Mobitel Website is committed to protecting your privacy and developing
technology that gives you the most powerful and safe online experience. This
Statement of Privacy applies to the Mobitel Website Web
site and governs data collection and usage. By using the Mobitel Website
website, you consent to the data practices described in this statement.
Collection of your Personal Information
Mobitel Website collects personally
identifiable information, such as your e-mail address, name, home or work
address or telephone number. Mobitel Website also collects anonymous
demographic information, which is not unique to you, such as your ZIP code,
age, gender, preferences, interests and favorites.
There is also information about your computer hardware and
software that is automatically collected by Mobitel Website. This information
can include: your IP address, browser type, domain names, access times and
referring Web site addresses. This information is used by Mobitel Website for
the operation of the service, to maintain quality of the service, and to
provide general statistics regarding use of the Mobitel Website Web site.
Please keep in mind that if you directly disclose personally identifiable
information or personally sensitive data through Mobitel Website public
message boards, this information may be collected and used by others. Note:
Mobitel Website does not read any of your private online communications.
Mobitel Website encourages you to review the privacy statements of Web sites
you choose to link to from Mobitel Website so that you can understand how
those Web sites collect, use and share your information. Mobitel Website is
not responsible for the privacy statements or other content on Web sites
outside of the Mobitel Website and Mobitel Website family of Web sites.
Use of your Personal Information
Mobitel Website collects and uses your personal
information to operate the Mobitel Website Web site and deliver the services
you have requested. Mobitel Website also uses your personally identifiable
information to inform you of other products or services available from
Mobitel Website and its affiliates. Mobitel Website may also contact you
via surveys to conduct research about your opinion of current services or of
potential new services that may be offered.
Mobitel Website does not sell,
rent or lease its customer lists to third parties. Mobitel Website may, from
time to time, contact you on behalf of external business partners about a
particular offering that may be of interest to you. In those cases, your unique
personally identifiable information (e-mail, name, address, telephone number)
is not transferred to the third party. In addition, Mobitel Website may share
data with trusted partners to help us perform statistical analysis, send you
email or postal mail, provide customer support, or arrange for deliveries. All
such third parties are prohibited from using your personal information except
to provide these services to Mobitel Website, and they are required to
maintain the confidentiality of your information.
Mobitel Website does not
use or disclose sensitive personal information, such as race, religion, or
political affiliations, without your explicit consent.
Mobitel Website keeps
track of the Web sites and pages our customers visit within Mobitel Website,
in order to determine what Mobitel Website services are the most popular.
This data is used to deliver customized content and advertising within
Mobitel Website to customers whose behavior indicates that they are
interested in a particular subject area.
Mobitel Website Web sites will
disclose your personal information, without notice, only if required to do so
by law or in the good faith belief that such action is necessary to: (a)
conform to the edicts of the law or comply with legal process served on
Mobitel Website or the site; (b) protect and defend the rights or property of
Mobitel Website; and, (c) act under exigent circumstances to protect the
personal safety of users of Mobitel Website, or the public.
The Mobitel Website Web site use "cookies" to help you personalize your
online experience. A cookie is a text file that is placed on your hard disk by
a Web page server. Cookies cannot be used to run programs or deliver viruses to
your computer. Cookies are uniquely assigned to you, and can only be read by a
web server in the domain that issued the cookie to you.
One of the primary
purposes of cookies is to provide a convenience feature to save you time. The
purpose of a cookie is to tell the Web server that you have returned to a
specific page. For example, if you personalize Mobitel Website pages, or
register with Mobitel Website site or services, a cookie helps
Mobitel Website to recall your specific information on subsequent visits.
This simplifies the process of recording your personal information, such as
billing addresses, shipping addresses, and so on. When you return to the same
Mobitel Website Web site, the information you previously provided can be
retrieved, so you can easily use the Mobitel Website features that you
You have the ability to accept or decline cookies. Most Web
browsers automatically accept cookies, but you can usually modify your browser
setting to decline cookies if you prefer. If you choose to decline cookies, you
may not be able to fully experience the interactive features of the
Mobitel Website services or Web sites you visit.
