Fair Access Policy

WildBlue has documented 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. 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 rolling 30-day limit on data usage per customer, called a 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 total Actual Usage, as aggregated over the previous 30 days (“Usage Total”), exceeds the Usage Threshold for the service plan that you selected. At any time, you can see your Usage Total versus your monthly Usage Threshold under the Customer Care section at wildblue.net.

We will notify you via your WildBlue contact email address if your Usage Total reaches 80% or more of the Usage Threshold. If at any time your Usage Total is above the Usage Threshold, your usage has violated the FAP and 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), and you may experience a loss of connectivity during peak usage periods (collectively, “Reduced Access”). Once your speeds have been reduced, you must decrease your usage to bring your Usage Total to 70% or less of the Usage Threshold. Once your Usage Total reaches this level, your access speeds will be restored to the original speed levels by the next day.

If, however, you do not decrease your Usage Total to 70% or less of the Usage Threshold within the next 30 days, this failure will constitute a second FAP violation. If you violate the FAP in each of four consecutive months or in each of five calendar months within any twelve month period – whether by exceeding the monthly Usage Threshold or by remaining in a reduced-speed status -- your use of the service will be limited to Reduced Access and restricted to Web browsing activities and to sending and receiving e-mail. Again, once you reduce your Usage Total to 70% of your Monthly Usage Threshold, your speeds and access will return to normal.

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 Usage Thresholds 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 Usage Total is far more likely to exceed the Usage Thresholds 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.

These terms and conditions state important requirements regarding your use of WildBlue’s High-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 may 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 upon 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 High-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 the “Help” email at wildblue.net.

(Version 1.4. Last Updated: February 28, 2008)