DIODE NETWORK MANAGEMENT POLICY
Effective June 11, 2018
Pursuant to the Federal Communications Commission’s (FCC) Open Internet Rules found in Part 8 of Title 47 of the Code of Federal Regulations, Diode Communications ’ policies regarding network management practices are provided here in their entirety so that our current customers, prospective customers, third-party content providers, and other interested parties can make informed choices regarding the broadband Internet access services offered by Diode Communications (Diode), and the extent our network management practices may affect those services.
This policy statement, in conjunction with our privacy policy, acceptable use policy, and the commercial terms and conditions provided on our main website, are aimed at meeting these objectives
DIODE reserves the right to update and modify these policies and our terms and conditions as well as our network management practices from time to time. Thus, we encourage you to visit our website periodically to review our practices. In the interest of providing the best online experience possible for all of DIODE customers, we utilize reasonable network management practices tailored to achieve legitimate network management purposes. Because bandwidth is a limited resource for Diode broadband Internet service, it is essential that we reasonably manage our network to promote the use and enjoyment of the Internet by all of our customers. The network management practices employed by DIODE are consistent with industry standards.
A. Acceptable Use
Diode acceptable use policy (AUP) is located at www.diodecom.net/aup and should be consulted by you. In general, however, it is not acceptable to use Diode network for any purpose that violates local, state, or federal laws, or to transmit communications that might be high offensive or damaging to any recipients or to use the service in a manner that is unintended.
B. Network Management Practices
In general, DIODE manages its network without regard to the specific type of Internet traffic, applications, or end user. DIODE does not block or make use of any application, traffic, or end user specific network management practice. DIODE does not favor, modify, inhibit, rate control (throttle) or block any specific protocols (including those used by VoIP), protocol ports or fields, or any applications or classes of applications on the basis of content, application service, or use of a non-harmful device.
DIODE does not participate in “paid prioritization” to directly or indirectly favor some internet traffic over other traffic. DIODE does not use techniques such as traffic shaping, prioritization, resource reservation, or other forms of preferential traffic management, either in exchange for consideration (monetary or otherwise) from a third party, or to benefit an affiliated entity.
DIODE does not block lawful content, applications, services, or non-harmful devices, subject to reasonable network management. Additionally, DIODE does not block users from accessing lawful websites, subject to our reasonable network management practices. Nor does DIODE block applications that may compete with either Diode or one of its affiliates voice or video service products, subject again to our reasonable network management practices.
DIODE does not reasonably discriminate in transmitting lawful network traffic over a user’s broadband internet access service subject to our reasonable network management practices. DIODE allows its customers to connect any ordinary and typical consumer device to Diode network provided the device conforms to publicly available industry standards and be non-harmful to Diode network or its customers.
C. Security
DIODE offers its customers unrestricted access to all of the lawful content, services, and applications available on the Internet. In the instances where these tools and policies identify email content as harmful or unwanted, the content may be prevented from reaching customers. Some of these tools may permit customers to identify or inspect the content to determine if it is harmful or unwanted.
D. Congestion Management
It is possible that a relatively small number of customers may place a disproportionate demand on the network bandwidth resources, causing network congestion and an overall degradation in service quality for other end users. For this reason, if Diode network nears a state of congestion, DIODE will use congestion management practices to ensure all of Diode customers retain access to a “fair share” of bandwidth resources.
When the Diode network nears a state of congestion, the congestion management tools, practices and/ or software employed by DIODE will identify segments of the DIODE network that have a predetermined, aggregated level of bandwidth usage. From there, the congestion management tools will ascertain which customer account in the identified network segment is using a disproportionate share of the bandwidth. The Internet traffic of the identified customer account may be temporarily managed until the period of network congestion passes. Customers whose Internet traffic is temporarily managed by DIODE will still be able to do anything they want online, and many activities will be unaffected; however, these customers may experience slower downloads and uploads and Internet/website response times. The congestion management practices utilized by DIODE are “protocol-agnostic,” meaning that the network does not manage congestion based on the online activities, protocols or applications a customer uses. Rather, Diode congestion management practices focus only on the heaviest bandwidth users in real time.
E. Performance Characteristics
DIODE offers broadband Internet access services via multiple technologies: Digital Subscriber Line (DSL), Cable Modem, Fiber to the Home (FTTH), wireless PTMP, and from a third-party satellite provider. Our predominate service offerings are provided via the FTTH and wireless PTMP.
The advertised speed of DIODE Internet service is the maximum speed achievable via our internet service technologies. While the maximum advertised speed is attainable for end users, several factors may affect the actual speed of our Internet service offerings. These factors include but are not limited to the following: this distance of the consumer’s home or office from our central office/tower site (i.e., the further away the customer is from the central office, the slower the delivered broadband speed); the end user’s computer, modem or router, or other connected devices (tablets, smart TVs, game consoles); higher levels of activity during peak usage periods; and other Internet traffic.
On a limited availability basis, DIODE offers non-contractual Internet access services that are higher than our standard service offering cited above. The mean upload and download speeds and mean round trip latency for these Internet access connections will vary according to the specific service offerings. Please call 402-793-5125 to speak with a customer service representative to determine if these services are available at your location.
F. Privacy Policy
Network traffic, activity, performance information, and equipment information monitored or collected by DIODE is done so for the sole purpose of reasonable network management purposes.
DIODE is required to comply with relevant laws, regulations and judicial orders. Information covered under this Privacy Policy, as well as other categories of information, may be disclosed to third parties if DIODE determines, in its sole discretion, that such a disclosure is necessary or required.
As part of its network management practices, DIODE does not distribute information on network activity and/ or traffic to any third party or use network traffic information for any non-network management purpose. Diode network management practices as discussed herein are intended solely to provide the best online experience possible for all of Diode customers by safeguarding our network and its users from spam, viruses, phishing, and other unwanted or harmful online content and activities. Diode network management practices are not intended, nor implemented, to block consumers from accessing the content and applications of their choice, deprive consumers of their entitlement to competition, or discriminate against or in favor of certain network traffic. End users with questions, concerns or complaints regarding Diode network management practices are encouraged to contact DIODE for issue resolution.
G. Additional Disclaimers
The Open Internet Rules, as adopted, and Diode Network Management Practices Policy are not intended to affect, alter or otherwise supersede the legal status of cooperative efforts by broadband Internet access service providers and other service providers that are designed to curtail infringement in response to information provided by rights holders in a manner that is timely, effective, and accommodates the legitimate interests of providers, rights holders, and end users. Furthermore, the Open Internet Rules, as adopted, and DIODE Network Management Practices Policy do not prohibit us from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content.
H. DIODE Broadband Facts
For detailed information about our standard service offering, please call our business office at 402-793-5125 M-F 8:00 – 4:30.
I. Contact Us
If you have any questions regarding Diode Network Management Practices Policy or would like to file a complaint with us regarding our network management practices, please contact us at: Diode Communications P.O. Box 236 Diller, NE 68342 402-793-5125
For additional information and any questions concerning the FCC’s Open Internet Rules, you may contact the FCC directly at www.fcc.gov.