Legal

Open Internet Statement

The Federal Communications Commission issued rules to preserve the Internet as an open platform. These rules went into effect on June 12, 2015 and can be found at this https://www.fcc.gov/openinternet. All Internet service providers are required to post information regarding various issues so that consumers, both residential and business, can make informed choices about choosing an Internet service provider. This document contains information regarding our services and in compliance with the FCC’s rules. The policies contained herein serve as a supplement to the existing terms of service.

The FCC’s rules focus on these “bright lines”

  • No Blocking: broadband providers may not block access to legal content, applications, services, or non-harmful devices.
  • No Throttling: broadband providers may not impair or degrade lawful Internet traffic on the basis of content, applications, services, or non-harmful devices.
  • No Paid Prioritization: broadband providers may not favor some lawful Internet traffic over other lawful traffic in exchange for consideration of any kine – in other words, no “fast lanes.”  This rule also bans ISPs from prioritizing content and services of their affiliates.

Reasonable Network Management:  For the purposes of these rules, other than paid prioritization, an ISP may engage in reasonable network management.  This recognizes the need of broadband providers to manage the technical and engineering aspects of their networks.

Some data services do not go over the public Internet, and therefore are not “broadband Internet access” services.  An example of this is VOLstate/RevTel’s “on net” VoIP services.

Network Practices

ISPs must disclose their network practices, specifically in the four general areas listed below. ISPs may not block lawful content, applications, services, or non-harmful devices, subject to reasonable network management. An ISP may not block consumers from accessing lawful Web sites, subject to reasonable network management; nor shall the ISP block applications that compete with the provider’s voice or video telephony services, subject to reasonable network management. ISPs may not unreasonably discriminate in transmitting lawful network traffic over a consumer’s broadband Internet access service, although, reasonable network management shall not constitute unreasonable discrimination. The FCC’s rules state that a network management practice is reasonable if it is appropriate and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service.

Congestion Management: Congestion is managed primarily by measuring the used capacity of VOLstate’s network and pro-actively adding bandwidth before saturation occurs.  Beyond that, VOLstate manages some network activity out of necessity to ensure that real time applications perform as expected.  To that end, VOLstate prioritizes certain traffic that is native to the newtwork. Since it is not possible to prioritize voice traffic from other networks, that traffic is treated the same as all other traffic after our shaping for performance. If the network reaches saturation of bandwidth itself due to some extraordinarily high usage, VOLstate will prioritize traffic that we recognize based on standard port usage.

Application-Specific Behavior:  VOLstate will only employ rate control if bandwidth consumption would otherwise cause unacceptable performance for other traffic. File sharing applications are low priority traffic and other applications, out of necessity, have a higher priority such as ssh, telnet, and web traffic.

Device Attachment Rules: At this time, VOLstate does not have any restrictions other than that third party CPE devices must be able to authenticate to our network.

Security: The network is monitored 24 hours per day and unusual activity notifies appropriate personnel. Other security measures include account lockout policies, and encryption of sensitive traffic.

Performance Characteristics

ISPs must disclose the following network performance characteristics:

Service Description: VOLstate services are delivered via company owned “layer 1” technologies such as our fiber optic network or our wireless network.  In addition VOLstate provides some of its services utilizing last mile facilities from other carriers.  The underlying carrier in essence rents to us this facility and we deploy our service over it. These technologies include T1, Metro Ethernet, ADSL, fiber,  and Coaxial Cable.  VOLstate uses a combination of copper and fiber circuits for the service delivery.  The data center is owned by VOLstate and supplies services such as authentication, email, web services, email filtering.  VOLstate owns a series of routers and switches that attach to our network and these facilities are a combination of owned and leased facilities from other carriers.  VOLstate makes no guarantees as to the suitability of its broadband service for any particular real time application with the exception of the voice service sold by VOLstate on it’s “on net” facilities.  “On Net” facilities are those facilities that VOLstate owns for the actual last mile delivery of our service.  Also, certain leased circuits are also “On Net” in the sense that they offer a Layer 3 connection directly to our customers.  VOLstate does prioritize our voice traffic when it is “On Net” and is not technically a “broadband access service” subject to paid prioritization bands since it is not actually traversing the public Internet.

