Rally Networks Open Internet Policy
RALLY NETWORKS adopts this Open Internet Policy to promote the Internet as an open platform
enabling customer choice, freedom of expression, end-user control, competition, and the freedom
to innovate without permission.
In this document, the terms “you” and “your” refer to customers of Rally Networks’ Internet
Access Service. The terms “we” and “our” refer to Rally Networks (hereafter RALLY NETWORKS)
Internet Access Service.
Definitions
Service – Internet access purchased from RALLY NETWORKS. This includes connectivity from
your equipment at your premises to the Internet equipment at RALLY NETWORKS’ office,
connection of RALLY NETWORKS’ equipment to the Internet, and RALLY NETWORKS’ equipment
that is used to route and manage your traffic to and from the Internet and to provide you with
services such as e-mail, web surfing, file transfer, Internet video, and others.
Bandwidth – The amount of data per second. This may be thought of as the “pipe” that carries
Internet traffic.
Bandwidth capacity is the amount of bandwidth that we or another network provider makes
available for your use, such as the amount of data that can be sent over a wire or fiber optic
system.
Bandwidth demand is the amount of bandwidth that a customer wants to use.
Congestion – A situation where the total bandwidth demand (in bits of information per second)
on a component of the Internet, including on any part of our network, exceeds the bandwidth
capacity of that component to such an extent that traffic flow and service experiences
degradation. Congestion is usually of a transitory nature, however, in some cases, such as an
extremely popular website, it may last for a significant period.
Degradation of Service – Less than optimal performance of Internet services. This may appear to
you as slow response on web sites and e-mail or distorted or frozen video.
Nominal Bandwidth – The bandwidth of the service package you purchase. This is your
maximum allowed bandwidth.
Basic Policies
No Impairment or Delay; No Discrimination: RALLY NETWORKS does not:
▪ Discriminate among specific uses, or class of uses, of its network
▪ Impair, degrade or delay VoIP applications or services that compete with its voice
services or those of its affiliates
▪ Impair, degrade, delay or otherwise inhibit access by customers to lawful content,
applications, services or non-harmful devices
▪ Impair free expression by actions such as slowing traffic from particular web sites or
blogs
▪ Demand pay-for-priority or similar arrangements that directly or indirectly favor some
traffic over other traffic
▪ Prioritize its own application, services or devices or those of its affiliates
No Blocking: RALLY NETWORKS does not block lawful content, applications, services, or nonharmful devices, subject to reasonable network management. Network management practices are
set forth below.F
Use of Network: In no case will RALLY NETWORKS discriminate among customers on the basis of
the type of content, applications, services or devices which the customer uses.
Terms of Service and Network Management Practices
The bandwidth you purchase (your service package or nominal bandwidth) is the MAXIMUM
bandwidth available to you. It is not a guaranteed bandwidth. RALLY NETWORKS will make its
best effort to transmit your data in a timely fashion, however, RALLY NETWORKS does not
guarantee you that you will be able to use your entire nominal bandwidth at any given time. This
is referred to as “best effort” service.
RALLY NETWORKS strives to make your total nominal bandwidth available for you to use within
our network. RALLY NETWORKS cannot control bandwidth available, congestion, or service
quality on those parts of the Internet beyond our network.
When other customers use our network, you may not be able to use your maximum nominal
bandwidth because all customers share total bandwidth capacity at some points on our network
and on the Internet. If the bandwidth demand of all customers at that network location exceeds
the bandwidth capacity provided, you may not be able to use your entire nominal bandwidth. All
services are “shared services” used by many customers.
We size our Internet services by the bandwidth of all our customers, including your service,
based on best-of-breed engineering practices. Service is provided equally to all customers, and
every customer’s data has an equal chance to be served.
On a downstream basis (Internet to customer), service is provided equally to all customers,
Internet services, protocols, and sources or destinations on the Internet such as websites, e-mail
servers, etc.
Due to limited bandwidth capacity on an upstream basis (customer to Internet), service is
provided equally to all customers, protocols, and sources or destinations on the Internet such as
websites, e-mail servers, etc. except that service types are prioritized to provide the best service
possible to all customers. We prioritize services with streaming video being the highest priority,
then web browsing, then all other services. Service is not prioritized by customer or source or
destination on the Internet. No services, protocols, or legal sources and destinations on the
Internet are blocked under any circumstances. Any effects on service may only be noticeable in
times of significant congestion.
RALLY NETWORKS may block any service, protocol, source, or destination that
RALLY NETWORKS determines to be illegal or a threat to life, property, or national security,
or if ordered to block or otherwise modify your data by law enforcement agencies.
