FAIR USE POLICY

1. INTRODUCTION

1.1 This Fair Use Policy (“Policy”) sets out an acceptable level of conduct between Ohana Communications Sdn. Bhd. and its existing customers (“Customer” or “you” or “your”) relating to the use of the Ohana’s Business Fibre Broadband Internet Services (“Services”). The Services are designed as a shared service and every Customer’s activities will impact on other Customers using and sharing the same network.

1.2 This Policy is put into place to ensure that all Customers will use the Services responsibly and appropriately so as not to affect the usage of other Customers. It is also designed to ensure that the Services received by the vast majority of the Customers are not negatively impacted because of the extremely heavy usage and abuse by the minority of the Customers.

1.3 OHANA’s Internet bandwidth (capacity) is catered to be shared by all Customers at any one point in time, to ensure that Ohana provides a satisfactory and acceptable level of performance on an equal basis to all Customers.

1.4 A small portion of the Customers use a large portion of bandwidth based on Ohana’s data and that from other broadband service providers. These Customers degrade the performance of the Services by taking bandwidth away from other Customers, who use the Services fairly.

1.5 This Policy forms part of the Ohana’s Customer Terms and Conditions and the Specific Terms and Conditions (if applicable), which should be read together with this Policy, a copy of which you may obtain at Ohana’s website on http://www.ohana.my/ or by phone request at Ohana’s customer service hotline at 1300-880- 880 or email at service@ohana.com.my.

1.6 This policy is effective until further notice by Ohana.

1.7 Ohana reserves the right, at its sole discretion, to terminate, withdraw, change or update the terms and conditions in this Policy from time to time. Ohana will notify you of any changes via announcement on the Ohana’s website or through other reasonable means of providing notice as Ohana may deem appropriate. Any changes to this Policy will be effective immediately upon notice to you. Your continued use and subscription for the Services after notice of any such change is given to you will be deemed as your consent and acceptance to be bound by the amended terms and conditions of this Policy.

2. FAIR USE – THE RULES

2.1 Certain software/applications which is used by a small number of the Customers to send and receive files containing very large amounts of data (such as peer-to- peer software and file sharing software) which use up a lot of bandwidth and can significantly reduce the connection speed. These activities may cause network congestion and can negatively impact the speed at which other Customers can access the Internet.

2.2 The Ohana’s system can identify the extremely high bandwidth Customers or Customers who exceed the allocated bandwidth and Ohana reserves the right to throttle their bandwidth to a much lower broadband speed to ensure fairness to all Customers.

2.3 Ohana will prioritize Internet activities like web browsing, live streaming, messaging applications and VOIP access while traffic to peer-to- peer and file sharing websites will be given lower priority, due to the high bandwidth consumption of such services. These are just some examples where Ohana will throttle the bandwidth and are by no means exhaustive.

2.4 Ohana as an Internet Service Provider (“ISP”) only provides access to the Internet and does not guarantee a service level and/or connectivity to customers of peer-to- peer or file sharing software/applications or content delivery and performance which are not within the domain of Ohana as an ISP.

2.5 All Customers are reminded that the software/applications (as mentioned in section 2.1 above) allows the download of illegal content which is an infringement of copyright and/or intellectual property rights and rightful owners of such copyright and/or intellectual property rights may take legal actions to prosecute. Each individual download can be traced by the Customer’s IP address back to the Customer’s account with Ohana.

2.6 Ohana reserves the right to release the Customer’s 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’s order.

2.7 Each Customer’s total usage per month shall NOT exceed the allocated bandwidth (total upload and download usage). This is to ensure that no Customer can congest the bandwidth at any time. It is therefore important for all Customers to practice responsible usage of the allocated bandwidth based on normal usage.

2.8 Any decision of Ohana on all matters relating to or in connection with this Policy shall be final and binding on you. Ohana shall not be obliged to enter into or entertain any correspondence or complaint on any matter concerning this Policy.

3. FAIR USE – CONTACT DETAILS

If you have any questions about this Policy or to report any illegal or unacceptable use of the Services, you may contact Ohana’s customer service hotline at 1300-880- 880 or email at service@ohana.com.my.

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