This Fair Usage Policy governs the manner in which We will manage Our broadband data capacity provisioning to customers. The objective is to ensure that Our customers will be able to enjoy the best Internet connectivity from Our broadband services. While 4G broadband service is considerably faster than 3G broadband service, the actual speed may be affected by certain factors which includes location of the user within the 4G cell coverage, the access device and software applications used by the user. Whilst We cannot dictate the type of devices or software applications You may use for Internet access We will however, ensure optimum bandwidth speed for Our broadband service subject to Our Fair Usage Policy.
This Fair Usage Policy supplements the Yes Service terms and conditions available at www.yes.my/tnc.
- Data Capacity Allocation
In accordance with the service plan or service package subscribed by You, a fixed Data Capacity Allocation will be provided to Your Yes Service account monthly (for Postpaid Service) or for a fixed period (for Prepaid Service). If Your usage exceeds the Data Capacity Allocation, We will manage the bandwidth for Your Service. In the case of Postpaid Service, You will still be able to access the Internet but at a reduced bandwidth speed. In the case of Prepaid Service, You will be barred from accessing the Internet. You may purchase Data Add-ons (Postpaid) or reload (Prepaid) to restore optimum speed or to restore the Service, as the case may be. In this respect, we support and encourage Our customers to be in control of their own usage and practise traffic management voluntarily by Our “pay as you use” policy.
- Monitoring Your own Data Capacity Allocation Balance
You are advised to constantly monitor Your own usage allowance to ensure that You have sufficient data capacity for usage. To help You keep track of Your usage, You may access Your account at www.yes.my to view Your actual usage and the balance remaining of Your Data Capacity Allocation.
Further, We will send You advisory emails and/or SMSes to Your latest email address and/or mobile phone number in Our records when You reach 80% and 100% of Your Data Capacity Allocation respectively. Whilst We may provide such advisory notification emails and/or SMSes, failure to receive any notification as aforementioned, will not exempt You from our right to throttle the speed of the broadband service upon 100% usage of Your Data Capacity Allocation. As such, you must take the necessary measures to constantly monitor Your own usage. You must submit Your latest email address and mobile phone number for Our records to ensure that You receive the above mentioned advisory notifications.
- Traffic Prioritization
As the available bandwidth is shared by all customers active at the same time, the connection speed for each user will differ depending on the number of active users at that time. A few high bandwidth users may congest the network thus affecting the bandwidth speed for the majority of the other users using the bandwidth at the same time. To be fair to all users and to avoid one or more heavy or excessive user/s taking up excessive bandwidth at the expense of others and slowing down the connectivity for other customers We reserve the right at Our absolute discretion to manage the bandwidth of heavy users. In this respect, We will identify the extremely heavy users and may restrict their bandwidth during peak hours. Further, to protect the performance of Our network and to ensure the best experience for all users of Yes Service, at peak times We may manage the speed of non-time critical applications such as peer to peer (P2P).
- Calculation of data usage
ALL usage of bandwidth resulting from any activity via Your Yes Service account shall be taken into account for the calculation of data capacity usage, whether those activities are of Your own doing or otherwise, knowingly or unknowingly including but not limited to the following which may consume considerably large amount of bandwidth.
a. Software and applications use to send, receive, or for uploading and/or downloading of files.
b. Software upgrades.
c. Peer-to-peer software/applications such as BitTorrent, eDonkey, Gnutella or file sharing software such as Limewire which demand a significantly huge amount of bandwidth.
d. Additionally, excessive depletion of bandwidth may be caused by spamming, virus activities, spy wares, malware and/or other computer contaminants which may be known or unknown to You. Your computer is constantly at risk from infection by such activities.
Therefore, you must take all precautions and rightful action to ensure that the above activities are controlled and minimized at all times.
- Unlawful Activities
In using Yes Service, You must conform to the laws of Malaysia and will not knowingly permit any illegal use or such use that will discredit YTLC. You are further subject to Our Acceptable Use Policy available at www.yes.my/tnc which sets out the prohibited activities in connection with the use of Yes Service.
- Variation and Amendments
We reserve the right to vary the terms of this policy from time to time with or without notice to You and You shall be bound by such variation and changes. If YTLC changes the terms of this policy, an updated version of the policy reflecting those changes will replace the current version and be uploaded on Our website at www.yes.my.
- Prevailing Terms
If there is any inconsistency between this policy and the terms and conditions of the Yes Service, the terms and conditions governing the Yes Service as posted at www.yes.my/tnc will prevail.
a, “Data Add-ons” means the additional volume of bandwidth offered for sale by YTLC in various capacity packaging which customers may purchase separately and distinct from customers’ Yes Service plan or package for additional bandwidth volume and/or to restore optimum speed.
b. “Data Capacity Allocation” means the available bandwidth volume provided by YTLC for customer’s data usage under a Yes Service plan or package.
c. “Our”, “We”, “Us” or “YTLC” means YTL Communications Sdn Bhd including its subsidiaries and affiliates.
d. “You” or “Your” means the customer or subscriber of Yes Service.
e. “Yes Service” or “Service” means the 4G Wimax broadband service provided by YTLC under its service plan or package.
f. “Prepaid Service” means YTLC’s prepaid Yes Service.
g. “Postpaid Service” means YTLC’s postpaid Yes Service.