XOX FAIR USAGE POLICY

 

INTRODUCTION

This Fair Usage Policy (“FUP”) forms part of the Terms and Conditions governing the use of the Services provided by XOX. The purpose of this Policy is to ensure that all Subscribers enjoy reliable, consistent, and high-quality Services, while preventing misuse, abuse, and activities that may adversely affect the XOX’s Network, other Subscribers, or compliance with applicable laws and regulations.

 

This Policy is implemented in accordance with the Malaysian Communications and Multimedia Act 1998 (as amended), the General Consumer Code of Malaysia for the Communications and Multimedia Industry, and any other applicable laws, regulations, or directives.

 

By registering, using and accessing the Services regardless of the plan and/or package, the Subscriber hereby agrees to be bound and be subject to the terms and conditions under this FUP as contained herein.

 

INTERPRETATION

Commercial Gain means any direct or indirect financial or commercial benefit derived from the use of the Services in a manner not expressly permitted under the Subscriber’s plan, which includes but not be limited to unauthorized reselling, personal usage for large-scale data hosting, or bulk SMS or call termination, grey routes, call center operations using personal plans, server hosting, or any other use that exploits the Services unfairly.

 

Device(s), Mobile Device(s) refers to the portable device used by the Subscriber to access the Service, excluding any device or equipment not intended for mobile communication use such as but not limited to modems, routers, MIFI devices, desktop devices, customer-premise equipment (“CPE”), and any similar fixed or semi-fixed devices or equipment of a similar nature.

 

Enterprise Subscriber means an entity of whatsoever description including but not limited to a sole proprietorship, a partnership, a body corporate or otherwise governmental bodies and agencies of any kind established under the laws, rules and/or regulations subscribing to business communications Services including but not limited to business plans/packages.

 

Individual Business Communication for Enterprise Subscribers, means any communication using the business communications Services:

a.     Within the Enterprise Subscriber’s organization solely for the benefit and interest of the Enterprise Subscriber; and

b.     Between the Enterprise Subscriber (including its authorized end-users) and any third party solely for the benefit and interest of the Enterprise Subscriber.

c.     Malware

Mobile Data Service(s), Data refers to the Internet services offered by XOX

 

Network means the mobile telecommunications system run by XOX.

 

Policy refers to the Fair Usage Policy contained herein.

 

Prohibited Use means any use of the Services which is unlawful, unauthorized, fraudulent, abusive, or otherwise inconsistent with this Policy or any of XOX’s Terms and Conditions. Prohibited Use includes all activities listed in the 'PROHIBITED USE' section below.

 

Service, Services means XOX’s Talk Time Service, Short Messaging Service (SMS) and Mobile Data and/or any other services which may be provided by XOX from time to time. “Service” refers to each of the aforementioned, respectively.

 

Short Messaging Service, SMS includes but not limited to short messaging service (SMS) and multimedia message service (MMS) offered by XOX.

 

Spam means irrelevant or unsolicited messages typically to a large number of users, for the purposes of advertising, phishing, spreading malware, etc.

 

Subscriber, Subscribers, his, her, they, their, you, your, yours, users means the person authorized for using the Service subject to the terms and conditions herein and/or an entity of whatsoever description including, but not limited to, a sole proprietorship, a partnership, a body corporate or otherwise governmental bodies and agencies of any kind established under the laws, rules and/or regulations of its domicile for the time being in force and which may come in.

 

Talk Time refers to the call services offered by XOX.

 

Typical Use means usage determined by comparison against the average consumption pattern of Subscribers under similar subscription plans

Unlawful Activities include but are not limited to activities that contravene the Communications and Multimedia Act 1998 (as amended), the Penal Code, or any other applicable law.

 

XOX, we, us, our, ours, its means XOX Com Sdn Bhd (Registration No. 200501027788 (709922-X)) and includes its respective affiliates, subsidiaries, parent companies, and any other entities within their corporate group (collectively, “XOX Group”).

 

OBJECTIVE

1.         The Services are designed as a shared service, and Subscriber’s activities will directly or indirectly impact other users using and sharing the same Network. As such, all users should be responsible in their usage.

 

2.         As such the purpose of this FUP is to:

(i)         Protect the integrity, security, and quality of XOX’s Network;

 

(ii)       Ensure that all Subscribers have fair access to the Services, and to set out an acceptable level of conduct between us and our Subscribers relating to the use of our Services;

 

(iii)      Prevent and restrict activities that may constitute abuse, fraud, or exploitation or suspicious of such or similar activities;

 

(iv)      to prevent the abuse of our Services whilst aiming to provide the best quality of service to a maximum number of users; and

 

(v)       Ensure compliance with applicable laws and regulatory requirements.

