Fair Access Policy

At MountainMesh, 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.

MountainMesh estimates that a small percent of customers account for a disproportionate share of data usage on the MountainMesh network. To ensure that all MountainMesh customers have equitable access to the MountainMesh network, MountainMesh has implemented a Fair Access Policy (the "FAP"). MountainMesh sets usage thresholds on the amount of data you can upload and download within stated time periods. If you exceed these thresholds, MountainMesh will temporarily limit the speed at which you can send and receive data over the MountainMesh access network. You will still be able to use the MountainMesh 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. MountainMesh may use other traffic management and prioritization tools to help ensure equitable access to the MountainMesh network for all customers. Your MountainMesh 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 (the "Actual Usage") to determine if your total Actual Usage, as aggregated over the previous 30 days (the "Usage Totals"), exceeds the Usage Threshold for the service plan that you selected.

If at any time your Usage Total is above the Usage Threshold, your usage has violated the FAP and you will be sent an email warning of the violation. You must reduce your Usage Total for the next month or be subject to an increase of your monthly service charge to the plan under which your usage falls, i.e. if your Usage Total is at the Pro Plan level and you are on the Value Plan, then you will be charged at the Pro Plan price for that month.

Failure to decrease your usage may result in MountainMesh erminating your Customer Agreement. Please see the MountainMesh 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 you are in violation. 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.

 

MountainMesh FAP Monthly Usage Thresholds

 

Value Plan

Pro Plan

Premier Plan

Upload Threshold (MB) 1

1500

2000

3300

Download Threshold (MB) 2

6,000

7,000

10,000

 

1

Upload Threshold is the volume of data that can be uploaded during the previous 30 days before the Fair Access Policy restrictions apply.

2

Download Threshold is the volume of data that can be downloaded during the previous 30 days before the Fair Access Policy restrictions apply.

These terms and conditions state important requirements regarding your use of MountainMeshıs High-speed Internet service and your relationship with MountainMesh. 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 many not use the service and, subject to the terms of your Customer Agreement, you must terminate your service immediately.

MountainMesh may revise this Fair Access Policy from time to time without notice by posting a new version of this document on MountainMesh.com, MountainMesh.net or any successor URL(s). All revised copies of the Policy are effective immediately upon posting. Accordingly, customers and users of MountainMeshıs High-speed Internet service should regularly visit these web sites. Questions regarding this FAP and complaints of violations of it by MountainMesh customers and users can be directed to MountainMesh via ³Help² email obtainable at MountainMesh.net.