EXCELL FAIR USAGE POLICY
1.1 This Fair Usage Policy ("Policy") sets
out an acceptable level of conduct between EXCELL Mobile Services and
its customers using the EXCELL Internet service. EXCELL believes that
all internet users should be responsible in their usage and how it affects
1.2 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 5%) of customers
use a very large portion (about 50%) of bandwidth based on our data
and that from other broadband service providers.
1.3 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.
1.4 To overcome this biasness, this Policy is in place
to ensure all EXCELL’s
customers have a good experience.
1.5 EXCELL may, from time to time, change this Policy
without further notice to its customers. Please visit the EXCELL’s web
page periodically to determine any changes to this Policy.
1.6 This Policy supplements the EXCELL’s Terms &
Conditions and the General Terms and Conditions.
2. Unlawful Activities
2.1 In using the EXCELL service and/or any other internet
access service that may be provided by EXCELL, you must conform to the
laws of Cambodia and will not knowingly permit any illegal use or such
use that will discredit EXCELL.
2.2 This includes but NOT limited to not:
(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) using for commercial purposes, unless you are on
the Office Packages;
(c) sending or uploading unsolicited emails, advertising or promotional
materials, offering to sell any goods or services, or conducting or
forwarding surveys, contests or chain letters;
(d) knowingly or negligently transmitting or uploading
any electronic material (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 EXCELL or any other Internet user or person;
(e) allowing activities that invade another’s privacy,
cause annoyance, inconvenience or needless anxiety to any person;
(f) 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;
(g) allowing anything that may disrupt or interfere
with EXCELL’ network or services or cause a host or the network to crash;
(h) launching "denial of service" attacks,
"mail-bombing" attacks, "spamming" or "flooding"
attacks against a host or network;
(i) making excessive use of, or placing unusual burdens
on, the network, for example by sending or receiving large volumes of
email or excessively large mail attachments;
(j) circumventing the user authentication or security
process of a host or network;
(k) creating, transmitting, storing or publishing any
virus, Trojan, corrupting programme or corrupted data.
3.4 The customer is responsible for taking all reasonable
steps necessary to prevent a third party from obtaining access to the
3.5 The customer must immediately advise EXCELL if
they become aware of any violation or suspected violation of these provisions.
3.6 The customer is responsible for the set-up and
security of his/her computer and any servers that they may run on their
3.7 EXCELL strongly recommends that customers protect
their computers with anti-virus software.
4. General Use of Service and Abuse
4.1 Each customer must be at least 18 years old to
be a EXCELL customer. Sub-users under this age must have permission
from the account holder to access the EXCELL service. Before using the
EXCELL service, the person must obtain permission from the registered
4.2 The customer must not run port-scanning software
on any EXCELL service.
4.3 The customer must not attempt to gain unauthorized
access to any computer system.
4.4 The customer must not undertake any activity that
has an adverse effect on the EXCELL service or its customers.
4.5 The customer may not use their EXCELL 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.
4.6 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.
4.7 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.
4.8 EXCELL 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.
5. Fair Usage
5.1 At EXCELL, we want our broadband service to be
fast and available for our customers at all times. This clause is designed
with that goal in mind. EXCELL views the vast majority of customers
should not suffer from a slower service because of a very small number
of high bandwidth users.
5.2 Peer-To-Peer and File Sharing Software
5.2.1 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 impact the speed at which other customers
can access the Internet.
5.2.2 EXCELL does not guarantee a service level and/or
connectivity to users of peer-to-peer or file sharing software/applications.
5.2.3 The system that is used to provide the EXCELL
service can identify very high bandwidth users and EXCELL seeks to manage
the customer’s usage by throttling their bandwidth to a much lower broadband
speed to ensure fairness to all customers.
5.2.4 The customers are reminded that the software
(as mentioned in section 5.2.1 above) allows the download of illegal
content which EXCELL prohibits, which is an infringement of copyright
and/or intellectual property rights and rightful owners of such copyright
and/or intellectual property rights may take measures to prosecute.
Each individual download can be traced by the customer’s IP address
back to the customer’s account with EXCELL.
5.2.5 EXCELL reserves the right to release customer
information pursuant to any copyright (and/or intellectual property
right) infringement if it is required to do so by any law, regulatory
body or court of law.
5.3 Excessive Usage
5.3.1 Each customer’s total usage for each package
shall NOT exceed the stipulated amount of data volume transmitted (total
upload and download usage). This is to ensure that no individual hogs
the bandwidth at all times. Furthermore, the stipulated bandwidth for
mobile packages is different from the one allocated for packages specially
designed for use in the dongle because of different applications and
requirements. Those subscribing to the respective plans will be governed
under the respective volume allocations
for those plans. Indicative fair usage limits are given in the table
Extra usage charge
|Mobile Internet (CDMA 1x)
||Until balance lasts
||10 000 Mb
|Mobile Broadband (EVDO Rev. 0 or Rev.A)
||Until balance lasts
||$48/month 30 000 Mb
||$48/month 30 000 Mb
* In case of promotional sales of dongles with free
Unlimited Internet use appropriate Data capacity is applied.
5.3.2 EXCELL reserves the right to reject the said
application or charge for any additional data volume transmitted from
what is already allocated.
6. Enforcement on Breach of Policy
6.1 In respect of the customers who are in violation
of this Policy, EXCELL may, at its option and discretion, have their
bandwidth managed, service suspended or terminated (with or without
notice as EXCELL considers appropriate).
6.2 To report any illegal or unacceptable use of EXCELL
service, please send an email to firstname.lastname@example.org.