Fair Use Policy

FAIR USE POLICY FOR MOBILE AND DATA SERVICE

Subscriber’s use of the Service is subject to the following rules and guidelines contained in this policy. This policy is designed to ensure that Subscriber’s use of the Service does not break any law, hinder the efficient operation of Service Provider’s network, and interfere with the rights of other subscribers and other internet users.

Subscriber shall be responsible for ensuring that his/her use of the Service and internet account (if any) complies with this policy. Subscriber shall also be responsible for any use of the Service by any person who gains access to the Service or Subscriber’s internet account (if any)even if such access and use was done with or without Subscriber’s knowledge or consent.

Should Subscriber become aware of any violations of this policy by other subscribers, Subscriber should contact Service Provider at Service Provider’s Customer Service Hotline or via the contact form on the website.

FAIR USE POLICY FOR UNLIMITED CALLS

The unlimited offer is intended for personal use only and is subjected to the Fair Use Policy. We reserve the right to terminate/suspend promo subscription/s that violates this policy. This policy prevents network abuse, allowing us to fully optimize network capacity and maintain the quality of our services for you, our valued customer. The policy rules are based on the outgoing and incoming phone call traffic. At least three of the following four sentences should be respected to qualify the usage as fair for personal use:

A. Outgoing phone calls traffic not exceeding 160 minutes per day;

B. Outgoing phone calls traffic not exceeding 1250 minutes per month;

C. Outgoing phone calls traffic to a single Country not exceeding the 80% of the total outgoing phone calls traffic;

D. Outgoing to incoming call ratio not exceeding 4.

FAIR USE POLICY FOR UNLIMITED DATA

The unlimited offer is intended for personal use only and is subjected to the Fair Use Policy. We reserve the right to terminate/suspend promo subscription/s that violates this policy. This policy prevents network abuse, allowing us to fully optimize network capacity and maintain the quality of our services for you, our valued customer. Specifically, we reserve the right to terminate/suspend the sim card if:

– the daily usage reaches 5GB

– the monthly usage reaches 100GB

In order to grant the Quality of Service to all the customers, we also reserve the right to limit the speed of the connection of the single customers when detecting high consumption of the network resources by a single/limited numbers of customers.

ILLEGAL OR PROHIBITED ACTIVITIES

In order to grant the Quality of Service to all the customers, we also reserve the right to limit the speed of the connection of the single customers when detecting high consumption of the network resources by a single/limited number of customers.

IPTV and generally video streaming usage is not allowed when using Unlimited plans, in order to don’t saturate the resources available for all the customers. Short videos playing on Social Networks are not restricted.

Subscriber agrees to use the Service only for the purpose agreed under this Agreement. Subscriber must not use the Service for any Prohibited Activity/ies, whether local or international. “Prohibited Activity/ies” include (but are not limited to) the use of the Service for:

(i) Any activity constituting cybercrime offenses under applicable law;

(ii) Any of the following activities:

(a) Using the Service to obtain or attempt to obtain unauthorized access to any computer, system or network; Accordingly, if Subscriber does not have authorization, Subscriber must not (nor attempt to): (i) access, monitor or use any data, systems or networks, (ii) probe, scan or test the vulnerability of a system or network, (iii) breach any security or authentication measures for a system or network, (iv) access the account or private information of any other person or entity, (v) access any server in violation of any acceptable use policy of that server.

(b) Using (or attempting to use) or distributing tools designed to compromise security including, but not limited to, password guessing programs, cracking tools, packet sniffers or network probing tools;

(c) Knowingly transmitting or disseminating any information or software which contains a virus or other harmful feature;

(d) Using (or attempting to use) the Service in a manner that may interfere with the technical operation of the Service or any other computer system, network or telecommunications services, including (but not limited to) denial of service attacks, flooding of a network, overloading a Service, improper seizing and abuse of operator privileges and attempts to ‘crash’ a host; or

(e) interfering (or attempting to interfere) with the regular workings of Service Provider’s systems or network connections.