 

3.         XOX may modify this FUP from time to time. Where practicable, notice of material changes will be communicated via XOX’s website or other reasonable means. Continued use of the Services after publication constitutes acceptance of the amended FUP.

 

4.         This Policy is designed to ensure that the Services received by the vast majority of the Subscribers are not negatively impacted because of extremely heavy usage and abuse by the minority of the Subscribers. The Subscribers shall not use the Services with any unauthorized device or any other ways which unfairly exploit the Services for the purposes of unauthorized reselling or Commercial Gain. In the event the Subscribers use the Services excessively and/or use the Services for Commercial Gain and/or goes beyond the limit of normal/allowed use, XOX reserves the right to inform the Subscriber that he is close to the limit set out and then, if such limit is surpassed, XOX reserves the right to apply further charges and/or register the Subscriber under another plan and/or interrupt the subscription and/or exclude him/her from the Services and/or from the XOX’s Network, either provisionally or indefinitely, with prior notice, except in cases where the usage is a clear and immediate threat to the Network's stability or security.

 

5.         XOX shall continuously monitor XOX’s Network performance and may control the identified heavy usage Subscribers.

PROHIBITED USE

1.       The non-exhaustive list of practices shall be deemed Prohibited Use of the Services:

a.       Using the Services for commercial purpose such as calling or sending SMS or broadcasting instant messaging services (whether individually, sequentially or automatically) to generate income for yourself and/or others, other than for your Individual Business Communications;

b.       Using our Service(s), Talk time, SMS or data for wholesale purposes, including SIM boxing, bulk SMS service or aggregate minutes on our Network;

c.        Using the Service(s) 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;

d.       Setting up switch devices or similar equipment which could keep a line open for extended periods, thereby limiting other Subscribers’ access to the Network;

e.       Engaging in unusual calling patterns inconsistent with normal individual plan use including but not limited to regular calls of short duration or calls to multiple numbers in a short period of time;

f.         Using our Service(s) or any part thereof, for commercial purposes without subscribing to an appropriate business plan or package;

g.       Sending or uploading unsolicited electronic messages via any channel, including but not limited to, e-mails, SMS or instant messaging services, regardless of whether the content is commercial promotional materials or otherwise;

h.       Engaging excessive or disproportionate usage, whether knowingly or unknowingly, of the Service(s) including usage of certain software applications which may cause network congestion and negatively impair other customers' usage, including without limitation sending or receiving files containing very large amounts of data (including without limitation traffic from peer-to-peer software or applications i.e. Bit Torrent, eDonkey, Gnutella) or using file sharing software (such as Limewire, etc.);

i.         Using the Services to invade another person’s privacy, or to cause annoyance, inconvenience, harassment, or distress;

j.         Repeated, unusual and/or abusive patterns including frequent plan changes, that indicate misuse of the Services;

k.        Any activity which, in the reasonable opinion of XOX, constitutes misuse or abuse of the Services or likely to result in it, based on objective usage indicators, traffic analysis, or other reasonable evidence.

 

FAIR USAGE OF MOBILE DATA

1.       The use of Mobile Data Services is subject to fair usage under this FUP.

 

2.       Certain software and applications which are used by you to send and/or receive, for uploading and/or downloading files containing very large amounts of Data (e.g. Peer-to-Peer traffics like Bit Torrent or other similar file sharing applications). These software and applications demand a significantly huge amount of bandwidth which will negatively impact the speed and cause network congestion. As a result, a vast majority of Subscribers will be affected by degradation or the quality of Mobile Data Service and deemed excessive usage. Excessive usage is caused by spamming, virus activities, spy wares and/or other malwares which may reside in the Devices. These activities may be known or unknown to you and normally operate at the back of the devices. Such usage shall be considered excessive and abusive.

 

3.       Therefore, you must take all precautions and rightful action to ensure that the above activities are controlled and minimized at all times. XOX reserves the right to implement and enforce the said Policy at its sole discretion upon knowledge of the occurrence of such activities. XOX does not guarantee a service level and/or connectivity to users of peer-to-peer or file sharing software or applications.

4.       The structures of volume allocations for the various packages or plans offered by XOX are as stated on XOX’s website. Data usage is provided on an "as available" basis for all Subscribers, and the available bandwidth is shared by all Subscribers active at a particular point in time.

