At WildBlue, our goal is to give each of
our customers the fastest service possible at the lowest possible price.
We are always striving to develop programs and policies that help make
that possible. Our Fair Access Policy is designed to impact the fewest
customers while helping ensure the best speeds for the vast majority of
our customers.
WildBlue estimates 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. In cases of extreme
and continued violation of the FAP limitations, your service may be
terminated. 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). Once your speeds have been reduced, you must
decrease your usage to bring your Usage Total to 80% or less than 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.
Failure to decrease your usage to 80% or less of the Usage Threshold by
the following calendar month and each consecutive calendar month
thereafter will constitute another FAP violation. If you violate the FAP
in four consecutive months or at least once 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 -- WildBlue may
terminate your Customer Agreement. Please see the WildBlue Customer
Agreement for termination provisions, including applicable fees.
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.