Impact of Specialized Services: VOLstate sells a variety of VoIP services. The network reserves anywhere from 5-20% of available bandwidth to prioritize voice services sold by VOLstate in order to give maximum performance of the voice service to the end user.  This will in some cases reduce available bandwidth for other applications.

Commercial Terms

ISPs must disclose the commercial terms of its broadband Internet access service including those listed below.

Pricing: All broadband services are sold on a contract basis and a variety of variables go into pricing for each account including: the distance to reach the customer from our nearest POP; which underlying carriers we must use to deliver the service, the term of the service, the bandwidth required.  Questions about contract terms should be emailed to us via our website contact process at www.revtel.net.

Privacy Policies: Browsing information is not stored.  Authentication information is stored for a period of 30 days.  Email is stored for a maximum of 30 days for POP accounts and is set individually by the customer for webmail accounts.  No information is provided to third parties unless proper legal authorization is received.

Pursuant to FCC rules, VOLstate does have the ability to capture customer information in real time and deliver it to law enforcement with proper legal requirements met by law enforcement to us.

Redress Options: Call or email us at our contact numbers listed at www.revtel.net.

FCC Notice

If a customer believes that these open Internet rules are not being met, the customer may file an informal complaint at the Federal Communications Commission. The FCC urges customers to submit any complaints via its website at the following address: http://esupport.fcc.gov/complaints.htm. Customers may also file a formal complaint at the FCC using Part 76 of the Commission’s rules.

DMCA Procedure

Policy for handling claims of infringement

Any original material created by an individual or group is protected by copyright or intellectual property rights under United States and international law. Put broadly, this means that anything original that you have written down, or created as an original recording or an original image, etc., is protected from infringement by others.

Just as your original material is protected from unauthorized use by others, their material is their property and you may not use it without permission. Doing so may invite lawsuits claiming infringement. This includes written works, email, images, sounds, etc., whether online or on paper.

As an Internet Service Provider and under the provisions of the DMCA VOLstate, Inc. DBA volstate.net DBA RevTel.net may be obligated to take down materials that our users have posted if a claim of infringement is received.

How to report a claim of infringement

Section 512 (c)(3)(A) of the Digital Millennium Copyright Act requires that a claim of copyright infringement must be sent to our designated agent. The claim must provide certain information (detailed below) in order for it to be considered a valid claim.

DMCA Section 512 (c)(3)(A)

Elements of Notification.

(A) To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When filing an infringement claim, include all of the information required under Section 512 (c)(3)(A). Your claim must include any URLs or other information identifying the material, and the dates and times the material was observed.

Web and Peer-to-Peer claims must include, at a minimum:

  • An exact URL or IP address
  • Date the content was first observed
  • Information sufficient to identify the specific content which is the subject of the complaint

Email, fax or postal-mail the information to our Designated Agent.

Upon receipt of a valid claim, i.e., a claim in which the requested information is substantially provided, VOLstate, Inc. DBA volstate.net, DBA RevTel.net, will undertake to have the disputed material removed from public view until a counter-claim is filed or until a court ruling determining the disposition of the disputed material is received. Under the provisions of the DMCA VOLstate, Inc DBA volstate.net DBA RevTel.net, as an Internet Service Provider, has no other role to play either in prosecuting or defending a claim of infringement, and cannot be held accountable in any case for damages regardless of whether a claim of infringement is found to be true or false.

Section (512) (f) of the DMCA defines penalties for intentional misrepresentation of a claim.

Designated Agent:

David Snyder

VOLstate, Inc.
278 1st Avenue, Dayton, TN 37321
dmca@revtel.net
P: 423.775.7700 • F: 423.570.1008