Network Management Policy

The Link Internet, LLC DBA The Internet Subway (“we”, “us”, “our”, “Internet Subway”) is committed to providing an excellent user experience that supports any lawful product, service, or application that you choose to access through our Internet access service (“Service”). To do so, we engage in reasonable network management practices. Descriptions of these practices are provided below for informational purposes only and may be subject to change at any time and are subject to our Terms of Service found at iswifi.com/terms-of-service.

1. Level of Service

We do not engage in traffic shaping and our Service is offered without usage-based fees or volume-based caps.
Out Service is offered in several distinct bandwidth tiers. In all cases, speeds listed are the top possible speed which may not be achievable at all times. This bandwidth is shared between all devices on the local network that is accessing the Service.

Numerous other factors can impact Internet speeds, including, but not limited to, the type of networking equipment used within the home, the capability of networked devices (often the greatest limiter), the capacity of Internet sites you’re accessing as well as network congestion, to name a few.

2. Network Neutrality

We do not and will not engage in deep packet inspection beyond the IP, TCP and UDP headers. We will not drop specific Internet traffic in order to preserve the integrity of the network. Likewise, we do not prevent or impede the use of any other lawful product or service that subscribers choose to access via our Service, provided the use of that product or service does not violate the Terms of Service or Acceptable Use Policy.

Internet Subway does not favor or inhibit any applications or classes of applications except as described in these Terms of Service and Acceptable Use Policy.

In the unlikely event that demand exceeds network capacity, we may intervene to ensure everyone on the network has a positive experience. In case of acute network congestion, bandwidth over our network will be shared out as equally as possible to everyone accessing lawful content, services and applications. We may also intervene in the course of responding to an Internet threat. This could mean slower performance across the board while a problem is being addressed.

Internet Subway does not actively limit the types of devices you can use with the Service. Any device that supports IPv4 and/or IPv6 using either Ethernet or Wi-Fi standards and provided it does not violate any item in the Terms of Service or Acceptable Use Policy (i.e., doesn’t cause harm to the network, others or the Service) is welcome.

3. Network Security

Internet Subway monitors its networks in order to address threats to the network and to subscribers. We reserve the right to intervene, taking whatever action we deem necessary, to protect the integrity of the network and, for our part, the Internet at large. This includes rights all the way up to terminating or suspending the Service of anyone that engages in any activity that violates the Terms of Service or Acceptable Use Policy.

We use industry-standard tools, policies and best practices to distance subscribers and other Internet users from the negative parts of the Internet. That includes (but is not limited to — this is a legal document, after all) threats like viruses, spam, denial of service attacks and other unsavory elements of the Internet.

Terms of Service

Please read these terms carefully. They require the use of binding arbitration to resolve disputes rather than jury trials or class actions. Please follow the instructions in the Disputes section below if you wish to opt out of this provision.

1. Introduction

These Terms of Service (“Terms”) is an agreement between The Link Internet, LLC DBA The Internet Subway, a Virginia based Corporation, having its primary place of business at 209 Madison St. 4th Floor, Alexandria, VA 22314 (“we”, “us”, “our”, and “Internet Subway”) and the individuals using the Internet access services provided by us. You automatically agree to these Terms and to our Privacy Policy found at iswifi.com/terms-policies simply by activating and using our services. Also, you agree that if you allow others to access or use our products or services, you will be responsible for all activity on the services, whether such activity is undertaken by you or someone else.

2. The Service

2.1. The Service. The Service includes Internet Subway Internet managed Wi-Fi Internet access service with a dedicated network for each apartment unit – accessible throughout the property. The Service speed can vary depending on location, device type, Internet traffic, and other factors beyond the control of Internet Subway. Internet Subway provides the Service on a “best effort” basis. Due to the nature of the Internet, and the many factors beyond the Company’s control, the Company cannot provide guarantees regarding connection speeds or availability upload or download speeds.

2.2. Creating Your Account. Upon signing a lease at a property services by Internet Subway, you will receive an email inviting you to create an account and custom network password. You will be allocated a Dynamic IP address.

2.3. Your Account and Payment. The Service is being provided by us to you under an agreement we have entered into with the owner or manager of your apartment building. We will not charge you separately for the use of the Service. The Service will be available to you once you have created an account with Internet Subway and have moved into your apartment.

