OTEL Telecoms Broadband (Uncapped) Service Supplementary Acceptable Use Policy
The purpose of this Supplemental AUP is to ensure equity of access to all users of the Broadband access service. The Broadband access service can provide more equitable access to all users by ensuring the best possible speeds and performance for the majority of its users.
This Supplemental AUP relates to the data usage of the Broadband access service only. Other issues related to the Broadband access service as well data usage related to other access services are covered by the OTEL Telecoms standard AUP.
In this document, unless the context indicates otherwise:
* AUP means an Acceptable Use Policy;
* Broadband access service means the wireless broadband access service provided by OTEL Telecoms to the user using WiMAX or other relevant technologies;
* Excessive usage means usage in excess of that calculated as the average usage for browsing, email, reasonable downloading and the like over a calendar month being an amount of [ ] Gb per month; and
* Supplementary AUP means this Supplemental AUP relating to the OTEL Telecoms Broadband access service.
Usage Guidelines and Acceptable Use
To help ensure that all customers have fair and equal use of the service and to protect the integrity of its network, OTEL Telecoms reserves the right, and will take necessary steps, to prevent improper or excessive usage.
The action that OTEL Telecoms may take includes, but is not limited to:
* Shaping throughput, preventing or limiting service through specific ports or communication protocols, irrespective of usage;
* Limiting throughput, preventing or limiting service through specific ports or communication protocols in the case of excessive usage; and
* A complete termination of service to customers with improper usage.
This policy applies to and will be enforced for both intended as well as unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) excessive and/or prohibited usage. Online activity will be subject to the available bandwidth, data storage and other limitations of the Broadband access service, which OTEL Telecoms may, from time to time, revise at its own discretion and without prior notice to the customer.
Examples of use, which may result in excessive data transfer, include, but are not limited to:
|Activity||Usage Behaviour||How to minimise this type of usage|
|Downloading large files or large quantities of files, particularly using peer to peer networks||Downloading files like movies,MP3s, games and software using software such as Napster, Kazaa, E-donkey, torrents etc.||Refrain from using automated download programs and limit peer to peer file downloading. You should take care when installing automated search and retrieve programs or similar automated and manual routines, which generate excessive amounts of network traffic|
|On-Line Gaming||On-line gaming can average data transfer of between 10 - 60 Mb per hour.||Limit the usage of data transfer when playing games on line. Alternatively use local gaming sites|
|Mail / News Groups / CHAT||Email, Newsgroups and Chat clients are used to communicate online, however when files with suffix of “avi”, “jpeg”, “mpeg”, “gif”, etc are sent to customers they can contain very large amounts of data.||Be careful when subscribing to sites, which automatically send information with large attachments. Be aware of “background download” programs.|
|Fraud||Customers who do not protect their equipment by using a firewall or proxy server create a possibility for remote access to the PC, which may, by using the use of various programs, determine their username and passwords or the PC can be used to transfer data via the owner’s account.||Secure your PC by setting up a firewall or proxy server.|
|Browser Use||Automated copying of website content can result in high usage levels.||Manually select the content that needs to be copied.|
Users may not engage in any activity that compromises or threatens OTEL Telecoms’s ability to provide the Broadband access service in a reasonable and efficient manner to all other users.
Examples of restricted use include, but are not limited to, running servers (that put traffic on the network) and hosting multi-user interactive forums, such as chat rooms. OTEL Telecoms provides hosting services should a user wish to provide such services.
The Broadband access service may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes,
without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Violations of system or network security are prohibited, and may result in criminal and civil liability. OTEL Telecoms will investigate incidents involving such violations and may involve, or will cooperate with, law enforcement agencies if a criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:
* Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorisation of the owner of the system or network.
* Unauthorised monitoring of data or traffic on any network or system without express authorisation of the owner of the system or network.
* Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
* Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
* Knowingly distribute computer viruses or other malicious computer programs.
* The infringement of other’s intellectual property rights or the breaching of any laws or infringement of any third party rights, including without limitation, copyright.
Download Limitations and Technical Measures to Prevent Abuse of the Broadband Access Service
OTEL Telecoms reserves the right to implement technical mechanisms which prevent usage patterns in violation of this Supplemental AUP. OTEL Telecoms further reserves the right to take such action as may be necessary to protect the integrity of the system, including, but not limited to, system monitoring, as well as protocol management and shutting down of ports affected by viruses, worms or other malicious code.
Nothing contained in this policy shall be construed to limit OTEL Telecoms’s rights or remedies in any way with respect to any of the foregoing activities, and OTEL Telecoms reserves the right to take any actions that it may deem appropriate with respect to such activities, including without limitation: investigating suspected violations of this Supplemental AUP, taking action to recover the costs and expenses of identifying offenders and terminating their access to and use of the Broadband access service, and levying cancellation charges to cover OTEL Telecoms’s costs in the event of termination of access to the Broadband access service. In addition, OTEL Telecoms reserves all available rights and remedies with respect to such activities at law or in equity.
This Supplemental AUP may be clarified or modified periodically and OTEL Telecoms reserves the right to modify this policy at any time, which changes shall become effective as soon as they are posted to the OTEL Telecoms website.
This policy forms part of the customer’s agreement with OTEL Telecoms regarding the Broadband access service.