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.


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


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


▪ 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


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


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


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.




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


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.