3. Account Security

We make an effort to keep our network secure, but no network security is perfect. While we may provide technical assistance to you, you are responsible for implementing appropriate security measures when using the Services, including taking whatever steps are necessary to ensure that your data is not accessed by unauthorized third parties. We strongly urge you to keep your password confidential so that no one else may access the Services through your account. You must notify Internet Subway immediately if you discover any unauthorized use of your account.
Internet Subway is not responsible for any damages to users of the Service that may be caused by unauthorized third parties.

4. Technical Support; Damaged Equipment

Internet Subway technical support shall be limited to services provided by Internet Subway, and any software and/or unmodified hardware we provide. You can reach our technical support staff at 1 (888) 860-0072 or email [email protected].

We will provide on-site troubleshooting for any equipment that is used to provide a connection to your apartment. Before scheduling an on-site service visit, we will communicate basic troubleshooting steps for you to take. Basic troubleshooting steps must be attempted before a visit by a technician will be scheduled. These basic troubleshooting steps are defined by Internet Subway, and can be changed or modified at any time. Refusal of basic troubleshooting steps could result in degraded service or extended outages.

Internet Subway reserves the right to bill for a service call if you refuse to attempt or ignore the basic troubleshooting communicated to you by us and still schedule an on-site visit. If it is determined at the on-site visit that the technical issue was a not a result of faulty Internet Subway-owned equipment or network, then we reserve the right to charge a fee for the visit, and this determination will reside solely with the Internet Subway service manager. Internet Subway also reserves the right to bill for an onsite service call if the equipment we provided was moved, modified or damaged in any way, and this was not disclosed during the basic troubleshooting process. If the equipment was damaged due to neglect you will be billed for the damaged equipment as well.

5. Acceptable Use

You agree not to misuse the Service, which includes using the Service for purposes that are illegal, are improper, infringe the rights of others, or adversely impact others’ enjoyment of the Service. Examples of misuses and prohibited activities are set forth in our Acceptable Use Policy found at iswifi.com/terms-policies, which is incorporated into these Terms. You are responsible for all activity on the Service, whether such activity is undertaken by you or someone else.

6. No Resale

We provide the Service to you solely for your personal use. Reselling or redistribution of the Service in any way is strictly prohibited by these Terms. We reserve the right to charge a minimum of $500 on any subscriber found to be reselling or redistributing the Service in any manner not approved by Internet Subway.

7. Consent to Communications

We may be required to provide certain disclosures, notices and communications (collectively “Communications”) to you in written form. We will deliver such Communications to you in electronic form. Your agreement to these Terms confirms your ability and consent to receive such Communications electronically.
Communications will be considered to be received by you upon delivery in any of the following manners:
• Posting them on our website;
• Posting them on your online account webpage;
• Email them to you at the email address associated with your account; or
• Otherwise communicating them to you via the Service.

To access and retain electronic Communications, you will need to maintain or have access to the following computer hardware and software at your own expense:
• a computer or mobile device with Internet or mobile connectivity;
• a current web browser that includes 128-bit encryption with cookies enabled;
• software capable of opening PDF documents;
• access to the valid email address you used to create your account; and
• sufficient storage space to save Communications or a printer to print them.

By consenting to these Terms, you confirm that you are able to meet the above requirements, and that you can receive, open, and print or save any Communications for your records. You should maintain copies of electronic Communications by printing paper copies or saving electronic copies, as applicable. We reserve the right to terminate your use of the Service if you decline or withdraw consent to receive electronic Communications.

8. Privacy

We take your privacy seriously. You understand and agree that information provided to and collected by us in connection with the Service is subject to our Privacy Policy found at iswifi.com/terms-policies.

9. Network Management

We use various network management techniques to protect our network, systems, equipment, services and users from harm, ensure reliable, quality services to our users, and improve our services. Please see the Network Management Practices found at iswifi.com/terms-policies for more information.

10. Copyright Issues

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

11. Disputes

If there’s a disagreement, we’ll both agree to try to settle it first by talking to each other in good faith. We’re always open to hear your possible solutions and we want to work together. That said, whatever efforts are made to settle a disagreement amicably, no one forfeits any of the rights set forth in this document by those efforts. If we are unable to resolve an issue within 90 days after first contact about that issue, WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THESE TERMS OF SERVICE, OUR SERVICES, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION. THE ARBITRATOR MUST FOLLOW THESE TERMS OF SERVICE. In addition, either party may seek an injunction or other equitable relief for breaches or threatened breaches of these Terms of Service in order to prevent irreparable injury or preserve the status quo. This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. sections 1-16.

Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS AFTER YOUR FIRST USE OF OUR SERVICE. You must opt out by this deadline for each service. You may opt out of this arbitration agreement by calling 1 (888) 860-0072 . Any opt-out received after this deadline will not be valid and you must pursue your claim in arbitration.

If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or we may start arbitration proceedings by sending the other a letter requesting arbitration and describing the claim to begin arbitration. The American Arbitration Association (“AAA”) will arbitrate all disputes. For claims less than $1,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. In the event that AAA is unable to handle the arbitration for any reason, then the matter shall be arbitrated by a neutral arbitrator selected by agreement of the parties, pursuant to the AAA rules of procedure. We will pay any costs that are required to be paid by us under the AAA rules. We will also pay any fees of the arbitrator and the arbitration administrator for the first two days of any hearing. If you win the arbitration, we will reimburse you for any fees you paid to the arbitration organization and/or arbitrator. All other fees will be allocated according to the AAA rules. If you are unable to afford any fees that you would otherwise be required to pay, you may request that we pay or reimburse them, and we will consider your request.

CLASS ACTION WAIVER. WE EACH AGREE NOT TO (1) SEEK TO PROCEED ON ANY CLAIM IN ARBITRATION AS A CLASS CLAIM OR CLASS ACTION OR OTHER COMPARABLE REPRESENTATIVE PROCEEDING; (2) SEEK TO CONSOLIDATE IN ANY ARBITRATION ANY CLAIMS INVOLVING SEPARATE CLAIMANTS, UNLESS ALL PARTIES AGREE; (3) BE PART OF, OR BE REPRESENTED IN, ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE; NOR (4) SEEK ANY AWARD OR REMEDY IN ARBITRATION AGAINST OR ON BEHALF OF ANYONE WHO IS NOT A NAMED PARTY TO THE ARBITRATION. IF THESE TERMS RELATING TO CLASS OR REPRESENTATIVE PROCEDURES ARE LEGALLY UNENFORCEABLE FOR ANY REASON, THEN THIS AGREEMENT TO ARBITRATE WILL BE INAPPLICABLE TO THAT CLAIM, AND THAT CLAIM WILL INSTEAD BE HANDLED THROUGH LITIGATION IN COURT RATHER THAN BY ARBITRATION. NO ARBITRATOR SHALL HAVE AUTHORITY TO ENTERTAIN ANY CLAIM ON BEHALF OF A PERSON WHO IS NOT NAMED PARTY, NOR SHALL ANY ARBITRATOR HAVE AUTHORITY TO MAKE ANY AWARD FOR THE BENEFIT OF, OR AGAINST, ANY PERSON WHO IS NOT A NAMED PARTY.

JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, (a) WE EACH WAIVE THE RIGHT TO HAVE A TRIAL BY JURY, and (b) any court case will be subject to the exclusive jurisdiction of the federal or state courts located in the federal judicial district that includes your address at the time the arbitration is filed, unless the parties agree otherwise.

12. Our Disclaimers

We provide the Service using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about the Service.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES

Our Service

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INTERNET SUBWAY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION GIVEN BY INTERNET SUBWAY OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.

Our equipment

CERTAIN EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES, WHICH MAY BE PASSED THROUGH INTERNET SUBWAY TO YOU AT NO ADDITIONAL CHARGE. INTERNET SUBWAY WILL COMPLY WITH ALL REASONABLE REQUIREMENTS NECESSARY TO AFFECT THE PASS-THROUGH OF THE WARRANTY TO YOU. AT ITS SOLE OPTION WITHIN THE INITIAL TERM, INTERNET SUBWAY OR ITS AGENT MAY REPLACE A DEFECTIVE MODEM OR OTHER CPE DEVICE ON BEHALF OF THE MANUFACTURER, PROVIDED YOU FOLLOW ALL APPLICABLE PROCEDURES AND OBTAIN A RETURN MATERIALS AUTHORIZATION (RMA) NUMBER. THIS WARRANTY DOES NOT COVER DEFECTS RESULTING FROM ACTS OUTSIDE OF INTERNET SUBWAY’S CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR MODIFICATION BY ANYONE OTHER THAN INTERNET SUBWAY OR ITS CONTRACTOR. INTERNET SUBWAY RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME.

