Updated and revised 11/5/2024
Open Internet Policy Statement
Upward Broadband LLC (“UPWARD,” “we,” or “us”) is committed to providing our Services as
an open and safe platform for education, innovation, investment, job creation, economic growth,
competition, and communication. UPWARD also supports the following Net Neutrality
principles:
-Transparency
-NO Blocking of lawful Internet content, subject to reasonable network management as
described below and in our Acceptable Use Policy
-NO Throttling of lawful Internet content, subject to reasonable network management as
described below and in our Terms and Conditions and Acceptable Use Policy
-NO Illegal or Unreasonable Discrimination
-NO Paid Prioritization of Internet content
-Freedom of subscribers to use non-harmful applications of their choice
– Freedom of subscribers to attach non-harmful personal devices
This Open Internet Policy Statement sets forth certain information regarding the policies and
practices of UPWARD and how we manage our networks for residential and business
broadband internet access service (the “UPWARD Networks”). This Open Internet Policy
Statement is a supplement to and is incorporated by reference in the various legal terms and
conditions of our Services, which are found at our Policies and Conditions of Service
https://www.upwardbroadband.com/policies-and-conditions-of-service page, including but not
limited to UPWARD’s Terms and Conditions and Acceptable Use Policy (collectively “Service
Agreements”). In the event of any inconsistency between this Open Internet Policy Statement
and the Service Agreements, this Open Internet Policy Statement shall control.
UPWARD’s access service is a fixed wireless service. Generally, given the nature of fixed
wireless services, certain circumstances may affect the speed and quality of the service,
including but not limited to foliage, line-of-sight obstructions, the distance between a
subscriber’s premises and the transmission point, as well as the subscriber’s connection of
multiple devices to an UPWARD Network. Although we have engineered the UPWARD
Networks to provide consistent high-speed data services, some network management for these
scenarios is required in order to provide the best online experience possible for all of our
subscribers. Very heavy data usage by even a few subscribers at times and places of
competing UPWARD Network demands can affect the performance for all subscribers.
I. NETWORK MANAGEMENT PRACTICES
Network management is only activated when congestion is detected on an UPWARD Network.
In regular intervals, UPWARD Network equipment is polled to identify what devices may be
experiencing congestion. When a specific device is determined to be congested, the
subscribers serviced from that/those network device(s) are analyzed and then managed based
on plan and usage thresholds until the congestion has been alleviated, as described more fully below. Subscribers will still be able to do what they want online; in many cases activities may
be unaffected. In other cases, subscribers may see reduced speed in downloads or uploads.
No specific type of usage activity or subscriber aggregate monthly usage is targeted by these
practices. It is important to note that UPWARD Network management is temporary and based
on constantly changing network conditions.
The network management practices described in this section are part of the “standard”
UPWARD Network architecture. As UPWARD acquires or builds other broadband Internet
networks, we implement these practices as quickly as possible.
A. Blocking: Other than reasonable network management practices disclosed below and
application of our Acceptable Use Policy, we do not block or otherwise prevent a subscriber
from accessing lawful content, applications, services, or your use of non-harmful devices. We
provide optional content filtering to block and prevent exposure to pornographic and sexually
explicit materials. For more information and for instructions on how to opt in and enable content
filtering, contact UPWARD at 717-869-0968 or info@upwardbroadband.com.
B. Throttling: Other than reasonable network management practices disclosed below and
application of our Acceptable Use Policy, we do not throttle or otherwise shape, slow, degrade
or impair a subscriber from accessing lawful Internet traffic on the basis of content, application,
service, user, or use of a non-harmful device. All lawful Internet use consistent with our
Acceptable Use Policy is handled identically.
C. Affiliated Prioritization: We do not directly or indirectly favor some traffic over other traffic,
including through use of techniques such as traffic shaping, prioritization, or resource
reservation, to benefit any of our affiliates, defined as an entity that controls, is controlled by, or
is under common control with UPWARD.
D. Paid Prioritization: We do not directly or indirectly favor some traffic over other traffic,
including through use of techniques such as traffic shaping, prioritization, or resource
reservation, in exchange for consideration, monetary or otherwise.
E. Congestion Management: Our Services are provided on a “best efforts” basis and our
congestion management practices are in place to ensure that all subscribers experience as high
quality a service as possible. We do not impose any additional usage limits for the Services
unless part of our network management practices.
In a manner consistent with our Service Agreements and Privacy Policy, we may monitor
network traffic to ensure capacity is sufficient to maintain an efficient network load, to perform
diagnostics and to otherwise manage and enhance the UPWARD Networks. To help manage
traffic on the UPWARD Networks, during times of high demand, we may allocate available
bandwidth among subscribers on an equal basis, by account level. In addition, we may
prioritize certain applications, such as public safety and voice, over other traffic types.
I. If UPWARD determines, in our sole and reasonable discretion, that the manner in which a
subscriber is using the Service negatively impacts other subscribers or any UPWARD Network,
we reserve the right to apply additional congestion management techniques.
F. Application-Specific Behavior: Subject to the qualification that UPWARD may reasonably limit
or rate-control specific or classes of applications, or other specific protocols or protocol ports as
set forth below and the application of our Acceptable Use Policy, UPWARD generally treats all lawful applications identically. However, we reserve the right to block or limit access to any
applications, ports, or protocols that we determine, in our sole and reasonable discretion, may
expose any UPWARD Network to potential legal liability, harm any UPWARD Network, or
otherwise interfere with or impair the experience of other subscribers on UPWARD Networks.