 

5.       The Data volume calculation shall take into consideration ALL activities carried out by you including those knowing or unknowingly done under the Mobile Data Service. You will be responsible for the security of your own Devices that are directly or indirectly connected to our Network and ensure that the Devices which are free from all viruses, spy bots, malwares and any other harmful infections when using the Mobile Data Service.

 

6.       You agree that XOX:

a.       reserves the right to manage your allocated bandwidth including but not limited to throttling, restricting, suspending, or terminating data with or without notice if the Subscriber’s usage is deemed excessive, unusual, or disproportionate compared to a typical use if it is believed that affects the quality of the network for other users or if it is deemed Prohibited Use of the Services. Excessive or unusual usage may be determined by:

(i)                   a Typical Use;

(ii)                 reference to violations listed in Clause 8 or 9 below, or display of abnormal usage as stated in this FUP.

b.       may, at its sole discretion, automatically disconnect a Subscriber’s data session after a period of inactivity. This automatic disconnection is to allow maximum network performance (where applicable).

 

7.       You shall not use the Mobile Data Service:

a.       to operate servers, host services, or provide connectivity to third parties (including but not limited to FTP, HTTP, game, newsgroup, proxy, and IRC servers);

b.       to generate excessive or unattended amount of internet traffic through continuous, unattended streaming, downloading or uploading of videos or other files or to operate hosting services including but not limited to, web or game hosting;

c.        to gain unauthorized access to any computer system or networks.

d.       for purposes other than personal and Individual Business Communication;

e.       for resale or as part of any internet service provider operation;

f.         to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, Spam (as defined herein this Policy), unsolicited commercial or bulk messages via any electronic means made available by the Mobile Data Service;

g.       for activities that will adversely affect the ability of users or systems to use XOX's Service,

h.       for any other reason that in our sole discretion violates our policy of providing Mobile Data Service for individual use; or

i.         in breach of any other applicable law, regulations, or codes including but not limited to this FUP.

 

8.       The Mobile Data Service is strictly provided for personal use on Mobile Devices only.

 

9.       Hotspot tethering is permitted for personal use, and the use of hotspot tethering is subject to this FUP.

 

10.    Abnormal usage or excessive usage refers to any use of the Mobile Data Service that:-

a.       violates Clause 8 or 9 above; or

b.       exhibits patterns significantly exceeding a Typical Use.

 

Such patterns of use of the Mobile Data Service may be identified by the following but not limited to:

a.       24/7 continuous data sessions,

b.       data usage patterns significantly beyond a Typical Use,

c.        fixed-line replacement behaviour,

d.       multi-user traffic activity (indicative of router/CPE or hotspot use),

e.       extremely high or repeated volume exceeding typical mobile usage.

 

Abnormal or excessive usage, whether measured against Typical Use or detected by violations of Clauses 8 & 9 above, may trigger an investigation by XOX and XOX shall take any necessary action under this FUP.

 

11.    All advertised “high-speed data” is subject to the limits, and the terms and conditions of this FUP. In the event any usage exceeds this FUP thresholds or abnormal usage triggers are detected under Clause 10, XOX may take necessary action, including reducing speed to ensure fair network access for all Subscribers.
Speed test results following throttling do not indicate a network performance failure but reflect the application of FUP limits due to excessive or abnormal usage.

 

FAIR USAGE OF TALK TIME & SHORT MESSAGING SERVICE (SMS)

1.       The use of Talk Time and SMS Services is subject to fair usage under this FUP.

 

2.       For personal plan/package Subscribers, Talk Time and SMS Services shall only be used for personal and non-commercial purposes, and not for Commercial Gain.

 

3.       For Enterprise Subscribers, usage shall be limited to Individual Business Communication only, and not for Commercial Gain.

 

4.       Subscribers shall not use the Talk Time (including but not limited to conference calling or call forwarding) or SMS Services:

a.       for international bypass, SIM boxing, or OTT call termination;

b.       to operate call centres, telemarketing, or similar commercial operations unless subscribed under the appropriate business plan;

c.        to send unsolicited or bulk messages, including Spam, whether commercial or non-commercial;

d.       for purposes of Commercial Gain;

e.       to deliver third-party content or messages via XOX SMS Services;

f.         to transmit unlawful, offensive, abusive, defamatory, obscene, harassing, or otherwise objectionable content;

g.       to send any messages which are against the public interest, public order or national harmony;

h.       for fraudulent, unauthorized, or improper purposes;

i.         in any way that is improper or inappropriate, including in a manner that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior; or

j.         in any way that is deemed to have a negative impact on XOX’s and other Subscriber’s ability to enjoy our Talk Time Service.

