Liquid Home Fair Use Policy (FUP)

Applies to: Liquid Intelligent Technologies Home Uncapped Broadband.

What is a Fair Use Policy?

As is the case of all broadband services throughout the world, Liquid Intelligent Technologies Zambia’s (Liquid) customers share the available international bandwidth capacity that connects them to the world. In order to keep the service usable, at peak periods, some degree of sharing is inevitable. This is where the Fair Usage Policy (FUP) comes in. This policy that is implemented on our Broadband systems ensures equity of access to all users of Broadband. More equitable access to all will ensure the best possible speeds and performance for the majority of the users.

Peak periods are when the largest numbers of users are online accessing the Internet, which leads to a high demand for international bandwidth capacity and if not managed well, there will be congestion leading to speed degradation. Liquid has invested in world-class systems that monitor usage of its customers and ensures all customers have access to decent internet speeds.

In order to provide a good experience for all of our customers and minimize capacity issues and degradation in network performance, Liquid’s Broadband management system institutes measures to prevent improper or excessive usage. The measures include, but are not limited to:

• Shaping throughput (adjustment of line speeds depending on demand), prioritising services utilising specific ports or communication protocols. This shaping may take place through a series of steps, where continuous excessive usage (or historical excessive usage) may result in increasing restrictive shaping of throughput.
• Direct rate limiting throughput, limiting package speeds in the case of excessive usage.
• A complete termination of service to customers with improper usage, as elaborated below.

This policy applies to all, intended as well as un-intended excessive and/or improper usage. Example of unintended excessive usage include viruses, worms, malicious code, or other unknown causes.

Below table shows examples of use that may result in excessive usage, they include but are not limited to:

Improper usage

Users may not engage in any activity that compromises or threatens Liquid’s ability to provide broadband services in a reasonable and efficient manner to all other users.

Broadband services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation material protected by copyright, trademark, trade secret or intellectual property right used without proper authorisation and material that contravenes the appropriate laws regarding content regulation, hate speech, defamation and the making of illegal threats, privacy, unsolicited communications or violates export control laws.

Violations of system or network security are prohibited and in addition to action for improper usage in terms of this FUP, may result in criminal and or civil liability. Liquid will investigate incidents involving such violations and may involve or cooperate with, law enforcement agencies if a criminal violation is suspected.

Examples of security violations include but are not limited to the following:

• Unauthorised access or use of data, systems, or networks, including any attempt to probe, scan, or test vulnerability of a system or network or to breach security or authentication measures without authorisation of the owner.
• Unauthorised monitoring of data or traffic on any network or system without express authorisation of the owner.
• Interference with service to any user, host or network including, without limitation, mail bombing (spam), deliberate attempts to overload a system and broadcast attacks.
• Forging of any TCP/IP packet header or any part of the header information in an email or a newsgroup posting.
• Knowingly distribute computer viruses or other malicious programs.
• The infringement of other’s intellectual property rights or breaching of any laws or infringement of any third-party rights, including without limitation, copyright.

Download limitations and technical measures to Prevent Abuse of Broadband Service

Liquid reserves the right to implement technical mechanisms which limit or prevent usage patterns in violation of this FUP. Liquid further reserves the right to take action and measures necessary to protect the integrity of the system, including but not limited to, system monitoring as well as protocol monitoring and shutting down of ports affected by viruses, worms or other malicious code.

Our statics show that Customers who use data volumes more than the designed package data volumes are at most 5%. More than 95% of customers have their usage within expected usage of the package they subscribe. The FUP policy is informed from statistical modelling based on the usage patterns of 95% of our customers. Customers who have over usage on the same broadband/fibre package during peak periods, such that they trigger the FUP mechanism, will have their data usage prioritized below other customers, and or speed reduced. If the customer uses Liquid Broadband/ Fibre package in a manner that could interfere with other customers' service, affect our ability to allocate network capacity among customers, or degrade service quality for other customers, we may recommend that you switch to a more appropriate broadband/ fibre package plan, restrict your data session, suspend your service or terminate the service.

