Fair Use Policy

As part of our continuing effort to provide the best experience to all of our customers, Naked Mobile has created this Fair Use Policy.  This Fair Use Policy states important requirements regarding your use of the Naked Mobile service. This Fair Use Policy also discloses information about Naked Mobile’s network performance, network management practices, and network security.  You should read this carefully as it contains important information.  Naked Mobile may revise this Fair Use Policy from time to time by posting a new version of this document on www.nakedmobile.com/fair-use-policy  or any successor URL(s).  All revised copies of this Fair Use Policy are effective immediately upon posting.  Accordingly, customers should regularly visit the Naked Mobile Website. At Naked Mobile, our goal is to give each customer the fastest service possible at the best value.  We are always striving to develop programs and policies to make that possible.  Our Fair Use Policy is designed to help ensure the best speeds for the vast majority of our customers, while minimizing any inconvenience caused by our network management practices.  To ensure that all customers have equitable access to the Naked Mobile network, Naked Mobile has established usage levels that limit the amount of data that a customer can upload and download within stated periods of time, as described further below. Unlimited Plans:  If you subscribe to rate plans, services or features that are described as unlimited, you should be aware that such “unlimited” plans remain subject to Naked Mobile’s excessive use, and disproportionate roaming, and Fair Use Policy. If user’s usage of the services (including unlimited plans of any kind) on other carriers’ networks (roaming or off-network usage) is greater than fifty percent (50%) during any two months during a 12-month period, measured from the start date of a user’s agreement, Naked Mobile may at its option terminate user’s wireless service. Except with a Naked Mobile Tethering rate plan or feature, you may not use a phone (including a Bluetooth phone) as a modem in connection with a computer, PDA, or similar device. A violation of this policy is grounds for termination of your service without notice in Naked Mobile’s sole discretion. Approximate Data Usage Examples:  Basic information and examples showing the approximate data usage for several common Internet activities appear below. Use Approximate Size: E-mail (1 text page without attachments):   3 KB Based on this assumption, you would need to send and/or receive approximately 699,050 e-mails in a month to reach 2 GB Word Document (5 text pages):   70 KB Based on this assumption, you would need to download approximately 29,959 Word Documents in a month to 2 GB Web Page:   100 KB Based on this assumption, you would need to look up approximately 13,981 web pages in a month (or over 1,000/day) to reach 2 GB Digital Photo:   500 KB Based on this assumption, you would need to download approximately 4,194 low resolution digital photos in a month to reach 2 GB PowerPoint Presentation (20 pages text & light graphics):   3 MB Based on this assumption, you would need to download approximately 6821 PowerPoint presentations in a month to reach 2 GB One hour of standard music streaming:   60 MB Based on this assumption, you would need to download approximately 34 hours and 0 minutes of standard music streaming to reach 2 GB Note:  The above examples are just estimates, based on approximate size assumptions.  Actual file sizes and user experiences will vary. Network Performance:  The actual speeds that you experience can vary depending on a number of factors, including the type of device you are using, the websites or applications you are accessing, the time of day, network congestion, and other factors in the transmission path from your device to the Internet endpoint that you are accessing.  You may also experience slower network speeds if a cell tower or area is experiencing more data usage than normal, which overburdens that tower or area.  Coverage limitations may also affect your actual network speed.  Coverage can be affected by such things as terrain, weather, foliage, buildings, signal strength, customer equipment and other factors.  Coverage indoors may also vary. Naked Mobile estimates that the typical Naked Mobile network speed range is 144kbps to 14.4mbps  for 3G service.  These estimated ranges are based on field measurement data collected by Naked Mobile.  In addition to the performance factors identified above, network performance may vary based on “roundtrip latency,” which refers to the average time for a data packet to travel from your device to an Internet destination and back again.  Naked Mobile estimates that the roundtrip latency is 250 to 1000 ms for 3G service.  The above speeds and latency figures are approximations only. Network Management and Security:  To help ensure equitable access to the Naked Mobile network for all customers, Naked Mobile has implemented some network management practices.  Naked Mobile has implemented optimization and transcoding technologies to more efficiently transmit data.  These techniques include caching data, delivering content “just in time,” compressing data, and re-sizing video for the device, which may affect the appearance of the content being displayed. To ensure that peer-to-peer traffic does not unreasonably hamper our customers’ ability to access the Internet, we limit the aggregate bandwidth available to transmit peer-to-peer traffic to one percent of total available bandwidth during that period of peak usage.  As a result of this aggregate bandwidth limitation, customers seeking to send or receive peer-to-peer traffic during the period of peak usage may experience significantly slower throughput speeds compared to other types of traffic.  Although, as noted above, a wide variety of factors will determine actual speeds in any given instance, the actual speeds for peer-to-peer traffic during the period of peak usage may fall below 300 to 700 kbps for 3G service. Naked Mobile allows use of all GSM devices that are programmed to operate on the Naked Mobile network, that receive a Naked Mobile signal, and that have paid for service to be activated on the Naked Mobile network.  Except with a Naked Mobile Tethering rate plan or feature, you may not use a phone (including a Bluetooth phone) as a modem in connection with a computer, PDA, or similar device.  Tethering your device in violation of this Policy is grounds for termination of your service without notice in Naked Mobile’s sole discretion.   Naked Mobile’s network management practices are agnostic to the content that traverses its network and to the websites that provide that content.  Notwithstanding the foregoing, Naked Mobile may block traffic that violates its Fair Use Policy. The FCC has indicated that service providers offering “specialized services,” which share bandwidth with broadband Internet access services but provide distinct functionalities, must describe the impact of such services on the performance of your broadband Internet access service.  Although the FCC has not defined the term “specialized services,” point to point Internet service, or tethering, could be considered examples of such a service. Naked Mobile designs and manages its network in a manner intended to enable the delivery of quality service regardless of the specific applications you are enjoying at any given time.  Nevertheless, as with any service that makes use of shared network capacity, it is possible that heavy use of, including but not limited to, file transfers, online gaming, streaming during periods of network congestion or simultaneous heavy use of Internet access could impact the throughput speed at which online content is delivered to your device.  Naked Mobile monitors network usage and seeks to augment capacity as necessary to enable customers to use all of our services with minimal adverse impacts from network congestion. Service is subject to the Naked Mobile service agreement which you should read before activating service.  For Naked Mobile’s Privacy Policy go to www.nakedmobile.com.   For a list of current rate plans go to www.nakedmobile.com.