(iii) Accessing, posting, reproducing or disseminating content which may be identified or classified as contrary to law, regulation, industry code of practice, good customs, public morals, or public policy, including, without limitation, content/material containing (a) excessive physical and/or sexual violence, implied or simulated sexual activity, or materials which deal with issues or contain depictions that require an adult perspective, (b) detailed instruction in crime, violence or drug use, child pornography, bestiality, excessive violence or sexual violence, and/or (c) real depictions of actual sexual activity or criminal activities;

(iv) Accessing, posting, producing, reproducing, or disseminating content which violates the copyright or other intellectual property rights of other persons/entities. You assume all risks regarding the determination of whether such infringing material is in the public domain;

(v) Accessing, posting, reproducing or disseminating content that defames, harasses or abuses any person or violates any data protection or privacy law or regulation;

(vi) Any fraudulent activity, multi-level marketing scheme, pyramiding scheme or other illegal soliciting schemes;

(vii) Any other fraudulent activity punishable by law, including impersonating any person or entity or forging anyone else’s digital or manual signature; and/or

(viii) Any activity that constitutes a Bypass or Simple Resale. These are activities where a subscriber resells or uses the Service in violation of existing laws for an illegal purpose or uses the Service as part of ringback, dial-back, or similar operation, or avails of ringback, dial-back, or similar services utilizing the Services provided to subscribers.

SECURITY

Subscriber shall be responsible for any misuse of the Service, as set out in the preceding clause and shall take reasonable steps/precautions to ensure that unauthorized persons do not gain access to the Service and Subscriber’s Internet account (if any).

Subscriber shall be solely responsible for the security of any device he/she chooses to connect to the Service including any data stored on that device. Subscriber shall have full control and responsibility for ensuring the security and confidentiality of any software application, codes, passwords, IDs, and the like used with the Service. Subscriber agrees and acknowledges that any and all transmission made either through voice calls, Short Messaging Service (SMS) and, data/content originating from his/her account shall be conclusively presumed to be Subscriber’s transmissions and has been authorized by Subscriber. Further, Subscriber acknowledges that it is his/her sole obligation and responsibility to obtain the consent of all recipients of transmissions made using the Service.

For security purposes, Service Provider recommends against enabling file or printer sharing of any sort and further recommends that any file or service made available for remote access be protected with a password or other appropriate measures to prevent unauthorized access. Subscriber must immediately notify Service Provider of any unauthorized or attempted unauthorized use of the Service and any other breach or attempted breach of security.

SOFTWARE APPLICATION

Subscriber acknowledges and agrees that he/she will —(a) use the software application provided and installed by Service Provider (”Application”) on Subscriber’s Device or CPE in a proper manner and will not re-configure or tamper with the Application as stated in the relevant software license agreement or user’s guide; (b) not allow the installation of the Application to any other Device, CPE, personal computer, or any other storage device such as a network server unless covered by the relevant software license agreement; (c) not, without Service Provider’s prior written consent, resell or transfer, rent, lease or lend the use of the Application; and (d) not reverse engineer, decompile, or disassemble the Application.

Subscriber agrees to promptly report to Service Provider any problem with or damage to the Application, as well as any circumstances or actions of other persons which Subscriber may reasonably believe, may cause damage to the Service.

RISKS OF THE INTERNET

Some activities that Subscriber can perform when accessing the Internet may be harmful or may cause loss to Subscriber or to other people that may access the Service, or Subscriber’s Device or CPE. Such activities include (but are not limited to): (i) downloading content (including receiving emails) from the Internet which may introduce viruses or other harmful features to Subscriber’s Device or computer, (ii) purchasing goods or services using the Internet, (iii) transmitting confidential information over the Internet (such as Subscriber’s credit card number or other personal information), or (iv) accessing and viewing content on the Internet or otherwise available through the Service that may be offensive to some individuals, or inappropriate for children (for example, it is possible to obtain access to content that is pornographic, offensive and/or unsuitable for children).

Subscriber bears all risk associated with the activities referred to in the preceding paragraph, and Service Provider does not have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such activities.

Subscriber may minimize the risk of accessing illegal or offensive content as well as managing use of the Internet by using a filtering solution. Service Provider may provide access to one or more of these filtering solutions at a reasonable cost to Subscriber as part of the Service.

