Open Internet Statement

Sarver Corporation. Consumer Broadband Disclosure

Sarver Corporation. (‘we,” or ‘us’) is committed to a free and open Internet. At the same time, we are committed to an excellent customer experience, and we may engage in reasonable network management practices on our Defy Mobile broadband Internet access services and devices (the ‘Services’). Below, we describe our network management practices, performance characteristics, and terms and conditions of our Services. Our description of these network management practices – and those of our underlying carrier, T-Mobile (‘Underlying Carrier’) – are for informational purposes only and are subject to change at any time. Please check back regularly for updates.

Congestion Management. Defy Mobile is a reseller of its Underlying Carrier’s mobile broadband Internet access network. That means that once your data leaves a Defy Mobile device, it flows over our Underlying Carrier’s network to the public Internet. As a reseller, we do not actively manage network congestion across our Underlying Carrier’s network. However, your data may be subject to our Underlying Carrier’s network management and open Internet practices, which are available here and may be updated at any time.

Management of Your Defy Mobile Service. While we do not manage the transmission of your data across our Underlying Carrier’s network, we may otherwise manage a customer’s experience of our Services. We do not block or throttle the use of any legal content, applications, or services that you choose to access through an Defy Mobile device without your consent, as long as your use of our Services does not violate our Terms and Conditions.

Application-Specific Behavior. Defy Mobile does not block or throttle non-harmful, legal applications or websites you may visit when using our Services, subject to reasonable network management, or engage in ‘paid prioritization.

Privacy and Security. Your privacy and security are very important to us. We employ reasonable physical, electronic, and procedural safeguards to protect your personal information when you access the Internet using our Services. In addition, we take reasonable steps to protect your personal information from unauthorized use, access, or disclosure. However, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be safe from intrusion by others, such as hackers. For more information about our privacy and security practices, you can view our Privacy Policy.

Performance Characteristics. Defy Mobile offers mobile broadband Internet access service using its Underlying Carrier’s LTE and 3G networks. These networks are designed to be suitable for real-time applications, including voice and video applications. However, actual network experience may vary depending on a variety of technical, geographic, environmental, and other factors.

Speed, as used here, means the average rate at which data packets are successfully delivered to their destination on the communications network. Latency, as used here, is the time that a data packet takes to travel from one point to another on the Internet, expressed in terms of round-trip time. Typical speeds – expressed in kilobits per second (‘kbps’) or megabits per second (‘Mbps’) – and round-trip latency – expressed in milliseconds (‘ms’) – are as follows: up to 1400 kbps download speed, 350 – 500 kbps upload speed, and 160 ms latency.

Defy Mobile may advertise speeds and latency up to maximum speeds expected to be achieved through the device over our Underlying Carrier’s networks. Several factors – including capacity constraints, network availability, environmental conditions, your device, whether you are tethering from a separate device, or the network management practices of our Underlying Carrier – may impact the actual speed and latency that you experience at any given time.

Traffic Information. We may monitor traffic for our own internal purposes, including, but not limited to, billing, internal metrics, and first-party marketing purposes as permitted by law. We do not monitor traffic information through deep-packet inspection. We do not share any traffic information with unaffiliated third parties for non-network management purposes without your consent.

Commercial Terms. Defy Mobile offers a number of attractive broadband Internet access service plans and top-ups to its customers. Data associated with monthly plans and top-ups expire after 30 days or in other limited circumstances (e.g., a bankruptcy or sale of the company or if your Service is terminated for any reason). A customer can add data at any time. After a customer has used all of his or her data, he or she may continue to access the Internet using third-party Wi-Fi networks, but will not be able to use Defy Mobile’s mobile broadband Internet access service until his or her data is reloaded on the following month, or he or she purchases additional top-up data. For more information, review Defy Mobile’s Terms and Conditions.

Redress. For general customer inquiries and complaints, please contact us by calling customer service.

Defy Mobile’s Customer Service department is available:
Monday – Friday 9:00 AM – 5:30 PM PST
legal@defymobile.com
(855) 994-2491