1. It is important to us that all eligible 3 customers are able to access our Services. Accordingly, we have devised a Fair Use Policy which applies to:
(a) usage of 3 Data Services; and
(b) any promotions or Services which are advertised by us as subject to the Fair Use Policy (“Fair Use Promotions”).
2. We reserve the right to vary the terms of the Fair Use Policy from time to time.
3. We may rely on the Fair Use Policy where:
(a) your usage of 3 Data Services is unreasonable; or
(b) your participation in a Fair Use Promotion is unreasonable, as defined below.
4. Unreasonable Use
4.1 It is unreasonable use of 3 Data Services where your use of 3 Data Services is reasonably considered by us to be fraudulent or to adversely affect the 3 Network or other 3 customers’ use of or access to a 3 Service or the 3 Network; or the Network of any party related to 3.
4.2 It is unreasonable use of a Fair Use Promotion where your participation in a Fair Use Promotion is reasonably considered by us to be fraudulent or to adversely affect the 3 Network or another 3 customer's use of or access to a 3 service or the 3 Network; or the Network of any party related to 3.
4.3 Among other things, "fraudulent use" includes resupplying a 3 Service without 3's consent so that someone else may access or use 3 Data Services or take advantage of a Fair Use Promotion.
5. Our Rights
5.1 Where you are in breach of this Fair Use Policy, we may contact you to discuss changing your usage so that it conforms to this Fair Use Policy.
5.2 If, after we have contacted you, your excessive or unreasonable use continues, we may, without further notice to you:
(a) suspend or limit the Service (or any feature of it) for any period we think is reasonably necessary; and/or
(b) terminate your agreement in accordance with clause 10.2(b) of the Standard Form of Agreement for 3 Services (Postpaid) or clause 9.4(a) of the Standard Form of Agreement for 3 Prepaid Services.