CONTENT PUBLISHING

Subscriber shall be solely responsible for any content that he/she publishes via websites, email, newsgroups, online forums or other publishing mediums accessed via the Service. Accordingly, Subscriber undertakes that he/she will:

(i) not publish (via websites, email, newsgroups or other publishing mediums accessible vie the Service) any content/material when such publication may be classified as a Prohibited Activity; and

(ii) take appropriate precautions to prevent minors from accessing or receiving any content published by Subscriber that may be inappropriate for them. Such precautions include implementing a restricted access system or the use of appropriate warnings and/or labelling systems in respect of content which is likely to be considered unsuitable for children.

Service Provider reserves the right to block access to, to remove, or to refuse to post any content, in whole or in part, that Service Provider, in its sole discretion, deem to be offensive, indecent, or otherwise inappropriate regardless of whether such content or its dissemination is unlawful. This includes (but is not limited to) obscene material, fraudulent or deceptive statements, threatening, intimidating or harassing statements, or material which violates the privacy rights or intellectual property rights of others, or is likely to be defamatory of another person.

Service Provider reserve the right to remove certain prohibited or potentially prohibited content from its servers or to prevent users from accessing certain Internet content. Service Provider may take any steps necessary in order to ensure compliance with any relevant industry code of practice, or notification or direction from third parties, including removing any content (including part or all of a website) from its servers, blocking access to newsgroups, closing or suspending Subscriber’s account, filtering the Internet content made available to Subscriber or restricting access to a particular website. Service Provider may take these steps at any time and without notice to Subscriber.

Service Provider reserves the right that allows copyright owners or their agents to direct Service Provider to remove copyrighted materials from Service Provider’s servers or to prevent users from accessing such copyrighted materials. Service Provider may take any steps necessary in order to ensure compliance with a notification from a copyright owner or their agent, including removing any content (including part or all of a website) from its servers, closing or suspending Subscriber’s internet account, filtering the Internet content made available to Subscriber or restricting access to a particular website. Service Provider may take these steps at any time and without notice to Subscriber.

Service Provider is under no obligation to monitor transmissions or published content on the Service. However, Service Provider (or any of its agents) have the right to monitor such transmissions or published content from time to time to ensure that Subscriber is complying with the terms of this policy, and to disclose that content as required.

By using the Service to reproduce, publish, display, transmit or distribute content, Subscriber warrants that the content complies with this policy and authorizes Service Provider (or its agents) to reproduce, publish, display, transmit and distribute such content as necessary for Service Provider to deliver the content in a timely manner.

ELECTRONIC MESSAGING AND SPAM

Subscriber must not use the Service to send spam, scam messages, or bulk and/or unsolicited texts or messages. For avoidance of doubt, “spam” means unsolicited texts and broadcasts for the purpose of offering services, selling products, or otherwise disseminating information about a promo, event or advocacy sent from any device and/or application, whether or not such messages include accurate sender information or contains an unsubscribed facility. ”Scam messages,” on the other hand, means unsolicited and fraudulent and/or bogus texts or messages with the purpose of getting any form of gain or benefit from the recipient thereof, whether the sender is known to the recipient or not.

Spam and/or scam messages include, but is not limited to, commercial advertising, informational announcements, chain letters, and political or religious messages. Subscriber must only send such messages to those individuals who have explicitly requested it.

We have responsibilities under the NTC Memorandum Circular No. 03-03-2005, as amended by NTC Memorandum Circular Nos. 03-03-2005A and 04-07-2009 (Rules and Regulations on Broadcast Messaging Service) to take steps which attempt to minimize the amount of spam. To assist Service Provider in minimizing the amount of spam and scam, Service Provider may (i) restrict Subscriber’s ability to send and/or forward spam/scam emails, texts or messages; (ii) limit Subscriber’s access to the Service to a closed user group relevant to Subscriber’s use of the Service; (iii) scan Service Provider’s allocated IP address ranges for misconfigured mail and proxy servers and suspend Subscriber’s Service if Subscriber fails to rectify any problem found within a reasonable period.

