KerNet Open Internet Access Disclosures.
The Regulation (EU) n°2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access, (the “Regulation”); require providers of internet access service, including KerNet, to provide its customers with certain disclosures, which such disclosures are hereby integrated as part of our Customer Service Agreement however these disclosures do not materially change any term of the Customer Service Agreement.
KerNet practices net neutrality. KerNet treats all traffic equally, without discrimination, restriction or interference, and irrespective of the sender and receiver, the content accessed or distributed, the applications or services used or provided, or the terminal equipment used. Customers have the right to access and distribute lawful information and content, use and provide applications and services, and use terminal equipment of their choice, as long as the equipment is technically compatible with the applicable service interface, irrespective of the Customer’s or KerNet’s location or the location, origin or destination of the information, content, application or service.
KerNet does not prioritise packet transmissions based on the content of the packet, the customer or network that is the source of the packet, or the customer or network that is the recipient of the packet. Where there are network problems such as congestion at interconnection points, on wireless links or fibre cuts, KerNet implements automated reasonable traffic management measures that will go in effect only during such congestion or fibre cuts to minimize harm to the users of our network. Such measures are transparent, non-discriminatory and proportionate, do not monitor the specific content, are only maintained as long as they are necessary and are not based on commercial considerations, but on objectively different technical quality of service requirements of specific categories of traffic. The restrictions of the Services may impact the quality of the Services and, in particular, may consist of limitation of the speed, volume, latency, bandwidth, jitter, packets transmitted and/or impact other parameters of the Services, which may for as long as necessary lead to extend downloading or uploading time and reduce the Customer’s possibility to access internet or use content, applications and services over the internet. KerNet also has certain contractual rights to restrict, suspend or terminate Customer’s use of or access to a Service for specified breaches. Customer recognizes that the internet consists of multiple participating networks that are separately owned and not subject to KerNet’s control. The services may be temporarily or permanently unavailable due to malfunction of, or cessation of, internet services by network(s) or internet service providers not subject to KerNet’s control. Also, the speed of Customer’s service may be impacted by inherent technological limitations of other network providers that are not subject to KerNet’s control, such as insufficient size of interconnection points in control of other internet service providers.
KerNet does not engage in traffic management measures going beyond those set out above, and in particular KerNet does not block, slow down, alter, restrict, interfere with, degrade or discriminate between specific content, applications or services, or specific categories thereof, except as necessary, and only for as long as necessary, in order to:
(a)comply with European Union legislative acts, or national legislation that complies with European Union law, to which the KerNet is subject, or with measures that comply with European Union law giving effect to such European Union legislative acts or national legislation, including with orders by courts or public authorities vested with relevant powers;
(b)preserve the integrity and security of the KerNet network, of services provided via the KerNet network, and of the terminal equipment of Customers;
(c)prevent impending network congestion and mitigate the effects of exceptional or temporary network congestion, provided that equivalent categories of traffic are treated equally.
KerNet reserves the right to amend these Open Internet Access Disclosures at any time, effective upon posting on the KerNet website.