Fair Use Policy
48. It is important to Compass that all eligible Compass customers are able to access our services, and get the best possible experience. For this reason, and to ensure the provision of a quality service, a Fair Use Policy applies to some of our services where your usage can affect that of other customers. We have developed this Fair Use Policy by reference to average member profiles and estimated member use of our services.
49. We may issue a warning or suspend your services under this Fair Use Policy where in our reasonable opinion your use of our services is excessive and/or unreasonable by materially exceeding estimated usage patterns over any month. Where reasonable, Compass will provide you with 30 days notice before suspension, restriction or termination.
50. If, after we have requested that you stop or alter your use to come within our Fair Use Policy, your excessive or unreasonable use continues, we may without further notice, apply charges to your account for the excessive and/or unreasonable element of your use; suspend, modify or restrict your use of our services or withdraw your access to the services. If we terminate your services and you have agreed to a fixed contract term, you may have to pay the applicable early termination fee.
51. Bandwidth allocated to unlimited internet users is reviewed and increased as required, but at any time there is a fixed amount of bandwidth available. The aim of this clause of the Fair Use Policy is to ensure that the experience of the vast majority of unlimited internet users is not compromised by the extreme and unreasonable usage of a few. Compass reserves the right to modify (through speed and other variables) the behavior of individual users that frequently use significantly more data than the majority of the unlimited users and/or use their internet service in a way that negatively affects the experience of other users. If an unlimited internet customer is found to be in the top 1% to 5% of users and their usage is negatively impacting the network, Compass may attempt to communicate with the user asking them to modify their usage, may suggest a more suitable solution for all parties involved, or may exercise its rights outlined in clause 49 above.
52. You acknowledge that Compass does not and cannot in any way supervise, edit or control the content and form of any information or data accessed through the internet, and Compass shall not be held responsible in any way for any content or information accessed via the service. Furthermore, Compass disclaims all or any responsibility or liability for any material on the internet that you may find offensive, upsetting, defamatory, and personally offensive and in any way unsuitable for minors.
53. Some internet sites may have embedded within them the ability to program your modem to dial overseas numbers without your knowledge or direction. You are liable for any charges arising from such calls and Compass accepts no liability for such charges.
54. You are not permitted to operate servers from the service and you are not permitted to on-sell this service without written approval from us. You are not permitted to send spam or bulk mail using the service and we reserve the right to charge you a clean-up fee to rectify the result of such activity by you at a maximum charge of $200 per article.
55. Your service may be automatically disconnected after 3 hours of continuous use or after 15 minutes of usage being idle. If you establish a continuous dial-up modem facility that operates upon disconnection, you may have your account terminated. If you establish multiple simultaneous connections you may be charged for each connection or have your account terminated.