Open Internet Statement and Policy
Legacy ISP, LLC
Open Internet Policy Statement
(as of January 2022)
Legacy ISP, LLC (“LEGACY ISP, LLC,” “we,” “our,” or “us”) are committed to providing our Services as an open platform for innovation, investment, job creation, economic growth, competition, and free expression. LEGACY ISP, LLC also supports the following Net Neutrality principles:
• NO Blocking of lawful Internet content, subject to reasonable network management as described below
• NO Throttling of lawful Internet content, subject to reasonable network management as described below
• NO Unreasonable Discrimination
• NO Paid Prioritization of Internet content
• Freedom of subscribers to access lawful Internet content • Freedom of subscribers to use non-harmful applications of their choice
• Freedom of subscribers to attach non-harmful personal devices
This Open Internet Policy Statement sets forth certain information regarding the policies and practices of LEGACY ISP, LLC and how we manage our networks for residential and business broadband internet access service (the “LEGACY ISP, LLC Networks”). This Open Internet Policy Statement is a supplement to and is incorporated by reference in the various legal terms and conditions of our Services, which are found at our Policies and Agreements page, including but not limited to LEGACY ISP, LLC’s “Acceptable Use Policy” (collectively “Service Agreements”). In the event of any inconsistency between this Open Internet Policy Statement and the Service Agreements, this Open Internet Policy Statement shall control.
LEGACY ISP, LLC’s broadband access service is sometimes provided via fixed wireless service. Generally, 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 a subscriber’s premises and the transmission point, as well as the subscriber’s connection of multiple devices to a LEGACY ISP, LLC Network. Although we have engineered the LEGACY ISP, LLC Networks to provide consistent high-speed data services, some network management for these scenarios is required in order to provide the best online experience possible for all of our subscribers. Very heavy data usage by even a few subscribers at times and places of competing LEGACY ISP, LLC Network demands can affect the performance for all subscriber
I. NETWORK MANAGEMENT PRACTICES
Network management is only activated when congestion is detected on a LEGACY ISP, LLC Network. In regular intervals, LEGACY ISP, LLC Network equipment is polled to identify what devices may be experiencing congestion. When a specific device is determined to be congested, the subscribers serviced from that/those network device(s) are analyzed and then managed based on plan and usage thresholds until the congestion has been alleviated, as described more fully below. Subscribers will still be able to do what they want online; in many cases activities may be unaffected. In other cases, subscribers may see reduced speed in downloads or uploads. No specific type of usage activity or subscriber aggregate monthly usage is targeted by these practices. It is important to note that LEGACY ISP, LLC Network management is temporary and based on constantly changing network conditions.
The network management practices described in this section are part of the “standard” LEGACY ISP, LLC Network architecture. As LEGACY ISP, LLC acquires other broadband Internet networks, we implement these practices as quickly as possible.
A. Blocking: Other than reasonable network management practices disclosed below, we do not block or otherwise prevent a subscriber from accessing lawful content, applications, services, or your use of non-harmful devices.
B. Throttling: Other than reasonable network management practices disclosed below, we do not throttle or otherwise shape, slow, degrade or impair a subscriber from accessing lawful Internet traffic on the basis of content, application, service, user, or use of a non-harmful device. All lawful Internet use is handled identically.
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 LEGACY ISP, LLC.
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.
• I. LEGACY ISP, LLC deploys three types of “fair queuing” as a network management tool when congestion is present in LEGACY ISP, LLC Networks, including (a) “fair split” where all users on a device get a fair share of bandwidth; (b) “fair factor” which allows for users on different service plans to get a proportion of bandwidth based on their plan (i.e. a 5Mbps user will get less bandwidth than a 50Mbps user); or (c) “borrowing” where LEGACY ISP, LLC prioritizes types of traffic to deliver a higher quality of experience (i.e. VoIP has priority over streaming and streaming has priority over bulk file transfers/downloads). No traffic type is completely denied access.
• II. LEGACY ISP, LLC may also use specific traffic shaping software in order to manage our Network during periods of congestion.
• III. LEGACY ISP, LLC may also 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 a LEGACY ISP, LLC Network; to determine the routing of Internet traffic; for internal statistical and performance purposes; for lawful intercept capabilities, and/or enforcement of our Service Agreements. We do not use DPI to conduct data mining for targeted marketing or advertising, or anti-competitive purposes.
• IV. If LEGACY ISP, LLC determines, in our sole and reasonable discretion, that the manner in which a subscriber is using the service negatively impacts other subscribers or any LEGACY ISP, LLC Network, we reserve the right to apply additional congestion management techniques.
F. Application-Specific Behavior: Subject to the qualification that LEGACY ISP, LLC may reasonably limit or rate-control specific or classes of applications, or other specific protocols or protocol ports as set forth below, LEGACY ISP, LLC 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 any LEGACY ISP, LLC Network to potential legal liability, harm any LEGACY ISP, LLC Network or otherwise interfere with or impair the experience of other subscribers on LEGACY ISP, LLC Networks. LEGACY ISP, LLC Networks also may 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 thirdparty device to a LEGACY ISP, LLC Network. LEGACY ISP, LLC does not limit the types of devices that can be connected to any LEGACY ISP, LLC Networks, provided they are used for lawful purposes and do not harm a LEGACY ISP, LLC Network, violate our Service Agreements, or harm other users of LEGACY ISP, LLC Networks. However, if we determine, in our sole and reasonable discretion, that the connection of a particular type of device to any LEGACY ISP, LLC Network negatively impacts other users or the LEGACY ISP, LLC Network, or may expose us to potential legal liability, we reserve the right to limit or restrict subscribers’ ability to connect such type of device to LEGACY ISP, LLC Networks. If you need technical support services to assist you in the installation and configuration of third party devices, please contact us or visit https://www.legacyinternet.com. Depending on your level of service and your specific Service Agreement, there may be an additional monthly fee for our IT support services.
