Immix Wireless -- immix.com --

Immix Wireless Network Policies November 20, 2011

Service Description

Immix Wireless offers GSM 2G “GPRS” and 2.5G “EDGE” wireless broadband Internet options for residential consumers and small businesses. Immix Wireless Internet access services are not available in all areas.

Service Technology

Immix Wireless uses GSM 1900 MHz spectrum for its 2G and EDGE technologies.

Service Performance

Immix Wireless defines performance characteristics based on field test performed by Immix Wireless engineers from June 20 through July 1, 2011. Network speeds were measured at 36 locations throughout the Immix Wireless 10 county licensed area in central Pennsylvania by downloading and uploading a 25 MB file from a file server. To verify that the test results were consistent and repeatable, several locations were retested a few days later with no significant difference in speeds. These tests resulted in average speeds of 77 Kbps. Average round trip latency results were 410ms. Actual speeds may vary as EDGE is not available in all areas.

Customers using the Immix Wireless network can expect typical speeds of approximately 32Kbps to 130Kbps. Actual speeds may vary. These performance characteristics are based on a field test performed by Immix Wireless engineers during June of 2011.

Immix Wireless conducted hundreds of miles of drive tests, covering both urban street and interstate conditions. Immix Wireless executed hundreds of download sessions of both large and small files in both stationary and mobile conditions. These expected speeds apply only for Immix certified devices when on the Immix Wireless network. Not all wireless devices with GSM 1900 bands can achieve the aforementioned expected speeds and customers may experience significantly different speeds and results when utilizing their device on another network, including Immix Wireless’s roaming partner networks.

Customers can view the Immix Wireless coverage may at www.immix.com.

1.3 Impact of Specialized Services
Immix Wireless does not offer any special services that may affect the capacity available for, and the performance of, mobile broadband Internet access service.

1.4 Real‐Time Applications Support
Immix Wireless supports real‐time applications and all other network usage on a best effort basis. All data traffic is prioritized equally; no priorities are assigned for real‐time applications including streaming video, audio, and video chat applications. Best effort basis will assign bandwidth based on the available bandwidth of a particular cell site. Therefore, support will be provided for real‐time applications as bandwidth is available. Maximum speeds can only be achieved by devices capable of Category 14 for download operation and Category 6 for upload. Typical round trip latency is the best approximation available of the actual latency experienced by Immix Wireless subscribers.

Network Management

2.1 Principles for Immix Wireless Network Management

Immix Wireless strives to provide its customers with the best possible 2G/EDGE mobile broadband experience. In order to meet this standard, Immix Wireless implements a number of reasonable network management practices to ensure the best experience for the greatest number of customers while reducing the risk of exhausting available mobile broadband spectrum and service degradation.

“Congestion” is a period during which customer demand exceeds network capacity. Congestion can occur due to high usage or consumer demand during certain times of the day (i.e. during peak times), particularly in highly populated locations. Congestion occurs based on a variety of factors including, but not limited to, the season, unusual weather conditions, and special events.

“Degradation” is the inability of customers to gain access to the network, the loss of connection to a cell site, excess delay in the delivery of data, or poor throughput/speed for customers who have not exceeded defined usage limits during high usage periods.

2.2 Network Management Practices

Immix Wireless supports wireless broadband data usage on a best effort basis. All data traffic is prioritized equally based on the bandwidth available at a particular cell site and no priorities are assigned to particular types of data traffic or applications. However, Immix Wireless implements the
reasonable network management practices described below to ensure the best possible experience for the greatest number of customers. These reasonable network management practices apply only to services and usage provided on the Immix Wireless network. Immix Wireless is not responsible for any delays or congestion that occurs on the Internet and on the networks of other carriers, including its roaming partners. Subject to these reasonable network management practices, Immix Wireless does not block the ability of its customers to access lawful websites nor will Immix Wireless block any applications that compete with its own voice or video telephony services.

Capacity Management: If capacity reaches 100 percent on a portion of the network, voice traffic is given priority.

IP Addresses: Dynamically allocating IP addresses per data session to minimize excess IP address consumption. Immix Wireless does not assign static IP addresses.

Tethering: “Tethering” is defined as using an Immix Wireless mobile device to connectanother device to the network for accessing the Internet and using applications that consume data.

Data Usage Management: Immix Wireless may, at its discretion and without notice, reduce, restrict, suspend or cancel a customer’s data service or change a customer’s rate plan if it could interfere with other customers' service, affect Immix Wireless ability to allocate network capacity among customers, or degrade service quality for other customers, is excessive and unusual, or violates the terms of the Immix Wireless data use policy.