Liquid Fair Use Objectives

Liquid leads the industry with the most innovative and dynamic bandwidth management system that is engineered to ensure fair access to the internet especially during peak times by varying your speed priority based on both your package and recent usage profile.

As a result, our unique system only applies traffic management to the heaviest users in each package class for the shortest period possible when our links get full. The vast majority of our customers never experience any active traffic management being applied to their link, provided they are on a package that is suitable to their usage habits and requirements and they use it reasonably especially during peak periods for the Home packages.

Our definition of Home VS Business packages is as below:

• Home packages – most users are away in the office or at school during peak periods hence minimal usage expected during these times. Characterised by light browsing and moderate streaming during peak times.
• Business packages – demand most bandwidth access during peak times and as such will have priority if the bandwidth demand increases during peak times.

Peak times defined as 7am – 7pm.

Liquid vs the Rest

The following table shows how Liquid’s Fair Use System provides you a better experience than any of our competitors.

*UNLIMITED packages defined as such owing to the fact that we will never deny you access to the internet for the duration of your active billing period, however if your speeds have been affected by the Fair Use Policy you will not necessarily be able to carry out the higher bandwidth consuming activities such as streaming, downloading owing to the degraded speeds.

How it Works

• Liquid’s Fair Use Policy system continuously monitors the usage on your link in terms of volumes of download and upload.
• Every package at Liquid was designed to give descent internet experience and Liquid continuously monitors usage trends of its customers and closely follows the world trends to make informed business decisions that keep the company providing the best and valuable service to its customers.
• The FUP and Abuse prevention mechanisms monitor subscriber usage continuously and computes usage every hour and over the last 2weeks.
• During off-peak hours, the volume of data you download, or upload has very limited, if any, impact on your speeds. This is the best time for Home packages to do streaming and downloading of video and audio files.
• Your usage is continuously reassessed during the day, and as soon as the system notices a decrease in consumption, speed limitations are removed.
• The amount of data download vs. reduction in speed priority and impact is dependent on your package. Higher speed packages, or those designed for multiple simultaneous users i.e. Business packages will have higher priority and therefore less impact during peak periods.
• Peak period is defined to be from about 7am to 7pm during business days.

Package Selection

In order to enjoy the best service, it is essential to choose a package that is most closely aligned to your usage habits. It is for this reason that we ask you to accurately disclose your intended use prior to signing up for the package so that we can suggest the best fit for you. If you are on a tight budget, you can choose a less expensive option or even consider the capped packages for a start, however at times you may not get an optimal experience especially if your usage patterns lean towards downloading larger files and video streaming, what we commonly refer to as P2P protocols.

If it so happens that you choose a package and over time you continuously find yourself in our “shaping bucket” it will be a clear indication that you are not using the best package that fits your current usage patterns. Our customer centre Agents can recommend the possible packages that you should upgrade to in order to get a better experience.

Liquid’s Class of Service

Liquid’s Speed Tiers – Superfast Fibre

Home

Business

Typical Activity for Home Packages (Recommended)

*LOW placement means it can be done on occasion during these times however continued access during peak times triggers the Fair Usage Policy and as such our recommendation is to restrict this mostly to off-peak times.

Legal Rights

There is no clause in the policy that may be construed to limit Liquid’s rights or remedies in actioning any foregoing activities such as, without limitation: investigating suspected violations of this FUP, taking action to recover costs and expenses of identifying offenders. Liquid reserves all available rights and remedies with respect to such activities at Law or in equity.

This FUP may be clarified or modified periodically and Liquid reserves the right to modify this policy at any time, which changes shall become effective as soon as they are posted to the Liquid website.

This policy forms part of the customer’s agreement with Liquid regarding the Broadband services Liquid provides in the market and constitutes part of the Terms and Conditions of Service.