Fair Access Policy

At Express, our goal is to give each of our customers the fastest service possible at the lowest possible price. 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 the vast majority of our customers.

Express has documented that a small percentage of customers account for a disproportionate share of data usage on the Express network. To ensure that all Express customers have equitable access to the Express network, Express has implemented a Fair Access Policy (or ‘FAP”), Express sets usage thresholds on the amount of data you can upload and download within stated time periods. If you exceed these thresholds, Express will temporarily limit the speed at which you can send and receive data over the Express network. You will still be able to use the Express Internet service but your speed will be slower. Express may use other traffic management and prioritization tools to help ensure equitable access to the Express network for all customers. Your Express 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

We will notify you via your Express contact email address if your Usage Total reaches 80% or more of the Usage Threshold. If at any time your Usage Total is above the Usage Threshold, your usage has violated the FAP and we will reduce your Express access speeds, typically to 128 kbps in the downstream (from the Internet to you) and 28 kbps in the upstream (from you to the Internet), and you may experience a loss of connectivity during peak usage periods (collectively, “Reduced Access”). Once your speeds have been reduced, you must decrease your usage to bring your Usage Total to 70% or less of the Usage Threshold. Once your Usage Total reaches this level, your access speeds will be restored to the original speed levels by the next day.

If, however, you do not decrease your Usage Total to 70% or less of the Usage Threshold within the next 30 days, this failure will constitute a second FAP violation. If you violate the FAP in each of four consecutive months or in each of five calendar months within any twelve month period – whether by exceeding the monthly Usage Threshold or by remaining in a reduced-speed status – your use of the service will be limited to Reduced Access and restricted to Web browsing activities and to sending and receiving e-mail. Again, once you reduce your Usage Total to 70% of your Monthly Usage Threshold, your speeds and access will return to normal.

You are likely to avoid any limitations imposed by the FAP if your use is typical of the majority of Internet users and consists primarily of Web surfing and a reasonable amount of downloading. The table below shows the monthly Usage Thresholds for each plan. These limits specify the amount of data that you can upload and download before your access speed is reduced. Please note that your Usage Total is far more likely to exceed the Usage Thresholds below if you use peer-to-peer file sharing programs, you use a webcam or you download full length movies, large quantities of music files, full software applications or similar high-bandwidth activities.

¹ Upload threshold is the volume of data that can be uploaded during the previous 30 days before the Fair Access Policy may restrict the user’s speeds.

² Download Threshold is the volume of data that can be downloaded during the previous 30 days before the Fair Access Policy may restrict the user’s speeds