13. Liability for Our Service

INTERNET SUBWAY AND IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, INTERNET SUBWAY CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A SERVICE PERIOD.

INTERNET SUBWAY SHALL HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES; THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK,TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS,AND USEFULNESS OF ALL SERVICES, PRODUCTS,AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF INTERNET SUBWAY, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST INTERNET SUBWAY IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE.YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

14. Changes to These Terms

We may modify these Terms to, for example, reflect changes to the law or changes to our Service. You should look at the Terms regularly. We’ll post notice of modifications to these terms on this page by indicating the date the Terms are last modified. Notice of any revision, amendment, or modification will be posted on the company’s Website (iswifi.com) and/or on your start pages and/or by email and/or in our various publications and mailings to you. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

Privacy Policy

The Link Internet, LLC DBA The Internet Subway (“we”, “our”, “us”, “Internet Subway”) collects certain information from users (“you”, “your”) of its Internet access service (“Service”) and visitors to its website, and uses that information in connection with its provision of the Service. This policy describes what information we collect, how we use it, and how you can opt-out.

1. We collect the following information as part of our provision of the Service:

• Contact Information such as name, email address, mailing address, phone number.
• Unique Identifiers such as user name, account number and password, and unique device identifiers such as MAC Addresses.
• As is true of most Web sites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system.

2. We use the information collected as follows:

• Create and update your account.
• Send you requested product or service information.
• Respond to customer service requests.
• Administer your account.
• Manage and improve our network and website.
• Send you marketing communications.
• Improve our website and marketing efforts.
• Conduct research and analysis.
• Respond to your questions and concerns.

We may disclose your personal information, without prior notice to you, only if required to do so in accordance with applicable laws and/or in a good faith belief that such action is deemed necessary or is required in an effort to comply with applicable law and or to maintain, safeguard and/or preserve all the rights and/or property of Internet Subway. We do not now, nor will we in the future, sell, rent or lease any of our customer lists and/or names to any third parties.

3. Unsubscribe or Opt-Out:

All users and/or visitors to our website have the option to discontinue receiving communication from us and/or reserve the right to discontinue receiving communications by way of email or newsletters. To discontinue or unsubscribe to our website please send an email that you wish to unsubscribe to [email protected]. If you wish to unsubscribe or opt-out from any third party websites, you must go to that specific website to unsubscribe and/or opt-out.

4. Children Under Age of 13

All users and/or visitors to our website have the option to discontinue receiving communication from us and/or reserve the right to discontinue receiving communications by way of email or newsletters. To discontinue or unsubscribe to our website please send an email that you wish to unsubscribe to [email protected]. If you wish to unsubscribe or opt-out from any third party websites, you must go to that specific website to unsubscribe and/or opt-out.

5. Links to Other Websites

Our website does contain links to affiliate and other websites. Internet Subway does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of each and every website that collects personally identifiable information.

6. Security

Internet Subway works to maintain adequate physical, procedural, and technical security with respect to our offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure or modification of the users’ personal information under our control.

Internet Subway uses Secure Socket Layer (SSL) for authentication and follows strict PCI compliance standards which provide secure access and communication of credit card and personal information. PCI compliance is adherence to a set of standards for credit card security and protection set by the PCI SSC. These standards were created to ensure a secure environment for any business that processes cardholder data.

As part of our effort to continually improve our services and security, Internet Subway performed a security audit which included penetration studies on our external networks. The result was a comprehensive report outlining the primary security controls outlined within CIS 18 standards. As the name suggests, the CIS 18 is a list of 18 primary security controls organized by activity. It is designed to measure an organization’s level of maturity as compared to a set of recommended standards.

7. Changes to Privacy Policy

Internet Subway reserves the right to update and/or change the terms of our privacy policy, and as such we will post those change to our website homepage at iswifi.com, so that our users and/or visitors are always aware of the type of information we collect, how it will be used, and under what circumstances, if any, we may disclose such information. If at any point in time Internet Subway decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether or not to permit the use of their information in this separate manner.

8. How to Contact Us

If you have any questions or concerns regarding the Privacy Policy Agreement related to our website, please feel free to contact us at the following email, telephone number or mailing address.
Email: [email protected]
Telephone Number Support/ Events: 1 (888) 860-0072
Mailing Address: 209 Madison St. 4th Floor, Alexandria, VA 22314