THIS POLICY STATES IMPORTANT REQUIREMENTS REGARDING USE OF GALAXY BROADBAND SATELLITE SERVICE, AND YOUR RELATIONSHIP WITH GALAXY BROADBAND. YOU SHOULD READ THIS POLICY CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OURS.
At GALAXY BROADBAND, 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 Soft Cap Policy is designed to impact the fewest customers while helping ensure the best speeds for the vast majority of our customers. Our Soft Cap Policy policy is based on an analysis of usage data, Galaxy Broadband servers have established a usage threshold well above the maximum typical usage rates (usage rates are unique to individual plans). When a customer exhibits patterns of system usage which exceed that threshold for an extended period of time, the Soft Cap Policy may temporarily limit that subscriber’s throughput to ensure the integrity of the system for all Galaxy subscribers.
GALAXY BROADBAND estimates that a small percent of customers account for a disproportionate share of data usage on the GALAXY BROADBAND network. To ensure that all GALAXY BROADBAND customers have equitable access to the GALAXY BROADBAND network, GALAXY BROADBAND has implemented this Soft Cap Policy. GALAXY BROADBAND sets usage thresholds on the amount of data each end user can upload and download within stated time periods. If an end user exceeds these thresholds, GALAXY BROADBAND will temporarily limit the speed at which the end user can send and receive data over the GALAXY BROADBAND network. The end user will still be able to use the SKYDATA service but upload and download speeds will be slower. In cases of extreme and continued violation of the Soft Cap Policy limitations, service may be suspended. GALAXY BROADBAND may use other traffic management and prioritization tools to help ensure equitable access to the GALAXY BROADBAND network for all customers.
Based on an analysis of typical customers, we have set a rolling 8 hour refresh limit on data usage per customer modem based on the service plan type, called a Usage Threshold. This period is renewed every 8 hours. As shown in the table below, this threshold varies based on the service plan selected. For each service plan, the Usage Thresholds are significantly above the amount of data that is used by a typical customer. We continuously measure each modems upload and download data usage (“Actual Usage”) to determine if total Actual Usage, as
aggregated over the 8 hour period (“Usage Total”), exceeds the Usage Threshold for the service plan type selected.
If at any time an end user’s modem Usage Total exceeds either the Upload or Download Usage Threshold, we will reduce that end user’s SkyDATA access speeds, typically to 128 kbps in the downstream (from the Internet to end user) and 28 kbps in the upstream (from end user to the Internet). The end user’s access speeds will be restored to the original speed levels within 8 hours from the time the account was subject to the Soft Cap Policy.
An end user is likely to avoid any limitations imposed by the Soft Cap Policy if 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 daily Usage Thresholds for each plan. These limits specify the amount of data that an end user can upload and download per modem before GALAXY BROADBAND will reduce access speeds under the Soft Cap Policy. Please note that an end user’s Usage Total is far more likely to exceed the Usage Thresholds below if the end user uses peer-to-peer file sharing programs, a webcam, or downloads full length movies, large quantities of music files, gaming, full software applications or similar high-bandwidth activities.
GALAXY BROADBAND MAY REVISE THIS SOFT CAP POLICY FROM TIME TO TIME WITHOUT NOTICE BY POSTING A NEW VERSION OF THIS DOCUMENT ON www.galaxybroadband.ca OR ANY SUCCESSOR URL(S). ALL REVISED COPIES OF THE POLICY ARE EFFECTIVE IMMEDIATELY UPON POSTING. ACCORDINGLY, CUSTOMERS AND USERS OF GALAXY BROADBAND’S SATELLITE BROADBAND SERVICE SHOULD REGULARLY VISIT THESE WEB SITES. QUESTIONS REGARDING THIS SOFT CAP POLICY AND COMPLAINTS OF VIOLATIONS OF IT BY CUSTOMERS AND USERS CAN BE DIRECTED TO GALAXY BROADBAND VIA “HELP” EMAIL OBTAINABLE AT www.galaxybroadband.ca.
The undersigned has received and reviewed the above GALAXY BROADBAND Soft Cap Policy and acknowledges that the above agreements are part of the terms of the Services Agreement between the undersigned and GALAXY BROADBAND, and that failure to comply with these agreements is a breach of that Services Agreement.