27. Fair Usage Policy

1. Introduction
1.1 This Fair Usage Policy ("Policy") sets out an acceptable level of conduct between Digi Telecommunications Sdn Bhd ("Digi") and its registered customers ("Customers") using the internet services provided by Digi ("Digi Internet Services"). Digi believes that all Internet users including the Customers should be responsible in their usage and how it affects other users.
1.2 Whilst connection is "always on" for each Customer, the available bandwidth is shared by all Customers active at a particular point in time. A small portion (about 5-10%) of Customers use a very large portion (about 70-80%) of bandwidth based on Digi's data and that from other Internet service providers.
1.3 To overcome this biasness, this Policy is in place to ensure all Customers have a good experience.
1.4 Digi may, from time to time, change this Policy without further notice to its Customers. Please visit the Digi Internet web page periodically to review any changes made to this Policy.
1.5 This Policy supplements the Digi Internet Terms & Conditions and the General Terms & Conditions.
2. Unlawful Activities
2.1 In using the Digi Internet Service and/or any other internet access service that may be provided by Digi, Customers must conform to and not violate any laws, particularly the laws of Malaysia, any order, regulation or industry code of practice.
2.2 The Customers will also not permit the Digi Internet Services be used for any illegal purposes and /or furtherance of any illegal purposes as well as ensure that any usage will not discredit Digi ("Improper Usage").
2.3 Improper Usage includes but are not limited to, NOT carrying out the following activities:
  • sending, receiving, publishing, posting, distributing, disseminating, encouraging the receipt of, uploading, downloading or using any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing or menacing or a breach of the copyright, trademark, intellectual property, confidence, privacy or any other rights of any person;
  • using for commercial purposes, unless customers are on the "Enterprise" Packages;
  • sending or uploading unsolicited emails, advertising or promotional materials, offering to sell any goods or services, or conducting or forwarding surveys, contests or chain letters;
  • knowingly or negligently transmitting or uploading any electronic material (including, without limit, files that contain viruses, corrupted files, or any other similar software or programs) which is known or likely to cause, interrupt, damage, destroy or limit the functionality of any computer software, hardware or telecommunications equipment owned by Digi or any other internet user or person;
  • allowing activities that invade another's privacy, cause annoyance, inconvenience or needless anxiety to any person;
  • allowing activities that are in breach of any other third party's rights, including downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or propriety designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material;
  • allowing anything that may disrupt or interfere with Digi's network or services or cause a host or the network to crash;
  • launching "denial of service" attacks, "mail-bombing" attacks, "spamming" or "flooding" attacks against a host or network;
  • making excessive use of, or placing unusual burdens on, the network, for example by sending or receiving large volumes of email or excessively large mail attachments;
  • circumventing the user authentication or security process of a host or network;
  • creating, transmitting, storing or publishing any virus, Trojan, corrupting programme or corrupted data.
2.4 The Customers will also not permit the Digi Internet Services be used for any illegal purposes and /or furtherance of any illegal purposes as well as ensure that any usage will not discredit Digi ("Improper Usage").
3. Security
3.1 Each Customer must take all reasonable steps to ensure that others do not gain unauthorized access to his/her account and/or prevent a third party from obtaining access to the network. In this regard, each Customer is responsible for:
  • ensuring that his/her User ID and /or password, at all times, remain confidential (where applicable).
  • the set-up and security of his/her computer and any servers that they may run on their computer. (where applicable)
3.2 Digi may request that the Customer change his/her User ID and/or password if deemed necessary (where applicable).
3.3 The Customer shall not disclose his/her User ID and/or password to any third party, or use the same for any purpose connected with the improper use of the network including accessing or attempting to access other parts of the services for which Customers do not have access rights (where applicable).
3.4 The Customer must immediately advise Digi if they become aware of any violation or suspected violation of these provisions.
