Service Terms & Acceptable Use Policy For PTCL Services
FAIR USAGE POLICY FOR BROADBAND FIXED LINE SERVICES
PTCL Fair Usage Policy (FUP) is a practice ensuring that an optimum internet experience is available to the maximum number of users. FUP makes sure all our customers get the best internet experience. Any extra usage by the customer will be charged as per policy. PTCL reserves the right to suspend or disconnect any customer account(s) that may be in violation of regulations or policies.
Below are the FUP details.
For Below 20 Mbps Data Rate
|Allowed Usage||1,000 GBs|
|Additional Volume Bucket||100 GBs for Rs. 200|
|Maximum Additional Charges after which it becomes unlimited||Rs. 3,000 (for 15 buckets/1500 GBs)|
For 20 Mbps & Above Data Rate
|Allowed Usage||2,000 GBs|
|Additional Volume Bucket||100 GBs for Rs. 200|
|Maximum Additional Charges after which it becomes unlimited||Rs. 5,000 (for 25 buckets/2500 GBs)|
SERVICE TERMS & ACCEPTABLE USE POLICY FOR PTCL SERVICES
This Service Terms and Acceptable Use Policy (“AUP”) governs high speed internet service (hereinafter “service”) provided to you by PTCL (together with any subsidiaries or affiliates providing your service, hereafter “PTCL”, or “Company”) and includes the following terms and provisions as provided herein and as may be amended or modified from time to time. The terms and provisions of this AUP are without prejudice or limitation of any rights to suspend or terminate service that Company otherwise possesses under your Agreement or any applicable law.
1. Applicability. This AUP applies to you as a customer and to any other person, authorized or unauthorized, using your service (each such person, a “User” or “You”). For purposes of this AUP, your use includes and you are responsible for, the use of all Users who access service through your account. It is your responsibility to take precautions to limit access of service to approved Users.
2. Compliance Required. A User must comply with this AUP. Company reserves the right to terminate or suspend service immediately or to otherwise disconnect, remove, block, filter or restrict your use of service, without any prior notice, if Company determines, in its sole discretion, that such use is illegal or violates this AUP. Company will cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. If Company believes that you have used service for an unlawful or abusive purpose, Company may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to Company’s forwarding of any such communications and information to these authorities. In addition, Company may provide information in response to law enforcement requests, lawful government requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to you or others. Company also reserves the right to take action on abuse which is not specifically named in this AUP at the sole discretion of the Company. Use of the Company’s systems and network constitutes understanding and agreement of this AUP.
3. Prohibited Uses and Activities. This AUP identifies certain uses and activities that Company considers to be unlawful or abusive and therefore strictly prohibited. Use the Service for any purpose other than personal and non-commercial residential use (except for your individual use for telecommuting) is not allowed. Use of service for operation as an Internet Service Provider or for any business, other legal entity, or organizational purpose (whether or not for profit) is also prohibited. Service is available for individual User use only and not for resale. Reselling of service without Company’s written authorization will be considered a violation of Company’s terms and will result in termination of service.
Pricing is based on contemplated usage not exceeding commercially reasonable limitations. Unlimited plans and features offered as part of any service may ONLY be used for normal residential and Fair Usage Policy “FUP” will also apply. Company reserves the right to immediately disconnect or modify your service if Company determines, in its sole and absolute discretion, that your use of service is, or at any time was, inconsistent with normal residential usage patterns or is otherwise in violation of this AUP. In the event your usage exceeds applicable usage limitations and as an alternative to disconnection of service, Company may offer you a revised Agreement including higher rates for usage of service. Company reserves the right to protect its network from harm, which may impact legitimate data flows. Company reserves the right to limit throughput or amount of data transferred, and to deny or discontinue service, without notice, to anyone it believes is using an unlimited data plan or feature in any manner prohibited herein or whose usage adversely impacts Company’s network or service levels.
The examples listed herein are non-exclusive and are provided solely for guidance to Users. Company, at its sole discretion, reserves the right to discontinue service for any unlawful use. In addition to any other illegal or abusive uses or activities, the following constitute violations of this AUP:
3A. Unlawful Use: Using service in any manner that violates law, including without limitation using service to transmit any material (by e-mail or otherwise) whose transmission is unlawful under any law applicable to such transmission. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any law, order, or regulation.
3B. Copyright or Trademark Infringement or Proprietary Right: Using service to transmit any material (by e-mail, bit torrent software, direct download, FTP sites or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of Company or any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, the digitization and distribution of copyrighted video or music, and the unauthorized transmittal of copyrighted software. And/or using service to upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner.
