XOX MOBILE FAIR USAGE POLICY

 

Interpretation

1.    As is - means no express or implied warranty is provided. Subscribers therefore take the Service at his or her own risk, without recourse against us for the Service's condition or performance.

2.    Commercial Gain - means any form of profits earned and/ or gained by the Subscriber directly and/ or indirectly arising from usage/utilisation of the Services with any unauthorised device or any other ways in any manner whatsoever which unfairly exploit the Services or spamming activities for the purposes of unauthorised reselling as stipulated in this Fair Usage Policy (“Policy”).

3.    Device(s), Mobile Device(s) - refers to the mobile device used by the Subscriber to access the Service.

4.    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.

5.    Improper Usage – means usage of XOX MOBILE’s Services for illegal purposes and /or furtherance of any illegal purposes.

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

(a)  Within the Enterprise Subscriber’s organisation solely for the benefit and interest of the Enterprise Subscriber; and

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

(c)  Malware

7.    Mobile Data Service(s), Data – refers to the Internet services offered by XOX MOBILE

8.    Network – means the mobile telecommunications system run by us.

9.    Non-Legitimate Use - means usage of XOX MOBILE’s Services for a purpose besides what the Service is intended for, illegal purposes and /or furtherance of any illegal purposes

10.  Policy – refers to the Fair Usage Policy contained herein.

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

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

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

14.  Subscriber, Subscribers, his, her, they, their, you, your, yours - means the person authorised 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.

15.  Talktime – refers to the calls services offered by XOX MOBILE.

16.  XOX MOBILE, we, us, our, ours, its - means XOX MOBILE Sdn Bhd (813250-K) and its authorized assignees and successors in title.

 

Introduction

1.         By registering, using and accessing XOX MOBILE Sdn Bhd (813250-K) ("XOX MOBILE ")’s Services regardless of the plan and/or package, the Subscriber hereby agrees to be bound and be subject to these terms and conditions as contained herein.

 

Purpose

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, XOX MOBILE believe all users should be responsible in their usage.

2.         XOX MOBILE introduced and implement this Policy outlined below to ensure fairness of usage and experience to all the XOX MOBILE’s Subscribers, and to set out an acceptable level of conduct between us and our Subscribers relating to the use of our Services.

3.         This Policy is intended to prevent the abuse of our Services whilst aiming to provide the best quality of service to a maximum number of users.

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 unauthorised device or any other ways which unfairly exploit the Services for the purposes of unauthorised 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 MOBILE reserves the right to inform the Subscriber that he is close to the limit set out and then, if such limit is surpassed, XOX MOBILE 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 MOBILE’s Network, either provisionally or indefinitely, with no prior notice.

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

 

Non-Legitimate Use

1. The non-exhaustive list of practices that we consider to be Non-Legitimate Use are:

(a)    Using for commercial purpose i.e 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), talktime, SMS or data except for XOX MOBILE Enterprise SMS and MMS services (SIM boxing, bulk SMS service or aggregate minutes) wholesale 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 which could keep a line open potentially for hours and limiting the ability for other customers to access our Network;

(e)    Unusual calling patterns inconsistent with normal, individual plan use, for example, 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, unless you are on the business plans/packages;

(g)    Sending or uploading unsolicited electronic messages through various communication modes, not limited to, unsolicited e-mails, SMS or instant messaging services where there is no prior relationship between the sender and the recipient, whether or not the content is commercial or non-commercial, advertising or promotional materials, offers to sell any goods or services, or conducting or forwarding surveys, contests or chain letters;

(h)    Excessive usage 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 our Service(s) to allow activities to invade another’s privacy, cause annoying, inconvenience or needless anxiety to any person; or

(j)     Any repeated, unusual and/or abusive patterns involving change of rate plans or recurring Mobile Data Services will constitute as an abuse of change of rate plans of use Mobile Data Services.

