Gazette No.: 14/2000 Published on 7 April 2000
FIXED TELECOMMUNICATION NETWORK SERVICES
TELECOMMUNICATION ORDINANCE (Chapter 106)
In accordance with General Condition 20 of the Fixed Telecommunication Network Services (FTNS) Licence, Cable & Wireless HKT Telephone Limited, Cable & Wireless HKT International Limited and Cable & Wireless HKTCAS Limited (collectively referred to as "the Company") hereby publishes the tariffs, the terms and conditions under which it will provide the following telecommunication services with effect from 1st April 2000.
Particulars of Service
Particulars of Charges
The Internet Gateway Service provides a data access service to support Internet Protocol (IP) based application & service at data rates of 45 Mbps and 155 Mbps.
The service supports three types of customer interface as follows : -
- DS3 45Mbps
- OC3c 155Mbps ATM
- OC3/STM1 Packet over SONET
Internet Gateway Service Monthly Charge 45Mbps HK$ 3,158,000 155Mbps HK$ 8,246,000
C. Delivery Time of Service
After entering into an agreement with a customer for the Internet Gateway Service, the Company will endeavour to provision access to the Customer within 60 days or subject to availability.
D. Conditions of Service
This service is made available by the Company to the Customer subject to the Company's General Conditions of Service and the Special Conditions as per Schedule I.
INTERNET GATEWAY SERVICES
|1.1||Internet Gateway Service is made available by the Company to the Customer subject to the Company's General Conditions of Service and these Special Conditions.|
|1.2||If any term of these Special Conditions is inconsistent with the General Conditions of Service these Special Conditions will prevail.|
|1.3||Capitalised terms in these Special Conditions have the meaning given to them in clause 10 or the General Conditions of Service (as applicable).|
|2.||INTERNET GATEWAY SERVICE|
|2.1||The Company shall provide to the Customer access to the Internet and information and any ancillary services of Internet based technology according to the specification supplied to the Customer by the Company.|
|2.2||It shall be the responsibility of the Customer to arrange for the provision of all telecommunication equipment (including any software) for the purpose of gaining access to the Service.|
|2.3||The hours of operation of the Service shall be fixed by the Company from time to time but would normally be 24 hours a day, 7 days a week.|
|2.4||The Company will supply the Service following receipt from the Customer of a fully completed Application and notification by the Company to the Customer that it will provide the Service as requested in the Application.|
The Company acknowledges that Local Circuits may not be available to all proposed Customer Termination Points, accordingly;
The Customer agrees that:
The Customer must :
|2.8||The Customer is deemed to have accepted the Service if the Company has not received written notice from the Customer to the contrary within 7 days of the Services Commencement Date. If the Customer informs the Company that it does not accept the Service within 7 days of the Services Commencement Date the Company may immediately terminate the Service and the Customer must, if required by the Company, pay any Cancellation Charges or all costs incurred by or on behalf of the Company in relation to performance of these Conditions until receipt of the written notice.|
|3.||MINIMUM SERVICE PERIOD|
|3.1||Unless otherwise stated in the Application, the minimum commitment period for the Service shall be 6 calendar months ("Minimum Service Period").|
|4.||USE OF THE SERVICE|
|4.1||The Customer undertakes to use the Service in accordance with such conditions as may be notified in writing to the Customer by the Company from time to time and in accordance with all Applicable Laws, and all rules and regulations of relevant public internet governing bodies and further the Customer undertakes not to do or omit to do, or permit the doing or omission of any act or thing that may cause the Company to be in breach of the agreements with Internet governing bodies and other competent authorities, including but not limiting to the APNIC Membership Agreement and/or the APNIC Bylaws, and the Customer undertakes to follow "Best Current Practices" of the Internet community within the meaning of clause 10 of the APNIC Membership Agreement.|
|4.2||Without limitation to the generality of the foregoing,
the Customer undertakes not to use the Service:
(a) for any illegal or improper purpose or for the purpose of sending any message which is of a defamatory, offensive or abusive or of an obscene or immoral nature or menacing character; or
(b) in a manner which constitutes a violation or infringement of the rights of any person, firm or company (including but not limited to rights of copyright or confidentiality) or a violation or infringement of any statutory duty or obligation or any duty or obligation in contract, tort or otherwise, to any third party.