Minimum Usage: At least fifty percent (50%) of the subscriber’s data usage must be within the eligible Immix Wireless Local Service Area. Immix Wireless cannot be responsible for any delays or congestion that occurs on the network of the carrier used to initiate data roaming services.

The Immix Wireless data use policy can be found in the Immix Wireless General Terms and Conditions at http://immix.com/terms

Roaming is defined as the ability for a customer to make voice calls and send and receive data or access other services when traveling outside the geographical coverage area of the Immix Local Service Area by using another carrier’s network. The availability of roaming for either data or voice services outside of the Local Service Area depends upon the existence and terms of roaming agreements with other wireless network providers, the specific service and rate plans that the customer has subscribed to with Immix Wireless and the specifications and compatibility of the customer’s handset.

2.3 Immix Wireless Network Management FAQs

What type of traffic is subject to network management practices?

All wireless data used within the Immix Wireless service areas is subject to the network management practices described herein. Wireless data may be in the following forms from wireless devices: (i) Internet browsing; (ii) e‐mail; (iii) data applications; (iv) multi‐media messaging (media includes but is not limited to pictures, audio files, and videos); (v) uploading or downloading files to/from the Internet (includes installing ringtones, games, wallpapers, & graphics); (vi) intranet access (including access to corporate intranets, e‐mail and individual productivity applications such as customer relationship management, sales force and field service automation); (vii) using an Immix Wireless device as a modem integrated to a laptop computer, service device or with host computer applications. All of these are subject to network management policies.

Can Immix Wireless data plans be used with host computer applications?

Not without prior written approval from Immix Wireless.

What types of customers are impacted by network management practices?

Network management policies apply to both business and consumer services as well as prepaid and postpaid services.

Why does Immix use these network management practices?

Immix Wireless uses the network management practices listed above to ensure the best possible experience for the greatest number of customers and to minimize the risk of exceeding capacity and degrading network performance. Immix Wireless measures network performance based on
throughput, trip time/delay in packet delivery, and ability to connect to the network (accessibility).

How do these network management practices impact the customer and the use of the Internet?

They ensure the greatest number of customers are able to access and utilize the network.

How do customers know when their traffic is being affected?

Immix Wireless does not block traffic based on type instead we support a shared resource platform.

What are the consequences of exceeding data plan limits? Immix Wireless currently only offer unlimited data plans.

How will Immix Wireless communicate changes in network management practices?

Immix will update its General Terms and Conditions when changes are made to its network management practices. Immix may notify customers of changes to the General Terms and Conditions and/or its network management practices by any of the following methods: (i) SMS notification, (ii) email (iii) direct mail (i.e. letter), (iv) bill message, (v) My Account message, and (vi) notifications on this webpage.

How can customers contact Immix if they have questions or wish to file a complaint about wireless network management practices?

Customers may contact Immix Wireless by emailing customerservice@immix.com or by dialing 611 from an Immix Wireless device (a free call).

2.4 Device Attachment Rules

Immix Wireless has the following rules regarding the attachment of devices to its network by customers:

Immix Wireless requires the following for any 2G/EDGE broadband devices to operate on its network:

o GSM 1900
o Meet standardized FCC RF requirements
o Immix Wireless SIM card or roaming partners sim card

Any device meeting the above baseline requirements should work on the Immix Wireless network. Additionally, in order to be certified by Immix for use on its network, devices must meet the following specifications and be tested and approved:

o GSM 1900
o HAC M3/T3 Strong Preference
o Basic interworking of the TU/GUI and SIM
o Basic call functions
o Advanced call function testing
o Scanning and display functions for roaming
o Basic and Advanced RF TEMS testing
o In Market/Out of Market Roam Testing
o SMS
o MMS
o OTA‐SIM programming
o Voicemail/Call Forwarding/NR/etc.
o GPRS/EDGE/
o Mobile Station Handoff Testing
o Mobile Station Operating System Testing
o WAP/Internet
o E‐Mail Testing
o Application Market Testing (If Applicable)
o 3rd Party partner application testing
o Bluetooth Stack Testing
o On Board Application Testing
o Immix RF Engineering requires GSM and any related RF studies or case
documentation to be provided by the OEM/ODM. This includes but is not limited to FCC
SAR, TRP/TIS, PTCRB, NAC, etc.
o Industry standard 3GPP technical specifications and guidelines
o Passes industry standard GSM test plan

If a non‐certified device is degrading the network, Immix reserves the right to test that device and determine its impact on the network. After testing, if the non‐certified device is determined to negatively impact the network and cause degradation, Immix reserves the right to block that device from using the Immix Wireless network to protect the integrity of the Immix Wireless network.

