Fair Usage Policy

INTRODUCTION

This Fair Usage Policy (“FUP”) sets out the principles that govern the use by the customer, of the broadband wireless network services provided by Smile. This FUP recognises that Smile users form part of a broader Smile, national and global community, and is intended to offer some protection to customers from irresponsible, abusive or illicit activities. We also seek to ensure that Smile continues to deliver the best mobile broadband service (the “Service”) possible.

CUSTOMER RESPONSIBILITIES

Smile mobile broadband internet customers (“Customers”) are responsible for complying with the FUP, all Smile policies and the regulations and laws of the country.

Additionally, it is the responsibility of Customers to secure their devices and services so that they are not vulnerable to external threats such as viruses, spam, and other methods of intrusion.

PROHIBITED USES AND ACTIVITIES

The usage of the Service is intended for, but not limited to, personal activities. It is NOT intended for resale to unauthorised third parties.

Customers may use the services in a manner that is compliant with all applicable regulations and laws. This includes, but is not limited to, those relating to cybersecurity, protection of personal information, copyright and legal interception.

The Customer expressly authorises Smile to cooperate with law enforcement authorities in the investigation of any suspected legal violations, following their compliance with due process.

UNCAPPED RULES

Smile needs to ensure that all of its Customers, as members of the Smile Community, have fair and equal use of the services. It also has the right to protect the integrity of its network. Smile therefore reserves the right to take reasonable steps to prevent improper or excessive usage of the network.  Smile may amongst other things, limit throughput, and prevent or limit service through specific ports or communication protocols.

Customers can view the actual data plan usage levels for UnlimitedPlatinum plan,  UnlimitedPremium plan and UnlimitedEssential plan, respectively.

Smile Customers may not restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Smile host, server, backbone network, base station, node or service, or otherwise cause a performance degradation to any Smile facilities used to deliver the Service.

BREACH OF FUP

Smile reserves the right to terminate the Service and the Subscriber Agreement immediately if the customer breaches the FUP .

AMENDMENT OF FUP

Smile reserves the right to revise, amend or modify the FUP from time-to-time by sending a new version of this document to the customer and by notifying a change on the Smile Website. In the event of a conflict between any subscriber or customer agreement and the FUP, the terms of the FUP will govern.