Summary

1. Our Fair Use Policy applies to Services which are stated to be subject to the Fair Use Policy (“Fair Use Services”).
2. Our Fair Use Policy is intended to ensure:
   • the availability of Our Services to all eligible Callix Customers; and
   • that the Fair Use Services are not used in an unreasonable manner.
3. We reserve the right to vary the terms of this Fair Use Policy from time to time with no prior notice and immediate effect.
4. We may rely on the Fair Use Policy where Your usage of the Fair Use Services is unreasonable, as defined below.

Unreasonable Use

1. 1. It is unreasonable use of a Fair Use Service where Your use of the service is reasonably considered by Callix to:
   • a. be fraudulent;
   • b. involve a non-ordinary use;
   • c. cause significant network congestion, disruption or otherwise adversely affect the Callix network, a supplier’s network; or
   • d. adversely affect another person’s use of or access to the Fair Use Services, the Callix network or a supplier’s network.
2. 2. Without limitation:
   • Fraudulent use includes resupplying or reselling a Service without Callix’s written consent so that someone else may access, use or commercially exploit a Fair Use Service;
   • Non-ordinary use includes circumstances where You make or receive calls in any non-ordinary manner without obtaining Our written consent first, which consent We may give or withhold, or make subject to conditions, in Our discretion. Use in a non-ordinary manner includes:
     • forwarding excessive calls (i.e. where the number of calls of the relevant type in a given period is at least three times the average number of calls of that type in that period for all customers on the same plan)
     • extensive call time span (i.e. where the call duration of the relevant type in a given period is at least three times the average call duration of that type in that period for all customers on the same plan)
     • transferring of calls from more than one (1) branch without consent
     • usage to menace, harass or injure any person or damage anything;
     • usage in connection with a breach of or committing an offence against any law, regulation, standard or code;
     • any other activity which would not be reasonably regarded as ordinary use in relation to the Fair Use Service.

Our Rights

1. If We reasonably consider your use of the Fair Use Services is unreasonable, we may, at our sole discretion, without telling you before we do so:
   • block inbound ports so you cannot host services
   • remove any unlimited calls feature and charge you for your calls at Callix standard rates;
   • suspend or limit the Service (or any feature of it) in accordance with Our Agreement with You; and/or
   • terminate the Service in accordance with Our Agreement with You. 2
2. This policy is supplementary to and does not limit any of Callix's rights.