3C. Violation of the Pakistan Copyright Ordinance: Using service to circumvent any technological measures used by copyright owners to protect their works or using service to produce or disseminate technology primarily designed or produced to circumvent copyright ordinance protections, that have only limited commercially significant purpose or use other than to circumvent; or that are marketed for use in circumventing copyright ordinance protections.
3D. Harm to Minors: Using service to harm, or attempt to harm, minors in any way; including but not limited to activities involving child pornography or the sexual exploitation of children.
3E. Threats: Using service to transmit any material (by e-mail or otherwise) that illegally threatens or encourages bodily harm or destruction of property.
3F. Invasion of Privacy: Using service for invading another person's privacy, stalking, harassing, or otherwise violating the rights of other persons.
3G. Fraudulent Activity: Using service to initiate, perpetuate or in any way participate or make fraudulent offers to sell or buy products, items or services, or to advance any type of financial scam such as “pyramid schemes,” “Ponzi schemes”, unregistered sales of securities, securities fraud and “chain letters” or any other illegal schemes. And/or using service to falsify references to PTCL or its network, by name or other identifier, in messages or any correspondence.
3H. Forgery or Impersonation: Using service for adding, removing or modifying identifying network, message or article header information in an effort to deceive or mislead. And/or using service for attempting to impersonate any person by using forged headers or other identifying information.
3I. Unsolicited Commercial E-mail/Unsolicited Bulk E-mail or Messages: Using service to transmit any unsolicited commercial e-mail or unsolicited bulk e-mail or unsolicited communication. And/or using service for activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail or unsolicited bulk communication, whether or not that mode is commercial in nature. And/or using service for deliberately misleading headers in e-mails sent to multiple parties. And/or using service to collect responses from unsolicited bulk messages.
3J. Intentional Network Disruptions and Abusive Activity: Using service for any activity that adversely affects the ability of other people or systems to use service or third-party Internet-based resources. This specifically, but without limitation, includes excessive consumption of network or system resources whether intentional or unintentional. This also includes “denial of service” (DoS) attacks against another network host or individual user. And/or using service to interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host or hacking, phishing or phreaking. And/or using service for the transmission of viruses, malware, or engaging in” mail bombing,” “chat flooding,” cybersquatting, and similar unlawful behavior. And/or using service for attempting to circumvent user authentication or security of any host, network, or account on Company’s systems or the Internet at large ("cracking"). This includes scanning or probing ports without the consent of the owner of the machine being scanned. And/or using service to send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service. And/or using service to falsify, alter, or remove message headers or be involved in hacking. And/or using service to impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity.
3K. Unauthorized Access: Using service to access, or to attempt to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Company’s or a third party’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in disruption of service or the corruption or loss of data. And/or using service to connect PTCL Equipment (wirelessly or with wire) to any computer outside of your Premises or indirectly use connection out of premise.
3L. Collection of Personal Data: Using service to collect, or attempt to collect, personal information about third parties without their knowledge or consent and/or in violation of applicable law. And/or using service to participate in the collection of very large numbers of email addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or to participate in the use of software (including “spyware”) designed to facilitate this activity.
3M. Extending services beyond the premises of installation: Using service for any purpose including but not restricted to Re-selling, Re-distribution of Services, Call Center Business, Grey Trafficking or genuine use, without formal contract with PTCL & license.
3N. Avoiding incurring charges: Using service to avoid incurring charges for or to otherwise avoid being required to pay for usage of the Broadband Service
3O. High bandwidth consumption: Using service or facilities for web-hosting, e-mail hosting, or other unusually high-bandwidth consumption unless User has made special subscription arrangements with PTCL and the usage does not otherwise violate this AUP, any law or regulation.
4. Content. You will be liable for any and all liability that may arise out of the content transmitted by you. You shall assure that your use of service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. Company reserves the right to disconnect or suspend your service and remove your content from service if Company determines, in its sole and absolute discretion, that such use or content does not conform to any applicable law, the requirements set forth in this AUP or interferes with Company’s ability to provide service to you or others. Company’s action or inaction under this Section will not constitute any review, waiver or approval of your usage or content.
5. Service Monitoring. Company is under no obligation to monitor a customer’s usage, bandwidth, transmissions and/or content of service. However, Company may monitor the usage, bandwidth, transmissions and content of service periodically to (i) comply with any necessary laws, regulations or other governmental requests or (ii) operate service properly or to protect itself, its network and its customers and subscribers. Company reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of this AUP or any other terms and provisions applicable to service.
