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PCCW Fair Use Policy
in respect of unlimited services provided by PCCW
1. Purpose
While our customers are entitled to unlimited use of certain services offered by PCCW under corresponding service contracts, they are expected not to abuse, misuse, exhaust, waste or otherwise take unfair advantage of such unlimited services to the detriment of other users or PCCW. This Fair Use Policy is intended to ensure that each customer of PCCW will be given a fair and reasonable opportunity to access such unlimited services without interfering another user or PCCW's provision of services.
2. Restrictions
2.1 In respect of NETVIGATOR Everywhere, each customer shall not use or apply unlimited services for:
(a) hosting computer applications or programs, including hosted services and modem access for computers;
(b) providing server services, Internet based telephony, video conference, peer-to-peer file sharing and automated machine-to-machine connection;
(c) commercial purposes, dedicated data connection and substitute or backup for business lines; or
(d) sharing use of such services with other persons not authorized by PCCW.
2.2 In respect of short message service ("SMS"), each customer shall not use or apply unlimited SMS for:
(a) delivering SMS as an aggregator or a gateway;
(b) delivering unsolicited SMS;
(c) commercial or business purposes which have not been authorized by PCCW in advance; or
(d) reselling the services to any other persons not authorized by PCCW.
2.3 In respect of now TV service broadcast or displayed on PCCW's channels, networks or platforms, each customer shall not apply unlimited viewing for:
(a) reproduction, copying, re-transmission, forwarding, broadcast or display;
(b) commercial or business purposes which have not been authorized by PCCW in advance; or
(c) sharing use of such services with any other persons not authorized by PCCW.
3. Remedies
If a customer has breached any of the above restrictions or PCCW is of the opinion that the manner which a customer uses such unlimited services will unfairly deprive other users' opportunities or otherwise adversely affect PCCW's interest, PCCW may, with or without notice to such customer, take any or all of the following remedial actions:
(a) suspend or disconnect a particular service to the breaching customer;
(b) restrict the use of a particular service by the breaching customer to a reasonable limit (to be assigned at PCCW's discretion);
(c) charge the breaching customer for the abused services and/or any services consumed beyond the aforesaid reasonable limit at PCCW's prevailing rates; or
(d) terminate the service contract without liability to PCCW;
provided always that if PCCW exercises any of the above rights, the breaching customer shall have no recourse against PCCW.
4. General
(a) In case of dispute relating to this Fair Use Policy, PCCW's decision shall be final and binding.
(b) PCCW reserves the right to amend this Fair Use Policy by posting the amendments on www.pccw.com , such amendments to take immediate effect upon posting.
(c) PCCW includes PCCW Limited and any of its affiliates.
(d) In case of any conflict between the English and Chinese versions of this Fair Use Policy, the English version shall prevail.
November 2007
PCCW