Without prior consent, unauthorized signal boosters are prohibited on Immix Wireless networks.

2.5 Security

Immix Wireless deploys security measures to help prevent unwanted communications as well as to protect the security of its customers and network. Immix Wireless has firewalls in place to secure inbound data traffic. Data may not be used to (i) generate or disseminate viruses, malware, or "denial of service" attacks, (ii) access or attempt to access without authority, the information, accounts, or devices of others, (iii) penetrate, or attempt to penetrate Immix Wireless' or another entity's
network or system or (iv) run software or other devices that maintain continuously active Internet connections when a computer's connection would otherwise be idle. If Immix detects any traffic that is malicious, (i.e., traffic that is negatively impacting the Immix Wireless network and/or customer experiences), Immix Wireless reserves the right to take action to block the data service and malicious traffic, and/or to restrict or block IP address assignments and IP Ports.

Immix Wireless uses Access Point Names (APNs) to provide its customers with specific data services to access the Internet using the mobile network. Examples of these APNs are titled Internet, WAP, Web, and BlackBerry.

When using the Internet APN, Immix blocks ports found to be malicious or harmful to the network in order to keep the network secure. Ports that are normally used for port scanning are blocked due to the creation of unsolicited traffic that causes additional overhead and degradation of
the network.

When using the Immix APN’s, Immix utilizes Network Address Port Translation (NAPT), also called Port Address Translation (PAT) or Network Address Translation (NAT). These protocols allow many internal hosts to share a single external IP address. All outbound connections are permitted.

Commercial Terms

3.1 Pricing

For current Immix Wireless pricing on monthly service fees, usage‐based fees, and fees for early termination, please visit http://www.immix.com.

3.2 Privacy Policy

Immix is not liable for any lack of privacy that may be experienced with regard to use of broadband wireless data service. Users authorize Immix Wireless monitoring and recording of calls to it concerning their account.

Immix Wireless has the right to intercept and disclose any transmissions over its facilities to the appropriate law enforcement authorities in order to protect its rights or property and to comply with all local, state and federal laws and regulations.

3.3 Redress Options

Immix Wireless commits to resolving customer issues, complaints, and questions through its customer service channels. To contact Immix Wireless , email customerservice@immix.com or dial 611 as a free call from an Immix Wireless device.

Law Enforcement Obligations

Nothing in these network management practices supersedes or limits the ability of Immix Wireless to address the needs of emergency communications or law enforcement, public safety or national security authorities, consistent with or as permitted by applicable law.

Glossary

o 1GB (gigabyte) is defined as equaling 1024 MB (megabyte), 1MB is defined as equaling 1024 KB (kilobyte), and 1KB is defined as equaling 1024 bytes.

o Immix Wireless (“Immix Wireless,” “Immix“ “us,” “we,” or “our”), which
is licensed to provide Service in the area associated with your assigned telephone, data and/or messaging number(s) (“Number”).

o Congestion is defined as a period during which customer demand exceeds network capacity.

o Degradation is defined as the inability of customers to gain access to the network, a loss of connection to a cell site, excess delay in delivery of data, or poor throughput for customers who have not exceeded defined usage limits during high usage periods.

o Host Computer Applications uses may include, but are not limited to, high bandwidth continuous JPEG file transfers, automatic data feeds, telemetry applications, automated functions or any other machine‐to‐machine applications.

o Reduce is defined as lowering data speeds to best effort for upload and downloads.

o Restrict is defined as limited data usage availability. This includes, but is not limited to, restricting data usage to local service areas only.

o Roaming is defined as the ability of a customer to make voice calls, send and receive data or access other services when traveling outside the geographical coverage area of the Immix Wireless Local Service Area by using another wireless carrier’s network. The availability of roaming outside of the Local Service Area depends upon the existence of roaming agreements between Immix Wireless Wireless and other wireless network providers and the specifications of the customer’s handset.

o Service Devices are defined as any device that uses an Immix Wireless SIM card and network to transmit data wirelessly. Such devices include but are not limited to wireless handsets (phones, PDAs, and smartphones), tablets, mobile hotspot devices, USB modems, and computers.

o Tethering is defined as using an Immix Wireless mobile device to connect another device to the network for accessing the Internet and using applications that consume data.