|4.3||The Customer shall indemnify and keep indemnified and hold free and harmless the Company against all liabilities, claims, damages, losses and proceedings arising out of or in any way connected with any use of the Service in contravention with this clause.|
|4.4||A breach of this clause is an Unauthorised Activity for the purposes of the General Conditions of Service.|
|5.||INTERNET RESOURCES AND IP ADDRESS ASSIGNMENT POLICY|
|5.1||Any Internet resources including Internet Protocol Addresses allocated by the Company to the Customer for access to the Service shall remain the property of the Company and the Customer has no right and title thereto. The Company reserves the right to withdraw any of the Internet resources from the Customer at any time.|
|5.2||The Company requires the Customer, as the Company has undertaken to APNIC, any customers requesting for IP allocation is required to understand the policy as laid down by the Internet Registry in RFC 2050 and to follow those guidelines listed on the policy.|
|5.3||IP addresses are not portable. Address assignments should be treated as loans for the customers from the ISP for the duration of the connectivity provision.|
|5.4||The Customer's network must support Classless Inter-Domain Routing (CIDR).|
|5.5||The Customer requesting IP address assignment must provide documentary justification to support the need for the assignment of IP addresses, such as the Customer's network engineering plan.|
|5.6||The Customer should consider the use of dynamic IP address assignment technology. The Customer should consider using reserved address as discussed in RFC 1918 when there is no intention of connecting to Internet.|
|5.7||Assigned address space is based on immediate utilization plus 1 year projected utilization. The utilization rate of above 80 % must be maintained by the organization within 1 year.|
|5.8||All IP address requests are subject to audit and verification by any means deemed appropriate by the regional registry. If any assignment is found to be based on false information, the registry may invalidate the request and return the assigned addresses back to the pool of free addresses for later assignment.|
|5.9||The Company reserves the right to invalidate any IP address assignments in the event that it is determined the requirement for the address space no longer exists.|
|5.10||The Company reserves the right to amend the IP address assignment policy at any time without prior notice to the Customer. The Customer can also refer to RFC 2050 available at APNIC website at www.apnic.net and/or the Company's Internet Gateway Service website, the address of which shall be notified to the Customer by the Company when it becomes available. The Customer should understand the transfer of IP addresses from one party to another must be approved by the Regional registries.|
|ACCEPTABLE USE POLICIES|
|6.1||The Customer shall conform to the Acceptable Use Policies
for the use of the Service as set out in this clause. The Company reserves
the right to amend the Acceptable Use Policies at any time without prior
notice to the Customer. The Customer will be notified of the amended Acceptable
Use Policies by publication on the Company's Internet Gateway Service website.
|Acceptable Use Policy for Internet Access|
|6.2||The Customer must not attempt to gain access using the Service to any host, network, account or computer resource for which the Customer is not authorised to access. This includes, but is not limited to, accessing data not intended for the Customer's transmission or receipt, logging into a server or account the Customer is not authorized to access, or probing the security of other networks such as running a SATAN scan or similar tool.|
|6.3||The Customer must not obtain or attempt to obtain the Service by any means or device with intent to avoid payment. The Customer must not attempt to obtain unauthorized access, alteration, destruction, of any information of any other customers or end-users by any means or device.|
|6.4||The Customer must not attempt to use the Company's
products and services to interfere with the use of the Company's, or any
other person's, networks by any other customer or authorized end-user. This
includes, but is not limited to, "denial of service attacks",
"flooding" of networks, deliberate attempts to overload a service,
and attempts to "crack" a host.