6. Web/FTP Sites. Acceptable use of Company’s web/FTP space does NOT include: Distribution of illegal pornographic or otherwise indecent or offending materials, distribution of restricted software or materials in violation of copyrights or distribution licenses, or any other illegal activity prohibited by PTA, PEMRA or under Paragraph 3, above.
7. Theft of Service. You must notify Company immediately if you become aware at any time that your service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you provide such notification, you must provide your account number and a detailed description of the circumstances of the theft, fraudulent or abusive use of service. Failure to do so in a timely manner may result in the disconnection of your service, additional charges to you, and civil or criminal liability. Until such time as Company receives notice of the theft, fraudulent use or abusive use, you will be liable for all stolen, fraudulent or abusive use of service. Company reserves all of its rights at law and equity to proceed against anyone who uses service illegally or improperly.
8. Indemnification. By activating or using service, you agree to use service only for authorized, lawful purposes in accordance with this AUP, your Agreement, and applicable laws and regulations. In addition to being subject to other remedies, liabilities and obligations under law or applicable agreements, you shall defend, indemnify, and hold Company, its employees, affiliates and agents harmless from any claims, damages, losses, or expenses (including without limitation attorneys’ fees and legal costs) incurred in connection with all claims, suits, judgments and causes of action for damages arising from the breach by you or your Users of any provision of this AUP.
Company shall not be liable to customers or third parties for any direct, incidental, indirect, special, punitive, exemplary or consequential damages or for any other damages, including but not limited to loss of data, degradation of service, loss of revenue or profits, or failure to recognize expected savings, or damages of any kind or nature arising out of or in connection with the use or inability to use the service including the inability to be able to contact help or to access emergency service personnel or VoIP services through the service.
The Customer also agrees that PTCL shall be indemnified against all acts or omissions of the channels or contents provided for Smart TV by third party.
9. Termination of Service & Administrative Discretion. Company has the right to terminate access to or use of this service as provided in this AUP and/or any other specific agreement with PTCL. Access to and use of service is subject to strict compliance with law and applicable agreements. Company has sole and final discretion over all aspects of the Services, network and this AUP. Company reserves the right to terminate any account or service without cause or prior notice. Company also reserves the right to not give services to anyone.
10. Modifications. Company may modify the terms and conditions of this AUP in a commercially reasonable manner from time to time and shall provide you notice of such changes by publication on our website, bill message or other commercially reasonable notice. Your use of service following such notice constitutes your agreement to the modified terms and conditions.
11. Governing Law. This AUP and the relationship between you and Company shall be governed by and construed in accordance with the laws of the Islamic Republic of Pakistan.
12. No Waiver of Rights. Company’s failure to exercise or enforce any right under or provision of this AUP shall not constitute a waiver of such right or provision.
13. Severability. If any part or provision of this AUP is legally declared invalid or unenforceable, that part or provision will be construed consistent with applicable law as nearly as possible, and the remaining parts and provisions will remain in full force and effect. Such invalidity or non-enforceability will not invalidate or render unenforceable any other part or provision of this AUP.
14. Applicability to Attached Sites. Sites directly attached to Company are expected to adhere to Company’s acceptable use policies and this AUP. The individual who signed the contract is responsible for educating site users on acceptable use policies and this AUP. Violations of the AUP by directly attached sites will be referred to the account owner for resolution. The account owner will be held responsible for any violations of the AUP.
15. Fault or Complaint. Rectification In case of any customer complaint received to fix the provided service, customer needs to allow PTCL staff or staff on behalf of PTCL visiting the premise where PTCL lines are installed or terminated in order to rectify the issue. Customer to not indulge in abusive or threatening behavior failing which company reserves the right to exercise Termination of Service & Administrative Discretion
16. Important Customer Information and other service terms.
16A. In addition to the terms and conditions set forth in this AUP, service is subject to your Agreement, which you should read carefully before activating or using service. By signing The SERVICE AGREEMENT AND/OR ACTIVATING OR USING SERVICE, you agree to comply with all of the APPLICABLE terms, conditions and provisions contained IN THE SERVICE APPLICATION, SERVICE AGREEMENT AND ANY APPLICABLE SERVICE TARIFFS, this ACCEPTABLE USE POLICY (“AUP”), THE TERMS AND CONDITIONS OF SERVICE, AND YOUR SELECTED SERVICE PLAN OR SERVICE PACKAGE.
16B. Service Provision. In addition to the terms and conditions set forth in this AUP, you are also subject to the terms and conditions of the package subscribed and PTCL reserves the right to provision service keeping in view the interest of company.
