DIRECWAY offered through DIRECTV Additional Terms & Conditions

Fair Access Policy

• To ensure equal Internet access for all DIRECWAY® subscribers, Hughes Network Systems maintains a running average fair access policy. Fair access establishes an equitable balance in Internet access across Satellite broadband services by service plan for all DIRECWAY customers regardless of their frequency of use or volume of traffic. To ensure this equity, customers may experience some temporary throughput limitations. DIRECWAY Internet access is not guaranteed. This policy applies to all service plans including "Unlimited" plans where customers' use of the Service is not limited to a specific number of hours per month.
  
  DIRECWAY® system usage data indicates that approximately 5% of subscribers are responsible for a disproportionate share - often as much as half - of the total DIRECWAY service traffic. Unfortunately, many of those subscribers are not using DIRECWAY for its intended purpose.
  
  To ensure that all DIRECWAY subscribers have fair and equal access to the benefits of the Satellite broadband service, DIRECWAY has enacted a Fair Access Policy (FAP) to prevent abusive consumption of bandwidth by a handful of users.
  
  FAP is straightforward: based on an analysis of usage data, Hughes Network Systems has established a DIRECWAY usage threshold well above the maximum typical usage rates. When a customer exhibits patterns of system usage which exceed that threshold for an extended period of time, the FAP may temporarily limit that subscriber's throughput to ensure the integrity of the system for all DIRECWAY subscribers.
  
  Typically, the restrictions will be lifted within 8-12 hours of the original application of the FAP if the customer's usage in this period stays below the FAP threshold.
  
  For example, you may experience FAP if the cumulative requested downloads in a relatively short time period (1-4 hours) exceeds 169 MB* (megabytes). An example of what can be downloaded within 169 MB* would be a software application such as Microsoft Internet Explorer or Adobe Acrobat. Normal Internet surfing, on the other hand, generates small downloads for each Web page viewed. For example, an hour of surfing can generate 1-10 MB of download activity depending on the content being surfed - well below the amount required to trigger FAP.
  
  Subscribers are likely to avoid the limitations imposed by the FAP if their use is typical of the majority of Internet users and consists of Web surfing and a reasonable amount of downloading.
  
  * From 2:00 AM to 5:00 AM ET, off-peak threshold is 225 MB

Legal Disclaimer

• DIRECWAY broadband and DIRECTV television services, hardware, and installation sold separately. DIRECWAY service is not available in Alaska & Hawaii, and its usage is subject to the Fair Access Policy. Actual speeds vary based on the amount of traffic on the Internet, content on a particular Web site or by the overall performance and configuration of your computer. Stated speeds are not guaranteed. Visit DIRECTV.DIRECWAY.com for more information. Accessing DIRECTV programming and DIRECWAY services from a single dish requires the purchase of additional hardware. Professional Installation is required. A phone line is needed to activate your account and may be needed for occasional troubleshooting. Monthly service fees apply; one-year commitment required. If you terminate service prior to the expiration of the 12 month commitment, you will owe and your credit card will be charged an Early Termination Fee of $300. In addition, if you select Option #2 and you terminate early, you will owe a Supplemental Termination Fee of $400. ACTIVATION OF DIRECTV PROGRAMMING MAY BE SUBJECT TO CREDIT APPROVAL AND REQUIRES VALID SERVICE ADDRESS, SOCIAL SECURITY NUMBER AND/OR MAJOR CREDIT CARD. DEPOSIT OR PREPAYMENT MAY BE REQUIRED. Offer may not be valid in the limited areas served by members or affiliates of the National Rural Telecommunications Cooperative (NRTC). Programming, pricing, terms and conditions subject to change. Hardware and programming sold separately. Pricing is residential. Programming fee for each additional receiver $4.99/mo. if all receivers continuously connected to the same land-based phone line. Taxes not included. DIRECTV services not provided outside the U.S. Receipt of DIRECTV programming is subject to the terms of the DIRECTV Customer Agreement; a copy is provided at DIRECTV.com and in your first bill.

© 2002 Hughes Network Systems. Hughes Network Systems (d.b.a. "HUGHES"), DIRECWAY, DIRECWAY Offered through DIRECTV are units and/or registered trademarks of Hughes Electronics Corp. ©2002 DIRECTV, Inc. DIRECTV and the Cyclone Design logo are trademarks of DIRECTV, Inc., a unit of Hughes Electronics Corp.