|Acceptable Use Policy for News|
|6.5||The Company can not, and does not, control the content of the newsgroups available to the Customer. The Company is not responsible for the content of any newsgroup message whether or not the message was posted by other customers.|
|6.6||The Customer must not post any advertisements, solicitations, or other commercial messages to newsgroups unless explicitly permitted by the Company and that newsgroups.|
|6.7||The Customer must not post or cross-post the same or substantially similar message to more than 10 newsgroups. The Customer is prohibited from posting chain letters to newsgroups.|
|6.8||The Customer must not forge or remove header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.|
|6.9||Posting of messages for the purpose of threatening, harassing or intimidating others is strictly prohibited. The Customer must not post messages which infringe on personal or property rights of others.|
|6.10||Any news service offered to its end-users by the Customer
must formulate an Acceptable Use Policy in substantially similar terms to
the policy in this clause and make sure such policy is enforced by the Customer's
|Acceptable Use Policy for Electronic Mail ('Email')|
|6.11||The Customer must not conduct, permit or allow electronic mail spamming which is strictly prohibited. Spam is flooding the Internet with many copies of the same message, in an attempt to force the message on people who would not otherwise choose to receive it.|
|6.12||The Customer must not conduct, permit or allow electronic mail bombing, which is strictly prohibited. The Customer must not send electronic mail to a recipient address with the intent to disrupt the recipient's mail server and/or account. Mail bombing includes, but is not limited to, flooding a user or site with very large and/or voluminous pieces of email.|
|6.13||The Company's accounts and/or services may not be used to collect replies to unacceptable messages sent from another Internet Service Provider. Unacceptable messages include, but are not limited to, messages that violate this Acceptable Use Policy or the Acceptable Use Policy of the other Internet Service Provider.|
|6.14||The Customer must not conduct, permit or allow the forgery, alteration or removal of electronic mail headers, which is strictly prohibited.|
|6.15||All forms of electronic mail harassment are prohibited. This includes, but is not limited to, harassment through language, frequency and/or size of messages. The Customer must not send, or permit or allow the sending of electronic mail to any person who does not wish to receive it. If an electronic mail recipient makes a request to the Customer to stop sending or allowing the receipt by that recipient of unwanted electronic mail, the Customer must not send, or allow or permit the sending to that person of any further electronic mail.|
|6.16||Propagation of chain electronic mail is prohibited, whether or not the recipient wishes to receive such messages. The Customer must disable unauthorized email relay and implement email spamming control on the Customer's email servers.|
|6.17||The Customer must create a postmaster mailbox for every email domain that the Customer's email server services. The postmaster's email address must be named postmaster@email_domain, where email_domain should be substituted for every email domain that the Customer's email server services. Messages to the postmaster should be handled by a human being. Proper response should be given to complaints raised against email configuration, misuse or abuse. The Customer must not forward any email error message to the Company's email servers. Legitimate email enquiries should be handled through normal technical resolution procedures.|
|6.18||The Customer is prohibited to use the Company's electronic mail servers to perform any action forbidden in this Acceptable Use Policy.|
|6.19||A breach of this clause is an Unauthorised Activity for the purposes of the General Conditions of Service.|
The Customer may either obtain the Local Circuit by :
If the Customer decides to acquire the Local Circuit directly from a Local Operator it must ensure that :
|7.3||If the Customer elects for the Company to arrange the Local Circuit, the Company is appointed as the agent of the Customer to enter into such arrangements with the Local Operator as may be necessary in accordance with Clause 8.|
|7.4||The Customer will be directly responsible to the Local Operator for all charges levied by it for the Local Circuit and any other services or equipment provided by the Local Operator.|
|8.||THE COMPANY ACTING ON BEHALF OF THE CUSTOMER|
If the Customer appoints the Company to act as its agent for the procuring of a Local Circuit from a Local Operator:
|9.1||Subject to the prior written consent of the Company, the Customer may terminate this Agreement by giving to the Company not less than three (3) months' notice in writing to that effect.|
Unless the context otherwise requires the following words have the meanings given to them in this clause:
APNIC means APNIC Pty Limited, a non-profit corporation providing the service of allocating and registering Internet resources in the Asia and Pacific Rim region, or any non-profit replacement of that body performing essentially the same functions.
Company Termination Point means the premises located in Hong Kong designated by the Company as the termination point for a Local Circuit for the purpose of the Customer's access to the Service.
Customer Termination Point means the premises located in Hong Kong connected to the Company Termination Point by a Local Circuit.
Local Circuit means the local leased capacity between the Customer Termination Point and the Company Termination Point.
Local Operator means any person authorised under the Telecommunication Ordinance to provide Local Circuits.