16C. Bandwidth Provision. Internet access given is on shared internet access (SIA) basis so the package data rate/speed subscribed is the maximum possible speeds which you might get and may vary from time to time or connection to connection
17. Payments and Charges:
(A) The Customer shall unconditionally pay all applicable charges mentioned in the invoice within the specified time.
(B) Failure to make Payment within due date would: (i)Result in immediate disconnection / suspension / termination of the Service and Contract; (ii) Render the Customer to pay outstanding amounts due to PTCL; and in case of disconnection an extra surcharge shall be payable by the Customer, on the amount outstanding at the rate of 2% per month above KIBOR, in addition to the Bank Rate per annum pro-rated weekly, and in the absence of KIBOR, other rate determined by PTCL pro-rated weekly. (iii) Give PTCL a right to suspend / disconnect Service(s) to any or all other Connections held by the Customer;
(C) Render the Customer to pay applicable reconnection charges, if a reconnection is requested, and before reconnection, the Customer shall pay an advance against future payments, if required;
(D) Customer shall pay Monthly Charges till the suspension or disconnection of the Service(s) becomes eff¬ective, whether such suspension/disconnection is required by the Customer (or by a person acting on behalf of the Customer) or by PTCL in accordance with Clause 11 of this contract.
(E) PTCL reserves the right to determine an appropriate credit limit to the Customer for availing the Service(s). Such credit limit shall be secured either by a refundable cash deposit placed by the Customer with PTCL or other adequate security or alternate arrangement acceptable to PTCL. In the event such credit limit is exceeded at any time, PTCL is entitled to disconnect or suspend the Service(s) to the Customer and/or terminate the Contract.
(F) PTCL reserves the right to charge for invoice and bill delivery. It is free of cost for limited time.
18. Equipment: All Equipment, except paid as completely sold, will remain the asset of PTCL and customers are bound to return the Equipment in its original working condition in the event of termination of Service(s).
18A. Warranties: (A) In addition to terms contained in the warranty card, the Equipment purchased by the Customer from PTCL, is free from defects in material and workmanship, and the Customer acknowledges that commencement of Service(s) shall be deemed to be a discharge of this warranty. (B) This warranty is specifically limited to defects in material and workmanship in the Equipment and does not apply where the Equipment is used in combination with equipment not supplied, manufactured or expressly approved by PTCL. It shall also not apply to repair or replacement necessitated by catastrophe, misuse, abuse, fault or negligence, user modification, improper maintenance or operation, user alteration or damages due to spilling of food or liquids, and normal wear and tear. (C) PTCL hereby disclaims all liabilities whatsoever in respect of and/or arising out of the Service(s) provided, except for the warranty provided in paragraph (A) above. (D) Warranty for broadband modem & STB is applicable for one year from date of installation.
18B. Maintenance & Replacement of Broadband Modem: In case of damage to broadband modem, not covered under the warranty, the customer will be charged for the cost of the damaged modem with an option to purchase new.
18C. Maintenance / Replacement of STB/EVO Device and charges for misuse:
(A) (i). For customers who have purchased the STB/EVO Device on onetime payment - In case the STB/EVO device has been damaged due to reasons not covered under Warranty, the faulty STB/EVO device will be returned to the customer and the options for procuring a new one will be offered to the customer. (ii). For Customers who have purchased STB/EVO Device on Installments: In case the STB/EVO device has been damaged due to reasons not covered under Warranty, the customer shall pay the old lease charges, the STB/EVO device will be returned to the customer and the options for procuring a new one will be offered to the customer i.e. New purchase or new lease.
(B) In case of termination of Smart TV/EVO services on customer request or nonpayment or for any other reason, the terms and conditions regarding CPE will be as follows: (i) For customers who have Purchased STB/EVO Device on onetime payment: In the event the Customer decides to discontinue Smart TV/EVO Service, PTCL is not bound to purchase back the STB/EVO Device. The equipment will become the property of customer and will not be collected by PTCL. (ii) For Customers who have purchased STB/EVO Device on Installments: The Customer agrees that the leased equipment remains in the ownership of PTCL until the leased amount is fully paid o by the Customer to PTCL. In case of termination of service due to any reason, the customers will allow PTCL staff to collect the STB/EVO Device from the customer premises and pay any PTCL dues and outstanding bills excluding any future hire purchase installments. Moreover, PTCL will not refund any installments paid towards the hire purchase of the equipment and the return of the equipment shall not, under any circumstances, be deemed to be a settlement of any outstanding dues or bills owed by the Customer to PTCL.