Fair Use Policy

PCCW Fair Use Policy
- applies to Agreements/Contracts for the provision of PCCW’s
telecommunications services to consumer customers concluded before 13 February 2012

one2free Fair Usage Policy
- applies to all contracts entered into by one2free customers before July 7, 2014

1.
Purpose
 

While csl is devoted to providing a wide spectrum of consumer telecommunications services on a fixed fee charging mechanism or 'pay-as-you-go' basis in the consumer market, it is csl's reasonable expectation that our customers and users (collectively referred to as "users") will not abuse, misuse, exhaust, waste or otherwise take unfair advantage of our consumer telecommunications services to the detriment of other users or csl. This Fair Use Policy is intended to ensure that all users will be given a fair opportunity to access our consumer telecommunications services without abusing csl's network resources or interfering other users' enjoyment.

2.
Restrictions
2.1 Any right to use csl consumer telecommunications services under the corresponding service plan or service contract shall be personal to that user. Such right shall be non-transferable and non-sharing.
2.2 Except with csl's prior written consent, all csl consumer telecommunications services shall not be used for commercial, business and/or revenue generating purposes, whether or not bundled with any products or services not supplied by csl. Under no circumstances shall csl consumer telecommunications services be used to act as a host, hub, link, server or gateway; or otherwise be used on a "sharing basis", through whatever equipment, platforms, channels or means whether or not for monetary reward. The preceding sentence shall not apply to NETVIGATOR Broadband Services.
2.3 Aggregation, consolidation, refiling and broadcasting of any traffic, data and contents of any kind are strictly prohibited.
2.4 All csl telecommunications services shall not be used for illegal, immoral or tortious (including infringement of intellectual property rights) conduct.
2.5

All csl equipment or apparatus provided or lent to our users including but not limited to modems, wires, circuits, plugs and wall sockets etc for use in conjunction with csl consumer telecommunications services shall not be used in contravention of the above restrictions.

3.
Remedies
  If any user has breached any of the above restrictions, or csl is of the opinion that the manner which an user uses such services will unfairly deprive other users' opportunities of enjoyment or otherwise adversely affect csl's interests, csl may, with or without notice to such users, take any or all of the following remedial actions:
      
  (a) suspend or disconnect a particular service to the breaching user;
  (b) restrict the use of a particular service by the breaching user to a reasonable limit (to be specified at csl's discretion);
  (c) charge the breaching user for the abused services and/or any services consumed beyond any specified limit at csl's prevailing rates; or
  (d) terminate the service contract without liability to csl;
 

provided always that if csl exercises any of the above rights, the breaching user shall have no recourse against csl.

4.
General
    
(a) This Fair Use Policy is applicable to all consumer telecommunications service provided by csl where it is stated to apply in the applicable service plans or service contracts. The terms of the applicable service plan or service contract shall prevail over the terms of this Fair Use Policy solely to the extent of any inconsistency.
(b) In case of dispute relating to this Fair Use Policy, right of interpretation vests in csl absolutely whose decision shall be final and binding.
(c) The restrictions under this Fair Use Policy, if applicable, are in addition to the users' obligations and without prejudice to the existing service contracts.
(d) csl reserves the right to amend this Fair Use Policy by posting the amendments onwww.pccw.com, such amendments to take immediate effect upon posting.
(e) csl means any csl entity in the csl group (as mentioned in the Application or the Contract/Agreement) which provides telecommunications services to the consumer customer.
(f) In case of any conflict between the English and Chinese versions of this Fair Use Policy, the English version shall prevail.

 

 

13 February 2012


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