Service Provider may also require Subscriber to take actions to comply with, or which assist Service Provider to comply with NTC Memorandum Circular No. 03-03-2005, as amended by NTC Memorandum Circular Nos. 03-03-2005A and 04-07-2009 (Rules and Regulations on Broadcast Messaging Service).

The Service must not be used to: (i) send messages to any individual or entity who has indicated the he/she/it does not wish to receive messages from Subscriber, or (ii) collect or redirect responses from unsolicited messages sent from accounts on other Internet hosts or messaging services which violate this policy, or the equivalent policy or any other policy of any other Internet service provider or website.

Moreover, unsolicited messages sent from accounts on other Internet hosts or messaging services may not direct the recipient to any website or other resource that uses Service Provider’s network.

Subscriber must not: (i) obscure, alter or delete the source of the messages that he/she sends or forge message headers, (ii) send numerous copies of the same or substantially similar messages, or send very large messages or files, to a recipient with the intent to disrupt a server or account (for example, ‘mail bombing’), (iii) send chain letters, whether or not the recipient wishes to receive such mailings.

Service Provider shall not be responsible for forwarding or storing messages sent to any account that has been suspended or cancelled. Such messages may be returned to sender, ignored, deleted, or stored temporarily at Service Provider’s sole discretion.

ONLINE FORUMS

In addition to the previous clauses, messages posted by Subscriber to online forums must comply with the written charters for that forum. Subscriber shall be responsible for determining the policies of a given forum before posting a message to it. Data files may only be posted to online forums that specifically permit this.

Posting or cross-posting the same or substantially similar messages to more than eight online forums is prohibited.

Subscriber must not disrupt or attempt to disrupt online forums by posting a large number of messages that contain no substantive content. Disruption occurs when normal discussion in the group is significantly hindered.

Subscriber must not use the Service to connect to an online forum from which Subscriber has been previously banned.

RESALE OR BUNDLING OF SERVICE

Subscriber agrees not to resell, redistribute the Service or any portion thereof to any party, whether temporary or permanent, for value, or allow any such other party to occupy, use, and/or gain access to the Service without Service Provider’s written consent.

Subscriber further agrees that he/she will not use the Service as part of another telecommunication service or as a medium of promotion, publicity for any campaign for whatever purpose, of whatever nature, by whatever name called which is likely to generate a change in the usage of the services in excess of his/her daily usage of the service, and/or likely to cause congestion in Service Provider’s network.

VIOLATION OF ACCEPTABLE USE POLICY

Upon cancellation of Subscriber’s internet account, Service Provider is authorized to delete any files, programs, data, and email messages associated with Subscriber’s account.

In order to enforce this policy, Subscriber authorizes Service Provider (or its agents) to cooperate with the law enforcement authorities in the investigation of suspected criminal violations and system administrators at other Internet service providers or other network or computing facilities. Such cooperation may include Service Provider providing, for example, the username, IP address or other identifying information about a user.

Service Provider reserves the right to investigate any use of the Service that it reasonably suspects violates this policy, including the gathering of information from the users involved and the complaining party, if any, and examination of transmissions and material on Service Provider’s servers and network. During an investigation, Service Provider may suspend the internet accounts involved, interrupt transmissions and/or remove material that it reasonably believes potentially violates this policy.

Service Provider is not obligated to regularly monitor Subscriber’s usage of the Service (including any content posted, disseminated or accessed by Subscriber); however Service Provider reserves the right to monitor Subscriber’s use of the Service to identify violations of this policy, and to protect its network, the other users of the Service, and other Internet users.

Service Provider may take any other legal or technical action it deems appropriate to identify offenders or violators of this policy, including taking action against offenders to recover the costs and expenses of identifying them. If Subscriber’s use of the Service causes loss to third parties and Service Provider is required to pay compensation, Service Provider may require Subscriber to reimburse Service Provider.

Such actions may include (but are not limited to) temporary or permanent removal of content and content publishing capabilities, filtering of Internet transmissions and the immediate disconnection, suspension or cancellation of all or any portion of the Service.

If Subscriber, or someone with access to the Service, uses the Service in a way that Service Provider reasonably believes violates this policy, Service Provider may take any responsive action it deems appropriate.

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