Security of your Personal Information
Mobitel Website secures your personal information from
unauthorized access, use or disclosure. Mobitel Website secures the
personally identifiable information you provide on computer servers in a
controlled, secure environment, protected from unauthorized access, use or
disclosure. When personal information (such as a credit card number) is
transmitted to other Web sites, it is protected through the use of encryption,
such as the Secure Socket Layer (SSL) protocol.
Changes to this Statement
Mobitel Website will occasionally update this Statement of Privacy to reflect
company and customer feedback. Mobitel Website encourages you to periodically
review this Statement to be informed of how Mobitel Website is protecting
Mobitel Website welcomes your comments
regarding this Statement of Privacy. If you believe that Mobitel Website has
not adhered to this Statement, please contact Mobitel Website at email@example.com. We
will use commercially reasonable efforts to promptly determine and remedy the
The Mobitel Website is comprised of various Web
pages operated by Mobitel Website.
The Mobitel Website Web Site is
offered to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein. Your use of the
Mobitel Website Web Site constitutes your agreement to all such terms,
conditions, and notices.
reserves the right to change the terms, conditions, and notices under which the
Mobitel Website Web Site is offered, including but not limited to the
charges associated with the use of the Mobitel Website Web Site.
LINKS TO THIRD PARTY SITES
The Mobitel Website Web Site may
contain links to other Web Sites ("Linked Sites"). The Linked Sites are not
under the control of Mobitel Website and Mobitel Website is not responsible
for the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site.
Mobitel Website is not responsible for webcasting or any other form of
transmission received from any Linked Site. Mobitel Website is providing
these links to you only as a convenience, and the inclusion of any link does
not imply endorsement by Mobitel Website of the site or any association with
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the
Mobitel Website Web Site, you warrant to Mobitel Website that you will not
use the Mobitel Website Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the
Mobitel Website Web Site in any manner which could damage, disable,
overburden, or impair the Mobitel Website Web Site or interfere with any
other party's use and enjoyment of the Mobitel Website Web Site. You may not
obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Mobitel Website Web
USE OF COMMUNICATION SERVICES
The Mobitel Website Web Site may
contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large or with a group
(collectively, "Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are proper
and related to the particular Communication Service. By way of example, and not
as a limitation, you agree that when using a Communication Service, you will
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication
Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
Violate any applicable laws or regulations.
Mobitel Website has no obligation to monitor the Communication Services.
However, Mobitel Website reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion.
Mobitel Website reserves the right to terminate your access to any or all of
the Communication Services at any time without notice for any reason
Mobitel Website reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in Mobitel Website's sole
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication Service.
Mobitel Website does not control or endorse the content, messages or
information found in any Communication Service and, therefore,
Mobitel Website specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized Mobitel Website
spokespersons, and their views do not necessarily reflect those of
Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Mobitel Website OR POSTED AT ANY Mobitel Website WEB
Mobitel Website does not claim ownership of the materials you provide to
Mobitel Website (including feedback and suggestions) or post, upload, input
or submit to any Mobitel Website Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Mobitel Website, its
affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Mobitel Website is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in
Mobitel Website's sole discretion.
By posting, uploading, inputting,
providing or submitting your Submission you warrant and represent that you own
or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Mobitel Website WEB SITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. Mobitel Website AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE Mobitel Website WEB SITE AT ANY
TIME. ADVICE RECEIVED VIA THE Mobitel Website WEB SITE SHOULD NOT BE RELIED
UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT
AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Mobitel Website AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
Mobitel Website WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
Mobitel Website AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
Mobitel Website AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
Mobitel Website WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
Mobitel Website WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE Mobitel Website WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE Mobitel Website WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
Mobitel Website OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Mobitel Website WEB SITE.
SERVICE CONTACT : firstname.lastname@example.org
Mobitel Website reserves the right, in its sole discretion, to terminate your
access to the Mobitel Website Web Site and the related services or
any portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of
Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and
venue of courts in King County, Washington, U.S.A. in all disputes arising out
of or relating to the use of the Mobitel Website Web Site. Use of the
Mobitel Website Web Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Mobitel Website as
a result of this agreement or use of the Mobitel Website Web Site.
