Open Internet Disclosure/Fair Usage Policy

NE Colorado Cellular, Inc. d/b/a Viaero Wireless (“Viaero”) is committed to providing all of its consumers with the best online experience possible. In compliance with the FCC’s Open Internet Order, Viaero does not block end users from accessing lawful websites, content, applications, services, or non-harmful devices. Further Viaero does not discriminate or impose any competitive restrictions in the transmission of lawful network traffic and will not throttle or slow internet traffic based on its source or content.

Acceptable Uses

Viaero permits use of broadband services for browsing the Internet (via Viaero phones or devices, including Viaero home routers), accessing software applications, using email, downloading legally permissible content, accessing and using corporate email and/or corporate business applications associated with its consumers places of employment.

Viaero prohibits any use that is: unlawful, harmful to or would cause interference with the use of Viaero’s network, or the network of another provider, infringes on intellectual property rights, or is a security risk, or where such use would result in a violation of privacy laws, inappropriate interactions with minors (including child pornography), or use that threatens the health and safety of others through threatening material or content, or adversely or excessively interferes with one or more other consumer’s use of the Viaero network.

Viaero Wireless currently defines excessive use as any single line of service that exceeds the amount and type of data purchased by that consumer during each billing cycle or rolling usage period. Exceeding the amount or type of data purchased by a consumer in any given billing cycle will result in excessive use charges (overages) being applied to the Subscribers bill and/or a reduction in data speed.

It shall be the customer’s sole responsibility for the content of any material posted, hosted, downloaded/uploaded, created, accessed, or transmitted using the Viaero internet services. Viaero has no responsibility for any material created by a customer while using the Viaero network or accessible using IP Services. Customers are responsible for taking prompt corrective action to remedy a violation of the Acceptable Uses, and to help prevent similar future violations. Failure to remedy to promptly correct such actions may result in suspension or termination of service.

Security Measures

Viaero does not block data or applications for access by consumers. This includes potentially harmful malware/spyware/viruses. Consumers are advised to utilize their own internet security software to mitigate such risks.

Performance Characteristics

Many factors affect the speed and performance that consumers may experience, including the applications running on the device, proximity to a cell site, the capacity of the cell site, the surrounding terrain, use inside of a building or a moving vehicle, radio frequency interference, how many other consumers are attempting to use the same spectrum resources, the high-speed data allotment and other features of your data plan, or data usage by other consumers at the same time in the area.

Consumer devices also have varying speed capabilities and may connect to different networks depending on technology. Network changes, traffic volume, outages, technical limitations, signal strength, obstructions, weather, and other conditions may impact speeds and service availability.

Speed

The term “speed” is used to describe the rate at which a particular broadband Internet access service can transmit data. The speed is measured in the number of kilobits or megabits transmitted in one second (Kbps or Mbps). While some applications or the basic web browsing do not typically require high-speed to function properly, there may be other applications like video streaming, gaming, or transferring large data files that may require higher data speeds.

Viaero offers different broadband internet packages, based on different technologies and wireless frequencies, which will have different speeds on the Viaero wireless network vs. the Viaero fiber connection offerings.

**Your speed range will depend on your device as well as the technology described above, as well as the high-speed data allotments associated with the data plan you have selected. Other factors that may cause the service to fluctuate include situations where you the cell site you are connected to is experiencing high demand of use or congestion. Once the congestion on the cell site is removed, or you connect to a different tower site, your speed will return to normal. Viaero may also be required to reduce the speeds available to consumers on a temporary basis in order to manage the network performance, as more specifically described in the Network Management section.

Please see each Service Plan for the applicable price, speed, and data packages.

Latency

Latency is usually expressed as the round-trip time in milliseconds (“ms”) that it takes for a data packet to travel between two end points on the Internet (from Point A to Point B and then back to Point A).

Network Management

Viaero is consistently evaluating its network for areas to improve the overall customer experience. Our team of engineers have designed the network to provide quality high-speed data services, but there may be situations where the number of consumers using the network exceeds available network resources, or other factors that may result in a degradation of service where consumers may experience reduced data speeds. In order for all of our customers to receive the best internet experience, Viaero has implemented the following network management practices, which are applied on a content neutral basis.

Viaero offers a number of different data allotment service plans, which the consumer may select from when signing up for service. While Unlimited data consumers do not have a specific data allotment, there may still be circumstances where network management is still required due to the heavy data usage by consumers at certain times and places where there may be competing network demands, which can affect the network performance for all consumers.

Viaero has deploy streaming video optimization technology throughout its network, which are set forth in each Service Plan. This technology is intended to manage data usage on the network, reduce the risk of streaming video stalling and buffering, and reduce the amount of high-speed data consumption used for streaming video. Streaming video optimization improves reliability and allows users to enjoy higher browsing speeds. The streaming video optimization process is agnostic as to the streaming video content itself and to the website that provides it. While most changes to streaming video files are likely to be indiscernible, the optimization process may minimally impact the appearance of the streaming video as displayed on a user’s device.

To provide the best possible experience for its consumers, and to minimize capacity issues and limit network degradation and overall network performance, when the network or any portion thereof becomes congested, any consumers in the affected area may experience slower speeds without regard to prioritization. Consumers who use data in violation of their plan or Viaero’s Terms and Conditions may experience slower data speeds, and Viaero may restrict your data session, suspend your service, or in certain circumstances terminate your service.

The Unlimited data plans on mobile devices may be used for smartphone mobile hot spot (tethering). After the daily limit of mobile hot spot or tethering data is used, tethering speed is slowed for the rest of that day. Depending on the capability of your device, tethering your device to other lawful devices is permitted pursuant to the terms, conditions, and allotments of your Data Plan; provided, however, the data is to be used for the consumer and not provided to any third parties. Data used through a consumer’s device by third parties will only be traceable to the consumer’s device, and as such consumer’s data allotments will be reached sooner, possibly resulting in overages or slower speeds.

Subject to Network Management practices, Viaero does not block or throttle legal content, services, devices or applications, and is content/application neutral. We do not engage in paid prioritization of any content, nor do we regulate our network on the basis of content.

Device Restrictions

All phones and devices that connect consumers to Viaero’s network must be compatible with Viaero’s network (due to network parameters in the device). Please contact Customer Care at (877) 484-2376 to learn more about the many specific devices that are approved for use on Viaero’s network. Devices not approved by Viaero for use on our network, which are found to cause network interference or degradation to the service of others, may be suspended or terminated.

Broadband Labels

Broadband Facts (CSV)

Contact Information

Consumers may access our Pricing and Privacy policies on our website at: https://www.viaero.com/legal/privacy-policy. Customer Service is available via the Viaero website, at retail and service centers, or by calling
(877) 484-2376.