Fair Usage Policy
DIGIWEB FAIR USAGE POLICY
1. Acceptance of Fair Use Policy
This Fair Use Policy (the “Policy”) applies to all persons and entities (collectively, “Customers”) using the products and services of Digiweb including Internet services. This Policy is designed to protect the security, integrity, reliability and privacy of both the Digiweb network and the product and services Digiweb offers to its Customers (the “Services”). Digiweb reserves the right to modify this Policy from time to time, effective immediately upon posting of the modification. Your use of Digiweb’s Services constitutes your acceptance of the Policy in effect at the time of your use. If you do not accept the terms of this Policy, you must leave the relevant website immediately, and not use any Digiweb systems and Services.
Digiweb supports the free flow of information and ideas over the Internet and does not actively monitor use of the websites and Digiweb systems under normal circumstances. However, Digiweb seeks to balance this aim with Digiweb’s obligations to other users, third parties and at law. Digiweb does therefore conduct random checks or investigations from time to time to ascertain compliance with this Policy and to comply with or investigate any enforcement agency or police request or other complaints.
You are solely responsible for any and all acts and omissions that occur during or related to your use of the service, and you agree not to engage in any unacceptable use of the service. Additional terms and conditions apply when you enter into any contract with Digiweb for Digiweb services and these terms of use and this Policy is incorporated into such agreements by reference.
2. Unlimited Broadband.
2.1. Our service packages are designed for use by individuals, families and small businesses, for activities that should not give rise to extreme consumption, which could potentially degrade performance for other users.
2.2. While a service is stated to be “unlimited broadband”, Digiweb, like most service providers, imposes a fair usage policy. You acknowledge that the services are provided to other users and we owe a duty to them as a whole to preserve our network integrity and to avoid network degradation. In particular, where a broadband services is stated to be “unlimited broadband”, Digiweb applies the following fair usage data transfer allowance;
| Product | Fair Usage Allowance | Period |
|---|---|---|
| Superfast Broadband | 3 TB | in any 30 day period |
| Ultrafast/Lightning Broadband (FTTH) | 3 TB | in any 30 day period |
| SIRO Broadband (FTTH) | 3 TB | in any 30 day period |
| NBI Broadband (FTTH) | 3 TB | in any 30 day period |
| NextGen Broadband | 3 TB | in any 30 day period |
| DSL Broadband | 3 TB | in any 30 day period |
| Metro Broadband | 350 GB | in any 30 day period |
We do not throttle or cap service, however, if a customer exceeds the stated fair usage allowance for data on more than 2 occasions in any 90 day period, then Digiweb reserve the right to terminate or suspend the customer’s service. Digiweb will proactively contact customers in advance of any suspension or termination of service.
Where a voice or Talk service is stated to be unlimited, the fair usage caps on minutes will be as stated in the product “additional information” description on www.digiweb.ie
2.3 Consequences of exceeding the caps. If a customer exceeds the stated fair usage allowance for data on more than 2 occasions in any 90 day period, then Digiweb reserves the right to;
• Suspend your access to the services for one month, with your monthly fee remaining the same; and/or
• Terminate your account for non-compliance with the provisions of this Fair Usage Policy in accordance with the provisions of Digiweb’s General Terms and Conditions.
Digiweb will proactively contact customers in advance of any suspension or termination of service.
3. Prohibited Uses
• Unacceptable use includes, but is not limited, to any of the following:
• Illegal Activity – Digiweb’s services shall at all times be used in compliance with all applicable laws. Accordingly, Digiweb strictly prohibits the use of services for the transmission, distribution, retrieval, or storage of any information, data or other material in violation of any applicable law or regulation. This prohibitions includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorisation and the transmission of any material that constitutes an illegal threat or is obscene, defamatory or otherwise unlawful.
• Installation or distribution of “pirated” or other software products that are appropriately licensed for use by the customer.
• Deceptive marketing practices.
• Actions that restrict or inhibit anyone – whether a customer of Digiweb or otherwise – in his or her use or enjoyment of Digiweb’s products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services.
• Introduction of malicious programmes into the Digiweb network or servers or other products and services of Digiweb (i.e. viruses, trojan horses or other harmful programmes).
• Causing or attempting to cause security breaches or disruptions of Internet communications.
• Executing any form of network monitoring that will intercept data not intended for the customer.
• Circumventing user authentication or security of any host, network or account.
• Interfering with or denying service to any user other than the customer’s host (e.g. denial of service attack).
• Use of the websites, Digiweb systems or services to conduct any fraudulent activity including, without limitation, any “pyramid scheme”, “ponzi scheme” or “chain letter.
• Harassment, whether through language, frequency or size of messages.
• Unauthorised use or forging of mail header information.
• Use of unsolicited E-mail originating from within the Digiweb network or networks of other Internet Services Providers on behalf of or to advertise any service hosted by Digiweb or connected via the Digiweb network.
• Any other inappropriate activity or abuse of the services (as determined by Digiweb in its sole discretion.
No failure or delay in exercising or enforcing this Policy shall constitute a waiver of the Policy or of any other right or remedy. If any provision of this Policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the Policy shall remain in effect.
4. Content
It is a well-known fact that the Internet contains material that is inappropriate for minors and may cause offence to others. We do not censor or restrict access to any material or information on the Internet unless required to do so by a competent authority. It is your responsibility to determine restrictions on access. We will however refer any complaints to the Hotline (www.hotline.ie ) run under the auspices of the Irish Internet Advisory Board for further investigation. Use of the Services by minors should be supervised and you should always bear in mind the inherent nature of the Internet.
5. Enforcement
5.1. Digiweb may take any or all of the following action at its discretion. Digiweb will determine what action is appropriate to be taken against a user on a case by case basis.
5.1.1. remove any material that, in Digiweb sole discretion may be inappropriate or that Digiweb may suspect to be illegal, may subject Digiweb to liability, damage Digiweb reputation or which may violate this Fair Use Policy or where Digiweb is required to do so by law;
5.1.2. Issue you with verbal or written warnings and take such further action as Digiweb deems appropriate if such warnings are not heeded;
5.1.3. Suspend or terminate your access to any or all of the websites or Digiweb systems and services without notice at any time;
5.1.4. Inform the appropriate authorities and provide them with information regarding any suspected illegal activity; or
5.1.5. Bring legal action against your or any other user in relation to any breach by you or such other user of this Policy or any illegal or suspected illegal activity.
5.2. You accept that we may apply limits to your use of any service, which we provide. We may do this on various grounds including, without limitation, any use of the services by you, which is inappropriate or unfair or affects (or may affect) other users’ enjoyment of the service or is significantly different from the usage that we would expect from a typical consumer/business user as applicable.
5.3. Your breach of this Policy may also give rise to termination of or further action under any other contract that you may have with Digiweb that incorporates this Policy.
5.4. You acknowledge that Digiweb may be required by law or regulation to access, monitor, store or copy material sent by you or to you or other users without further notice.
5.5. In addition to the obligations set out in clause 2 you agree that in using Digiweb’s website, services and systems, you will at all times comply with all relevant laws and regulations.
5.6. You agree to compensate us for any loss or damage that may be caused to Digiweb (including reasonable legal costs) as a consequence of your breach of this Policy.
6. Complaints and Contact Information
Any complaints, questions or comments regarding this Policy, prohibited use or other abuse of the Digiweb Network, should be sent to customerservices@digiweb.ie or write to Digiweb at;
Customer Services,
Digiweb Limited,
IDA Industrial Park
Dundalk
County Louth