3.5 Digi strongly recommends that Customers protect their computers and/or mobile devices with anti-virus software.
4. General Use of Service and Abuse
4.1 Customers must not use Digi Internet Services to obtain or attempt to obtain access to any computer, systems or network. In particular,
  • Users must have permission from the account holder who is a Customer prior to using and /or accessing the Digi Internet Service.
  • The Customer must not run port-scanning software on any Digi Internet Service.
  • The Customer must not attempt to gain unauthorized access to any computer system.
  • The Customer must not undertake any activity that has an adverse effect on the Digi Internet Service or Digi's other Customers.
4.2 The terms and conditions herein shall be applicable on the internet usage for Postpaid Customers except if the Customer is subscribed to a different data plan.
4.3 The Customer may not resell or otherwise charge others for the use of their internet connection. This service is for recreational, residential, personal use only and may not be used for operations of an internet service provider.
4.4 Digi may, at its sole discretion, automatically disconnect the customer's internet session after a period of inactivity, which may vary from 20 minutes to 30 minutes. This automatic disconnection is to allow maximum network performance.(where applicable)
5. Fair Usage
5.1 All Internet packages and plans are provided with an allowance in the form of a quota for Internet access in megabytes (MB) or gigabytes (GB) within a specified validity period. Once the Customer exceed his/her Internet allowance, the Customer will be automatically charged for further Internet access as specified in the applicable rate plan and / or the Customer's internet access will be limited and switched to 2G speed until the start of the following bill cycle or subscription.
5.2 Digi does not guarantee a service level and/or connectivity to users of peer-to-peer or file sharing software/applications. Digi may, at Digi's discretion, suspend or manage the speed of the Customer's Internet access if Digi believe the Customer's Internet usage is excessive, unusual and / or consuming a large amount of bandwidth that affects the quality of the Digi network for other users.
5.3 Digi Internet Services are provided to Customers solely for the purposes of web surfing, sending and receiving email messages, uploading files and other similar messaging activities, downloading of files and online gaming. Peer-to-peer networking (P2P) and other uses that may adversely affect Digi's network are not permitted on Digi's network.
5.4 Digi's Internet Services, in particular, may not be used:
  • to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading or uploading of videos or other files or to operate hosting services including, but not limited to, web or gaming hosting;
  • to disrupt email use by others using automated or manual routines, including, but not limited to "auto-responders";
  • to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited commercial or bulk email, or fax;
  • for activities adversely affecting the ability of other people or systems to use either Digi's wireless Internet Services or other parties' Internet-based resources, including, but not limited to, "denial of service" (DOS) attacks against another network host or individual user;
  • for an activity that connects any device to one or many Internet-enabled devices including and not limited to personal computers, laptops and mobile devices for tethering or the purpose of broadcasting Internet access to multiple devices, unless the customer's plan is explicitly designated for such usage; or (vi) for any other reason that, in Digi's sole and absolute discretion, violates Digi's policy of providing service for individual use.
5.5 Software and device applications that allows the download of illegal content which Digi prohibits, which is an infringement of copyright and/or intellectual property rights and rightful owners of such copyright and/or intellectual property rights may take measures to prosecute. Each individual download can be traced by the customer's IP address back to the Customer's account with Digi.
5.6 Digi reserves the right to release customer information pursuant to any copyright (and/or intellectual property right) infringement if it is required to do so by any law, regulatory body or court of law.
6. Enforcement on Breach of Policy
6.1 In respect of the Customers who are in violation of this Policy, Digi may, at its option and discretion, take any responsive action including but not limited to having the Customer's bandwidth managed, Digi Internet Services suspended or terminated (with or without notice as Digi considers appropriate).
6.2 In order for Digi to enforce this Policy, the Customers authorize Digi to co-operate with other law enforcement and/or regulatory bodies in respect of any investigation for violation of laws, particularly the laws of Malaysia, any order, regulation or industry code of practice and/or any Improper Usage.
6.3 To report any illegal or unacceptable use of Digi Internet service, please send an email to internetsupport@Digi.com.my
   
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