 

5.       XOX reserves the right to block, filter, or restrict any communications suspected to be spam, malicious, fraudulent, or otherwise unlawful, without liability to the Subscriber.

 

6.       Subscribers are responsible for securing their devices against malware and unauthorized use and are advised to implement antivirus, firewall, and regular security updates.

 

7.       Subscribers shall use reasonable best endeavors to secure any device or network within their control against being used in breach of their obligations under this FUP by third party software that is intended to damage or disable computers and computer systems (Malware), including where appropriate:

a.       the installation and maintenance of antivirus software;

b.       the installation and maintenance of firewall software; and

c.        the application of operating system and application software patches and updates.

 

8.       Spam can be reduced, if Subscribers:

a.       do not open SMS or MMS from dubious sources;

b.       do not accept Spam-advertised offers;

c.        report any Spam received; and

d.       avoid becoming an accidental Spammer by replying to the SMS and/or MMS or clicking on dubious links.

 

SECURITY OBLIGATIONS

1.       Each Subscriber 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 Subscriber/Customer is responsible for:

a.       ensuring that his/her User ID and /or password, at all times, remain confidential (where applicable); and

b.       the set-up and security of his/her Device and any servers that they may run on their Device (where applicable).

 

2.       XOX may request that the Subscriber change his/her User ID and/or password if deemed necessary (where applicable).

3.       The Subscriber 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 Subscribers do not have access rights (where applicable).

4.       The Subscriber must immediately advise XOX if they have become aware of any violation or suspected violation of these provisions.

 

5.       XOX strongly recommends that Subscribers protect their Devices and/or Mobile Devices with (a latest/updated) anti-virus software.

 

VIOLATION OF THE FUP

If you know of or suspect any violators of XOX’s Services under this Policy, please notify XOX of the contact details of an abuse account immediately at:

a.       12273 from XOX numbers;

b.       1300888010 from fixed lines and other mobile operators; or

c.        +603–7800 0033 if you are abroad.

 

VOLUME ALLOCATION

1.       You will enjoy the Services depending on the plans or package subscribed. Each package or plan has a monthly usage volume allocation. Please refer to XOX website for the structures of volume allocations for the various packages or plans offered by XOX.

 

2.       Notwithstanding the above, if you fail to receive any notification from XOX, XOX will still proceed to manage your Services if you have exceeded your volume allocation. Therefore, you must take the necessary measures to constantly monitor its usages in addition to the volume when accessing and using the Services.

3.       You must submit accurate and updated personal details to XOX, which include the mobile phone number, e-mail address and other information deemed necessary by XOX to receive the above-mentioned notifications.

4.       XOX reserves the right to review upwards or downwards the volume allocation depending on the plans without prior notice. Nevertheless, such reduction or restrictions will not limit or stop your activities or usages of the Services.

 

5.       The Data volume calculation shall take into consideration of ALL activities carried out by you including those knowingly or unknowingly done under the Services.

 

UNLAWFUL ACTIVITIES

1.       In agreeing to the use of the Services, Subscribers must conform and comply with all applicable laws of Malaysia, order, codes, regulations, notices, or restrictions issued by the government, regulatory agencies and/or industry code of practice.

 

2.       The Subscribers will not knowingly permit any illegal use or such use that will discredit XOX.

3.       XOX reserves the right to release any such information if it is required to do so by any law, regulatory body or court of law.

 

4.       The Subscribers will not permit the XOX Services to be used for any illegal purposes and/or furtherance of any illegal purposes as well as ensure that any usage will not discredit XOX ("Prohibited Use").

5.       Prohibited Use includes but are not limited to, NOT carrying out the following activities:

a.       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;

b.       knowingly or negligently transmitting or uploading any electronic material(s) or SMS’ or messages (including, without limitation, 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 telecommunication equipment owned by Network Operator or any other internet user or person;

c.        allowing activities that invade another's privacy or cause annoyance or inconvenience to any person;

d.       allowing activities 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;

e.       allowing anything that may disrupt or interfere with XOX's Network or Service(s) or causes a host or the Network to crash;

f.         launching "denial of service" attacks, "mail-bombing" attacks, "spamming" or "flooding" attacks against a host, our Network;

g.       making excessive use of, or placing unusual burdens on, the Network, e.g., by sending or receiving large volumes of emails or SMS’ or messages or excessively large mail attachments;

h.       circumventing the user authentication or security process of a host, our Network; or

i.         creating, transmitting, storing, or publishing any virus, Trojan, corrupting program or corrupted data.