 

Fair Usage Policy

Mobile Data

1.         Software and applications which are used by you to send and/or receive, for uploading and/or downloading of files containing very large amounts of Data (e.g. Peer-to-Peer traffics like Bit Torrent or other similar file sharing applications). These softwares and applications demand a significantly huge amount of bandwidth which will negatively impact the speed and also cause network congestion. As a result, a vast majority of Subscribers will be affected from degradation or the quality of Mobile Data Service and deemed as excessive usage. Excessive usages are 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, operates at the back of the devices.

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

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

4.         The Data volume calculation shall take into consideration of 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. The responsibilities and onus of proving shall be on you to ensure that the Devices which are free from all viruses, spy bots, malwares and any other harmful infections when using the Mobile Data Service.

5.         You agree that XOX MOBILE:

(a)       reserves the right to manage your allocated bandwidth including but not limited to reducing your speed, suspend or terminate your bandwidth to the Mobile Data Service to ensure that fair access to all XOX MOBILE Subscribers on the same Network with or without prior notice to you as prescribed in this Policy if it is believed that your usage is excessive, unusual and/or consuming a large amount of bandwidth that affects the quality of the network for other users; and

(b)       may, at its sole discretion, automatically disconnect your access to the Mobile Data Service after a period of your inactivity. This automatic disconnection is to allow maximum network performance (where applicable).

6.         You shall not use the Mobile Data Service:

(a)       to run programs or servers that provide network content or connectivity to any third party not at the location where the connection is installed (including but not limited to FTP, HTTP, game, newsgroup, proxy, and IRC servers);

(b)       to generate excessive 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 attempt to gain unauthorized access to any computer system.

(d)       for purposes other than personal and Individual Business Communication. This Mobile Data Service is conditional on fair usage in accordance with this Policy and/or other related terms and conditions;

(e)       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.

(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 MOBILE 's Mobile Data Service, or for any other reason that in our sole discretion violates our policy of providing Mobile Data Service for individual use; or

(h)       in breach of any other applicable restrictions on your use of XOX MOBILE’s Mobile Data Service under XOX MOBILE’s terms and conditions including but not limited to this Policy.

7.         You can reduce the amount of Spam received if you:

(a)       do not open emails or other instant messaging services from dubious sources;

(b)       do not accept Spam-advertised offers via emails or other instant messaging services;

(c)       report any Spam received; and

(d)       avoid becoming an accidental Spammer by replying the emails/other instant messaging services or clicking on dubious links.

 

Talktime

1.         The utilisation of Talktime Service is conditional on fair usage in accordance with this Policy and/or other related terms and conditions governing the Talktime Service.

2.         You may not abuse or misuse the Talktime Service or otherwise use any of the Talktime Service in breach of any other applicable restrictions on your use of Talktime Service under XOX MOBILE’s terms and conditions including but not limited to this Policy.

3.         For personal plan/package Customers, you are only to use Voice Service for personal and non-commercial purposes and it shall not be used for Commercial Gain.

4.         For Enterprise Subscribers, you are only to use the Voice Service for personal and Individual Business Communication purposes and it shall not be used for Commercial Gain.

5.         In subscribing to any Talktime Service plan/package, you shall not use the Talktime Service (including but not limited to conference calling or call forwarding):

(a)       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 behaviour; or

(b)       in any way that is deemed to have a negative impact on XOX MOBILE’s and other Subscriber’s ability to enjoy our Talktime Service.

 

XOX MOBILE Short Messaging Service

1.         The utilisation of XOX MOBILE Messaging Service, which includes but is not limited to short messages system and multimedia message service (MMS), is conditional on fair usage in accordance with this Policy and/or other related terms and conditions governing the XOX MOBILE Short Messaging Service.

2.         For personal plan/package Subscribers, you are only to use XOX MOBILE Messaging Service for personal and non-commercial purposes and it shall not be used for Commercial Gain.

3.         For Enterprise Subscribers, you are only to use XOX MOBILE Messaging Service for personal and Individual Business Communication purposes and it shall not be used for Commercial Gain.