At this time, RALLY NETWORKS does not implement network management techniques when
congestion occurs. However, in times of congestion on RALLY NETWORKS’ network,
RALLY NETWORKS may, at its sole discretion, implement reasonable network management
techniques to protect the services of all of RALLY NETWORKS’ customers so that each customer
has adequate service quality. RALLY NETWORKS may implement network management if
degradation of service is caused by congestion on portions of the Internet outside of
RALLY NETWORKS’ network. RALLY NETWORKS will notify our customers on this website of
changes to our network management policy.
Devices & Software that may use RALLY NETWORKS’ Internet Access Service
There are no restrictions on types of devices you may connect to RALLY NETWORKS’ network
other than that they must be approved by the Federal Communications Commission (FCC) for
use in the US telecommunications network. You may not connect any equipment to
RALLY NETWORKS’ network that is not approved by the FCC. Most commercially available
equipment such as modems, routers, and PCs are approved. All equipment approved by the FCC
will have a label stating that it is approved and what the type of the approval is. This information
is also found in the user’s manual or printed instructions that are provided with the equipment
and may be found online at the manufacturer’s website. You should read this label whenever
you buy any equipment you wish to connect to RALLY NETWORKS’ network. If you have
questions about any particular equipment, please call us at 844-RALLYNET.
RALLY NETWORKS’ Internet access service is designed to function with accepted industry
standard interface software such as provided by Microsoft, Apple, and others. If you use a type
of software not widely used in the worldwide Internet, you may experience some problems with
compatibility between your software and RALLY NETWORKS’ Internet access service. If you have
any questions, please call us on 844-RALLYNET, and we will try to help you resolve this
problem. It is the customer’s responsibility to assure that their software and operating interfaces
conform to industry accepted specifications.
Network Security
RALLY NETWORKS uses reasonably available practices to maintain integrity and security of its
network. This may include security protections that interfere with some types of customer traffic.
If you believe your services are being disrupted by our security systems, please contact us on
844-RALLYNET.
RALLY NETWORKS provides a level of protection for your computers from spam, viruses, and
other malicious or unwanted items. While RALLY NETWORKS strives to provide the best
protection possible for your computer, we make no guarantees that we can prevent any or all
malicious or unwanted items from accessing your computer. It is the customer’s responsibility
to protect their computers and other devices from unwanted or harmful items. It is very strongly
recommended that you provide your own virus, ransomware and malware protection, spam
filtering, and firewall software, solutions are available on the RALLY NETWORKS website.
Terms and Conditions of Use
The Terms and Conditions of Use and Acceptable Use Policy can be found on RALLY NETWORKS website.
Performance Characteristics
RALLY NETWORKS offers the following Internet access services. Pricing may be found at
rallynet.us.
In most cases, RALLY NETWORKS offers packages from 1 mbps to 50 mbps download speed and 1
mbps to 10 mbps upload speed over fiber and copper facilities. Actual speeds that are achieved
may depend upon type of facility available, number of consumers using the service and other
factors.
Latency is not a significant issue with any of the packages offered by RALLY NETWORKS.
However, actual access speeds and delay times or latency are impacted by the length, capacity
and congestion of transport facilities purchased by RALLY NETWORKS from third party providers.
RALLY NETWORKS cannot guarantee that it will be able to obtain capacity from these third party
providers at commercially reasonable prices if and when additional third party capacity is needed
to reach Internet nodes.
RALLY NETWORKS’s ability to deliver the speeds set forth above may be affected by significant
use of specialized services such as Internet-based video services. This is a growing area and its
effect on RALLY NETWORKS’ ability to provide service at the speeds listed above are unknown at
this time.
Subject to network management considerations, RALLY NETWORKS does not impose data caps.
RALLY NETWORKS DOES NOT COLLECT, STORE OR USE TRAFFIC INFORMATION TO
PROFILE ITS CUSTOMERS IN ORDER TO SELL ADDITIONAL SERVICES TO THEM OR
FOR NON-NETWORK MANAGEMENT PURPOSES.
Contact Us/Complaints
There are additional considerations regarding Internet security related to RALLY NETWORKS’
Internet access service. Call our office at 844-RALLYNET for a copy of our Acceptable Use
Policy.
If a customer has complaints about the service, they are urged to contact us at 844-RALLYNET.
A customer always has the right to file a complaint with the Federal Communications
Commission at www.fcc.gov. If you feel you are a victim of identity theft, you should contact
the Federal Trade Commission at IdentityTheft.gov.
Reservation of Rights/Amendments
In the event of any conflict between material found on other links on RALLY NETWORKS’ web site
and this Open Internet Policy, the more specific terms at the other links shall control.
RALLY NETWORKS may modify this Policy and other policies it has linked for the customer from
time to time at its discretion. Notice of such changes will be posted on this web site. However,
individual notice to customers, content providers, application providers, service providers or
device providers by any means whatsoever shall not be provided unless specifically required to
by federal or state law. Notice of changes will be provided in advance normally upon a thirty day
basis. However, RALLY NETWORKS reserves the right to use a shorter notice period when circumstances so warrant.