1. RED DOGFISH GROUP PTE. LTD. Plans.
Your Red Dogfish Service is provided by Red Dogfish, a brand of Red Dogfish Group Pte. Ltd., including its affiliates, assigns and agents (“RED DOGFISH GROUP,” “RED DOGFISH,” “we,” “us” or “our”). Red Dogfish Group reserves the right to periodically review usage levels, including voice and data usage, of Red Dogfish plans (“Red Dogfish Mobile Plans”) to ensure that you are not using a Red Dogfish Plan in a manner that we consider, in our sole discretion, to be in violation of this Acceptable Use Policy (“AUP”), and if such an abuse or violation is discovered, to terminate or adjust the plan as appropriate. In addition, data speeds may be slowed and/or deprioritized for subscribers who we determine (in our sole discretion) have violated Sections 3 or 4 of this Acceptable Use Policy. You agree to use the voice portion of your Red Dogfish Plan for traditional voice calls between two individuals of a duration comparable to that of the average individual customer presently utilizing a Red Dogfish Plan and will not employ methods, devices or procedures to take advantage of your Red Dogfish Plan by using the plan excessively or for means not intended by Red Dogfish Group. Excessive use of the voice portion of your Red Dogfish Plan is defined by Red Dogfish Group as use that materially exceeds the average call volume or duration used by all other Red Dogfish Group customers that have purchased a Red Dogfish Plan. You further agree to use the data portion of your Red Dogfish Plan for traditional Web browsing, messaging, and similar activities on the Device (as defined in the Red Dogfish Plans Terms & Conditions), and will not employ methods, devices or procedures to take advantage of your Red Dogfish Plan by using the plan excessively or for means not intended by Red Dogfish Group, in violation of any of the prohibitions above or below. Red Dogfish Group may immediately suspend your Service in its sole discretion, Red Dogfish Group determines that your use of your Red Dogfish Plan violates any of these prohibitions as per Personal Data Protection Act 2012 (PDPA) or is otherwise “unreasonable” or results in abuse of the Red Dogfish Plan.
If we observe your use of one of our Red Dogfish Plans to be “unreasonable” or “abusive” and therefore subject to immediate suspension or termination or adjustment if, we determine in our sole discretion that you have done (or, based on other types of behaviour, you may do) any of the following: re-sell, re-brand, re-supply, re-market or commercially exploit a Red Dogfish Plan; set up routing functionality such that only outbound long-distance traffic is sent over the Red Dogfish Plan; engage in excessive roaming of any kind (including voice and/or data) outside of Red Dogfish Group’s supplier’s network, including but not limited to extended international roaming, using the Red Dogfish Group service, and/or any other usage we deem inconsistent with reasonable personal use patterns primarily within the Red Dogfish country area; abuse any promotional or other terms and conditions, including without limitation by misrepresenting your status as a “new customer”; engage in any other conduct which is fraudulent or otherwise may result in significant network congestion or degradation, or interferes with our operations, reputation or ability to provide quality service to our customers, including without limitation any number of credit card “chargebacks” and/or excessive purchases (and/or attempted purchases) of products and/or services relating to your Red Dogfish Plan in any given month; engage in autodialling; engage in continuous, repetitive or extensive call forwarding; engage in continuous call session connectivity, including the use of a Red Dogfish Plan for continuous mobile to mobile or mobile to landline voice calls; engage in telemarketing; use your Red Dogfish Plan as a substitute or backup for private lines or dedicated data connections; use your Red Dogfish Plan for automated text or picture messaging to another mobile device or email address; upload, download or stream continuous video or audio; “spam” or engage in other abusive or unsolicited communications, or any other mass, automated voice or data communications for commercial or marketing purposes; use your Red Dogfish Plan in connection with server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine to machine connections, voice or SMS relay, or peer to peer (P2P) file sharing; use your Red Dogfish Plan in connection with software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive functions (e.g., using a Red Dogfish Plan for Web broadcasting, operating servers, telemetry devices and/or supervisory control and data acquisition devices); use your Red Dogfish Plan to relay voice calls and text or picture messages not originated from your Red Dogfish Mobile device; or engage in any other activity that would be inconsistent with reasonable personal use patterns primarily within the U.S., causes network congestion, interferes with our operations, and/or jeopardizes the integrity of Red Dogfish Group’s supplier’s network.
