General Policy Statement:
The following policies apply to mass market broadband Internet services offered by Falcon1. Customers are encouraged to familiarize themselves with the following policies which are deemed part of their Service Agreement. By using Falcon1’s Internet service, customer accepts and agrees to be bound by these policies. In doing so, customer further agrees that customer is solely responsible for compliance with these terms by third parties, such as friends and family members, who may use customer’s service, with or without permission, to access the broadband network.
Falcon1’s policy is to provide reliable access to the Internet for all of its customers in a manner that does not unduly discriminate. As used in this document, customer refers to residential and small business users (i.e., mass market) and is differentiated from enterprise users who tend to be larger business with specialized broadband and IT needs. Enterprise level services that are custom tailored to a specific project and individually priced based on the needs and criteria established by the enterprise customer may be governed by other use policies and agreements specific to that enterprise user.
Falcon1 does not block access to, nor discriminate against, any lawful website or Internet application and, with respect to broadband Internet access services, supports the ability of users to select and attach the equipment of their choice to the network so long as that equipment: (i) is used for a lawful purpose consistent with Falcon1’s Acceptable Use Policy; and (ii) does not harm the network or degrade network performance for other users.
Falcon1 provides services via Digital Subscriber Line and fixed wireless technologies. A description of services availability including terms and conditions and prices may be found at Internet. While some broadband services may be less suitable than others for specific applications, Falcon1’s services are generally capable of supporting gaming, web surfing, and most streaming video applications.
Falcon1 manages its network to minimize or avoid blockage and congestion, which may slow down actual speeds experienced by customers particularly at peak periods in which network utilization is highest. In the event of network congestion, Falcon1 does not prioritize performance within mass market services based on either tier of service purchased or volume of data exchanged however some enterprise customers may receive higher prioritization based on the terms of its service.
Falcon1 provisions its customers’ modems and engineers its network to ensure that its customers can enjoy the speeds to which they subscribe. However, Falcon1 does not guarantee that a customer will actually achieve those speeds at all times. Falcon1 advertises its speeds as ‘up to’ a specific level based on the tier of service to which a customer subscribes.
The actual speed that a customer will experience while using the Internet depends upon a variety of conditions, many of which are beyond the control of Falcon1. These conditions include but are not limited to i) performance of a customer’s broadband device, including its age, processing capability, its operating system, the number of applications running simultaneously, and the presence of any adware and viruses; ii) type of connection between a customer’s computer and modem. For example, wireless
connections may be slower than direct connections into a router or modem. iii) the distance packets travel (round trip time of packets) between a customer’s computer and its final destination on the Internet; iv) Congestion or high usage levels at the website or destination; and v) gating of speeds or access by the website or destination deployed by the site owners to manage traffic or performance.
There are publically available speed tests that measure Internet performance. All speed tests have biases and flaws and each of these tests measures limited aspects of an ISP’s speed and therefore must be seen as a guide rather than definitive measurements of performance.
Falcon1 utilizes a redundant network architecture that is designed to meet users demand at peak periods. Falcon1 deploys generally accepted technical measures to provide acceptable service levels to all customers, such as application-neutral bandwidth allocation, as well as measures to address service attacks, illegal content and other harmful activities as necessary to protect network integrity and reliability. In doing so, we follow standard best efforts for Internet delivery with respect to allocation of capacity without differentiation among applications, providers, or sources. As described further in our Acceptable Use Policy, in Falcon1 reserves the right to prioritize traffic applications during heavy congestion periods based on generally accepted technical measures that do not unduly discriminate based on site nature or content.
Falcon1 utilizes standard industry practices for safeguarding children, intellectual property rights and customers’ privacy and security. Falcon1 complies with applicable laws and regulations, including the Children’s Online Privacy Protection Act, which requires the consent of a parent or guardian for the collection of personally identifiable information from children under 13 as well as the Online Copyright Infringement Liability Limitations Act, a portion of the Digital Millennium Copyright Act that allows Internet service providers to remove or disconnect customer access to copyright infringing material.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent:
Attn: Paula McGraw
10717 Stare Route 139 – PO Box 181
Minford, OH 45653
Falcon1 does not collect information about customer use of Falcon1 products and services for the purpose of allowing or disallowing service availabilities. Any information of internet usage collected by Falcon1 is collected for the purpose of maintaining the integrity and service functionality of the network. Such information may also be used determine compliance with applicable AUP and Service Agreements. This information is solely for the internal use of Falcon1 and will not be released to any third party except as required by law.
Falcon1 may measure and monitor network performance and the performance of customers Internet connection to improve and maintain service levels. If contacted for service support, Falcon1 may access information about computers, wireless devices or other device settings deployed by customer to provide customized technical support or to install specific applications or services as may be required to provide such support to customer.
Please note that Falcon1 is not responsible for information, content, applications or services provided by others.
Subject to the terms of Falcon1’s Acceptable Use Policy and service agreements, customers may generally attach the devices of their choice and run the applications of their choice, subject to the limitations of their data plan. While many devices such as routers, Bluetooth and WiFi cards, laptops, notebooks and tablets are readily available from third party sources, such as consumer electronics retailers, other devices, such as DSL modems, proprietary network gateways must be provided by or leased from Falcon1. Falcon1 is not responsible for the compatibility, suitability or functionality of any equipment that is provided by the customer or any third party, and the customer remains fully responsible for ensuring that any such equipment does not cause any harm to the network or degrade the service of other users.
III. COMMERCIAL TERMS
Available services, terms and conditions, restrictions, limitations and service prices for Falcon1 broadband network access services may be found via Internet
Important additional terms regarding the use of service can be found in our Acceptable Use Policy. The AUP outlines the following: (i) prohibited uses and activities; (ii) customer conduct and features of the service; (iii) actions deemed to be a violation of the AUP and penalties for such violations; and (iv) intellectual property, copyright and Digital Millennium Copyright Act (DMCA) requirements, including designated agent information required for the ISP to qualify for the liability protections afforded ISPs by the DMCA.
Any questions, problems, or concerns about Falcon1 service by customers, potential customers, or application or site providers can be addressed to Falcon1:
Attn: Paula McGraw
10717 State Route 139
PO Box 181
Minford, OH 45653
Internet Department 740-820-2109
When contacting Falcon1 please provide as much information as possible including dates, times, user names, and specific terms associated with the reported issue. Falcon1 may require an email or phone number to respond should we not have an immediate response to the reported issue not be feasible.