Mobitel Website's performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in derogation of
Mobitel Website's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the
Mobitel Website Web Site or information provided to or gathered by
Mobitel Website with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Mobitel Website with
respect to the Mobitel Website Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and Mobitel Website with respect to the
Mobitel Website Web Site. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent an d subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be drawn up
The names of actual companies and products mentioned
herein may be the trademarks of their respective owners.
The example companies,
organizations, products, people and events depicted herein are fictitious. No
association with any real company, organization, product, person, or event is
intended or should be inferred.
Any rights not expressly granted herein are
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.
By registering, using and accessing Mobitel's Broadband services, the customer is bound and subjected to these terms and conditions as contained herein.
The Purpose of this Policy
This policy is designed to ensure that your broadband service is as fast and reliable as possible whenever you want to use it.
The Broadband Services are designed as a shared service and customer's activities will impact on other users using and sharing the same network. Mobitel has introduced the Fair Usage Policy to ensure fairness of usage and an enjoyable online experience for all our customers.
This Fair Usage Policy ("Policy") is designed to ensure that the Services received by the vast majority of the customers are not negatively impacted because of extreme heavy usage and abuse by the minority of the customers. Mobitel shall continuously monitor the Broadband network performance and may control the Internet connectivity speed of the identified heavy usage customers.
Likelihood of being in breach of the Fair Usage Policy
Most customers will not be affected by our fair usage policy especially if you do not use file sharing software or download lots of large files.
If you do, this policy recommends that you do so with consideration for other users, perhaps by downloading outside the peak hours of 6pm to midnight.
It is worth remembering that all of the time you are on the internet you are using data. Leaving the internet connected when you are not using it and streaming music when you are not listening to it will eat into your data allowance and in extreme instances could cause you to be in breach of this policy.
How does Broadband Usage Work?
Everything sent or received over the internet consists of bits of data, whether it's a web page, an email, a music track or a video clip. The amount of data is measured in kilobytes (KB), megabytes (MB) or gigabytes (GB). 1MB=1024KB, 1GB=1024MB.
Typically, browsing web pages and sending emails are low usage activities. Video streaming and downloading music are medium usage, while high-definition video streaming, downloading TV programmes and movies or using peer-to-peer (P2P) file-sharing applications are classified as very high usage.
30 minutes streaming of BBC iPlayer programme (at 800kbps)
High Definition Movie
The total amount of data you (and co-users on the account) send and receive each month is your total monthly usage. For Home and Office customers, a reasonable consumption would be about 10 GB and 20 GB respectively. Even though Mobitel may periodically offer unlimited download plans, it is expected that this is done within reasonable limits of about 100% excess of the data caps stated above.
You are allowed access to manage your account through the Mobitel selfcare portal. This gives you a regular update of your download and allowance.
In addition to usage tracked to your surfing activities, excessive usages are also caused by spamming, virus activities, spy wares and/or other malwares which may reside in the Devices. These activities may be known or unknown to you and normally, operates at the back of the Devices. Therefore, you must take all precautions and rightful action to ensure that the above activities are controlled and minimized at all times. Mobitel reserves the right to implement and enforce the said Policy at its sole discretion upon occurrence of such activities. You will enjoy the Service depending on the plans or package subscribed.
Mobitel will notify you, if you are regularly exceeding your allowed usage. Beyond that, you will be advised to shift your download period to non peak periods when the network is less congested and your activity is less likely to adversely affect other users.
If this continues as a regular consumption pattern, (especially beyond the promotion period in case of a promotional package), the customer may be advised to migrate to a be-spoke service plan that allows uninterrupted download at a price mutually agreed with the company.
Failure to agree a mutually beneficial plan may compel Mobitel to unilaterally migrate the customer to the best suited subscription terms.
The broadband wireless Internet service may not be used for illegal purposes or purposes that infringe upon others' intellectual property rights, or in a manner that interferes with other users' service, interferes with the network's ability to fairly allocate capacity among users, or that otherwise degrades service quality for other users.