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Fair Access Policy

We at Hathway Cable & Datacom Ltd., manage the integrity of our network to make sure that a high quality service is provided at all times to all our customers on a fair and equitable basis.

This policy applies to all service plans including “Unlimited” plans where the customers’ use of the service is not limited to a specific number of hours per month.

As is standard with other Internet Service Providers, Hathway Cable & Datacom Ltd. will ensure that its service operates at optimum speeds for all of its customers. Since Hathway Cable & Datacom Ltd. is a shared network, we have put a Fair Access Policy in place to ensure that extraordinary usage by a few customers doesn't negatively affect the normal usage of other customers.

So what does all that mean?

Surfing: To understand a little something about how web-surfing works. Here's the basic: When you're surfing the internet, you're actually both uploading and downloading data (Most surfing consists of much more downloading than uploading). When you view a web page, you're actually downloading the contents of that page into your computer so it can be viewed. While downloading the web page you want to view, your computer will occasionally upload a small amount of data back to the website to let it know that everything thus far sent has been received ok. While very basic, that's a good/simple way of understanding web browsing.

Broadband: is defined in the Broadband Policy 2004 as "An always on data connection that is able to support interactive services including Internet access and has the capability of minimum download speed of 256 kbps to an individual subscriber from the Point of presence (POP) of the Hathway Cable & Datacom Ltd. of each location."

Speed: is generally referred at what rate the customer end device/PC and destination connectivity negotiation and the rate of which data can travel. Apart from the direct point-to-point connectivity, guaranteeing the speed or download over internet cannot be determined since the Internet is a shared medium of transport. To determine the speed of customer connection, one shall have to verify whether he is able to achieve the required throughput it is always tested by downloading multiple files at the same time.

Packet Loss: Packet loss is the discarding of packets in a network when a router or other network device is overloaded and cannot accept additional packets at a given moment. Packet losses are usually due to congestion on the network and buffer overflows on the end-systems. A buffer is a portion of a computer's memory that is set aside as a temporary holding place for data that is being sent to or received from an external device. Packet loss may or may not be disruptive to the recipient of the data, depending on the type of network service and the severity of the loss. Latency: In networking, the amount of time it takes a packet to travel from source to destination. Together, latency and bandwidth define the speed and capacity of a network.

Benchmarks for Quality of services (QOS) parameters:
No. QOS Parameters Benchmarks
1. Broadband Connection Speed Connection Speed to be met > 80% from Hathway Cable & Datacom Ltd. POP of each locations to User
2. Service Availability / Uptime > 90% quarter ending june 2007 > 98% with effect from quarter ending September 2007 and onwards
3. Pocket Loss < 1%
4. Network Latency
a) User reference point at Hathway Cable & Datacom Ltd. gateway node to international gateway < 120 msec
b) User reference point at Hathway Cable & Datacom Ltd. gateway node to international nearest NAP port abroad (Terrestrial) < 350 msec
5. Bandwidth utilization:
a) POP to Hathway Cable & Datacom Ltd. Gateway Node < 80% links / route bandwidth utilization during peak hours. If it exceeds 90% then networks is considered to have congestion

Acceptable Use Policy:

THESE TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF Hathway Cable & Datacom LTD. INTERNET ACCESS SERVICE AND YOUR RELATIONSHIP WITH Hathway Cable & Datacom LTD. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OURS.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE AND YOU MUST TERMINATE YOUR SERVICE IMMEDIATELY

1. Prohibited Uses and Activities

(a) undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening, 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, give rise to civil liability, or otherwise violate any local, state, federal or international law, order or regulation;

(b) post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;

(c) access any other person's computer or computer system, software, or data without their knowledge and consent; breach the security of another user; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorised to access, or probing the security of other hosts, networks, or accounts;

(d) use or distribute tools designed or used for compromising security, such as password guessing programs, decoders, password gatherers, analysers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Network probing or port scanning tools are only permitted when used in conjunction with a residential home network, or if explicitly authorized by the destination host and/or network. Unauthorised port scanning, for any reason, is strictly prohibited;

(e) transmit unsolicited bulk or commercial messages or "spam." This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

(f) run programs, equipment, or servers from the Premises that provide network content or any other services to anyone outside of your Premises LAN (Local Area Network), also commonly referred to as public services or servers. Examples of prohibited services and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers;

(g) alter, modify, or tamper with the Hathway Cable & Datacom Ltd. or Service or permit any other person to do the same who is not authorised by Hathway Cable & Datacom Ltd.

(h) Violate the rules, regulations, or policies applicable to any network, server, computer database, or Web site that you access.

2. Flooding/Spamming

Flooding is the overuse of any phrase, letter, word, symbol or action of any sort that is used to intentionally cause disruption of the chat, the network, or any of its users. Continued flooding can be considered network disruption (see the section on Network Disruption.)

The use of excessive characters is also strongly discouraged and may result in action being taken against you (i.e. kick and/or channel ban.)

The use of mass unsolicited invitations is not allowed on this network and may result in a server ban or shun (see the section on advertisement.)

The use of mass unsolicited Client-to-Client Protocol ("CTCP") requests, of any sort, is considered flooding and may result in a server ban or shun.

3. Security

You are responsible for any misuse of the Service, even if the misuse was committed by a friend, family member, or guest with access to your Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorised access to the Service by, for example, strictly maintaining the confidentiality of your Service login and password. In all cases, you are solely responsible for the security of any device you choose to connect to the Service, including any data stored or shared on that device. Account functions such as verifying and maintaining the account, options and settings, must be performed by a person at least 18 years of age, without exception. Hathway Cable & Datacom Ltd. recommends against enabling file or printer sharing of any sort unless you do so in strict compliance with all security recommendations and features provided by Hathway Cable & Datacom Ltd. Any files or devices you choose to make available for shared access on a home LAN, for example, should be protected with a strong password or as otherwise appropriate.

4. Inappropriate Content and Transmissions

Hathway Cable && Datacom Ltd. reserves the right, but not the obligation, to refuse to transmit or post and to remove or block any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful. Hathway Cable & Datacom Ltd. reserves the right to terminate all connections and all legal claims against pertaining to customer’s use or misuse of the service or for breach of agreement (in as the Internet Access Provider), Hathway Cable & Datacom Ltd. cannot be held responsible for the content of the users website, e-mails, news postings or any other material distributed through our service, or for information and material that is accessed by the user through our service.

The user is solely responsible for ensuring that any material transferred to or from their computer does not infringe the laws governing, but not exhaustively covering, copyright, trademarks, pornography, or any other material which is slanderous, defamatory or might cause offense in any other way.

Hathway Cable & Datacom Ltd. reserves the right to remove such information it deems in breach of the above without warning and/or to make available such information when requested to regulatory bodies or law enforcement organizations.

Hathway Cable & Datacom Ltd. will take every reasonable step possible to ensure a fast and reliable service. It cannot be held responsible for any disruption in service however caused, loss of or corruption of any information in transit, or loss of or corruption of information when downloaded onto computer systems.

The user agrees to indemnify Hathway Cable & Datacom Ltd. from any claims or legal proceedings arising from the use of the service which are brought or threatened against it.

REVISIONS TO THIS ACCEPTABLE USE POLICY

Hathway Cable & Datacom Ltd. reserves the right to revise, amend, or modify this AUP, our Internet Service Agreement and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Internet Service.