Service Specific Terms & Conditions (“SSTC”) – Data Roam Pass

 

4 February 2016

 
  1. Introduction
    1. This Fair Usage Policy ("Policy") sets out an acceptable level of conduct between Maxis Broadband Sdn Bhd or Maxis Mobile Services Sdn Bhd (both shall be referred to as "Maxis") and its customers using the Maxis Broadband internet and Maxis Mobile Internet service and/or MaxisONE™ plan/MaxisONE™ plan lite/MaxisONE™ plan start/ MaxisONE™ Share and/or MaxisONE™ Business/MaxisONE™ Business Extra and any other mobile service and/or Service. Maxis believes that all internet users should be responsible in their usage and how it affects other users.
    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 1%) of customers use a very large portion (about 30%) of bandwidth based on our data and that from other broadband service providers.
    3.  If the customer needs a 1:1 service and exclusive access to their bandwidth then the customer will need an internet leased line where there is no contention until the World Wide Web router.
    4. To overcome this biasness, this Policy is in place to ensure all Maxis' customers have a good experience.
    5. Maxis may, from time to time, change this Policy without further notice to its customers. Please visit the Maxis Broadband or Maxis Postpaid web page periodically to determine any changes to this Policy.
    6. This Policy supplements the Maxis Broadband Terms & Conditions, Maxis Postpaid Terms & Conditions, MaxisONE plan Terms & Conditions and General Terms & Conditions for Services.
  2.  
  1. Unusual Usage
    1. We consider your use of the Maxis Broadband service and/or any other internet access service and/or any other mobile service and/or Service to be UNUSUAL if you are:
      1. Making calls or sending SMS other than for your own personal use or for commercial gains;
      2.  Using wholesale our Service; minutes, SMS' or data (SIM boxing, bulk SMS service or aggregate minutes) on our network;
      3. Use the Service in connection with a device, software or applications which reroutes calls or allows the sending of bulk SMS' to or from our network or the network of any supplier.
      4. Setting up switch devices which could keep a line open potentially for hours and limiting the ability for other customers to access our network.
  2.  
  1. Unlawful Activities
    1. In using the Maxis Broadband service and/or any other internet access service and/or any other mobile service and/or Service that may be provided by Maxis, you must conform to the laws of Malaysia and will not knowingly permit any illegal use or such use that will discredit Maxis.
    2. We consider your use of the Maxis Broadband service and/or any other internet access service and/or any other mobile service and/or Service to be UNLAWFUL if you are:
      1. 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;
      2. using for commercial purposes, unless you are on the office/corporate packages;
      3. Abuse for non-standard commercial purposes for corporate packages
      4. sending or uploading unsolicited emails or SMS or messages, advertising or promotional materials, offering to sell any goods or services, or conducting or forwarding surveys, contests or chain letters;
      5.  knowingly or negligently transmitting or uploading any electronic material or SMS or messages (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 Maxis or any other internet user or person;
      6. allowing 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 Maxis' 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 SMS or messages 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.
    3.  
  1. Security
    1.  Each customer is responsible for ensuring that his/her User ID and/or password, at all times, remain confidential.
    2. Maxis may request that the customer change his User ID and/or password if deemed necessary.
      is Broadband service and/or any other internet access service and/or any other mobile service and/or Service to be UNLAWFUL if you are
    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 responsible for taking all reasonable steps necessary to prevent a third party from obtaining access to the network.
    5. The customer must immediately advise Maxis if they become aware of any violation or suspected violation of these provisions.
    6. The customer is responsible for the set-up and security of his/her computer and any servers that they may run on their computer.
    7. Maxis strongly recommends that customers protect their computers with anti-virus software.

 

  1. General Use of Service and Abuse
    1. Each customer must be at least 18 years old to be a Maxis customer. Sub-users under this age must have permission from the account holder to access the Maxis Broadband service and/or any other internet access service and/or MaxisONE™ plan/lite/start/ MaxisONE™ Share and/or MaxisONE™ Business/MaxisONE™ Business Extra and/or any other mobile service and/or Service. Before using the Maxis Broadband service and/or any other internet access service and/or MaxisONE™ plan/lite/start/ MaxisONE™ Share and/or MaxisONE™ Business/MaxisONE™ Business Extra and/or any other mobile service and/or Service , the person must obtain permission from the registered customer.
    2. The customer must not run port-scanning software on any Maxis Broadband service. 
    3. The customer must not attempt to gain unauthorised access to any computer system.
    4. The customer must not undertake any activity that has an adverse effect on the Maxis Broadband service or any other Maxis mobile service and/or any other internet access service and/or MaxisONE™ plan/lite/start/ and/or MaxisONE™ Share and/or MaxisONE™ Business/MaxisONE™ Business Extra and/or any other mobile service and/or Service or its customers.
    5. The customer may not use their Maxis Broadband or Maxis mobile service and/or any other internet access service and/or MaxisONE™ plan/lite/start and/or MaxisONE™ Share and/or MaxisONE™ Business/MaxisONE™ Business Extra and/or any other mobile service and/or Service connection to run programs or servers that provide network content 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.
    6. 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.
    7.  Office Package customers may host one (1) email (POP3, SMTP, and/or IMAP) and/or one (1) web (HTTP and/or HTTPS) server for the sole use of that organization. These servers may not be used to host other services through the wireless connection or host email or web services for other organizations.
    8. Maxis 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.
       
  1. Excessive Usage
    1. At Maxis, we want our broadband and mobile service/Services to be fast and available for our customers at all times. This clause is designed with that goal in mind. Maxis views the vast majority of customers should not suffer from a slower service because of a very small number of 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 imapact the speed at which other customers can access the internet.
      2. Maxis does not guarantee a service level and/or connectivity to users of peer-to-peer or file sharing software/applications.