Legal Statement
OPEN INTERNET POLICY OF CYPRESS COMMUNICATIONS, LLC;
CYPRESS COMMUNICATIONS OPERATING COMPANY, LLC;
WWW.CYPRESSCOM.NET
(COLLECTIVELY CYPRESS)
Cypress supports the belief that the Internet is an open platform that enables consumer choice, freedom of expression, end-user control, competition and the freedom to innovate without permission. In the interests of preserving the foregoing, the following information regarding Cypress’s broadband Internet services (“Cypress Services”) and practices is provided for the convenience of our current and prospective customers. Specifically, this policy and the information provided enable our end users to make informed choices regarding the use of such services and to understand the capabilities of broadband services.
This information is also provided for content, application, service, and device providers to develop, market, and maintain Internet offerings.
Cypress Services are currently governed by its Acceptable Use Policy (“AUP”). Cypress’s AUP is available on its website located at: http://cypresscom.net/acceptable-use-policy/. This Open Internet Policy is used in conjunction with Cypress’s AUP.
Network Practices
Congestion Management: It’s important to note that Cypress manages its network to ensure that all of its customers have a great online experience. The Internet is changing all of our lives and we want our customers to enjoy all that it has to offer. For more than twenty-five years, Cypress has been at the forefront of bringing the Internet into our customers’ homes and has invested in a high-capacity advanced network that is fast, safe, reliable and affordable.
Like any other Internet service provider, we manage our network for many reasons including growing, upgrading and optimizing the network; removing spam, viruses and malicious content; and managing network traffic congestion when it occurs. While congestion is not the normal state of any network, when it happens, it can be frustrating.
Because Cypress values its customers’ freedom to use the Internet and the Cypress Services, so long as an end user complies with the terms and conditions of Cypress’s AUP, Cypress will not actively manage any particular types of traffic. All traffic that is transmitted using the Cypress Services is treated equally and without prejudice.
Examples of types of traffic that violate the Cypress AUP include but are not limited to data that involve:
- Theft or infringement of copyrights, trademarks, trade secrets or other types of intellectual property
- Fraud, forgery, theft, or misappropriation of funds, credit cards or personal information
- Threats of physical harm or harassment
- Distribution of obscene, pornographic, indecent or hateful materials
- Distribution of defamatory or libelous materials
- Activities that cause harm to minors
The occurrence of any of the above acts would cause Cypress to intervene and manage the end user’s traffic. The above list is not exhaustive and an end user should refer to the Cypress AUP for a full list and description of all traffic and activities that are not permitted.
Application-Specific Behavior: There are certain times in which a provider must block or rate-control specific protocols or protocol parts, modify protocol fields in ways not prescribed by the protocol standard, or otherwise inhibit or favor certain applications or classes of applications. As with our approach towards congestion management, so long as an end user complies with the terms and conditions of our AUP, Cypress will not block or rate-control any protocols or otherwise limit such applications in any way.
Device Attachment Rules: Certain providers find it necessary to either place restrictions on or create approval procedures for the types of devices that may connect to its network. Cypress takes a neutral stance on device attachment to our network and does not place any restrictions so long as our AUP is not violated.
Security: Cypress goes to great lengths to ensure end-user security and the security of its network. Those practices are set forth in detail in Cypress’s AUP.
Performance Characteristics
Service Description: Cypress offers its customers Internet access that is delivered via the following network facilities and options:
- Redundant Tier-1 connections at our co-location facility.
- Symmetrical uploads and downloads.
- No distance limitations, cable constraints or other catches.
- Access can be purchased on a standalone basis or in conjunction with other managed voice services including GO!VBX and C4.
C1 Data offers features and speeds as follows:
- Available in select Cypress buildings via a managed in-building data platform.
- Premium access at maximum value.
- Speeds from 768 kbps to 3 Mbps. Higher speeds may be available.
- On-demand bandwidth accommodates changing business needs.
- 1 public static IP address.
GO!Broadband offers features and speeds as follows:
- Private and Internet access options.
- Dedicated access service delivered via an included, managed router.
- Access speeds from 1.5 to 45 Mbps, or more.
Impact of Specialized Services: There are no specialized services offered to our broadband Internet end users.
Commercial Terms
Pricing: Cypress strongly believes in a customer’s easy access to service pricing. The below is a sample list of charges for our current broadband services:
- In a building/campus where Cypress has a shared data platform and thus where C1 Data is available, our rate per month is $100 per MB.
- $300 per MB per month ($450 per T1) for C4 IP® which rate includes the managed router, LAN switch(es) and UPS device from Cypress
While we never want to see a customer leave Cypress early, unfortunately there are times when we must charge our customers an early termination fee. For Cypress Services, those fees are as follow:
- Any amounts that are past due and payable by a customer for Cypress Services, plus
- Any installation charge that was waived by Cypress at the time of installation, plus
- The MMTRC under the applicable service order multiplied by the number of months remaining had such service order not been terminated early. The MMTRC is set per the SOF and is 85% of a customer’s total MRCs. (For a full explanation of Cypress’s early termination fees, please refer to a full copy of its Master Terms and Conditions located at http://cypresscom.net/terms-and-conditions/.)
Privacy Policies: Any and all of Cypress’s privacy policies as it relates to an end user’s use of the Cypress Services are fully explained in its Privacy Policy which is located at http://cypresscom.net/privacy-policy/.
Redress Options: Cypress takes great pride in providing its customers with the best broadband Internet experience possible. However, there are times when a dispute may arise. To ensure all of our customers’ complaints and questions are promptly received, processed and responded to, Cypress has set forth dispute resolution provisions in both its AUP and service agreements and orders.
