB

Prime

75

75

$124.95

600GB

Supreme

100

100

$149.95

1200GB

 1 Once this threshold is exceeded, speeds may be reduced.

BUSINESS PLANS

Business plans are available by calling us at (941) 322-2916.

B.        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 Myakka’s broadband and VoIP services at the same time.

C.       Various Fees. We will assess the following fees for our Service, where applicable.  Please see our Service Agreements for pricing details.

i.          Installation Fee

ii.         Equipment Rental/Lease Fee

iiv.       Equipment Purchase Fee

iv.        Equipment Repair/Replacement Fee

v.         Late Fee

vi.        Cancellation Fee

vii.       Early Termination Fee

viii.      Reconnection Fee for Terminated Service Due to Non-Payment

ix.        Service Change Fee

x.         ACH Overdrawn Check Fee

xi.        Cable Damage Repair Fee

xii.       Excess Usage Fee

 

D.        Network Speeds: Myakka offers a standard range of download and upload speeds to residential Customers varying from 10 Mbps to 100 Mbps.  The Myakka Networks are designed to support these speeds to help ensure that every Customer receives the speeds to which they have subscribed.  Myakka, however, cannot guarantee speeds at all times, as there are many factors and conditions beyond our control that can affect Internet performance.  Some of these external factors and conditions are:

i.          Performance of Customer computer and/or router

ii.         Type of connection to Customer’s own equipment (i.e., Wi-Fi)

iii.        Congestion of websites and services on Internet

iv.        Website or service limiting speeds on the Internet

v.         Internet and equipment performance outside of the Myakka Network

The Myakka 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.

F. Acceptable Use:  As set forth in the Service Agreement, all of Myakka’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: http://www.myakka.com/aup.html

G. Privacy Policy:  Myakka’s current Privacy Policy is available here: http://www.myakka.com/privacy.html

H. Redress Options: Myakka endeavors to respond to all Customer concerns and complaints in a timely and fair manner.  We encourage Customers to contact us at (941) 932-8874 or Charley Matson (Charley@myakka.com ), or U.S. postal mail to discuss any complaints or concerns as they arise.  Our postal address is 10105 284th St., Myakka City, FL  34251, ATTN: Charley Matson.

I. Disputes and Arbitration: The Service Agreement requires the use of arbitration to resolve disputes and otherwise limits the remedies available to Customers in the event of a dispute. 

 

III.        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.

 

IV.       ADDITIONAL DISCLAIMERS

This Open Internet Policy does not affect, alter or otherwise supersede the legal status of cooperative efforts by Myakka that are designed to curtail copyright or trademark infringement in response to information provided by rights holders 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 Service Agreement and Privacy Policy.