OPEN INTERNET DISCLOSURE STATEMENT

Invisimax, Inc. (“we” or “our”) provides the following disclosure regarding our network management practices, the performance and commercial terms of our broadband Internet access service. This disclosure is provided to all 1) customers to make informed choices regarding their use of our services and 2) content, application, service and device providers to develop, market and maintain Internet offerings.

 

Our Service and Performance

We use a variety of licensed and unlicensed wireless technologies to deliver broadband Internet access service to customers. Unlicensed spectrum such as ours is shared among multiple users and technologies, and no single user can control or assure access to the spectrum.

Based on internal testing, a user’s expected and actual access speed and latency will vary based on network conditions, congestion, other users on the network, the number of devices attached to an access point and other factors. Maximum speeds will be limited by factors such as distance, weather, terrain and other factors, as well as in accordance with our congestion management practices as described below. Expected speeds are specific to the packages that our customers subscribe to, and these packages are described in detail on our website. We make our best efforts to provide these speeds. Absent a significant service disruption, our typical latency is less than 30 ms and is typically 10-20 ms. Our service is suitable for real-time web applications.

 

Congestion Management Practices

Providing quality broadband service requires that we take steps to provide reasonable management of our network(s). Currently we use Solar Winds software as our NPM (network performance measurement) tool. Subject to reasonable network management, we do not block lawful content, applications, services or non-harmful devices, nor do we unreasonably discriminate in transmitting lawful network traffic over a consumer’s broadband Internet access subject to our reasonable network management.

The purposes for such management are to handle congestion, maintain the integrity of our network and to help ensure that users do not harm the experience of others.

We do not have in place practices designed to reduce or eliminate congestion on our networks except that we manage congestion issues (for example, overloaded access points) on a case-by-case basis. Multiple users share upstream and downstream bandwidth on our networks, and we apply congestion management techniques when users place a disproportionate demand on this bandwidth and on the capabilities of our network, thus potentially degrading the experience of other users.

Our congestion management techniques are triggered on a portion of our networks when our monitoring software (located in our network routers) notifies us that users have reached the limits of the speed tier for which they are subscribing. If we see latency issues across the network, we may determine that congestion is causing issues with the traffic. No specific types of traffic are subject to these practices. In many cases, the end user’s experience is unaffected, although in some instances customers may experience degraded performance depending on the user’s connection, such as slower speeds in downloads and other indicators.

We do not rate control any protocols or protocol ports; however to combat spam, viruses and other malicious content, we engage in very limited port blocking and firewalling. We neither inhibit nor favor certain applications or classes of applications, but we reserve the right to revisit the matter in the future – for example, if we decide to offer a voice product. We have certain limitations on private IP addresses. In accordance with our standard Customer Agreement, our network is to be used for the following purposes: Occasional Downloads, Web page browsing, Email, Game playing, Occasional streaming media, Voice over IP, Chat, video conferencing. Our customers are prohibited from engaging in certain uses because they may overload our system and may prevent regular users from have reliable performance. These unacceptable uses include: frequent downloads of large files (generally at least 5 Megs), the use of automatic download programs or streaming media applications for extended periods, use of servers without our consent and sharing our broadband Internet service with third parties. We reserve the right to disconnect any customer who refuses to comply with our use policy.

We have no restrictions on the types of devices and any approval procedures for devices to connect to our network.

We take seriously our commitment to security of our network and of service to end users. To advance this goal, we engage in practices used to facilitate such security. For example, our collocated central equipment is secured by gated property and may only be accessed by authorized individuals. Routers have encryption and strong password protection commensurate with 802.11 and 802.16 standards. Our customer agreement also prohibits actions or activities that would compromise the security of our network and the privacy of our users.

 

Commercial Terms

Information about our pricing terms is available here: residential (http://www.invisimax.com/services/internet-services/max-residential/) and business (http://www.invisimax.com/services/internet-services/max-business/). We have no usage-based fees, but we reserve the right to revisit our pricing in the future. We charge no fees for early termination. Instead, our service is provided on a month-to-month basis. As set forth on our website, we charge fees for additional network services such as hosting (web, email, DNS), real-world IP addresses and other services. We do not allow private web servers or email servers without purchasing the right (package) to host them.

Our service involves the inspection of network traffic to a limited extent. While we do not inspect the contents of customers’ emails or the content of websites that customers visit, we can identify traffic as email or web and we also use data to help us diagnose network issues. We do not store or provide such traffic information to third parties. If you have questions or complaints about our service, our contact information may be found here: http://www.invisimax.com/contact/. We maintain a toll-free telephone number and a call service center. Customer service technicians are available from 7 a.m. to 6 p.m. Monday through Friday and from 7 a.m. to noon on Saturdays. We also maintain an answering service for calls made outside of these regular hours. We make best efforts to address concerns as quickly as possible.

We reserve the right to make changes to our Open Internet policies. These changes will take effect when posted on our website.

Last modified: November 18th, 2011