4.         You may not abuse or misuse XOX MOBILE Messaging Service or otherwise use any of the XOX MOBILE Messaging Service in breach of any other applicable restrictions on your use of XOX MOBILE Messaging Service under XOX MOBILE’s terms and conditions including but not limited to this Policy.

5.         In subscribing to any XOX MOBILE Messaging Service or any plan/package which contains XOX MOBILE Messaging Service, you agree not to use XOX MOBILE Messaging Service:

(a)       to send unsolicited electronic messages sent through various communication modes including but not limited to email, SMS, MMS or instant messaging services regardless of existence of prior relationship between the sender and the recipient and regardless of content whether commercial, non-commercial or messages including malicious program and/or content and/or data including unsolicited messages, videos, advertising, marketing or promotional materials (“Spam”);

(b)       for Commercial Gain purposes;

(c)       for or to provide for bulk messaging and that you further agree that XOX MOBILE Messaging Service shall be used only for “person-to-person” communication;

(d)       to deliver messages originating from third parties to any person;

(e)       to send any messages which are against the public interest, public order or national harmony;

(f)        to send, publish, post, distribute, disseminate, encourage 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;

(g)       for any improper, unlawful, fraudulent or unauthorised purpose or to cause any injury, offence or annoyance to any person;

(h)       to use or distribute any software applications designed to harvest mobile number or email addresses or personal information or data of the recipient or any third party;

(i)         to host any device or provide or enable the provision of any service that allows SMS/MMS to be sent by third parties using the mobile number allocated to you or service provided by XOX MOBILE;

(j)         for any purpose which violates or infringes any applicable laws, regulations, regulatory requirements, standards or codes;

(k)       for activities that will adversely affect the ability of users or systems to use XOX MOBILE Messaging System; or

(l)         for any other reason that in our sole discretion violates our policy of providing the XOX MOBILE Messaging Service for individual use.

6.         You shall use reasonable best endeavours to secure any device or network within your control against being used in breach of your obligations under this Policy 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.

7.         You can reduce the amount of Spam received if you:

(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 the SMS and/or MMS or clicking on dubious links.

 

Security

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 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 MOBILE 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 MOBILE if they become aware of any violation or suspected violation of these provisions.

5.         XOX MOBILE strongly recommends that Subscribers protect their Device s and/or Mobile Devices with anti-virus software.

 

Violation of the Policy

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

(a)       12273 from XOX MOBILE 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 MOBILE website for the structures of volume allocations for the various packages or plans offered by XOX MOBILE.

2.         Notwithstanding the above, if you fail to receive any notification from XOX MOBILE, XOX MOBILE 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 MOBILE, which includes the mobile phone number, e-mail address and other information deemed necessary by XOX MOBILE to receive the above said notifications.

4.         XOX MOBILE 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 knowing 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 MOBILE.

3.         XOX MOBILE 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 MOBILE 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 MOBILE ("Improper Usage").

5.         Improper Usage 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 Maxis 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 MOBILE'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 programme or corrupted data.

 

Termination and Suspension

1.         In the event that you are found to be in violation of our Policy, XOX MOBILE may, at our sole discretion, without notice take any action including but not limited to:

(a)       manage the bandwidth by reducing/throttling the speed (where applicable)

(b)       interrupt, suspend, cancel or limit your right of access to the Services (or any feature of it);

(c)       terminate the Services;

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

(e)       the imposition on you of a liquidated ascertained damages of an amount to be determined by XOX MOBILE from time to time per each breach committed.

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 MOBILE’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 MOBILE from time to time may be charged to you for us to reactive your Services.

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

 

Intellectual Property Rights

1.         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 each Subscriber’s download and or upload can be traced back to the Subscriber 's account with XOX MOBILE. 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

1.         XOX MOBILE 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 the XOX MOBILE’s web page at www.onexox.my 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 terms and conditions of 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 website at www.onexox.my 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

1.         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 MOBILE in so far as the law of Malaysia permits.