3. Lawful purposes only.
You may use the Red Dogfish Group Service for lawful, proper and appropriate purposes. You may not use our Service or your Red Dogfish Mobile Device in any way that is illegal, improper or inappropriate. A non-exhaustive list of examples of illegal, improper or inappropriate uses of our Service includes: Interfering with our ability to provide Service to you or other customers, or avoiding your obligation to pay for the Service within the time frame designated for payment. Use of the Service to threaten, abuse, harass, defame, deceive, defraud, fraud calling, any negligent or misconduct, interfere or invade another’s privacy or engage in any similar behaviour. Use of the Service for: auto-dialling; continuous, repetitive or extensive call forwarding; telemarketing (including charitable or political solicitation or polling); or fax or voicemail broadcasting or blasting. Use of the Service to impersonate another person; send bulk unsolicited messages; or use robots, data mining techniques, or other automated devices or programs to catalogue, download, store, or otherwise reproduce or distribute information from our Service or use any automated means to manipulate our Service. Violate any law, rule, or regulation; violate any third party’s intellectual property or personal rights; or exceed your permitted access to our Service. Use of the Service for transmitting or receiving any communication or material of any kind which would constitute a criminal offense, give rise to a criminal liability, or otherwise violate any applicable local, state, national or international laws or encourage conduct that would constitute a criminal offense, Use of the Service to access, or attempt to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Red Dogfish’s or its network supplier’s network or systems. Use of the Service to generate or disseminate viruses, malware or “denial of service” attacks.
4. Right of Termination.
In addition to Red Dogfish Group’s right to terminate Service for non-payment, Red Dogfish Group reserves the right to suspend the Service immediately and without advance notice if Red Dogfish Group, in its sole discretion, believes that you have violated any of the above restrictions, leaving you responsible for all charges, including without limitation to unbilled charges, all of which become immediately due and payable.
5. Monitoring.
We may monitor the use of the Red Dogfish Group Service for violations of this AUP and the other Agreement with us. Further, we may, in our sole discretion without liability, remove or block all communications if we suspect a violation of this AUP and if we think it necessary in order to protect our Service, Red Dogfish or its network supplier, and/or their respective parents, affiliates, directors, officers, agents, and employees from harm.
6. Providing information to authorities and third parties.
If we believe that you have used the Red Dogfish Service for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), and all other account information, as follows in response to law enforcement or other governmental agency requests; as required by law, regulation, rule, subpoena, search warrant, or court order; as necessary to identify, contact, or bring legal action against someone who may be misusing the Service; to protect Red Dogfish Group’s rights and property; or in emergency situations where disclosure of such information is necessary to protect Red Dogfish customers or third parties from imminent harm.
7. No Transfer of Service.
You may not resell or transfer our Service or provide a telephone service to anyone else by using our Red Dogfish Service or features of our Red Dogfish Service.
8. No Alterations or Tampering.
If you copy or alter or have someone else copy or alter the firmware or software in any way that facilitates a compromise of your Service, you are responsible for any charges that result. You may not attempt to hack or otherwise disrupt our Service or make any use of our Service that is inconsistent with its intended purpose.
9. Theft of Service.
You may not use or obtain our Service in any manner that avoids Red Dogfish Group policies and procedures. You will be liable to notify us immediately in writing if you believe that your Service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When you notify us of one of these events, you must provide your account number and a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of Service. If you fail to notify us in writing in a timely prompt manner, we may disconnect your Service and levy additional charges on you. Until you notify us in writing, you will remain liable for all use of our Service stolen from you and any and all stolen, fraudulent or unauthorized use of the Service up through the date notice is received by Red Dogfish Group.