To ensure fair Internet access for all Stoney Nakoda Telecom subscribers, Stoney Nakoda Telecom maintains a Fair Access Policy. This policy establishes an equitable balance in Internet access for all Stoney Nakoda Telecom subscribers. Stoney Nakoda Telecom assigns a download threshold to each service plan that limits the amount of data that may be continuously downloaded within specified time periods. Subscribers who exceed this limit may be temporarily suspended.

Some users consume much more bandwidth than the average user, and they will experience subscription restrictions. Typically, we find that the top 25 per cent of users consume 45 percent of total Bandwidth (download six times more than the average user). By providing a download allowance, more of the shared bandwidth is made available for everyone to use. Most users will have a better experience as a result of the Fair Access Policy.

• Full-length movie or video downloads (e.g., Netflix streaming movies)
• On-line interactive gaming
• Downloading very large files (i.e., file sizes that are close in size to the download threshold of your service plan)
• Peer-to-peer (P2P) file sharing programs.
• Continuous downloading or viewing streaming media content such as audio or video programming
• Hosting of server devices such as email, FTP or Web servers
• Hosting computer applications such as Web-cam feeds
• Internet-based PC backup services that archive your data on a central server
• Extensive downloading of attachments from Usenet Newsgroups (NNTP)

While using the Communication Services, the Customer is prohibited from, in STONEY NAKODA TELECOM’s sole judgment, posting, uploading, reproducing, distributing or otherwise transmitting information or materials where such activity gives rise to civil liability or from otherwise violating the rights or assisting others to violate the rights of STONEY NAKODA TELECOM or any third party, including, but not limited to, the violations listed below:

• Copyright infringement
• Trade-mark infringement
• Patent infringement
• Misappropriation of trade secrets
• Defamation

or (5) is otherwise objectionable. Examples of such prohibited activity include, but are not limited to:

• Scanning or probing another computer system
• Obstructing or bypassing computer identification or security procedures
• Engaging in unauthorized computer or network trespass
• Maintaining a relay service open to the general public
• Engaging in denial of service attacks
• Posting, uploading, reproducing, distributing or otherwise transmitting any data, information or software that constitutes a virus, trojan horse, worm or other harmful or disruptive component
• Exporting equipment, software, or data outside of Canada or the U.S. in contravention of applicable export control legislation
• Falsifying address information, modifying message headers to conceal the Customer’s identity or impersonating others, for the purpose of circumventing this Acceptable Use Policy
• Posting, uploading, reproducing, distributing, otherwise transmitting, or collecting responses from unauthorized or unsolicited duplicative e-mail messages, junk or bulk e-mail messages, chain letters, newsgroup postings or other “spam” (STONEY NAKODA TELECOM reserves the right to determine, in its sole discretion, whether a message constitutes “spam”)
• Engaging in any conduct that directly or indirectly encourages, facilitates, promotes, relies upon or permits the foregoing prohibited activities including, without limitation, failing to implement reasonable technical or administrative measures to prevent spam, viruses and worms

At Stoney Nakoda Telecom, our goal is to give each of our customers the fastest service possible at the lowest possibleprice.

We are always striving to develop programs and policies that help make that possible. Our Fair
Access Policy is designed to impact the fewest customers while helping ensure the best speeds for thevast majority of our customers.

Stoney Nakoda Telecom has documented that a percent of customers account for a disproportionate share of data usage on the Stoney Nakoda Telecom network. To ensure that all Stoney Nakoda Telecom customers have equitable access to the Stoney Nakoda Telecom network, Stoney Nakoda Telecom has implemented a Fair Access Policy (or “FAP”), Stoney Nakoda Telecom sets usage thresholds on the amount of data you can upload and download within stated time periods. If you exceed these thresholds, Stoney Nakoda Telecom will temporarily limit the speed at which you can send and receive data over the Stoney Nakoda Telecom access network. You will still be able to use the Stoney Nakoda Telecom Internet service, but your speed will be slower. Stoney Nakoda Telecom may use other traffic management and prioritization tools to help ensure equitable access to the Stoney Nakoda Telecom network for all customers. Your Stoney Nakoda Telecom Internet access is not guaranteed and is subject to this FAP.

Based on an analysis of typical customers, we have set a rolling 30-day limit on data usage per customer, called a Usage Threshold. As shown in the table below, this threshold varies based on the service plan you selected. For each service plan, the Usage Thresholds are significantly above the amount of data that is used by a typical customer. Every day, we measure your upload and download data usage (“Actual Usage”) to determine if your total Actual Usage, as aggregated over the previous 30 days (“Usage Total”), exceeds the Usage Threshold for the service plan that you selected.