Purpose

While ACME is devoted to providing a wide spectrum of telecommunications and system integrated support services on a fixed fee charging mechanism or ‘pay-as-you-go’ basis in the market, it is ACME’s reasonable expectation that our users will not abuse, misuse, exhaust, waste or otherwise take unfair advantage of our telecommunications services or technical support services to the detriment of other users or ACME. This Fair Use Policy is intended to ensure that all users will be given a fair opportunity to access our telecommunications or support services without abusing ACME’s network resources or interfering other users’ enjoyment.

If any user has breached any of the above restrictions, or ACME is of the opinion that the manner which an user uses such services will unfairly deprive other users’ opportunities of enjoyment or otherwise adversely affect ACME’s interests, ACME may, with or without notice to such users, take any or all of the following remedial actions: Suspend, disconnect, restrict, reasonable limit, terminate and charge a particular service at ACME’s prevailing service rates and it is without liability to ACME

In case of dispute relating to this Fair Use Policy, right of interpretation vests in ACME absolutely whose decision shall be final and binding.

Restrictions

All ACME telecommunications services and support service shall not be used for illegal, immoral or tortious (including infringement of intellectual property rights) conducts

All ACME equipment or apparatus provided or lent to our users including but not limited to modems, wires, circuits, plugs and wall sockets etc for use in conjunction with ACME telecommunications and support services shall not be used in contravention of above restrictions.

Remedies

If any user has breached any of above restrictions, or ACME is of opinion that the manner which an user uses such services will unfairly deprive other users’ opportunities of enjoyment of otherwise adversely affect ACME’s interests, ACME may, with or without notice to such users, take any or all the following remedial actions;

  1. Suspend or disconnect a particular service to the breaching user;
  2. Restrict the use of a particular service by the breaching user to reasonable limit (to be specified at ACME’s discretion)
  3. Charge the breaching user for abused services and/or any services consumed beyond any specified limit at ACME’s prevailing rates; or
  4. Terminate the service contract without liability to ACME;

provided always that if ACME exercises any of the above rights, the breaching user shall have no recourse against ACME.

General

  • This Fair Use Policy is applicable to all service provided by ACME where it is stated to apply in the applicable service plan or service contracts. The terms of the applicable service plan or service contract shall prevail over the terms of the Fair Use Policy solely to the extent of any inconsistency.
  • In case of dispute relating to this Fair Use Policy, right of interpretation vests in ACME absolutely whose decision shall be final and binding.
  • The restrictions under this Fair Use Policy, if applicable, are in addition to the users; obligations and without prejudice to the existing service contracts.
  • ACME reserves the right to amend this Fair Use Policy by posting the amendments on www.acmehk.net, such amendments to take immediate effect upon posting.
  • ACME means any ACME entity in ACME group (as mentioned in the Application or the Contract/Agreement) which provides services to customer.