Rico Network Management Disclosure

Pursuant to the Open Internet Order issued by the Federal Communication Commission (“FCC”), Rico telephone, is required to disclose Network Management practices in order to provide transparency to our customers. However, this disclosure is not meant to replace or alter any terms of service as provided in any contract or notices supplied by Rico telephone.  Specifically, the FCC rule states:

A person engaged in the provision of broadband Internet access service shall publicly disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband Internet access services sufficient for consumers to make informed choices regarding use of such services and for content, application, service, and device providers to develop, market, and maintain Internet offerings.

These disclosures apply only to residential and non-customized small business Internet Services.

Rico is committed to providing its Internet services as an open platform for economic growth, competition, entertainment, investment, and innovation. It does not block any lawful content, applications, services, or your use of non-harmful devices, or discriminate in transmitting lawful network traffic.

Performance Characteristics

Core Network/Service Description: Rico provides broadband. This service is connected to redundant Internet access circuits obtained from carriers in Colorado.

Internet Speeds: Rico markets and provides the speeds listed on its website found at www.ricotelephone.com . Rico uses its best effort to provide the purchased speeds. If Customers have issues with their speed, they can call technical support at no charge. The following variables (which are often out of Rico’s control) can affect actual speeds experienced by customers:

Network Capacity:

Customer Equipment: Performance of a customer’s computer, including its age, processing capability, its software, the number of applications running simultaneously, and the presence of any spyware, viruses, etc.

Path: The distance, paths, and networks packets travel between a customer’s computer and their final destination on the Internet. Packets may travel across multiple and various providers and the limitations of those networks can affect the overall speed.

Congestion or Website Limitations: If a large number of visitors are accessing a site or particular destination at the same time, your connection will be adversely affected if the site or destination does not have sufficient capacity to serve all of the visitors efficiently. Also, some websites limit speeds at which visitors can download from their sites.

Modem/Router/Gateway: The performance of the modem/router may degrade over time. Sometimes the modem/router needs to be restarted or have the software updated.

Network Practices

Congestion Management Practices: Congestion is an Internet service problem that can slow web browsing, downloading and other activities of the customers during certain peak usage periods. Rico telephone monitors and proactively reinforces our network with additional capacity in areas where congestion is identified.

If acute network congestion occurs, Rico employs various techniques to ensure a positive customer experience and fair distribution of network resources. Our network management techniques include ensuring that customer systems are not propagating viruses or distributing spam email, – i.e. by preventing virus/spam delivery to customer email accounts. In some cases, we may limit the number of customers that may be served on a particular network node until additional capacity can be added. We also seek to monitor and identify which customers are using the greatest amount of bandwidth during periods of heavy congestion, and to contact those “high volume customers” to work out a solution to the problem.

Rico reserves the right to manage, temporarily, the Internet traffic of “high volume customers” during periods of significant congestion until such periods of congestion pass. The temporary traffic management will be accomplished by technically and commercially feasible methods. Affected “high volume customers” will still be able to access the Internet and engage in any and all on-line activities; however, during periods of heavy congestion, they may experience longer download and upload times, slower web surfing, and slower movements during on-line gaming.

Customers should note that any temporary traffic management practices employed by Rico telephone will impact only identified and notified “high volume customers” during periods when congestion problems are experienced, and will not be based upon the types of content, applications, services, or devices such customers use.

Application Specific Behavior Practices: Rico does not favor or inhibit certain applications or classes of applications. Customers may use any lawful and commercially available application which they desire.

Rico telephone does not normally monitor the contents of the traffic or applications of its customers. It undertakes no obligation to monitor or investigate the lawfulness of the applications used by its customers. If any party contacts Rico with a substantial allegation that an application being used by a customer is unlawful, Rico will investigate the matter (including consultation, as it deems appropriate, with attorneys, consultants, federal or state regulators, and/or federal, state or local law enforcement agencies), and will take appropriate actions to deal with the use of applications that are demonstrated to be unlawful.

Customers may occasionally develop their own applications, or modify commercially available applications. Rico will not prohibit the use of customer-developed or modified applications unless there is a reasonable belief that such applications will cause harm to its network. The Company does not block or rate-control specific protocols or protocol ports. The Company does not modify protocol fields in ways that are not prescribed by the applicable protocol standards.

Device Attachment Rules: Rico telephone encourages its customers to secure any wireless networks. Such wireless networks are susceptible to outside usage, which may violate customers’ privacy, slow down customers’ usage of the Internet, or otherwise harm customers. Rico is not responsible for the security of such networks, even if such wireless network is across a modem/router provided by Rico. Customers use such networks at their own risk.

Security Practices: Rico does not normally monitor the traffic of its customers. It undertakes no obligation to monitor or protect such customer traffic from spam, viruses, denial-of-service attacks, or other malicious, unlawful or unwanted activities.

Rico recognizes that customers can purchase spam filtering and anti-virus software from commercial vendors to meet their needs. Rico may, from time to time, offer anti- spam and/or anti-virus software or services to customers. Customers are free to obtain anti-spam and/or anti-virus software or services from any source they desire, as long as such software or services do not disrupt or degrade the traffic of other customers or harm the network.

A customer that is subjected to a denial-of-service attack, or similar malicious, unlawful or unwanted activity, is urged to notify Rico as soon as possible. Rico will work with the customer, other service providers, federal and state regulators, and/or law enforcement to determine the source of such activity.  Rico will take appropriate technical and reasonable fiscal efforts to address the matter.

Rico telephone employs commercially appropriate security procedures to protect its network and its customer records from unauthorized access by third parties. Rico does not guarantee that it can protect customers from any and/or all security breaches.

Commercial Terms

Pricing Terms and Conditions: Rico offers different tiers and levels of service at different prices, and changes these from time to time.

Rico does not impose usage-based fees upon certain tiers or levels of its service. Rico may impose fees for early termination of services. Customers should refer to their contract.

Privacy Policy: As indicated above, Rico network management practices do not generally entail inspection of network traffic. Rico retains and stores certain traffic information (such as the identity of the customer using a particular IP address during a specific period) for time periods required by federal or state law.

Rico retains, stores and provides to law enforcement any traffic information requested pursuant to the procedures of the Communications Assistance for Law Enforcement Act (“CALEA”), the Foreign Intelligence Surveillance Act (“FISA”) or other applicable national security or criminal statutes.

Rico does not collect, store or use traffic information to profile its customers in order to sell additional services to them, or for similar non-network management purposes.

Customers are encouraged to review the full Privacy Policy on its website at: www.ricotelephone.com.

Usage of Network

Rico is responsible for providing quality service to all of its customers. Therefore, Rico reserves the right at any time to adjust rates and prices upon notice to its customers. Further, Rico reserves the right to limit service to any customer that Rico determines in its sole discretion is negatively affecting the network or other customers. Rico may take corrective actions (including but not limited to termination of service) for customers who have violated any term of use or have engaged in practices that could harm the network or other customers’ utilization of Rico services. Further, use of Rico’s network for illegal or inappropriate actions is prohibited.

Otherwise, Rico does not engage in any network management practices, target specific types of traffic based on their technology or their provider, modify protocol fields in ways not prescribed by the protocol standard, inhibit or favor certain applications or classes of applications, or block or manage any specific protocols or protocol ports. However, Rico may block port 25 traffic if it determines that it threatens the overall use of its network.

Rico Telephone is an equal opportunity provider and employer.

If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Form, Found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at [email protected]