 

BREACH OF FUP

1.       If XOX, in its reasonable opinion, determines that a Subscriber has breached or likely to have breached any provision of this FUP, XOX may, at our sole discretion, without notice take any action immediately, including but not limited to:

a.       restricting, suspending, or terminating the Subscriber’s Service(s), with or without notice;

b.       throttling or capping the  data speed (where applicable);

c.        blocking access to certain applications, content, or websites;

d.       change your plan to one with no unlimited usage components (where applicable);

e.       charge for excess usage at the rates specified in your plan's terms and conditions; or

f.         reporting the breach to relevant enforcement or regulatory authorities

2.       In the event your right of access to the Services or any part of it is interrupted, suspended, cancelled, or limited or your Account is terminated as a consequence of the breach of the terms of use of any Service under this Policy, you may appeal for reactivation of the said Account in accordance with XOX’s prevailing policies and procedures.

 

3.       We may, at our discretion, reconnect your Services upon remedy of such breach or violation. If we reconnect your Services, a reconnection fee of an amount to be determined by XOX from time to time may be charged to you for us to reactivate your Services.

 

4.       XOX’s failure to take any action in the event of a breach of the terms of use of the Services under this FUP shall not be construed as a waiver of the right to enforce such terms, conditions, or policies.

 

5.       XOX shall not be liable for any loss, cost, damage, or inconvenience suffered by the Subscriber as a result of any action taken under this Clause.

 

MONITORING AND INVESTIGATION

1.     XOX reserves the right to monitor, review, and analyze Subscriber usage patterns to ensure compliance with this FUP.

 

2.     Where unusual or excessive usage is detected, XOX may conduct an investigation and require the Subscriber to provide clarification or supporting information regarding such usage.

 

3.     Failure to provide satisfactory clarification, or continued excessive usage after notification, may be treated as a breach above.

 

INTELLECTUAL PROPERTY RIGHTS

You are reminded that any download of illegal content by law is an infringement of intellectual property rights and rightful owners of such intellectual property rights may take measures to prosecute against the individual subscriber. Please be reminded of each Subscriber’s download and/or upload can be traced back to the Subscriber 's account with XOX. It is also against this Policy for the Subscribers carrying out activities which are in breach of any other third party's rights, including downloading, installation or distribution of pirated software or other unlicensed software, deletion of any author attributions, legal notices or proprietary designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material.

 

VARIATION AND AMENDMENTS

XOX reserves the right to change, vary, amend, or add to the terms and conditions of this Policy from time to time with or without notice to the Subscriber and the Subscriber shall be bound by such changes, variations, amendments and/or additions. Please visit XOX’s webpage at oneXOX Official Website periodically to determine any changes, variations, amendments and/or additions made to this Policy.

 

PREVAILING TERMS

1.       This Policy is supplemental and shall be read together as an integral part of the terms and conditions governing the Services and its relevant addendum. If there is any inconsistency between the Policy and the terms and conditions of the Services, the terms and conditions governing the Services posted on the oneXOX Official Website will prevail.

2.       Where the Terms and Conditions are translated into a language other than the English Language, in the event of any inconsistencies, conflicts or discrepancies between the terms and conditions set out in the English Language version and that of the other language(s), the English Language version shall prevail.

 

DISCLAIMER

This Policy shall only be applicable to the usage of Services by the Subscriber and shall not in any way be applicable and enforceable against XOX in so far as the law of Malaysia permits.

 

INDEMNITY

You agree to indemnify and hold XOX harmless from any and all claims, demands, liabilities, costs, and expenses, including reasonable legal fees, arising from or in connection with your use of the Services, any breach of this FUP, or any other terms and conditions governing the Services, including but not limited to any claims of intellectual property infringement or defamation caused by your use of the Services.

 

LIMITATION OF LIABILITY

To the fullest extent permitted by law, XOX, its affiliates, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data, or other intangible losses, resulting from:

a.                   the use or the inability to use the Services;

b.                   any unauthorized access to or alteration of your data transmissions;

c.                    the suspension or termination of your Services in accordance with this FUP; or

d.                   any other matter relating to the Services.

 

GOVERNING LAW AND JURISDICTION

This FUP shall be governed by and construed in accordance with the laws of Malaysia. The courts of Malaysia shall have exclusive jurisdiction over any disputes arising from or relating to this FUP or your use of the Services.

 

ASSIGNMENT

XOX reserves the right to assign, transfer, or otherwise novate its rights and obligations under these Terms and Conditions to any entity within XOX Group, without the prior consent of the Subscriber. Such assignment shall not affect the Subscriber’s rights or obligations under this agreement.

 

Last Updated on 19^th November 2025