UPWARD Networks also may not support certain high-bandwidth video and voice applications,
or peer-to-peer applications that carry unlawful or harmful content/software.
G. Device Attachment Rules: Generally, you do not need approval to connect a third-party
device to an UPWARD Network. UPWARD does not limit the types of devices that can be
connected to any UPWARD Networks, provided they are used for lawful purposes and do not
harm an UPWARD Network, violate our Service Agreements, or harm other users of UPWARD
Networks. However, if we determine, in our sole and reasonable discretion, that the connection
of a particular type of device to any UPWARD Network negatively impacts other users or the
UPWARD Network, or may expose us to potential legal liability, we reserve the right to limit or
restrict subscribers’ ability to connect such type of device to UPWARD Networks. If you need
technical support services to assist you in the installation and configuration of third-party
devices, please contact us or visit https://www.upwardbroadband.com/. Depending on your
level of service and your specific Service Agreement, there may be an additional monthly fee for
our IT support services.
H. Security: UPWARD has implemented reasonable physical, technical and administrative
safeguards to protect the integrity and operations of UPWARD Networks and our subscribers
from malicious and unwanted Internet traffic. We monitor the UPWARD Network for security
threats and may prohibit certain activity on UPWARD Networks that we may deem, in our sole
and reasonable discretion, poses a potential risk to any UPWARD Network and/or to other
subscribers. Triggering conditions include but are not limited to denial of service activity, IP
address or port scanning, excessive account login failures; or certain Internet addresses that
are disruptive, malicious and typically persistent. If we notice excessive subscriber connections,
including but not limited to Wi-Fi connections, that are harmful or are commonly used to disrupt
the normal use of any UPWARD Network or use by other subscribers, we will attempt to notify
the subscriber to work collaboratively to remedy the issue to the extent possible; however, we
reserve the right as a reasonable security practice, without advance notice, to block any
subscriber traffic, ports, protocols, devices, or applications (such as peer-to-peer applications
that may carry malicious software or are known to be problematic) that we determine, in our
sole and reasonable discretion, may cause harm to any UPWARD Network or to other
subscribers, or may expose us to potential legal liability.
II. PERFORMANCE CHARACTERISTICS AND COMMERCIAL TERMS
A. Specific service fees and rates for an individual subscriber are published on our website and
also may be set forth in a Service Order Agreement or email confirmation[TB1] . Various
information regarding our Services, including additions, changes or modifications are also
publicized on the UPWARD website at https://www.upwardbroadband.com/.
B. Network Speeds: UPWARD offers a range of download speeds to residential subscribers,
varying based on the current infrastructure and availability at the service location and the
services selected by the subscriber. The network is designed to support these speeds to help
ensure that every subscriber receives the speeds to which they have subscribed. UPWARD
however cannot guarantee speeds at all times, as there are many factors and conditions beyond UPWARD’s control that can affect Internet performance. Some of these external factors
and conditions are:
i. Performance of subscriber computer and/or router
ii. Type of connection to UPWARD Customer Premise Equipment
(i.e., Wi-Fi)
iii. Congestion of web sites and services on Internet
iv. Web site or service limiting speeds on the Internet
v. Internet and equipment performance outside of the UPWARD
UPWARD Internet packages are advertised as “up to” certain speeds reflecting performance
under ideal conditions. Without purchasing an expensive “dedicated” Internet connection, no
Internet Service Provider can guarantee package speeds at all times.
C. Impact of Non-Broadband Internet Access Service Data Services (also known as
“Specialized Services”): UPWARD does not offer Specialized Services to subscribers that will
affect the last-mile capacity available for, and the performance of, our broadband Internet
access Service offering.
D. Acceptable Use: As set forth in the Service Agreement, all of UPWARD’s service offerings
are subject to the Acceptable Use Policy (“AUP”) section of the Service Agreement, which we
may from time to time establish or revise. The AUP is available at
https://www.upwardbroadband.com/policies-and-conditions-of-service.
E. Privacy Policy: UPWARD’s current Privacy Policy is available at
https://www.upwardbroadband.com/policies-and-conditions-of-service.
F. Redress Options: UPWARD endeavors to respond to all subscriber concerns and complaints
in a timely and fair manner. We encourage subscribers to contact us at 717-869-0968, or
info@upwardbroadband.com, or U.S. postal mail to discuss any complaints or concerns. Our
postal address is 1866 Colonial Village Ln, Suite 106, Lancaster, PA 17601.
III. FCC REQUIREMENTS AND COMPLAINT PROCESS
The Federal Communications Commission (“FCC”) has adopted rules to preserve the Internet
as an open platform (the “Rules”). Information regarding these Rules is available on the FCC’s
website at: https://www.fcc.gov/restoring-internet-freedom.
If a subscriber believes that we are not in compliance with the FCC’s Rules, the subscriber may
file an informal complaint with the FCC. The FCC urges subscribers to submit any complaints
via its website at the following address: https://consumercomplaints.fcc.gov/hc/en-us.
IV. ADDITIONAL DISCLAIMERS
This Open Internet Policy Statement does not affect, alter, or otherwise supersede the legal
status of any efforts by UPWARD that are designed to curtail copyright or trademark
infringement in response to information provided by rights holders in a manner that is timely,
effective, and accommodates the legitimate interests of the company, rights holders, our
subscribers and other end users. Furthermore, this Open Internet Policy Statement does not prohibit us from making reasonable efforts to address the transfer of unlawful content or
unlawful transfers of content. For additional information, please review the Service Agreements
and Privacy Policy.