H. Security: LEGACY ISP, LLC has taken reasonable physical, technical and administrative safeguards to protect the integrity and operations of LEGACY ISP, LLC Networks and our subscribers from malicious and unwanted Internet traffic. We monitor the LEGACY ISP, LLC Network for security threats and may prohibit certain activity on LEGACY ISP, LLC Networks that we may deem, in our sole and reasonable discretion, poses a potential risk to any LEGACY ISP, LLC Network and/or to other subscribers. 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 subscriber connections, including but not limited to Wi-Fi connections, that are harmful or are commonly used to disrupt the normal use of any LEGACY ISP, LLC Network or use by other subscribers, we will attempt to notify the subscriber 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 subscriber 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 any LEGACY ISP, LLC Network or to other subscribers, or may expose us to potential legal liability.
II. PERFORMANCE CHARACTERISTICS AND COMMERCIAL TERMS
Specific service fees and rates for an individual subscriber are set forth in the subscriber’s email confirmation of sale, invoice and Customer Portal page. Various information regarding our Services, including additions, changes or modifications are also publicized on the LEGACY ISP, LLC Web site at https://www.legacyinternet.com.
A. Service Description and Terms: Links to a current description of the categories of Internet access service offered to residential and business subscribers are available below, including service terms, expected and actual access speed and latency, and the suitability of the service for real-time applications. The service terms of our Services are subject to change at any time:
I. Residential Services – Broadband Internet Terms and Conditions of Service
II. Business Services – Broadband Internet Terms and Conditions of Service
B. Service Pricing and Fees: Links to the current rate pricing and additional fees for Internet access service offered to residential and business subscribers are available below. LEGACY ISP, LLC offers a range of service plans and special promotions that may affect this pricing and the pricing for our Services are subject to change at any time:
I. Standard Rate Pricing for Internet Service
C. Usage Metering: LEGACY ISP, LLC subscriptions include an unlimited amount of monthly Internet data usage (up and down transfer) as specified in each subscriber’s service plan.
D. Network Speeds: LEGACY ISP, LLC offers a range of download speeds to residential subscribers varying from 5 Mbps to 20 Mbps. The network is designed to support these speeds to help ensure that every subscriber receives the speeds to which they have subscribed. LEGACY ISP, LLC however cannot guarantee speeds at all times, as there are many factors and conditions beyond LEGACY ISP, LLC’s control that can affect Internet performance. Some of these external factors and conditions are:
• I. Performance of subscriber computer and/or router.
• II. Type of connection to LEGACY ISP, LLC Customer Premise Equipment (i.e., WiFi).
• III. Congestion of web sites and services on Internet.
• IV. Web site or service limiting speeds on the Internet.
• V. Internet and equipment performance outside of the LEGACY ISP, LLC Network
LEGACY ISP, LLC Internet packages 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.
LEGACY ISP, LLC provides a Speed Test for our subscribers to use. While the test results on this site provide information regarding service speeds, they are not definitive as they are highly dependent on equipment and configuration found in the home network. Additional information regarding subscriber experience across LEGACY ISP, LLC Internet Plans can be found at our FAQ page under the support tab. This page displays mean subscriber speeds and latency information by Internet plan. Subscriber speed tests are collected from the LEGACY ISP, LLC Speed Test servers identified above. These results are calculated by averaging all subscriber speed tests and latency, by plan, at peak periods of usage. Peak periods of usage are defined as 7:00 pm to 11:00 pm on weeknights.
E. Impact of Non-Broadband Internet Access Service Data Services (also known as “Specialized Services”): LEGACY ISP, LLC does not offer Specialized Services to subscribers that will affect the last-mile capacity available for, and the performance of, our broadband Internet access Service offering.
F. Acceptable Use: As set forth in the Service Agreement, all of LEGACY ISP, LLC’s service offerings are subject to the Acceptable Use Policies (“AUP”) section of the Service Agreement, which we may from time to time establish or revise. The AUP is available here.
H. Redress Options: LEGACY ISP, LLC endeavors to respond to all subscriber concerns and complaints in a timely and fair manner. We encourage subscribers to contact us at 866-866-9986, or firstname.lastname@example.org, or U.S. postal mail to discuss any complaints or concerns as they LEGACY ISP, LLC. Our postal address is 791 N Hwy 77 501c-110, Waxahachie, Texas 75165, Attention: Customer Support.
I. Disputes and Arbitration: The Service Agreement requires the use of arbitration to resolve disputes and otherwise limits the remedies available to subscribers 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 subscriber believes that we are not in compliance with the FCC’s rules, the subscriber may file an informal complaint with the FCC. The FCC urges subscribers to submit any complaints via its website at the following address: https://consumercomplaints.fcc.gov/hc/en-us.
IV. ADDITIONAL DISCLAIMERS