FAIR USAGE POLICY


Introduction
  1. This Fair Usage Policy (“Policy”) sets out an acceptable level of conduct between TIME dotCom Berhad (“TIME”) and its customers using the TIME Fibre Internet internet service. This policy applies to the TIME Fibre Broadband, TIME Fibre Internet Basic and TIME Fibre Internet Plus packages.
  2. Bandwidth that is provided by TIME is shared by all customers active at any one point in time. Based on our analysis and that from other broadband service providers, a portion of about 3% of customers use a very large portion (about 30%) of bandwidth.
  3. Customers that require a dedicated 1:1 internet service may contact TIME for an internet leased line where there is no contention up to its internet gateway.
  4. To ensure customer satisfaction, TIME has set in place this policy to overcome this biasness.
  5. However, TIME may, from time to time, change this Policy without further notice to its customers. Please visit the TIME Fibre Internet web page periodically to determine any changes to this Policy.
  6. This Policy supplements the Terms & Conditions and the General Notes.

Unlawful Activities
  1. In using the TIME Fibre Broadband service and/or any other internet access service that may be provided by TIME, you must conform to the laws of Malaysia and will not knowingly permit any illegal use or such use that will discredit TIME.
  2. This includes NOT:
    1. Uploading, sending, receiving, posting, distributing, disseminating, harassing, encouraging the receipt of, defamatory publishing, downloading or using any material which is offensive, abusive, indecent, unlawful, or menacing or a breach of the copyright, trademark, intellectual property, confidence, privacy or any other rights of any person;
    2. Using for commercial purposes, unless you are on either the TIME Fibre Internet Basic or TIME Fibre Internet Plus service;
    3. Sending or uploading unsolicited emails, contests or chain letters;
    4. Sending or uploading advertising or promotional materials, offering to sell any goods or services, or conducting or forwarding surveys unless you are on either the TIME Fibre Internet Basic or TIME Fibre Internet Plus service;
    5. Voluntarily or without due care and attention 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 TIME or any other internet user or person;
    6. Partaking in activities that invade another’s privacy, cause annoyance, inconvenience or needless anxiety to any person;
    7. 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;
    8. Allowing anything that may disrupt or interfere with TIME’s network or services or cause a host or the network to crash;
    9. Launching "denial of service" attacks, "mail-bombing" attacks, "spamming" or "flooding" attacks against a host or network;
    10. 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;
    11. Circumventing the user authentication or security process of a host or network;
    12. Creating, transmitting, storing or publishing any virus, Trojan, corrupting programme or corrupted data.

Security
  1. Each customer is assigned a User ID and password. Upon changing the default password, each customer is responsible for ensuring that his/her User ID and/or password, at all times, remain confidential.
  2. TIME may request that the customer change his User ID and/or password if deemed necessary.
  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 you do not have access rights.
  4. The customer is accountable for taking any/all necessary steps to ensure any third party does not obtain access to the network.
  5. Should a customer suspect that their User ID and/or Password has been compromised, they must immediately contact TIME.
  6. The security of the customers computer/servers are borne solely by the customer.
  7. TIME strongly recommends that customers protect their computers with anti-virus software.

General Use of Service and Abuse
  1. Each customer must be at least 18 years old to be a TIME customer. Sub-users under this age must have permission from the account holder to access the TIME Fibre Internet services. Before using the TIME Fibre Internet service, the person must obtain permission from the registered customer.
  2. The customer must not run port-scanning software on any TIME Fibre Internet service.
  3. The customer must not undertake any activity that has an adverse effect on the TIME Fibre Internet service or its customers.
  4. The customer may not use their TIME Fibre Internet service connection to run programs or servers that provide network contention or connectivity to any third party not at the location where the connection is installed. Examples of prohibited programs include, but are not limited to, mail, FTP, HTTP, game, newsgroup, proxy, and IRC servers.
  5. The customer may not resell or otherwise charge others for the use of their internet connection. This service is for recreational, residential, commercial and personal use only and may not be used for operations of an internet service provider.
  6. Should a customer’s internet session cease activity for a certain period of time, which may vary from 20 minutes to 30 minutes, TIME may, at its sole discretion, automatically disconnect the customer’s internet session. This automatic disconnection is to allow maximum network performance.

Fair Usage
  1. At TIME, customer satisfaction is our utmost priority. As such, we have this clause in place to ensure the majority of our customers do not suffer due to a very small number of errant high bandwidth users.
  2. Peer-To-Peer and File Sharing Software
    1. Certain software/applications which is used by a small number of customers to send and receive files containing very large amounts of data (including without limitation traffic from peer-to-peer software/applications (such as Bit Torrent, eDonkey, Gnutella) or file sharing software (such as Limewire). These activities may cause network congestion and can negatively impact the speed at which other customers can access the internet.
    2. TIME does not guarantee a service level and/or connectivity to users of peer-to-peer or file sharing software/applications.
    3. The system that is used to provide the TIME Fibre Internet service can identify very high bandwidth users and TIME seeks to manage the customer’s usage by throttling their bandwidth to a much lower broadband speed to ensure fairness to all customers.
    4. The customers are reminded that the software (as mentioned in section (a) above) allows the download of illegal content which TIME 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 TIME.
    5. TIME 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.
ETHICAL SERVICE USAGE POLICY

The details of TIME’s Ethical Use Policy, a contravention of which may result in your Service being barred, suspended or terminated are as follows.

  1. Disseminate, download or upload, any content that may be construed or regarded as offensive, fraudulent, objectionable, inaccurate, defamatory or erroneous.
  2. Reproduce (including use) any third party's intellectual property rights ("ipr") without such ipr owner's consent, e.g. Downloading music or movies;
  3. Disseminate any content that is in contravention of the owner's intellectual property rights;
  4. Communicate or transmit by means of TIME’s network or the service, any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character, or to otherwise use our services for any illegal or unlawful purpose;
  5. Misuse the service by making prank calls to the emergency services or to any third party thereby annoying the called party,
  6. Hack our systems or any third party systems or networks, introduce virus, malicious code, to our system or any third party system using the service, introduce, use or launch any "sniffer" software to collect personal data including financial information of third parties, or spoofing;
  7. Promote, use, send or disseminate any email or instant message or any fictitious email or instant message to defraud or cheat any person, including phishing, spamming, mail-bombing or such other activities that promote a criminal intent/activity;
  8. Commit fraud, theft, or any criminal activity, including using the service to commit a crime under the computer crimes act 1997 or any written law;
  9. Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, subversive, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;
  10. Harm minors in any way;
  11. Impersonate any person or entity, including, but not limited to, our servant, agent, employee or official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  12. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service or forge the ip addresses assigned for you to use the service;
  13. Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  14. Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  15. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
  16. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any other party's computer, software, hardware or telecommunications equipment;
  17. Disrupt or cause the disruption of the normal flow of dialogue, cause a screen to "scroll" faster than other users of the service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  18. Interfere with or disrupt the service or another person's use of the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
  19. Violate any applicable law, statute, ordinance, regulation, rule or code, including, but not limited to, any regulation, rule, notice, instruction or directive of any regulatory body or authority, governmental agency or national or other securities exchange (whether intentionally or otherwise);
  20. Stalk or otherwise harass another person;
  21. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above; and/or
  22. Cache, hyperlink to, and frame the whole or any part of any websites comprised of in the service without our prior written permission.