Fair Use Policy
MCS USA ‘Unlimited’ Data Service
Fair Use Explanation
Overview – Defining ‘Unlimited’
- MCS USA (“MCS Telecom”, “MCS”, “Company”) is the Telecom providing mobile service without a monthly cost.
- Unlimited means that the amount of data a customer (“you”, “your”) downloads or uploads is not limited, however, Unlimited does not imply infinite data.
- Customer means any person who utilizes the service(s) offered by MCS USA.
- “Service” in general includes but is not limited to Internet Access, email, downloaded APPS, etc.
- You will not be billed monthly for any data usage; however, MCS USA reserves the right to slow or throttle data service once you have reached 2GB per month.
- Factors outside the control of MCS USA may have an effect of altering user experience and download speeds. For example, localized congestion of wholesale supplied backhaul may prevent our wholesale supplier providing the same speeds all times of the day.
- The maximum data transfer speed of your connection is dependent on physical infrastructure such as type of building or location you are at during data use, your premises distance from the telephone exchange and quality of communications cabling. The speed of your own connection may place a limit to the amount of data that you are able to download.
Applications of this Policy
- This policy applies to services provided by MCS USA and aims to ensure that MCS USA provides quality services to all its customers and that no customer is disadvantaged by the conduct of others.
- In doing so, this policy ensures that all customers do not use MCS USA services in an excessive or unreasonable manner.
- MCS USA has the right to vary the terms of this Fair Use Policy at MCS USA’s sole discretion from time to time. Please visit https://www.mcstelecom.com/fair-use-policy for the most current Fair Use Policy.
- MCS USA may rely on its Fair Use Policy where any customer’s usage of the service is excessive or unreasonable.
- If your use of the service is found to be excessive or unreasonable, we will contact you by phone using the contact details you have provided to us to suggest more appropriate broadband services or ask you to curtail your usage.
- MCS USA highly recommends utilizing WIFI service to preserve your unthrottled data.
- If after contacting you, your usage continues at an unreasonable level, this will amount to a breach of this policy.
- The Terms and Conditions herein, and as amended from time to time shall constitute and will be an integral part of the agreement between MCS USA and Customer with respect to the Service. MCS Telecom reserves the right to change any or all aspects of this agreement, operating rules, usage guidelines, prices governing the Service, service plans, the pricing structure, or product/service policies at any time without prior notice to the Customer. The customer acknowledges that it is his/her sole responsibility to apprise himself/herself of the Terms and Conditions and Fair Use Policy, as amended from time to time and agrees to abide by the same. The Customer shall visit MCSTelecom.com to apprise himself/herself of the latest terms and conditions.
- MCS USA shall not be liable to the Customer for any loss, expense or damage of any kind in connection with the performance of its obligations under this contract or arising from disruption, interruption, suspension or malfunction of the Service, for whatsoever reason except when there is deliberate failure or breach on the part of MCS USA.
- This policy is supplementary to your obligations outlined in the MCS USA Customer Terms and Conditions.
- MCS USA’s Unlimited Broadband plan is intended for personal use by residential customers.
- Without limiting what is meant by “unreasonable”, MCS USA considers the unreasonable use of services to include:
- Use of a residential service for business purposes.
- Resale of the service without prior written consent.
- Heavy usage patterns that cause significant network congestion, disruption or otherwise adversely affect other customers use of the service.
Breach of Policy
- If MCS USA considers your use of the service likely to, or has breached this policy, MCS USA will notify you immediately.
- If MCS USA considers that use of the service continues to be unreasonable, or if the parties are unable to agree to the changes to the service, MCS USA may, in its sole discretion, without liability:
- Suspend or restrict the service (or any part of it) for any period MCS USA sees fit or;
- Cancel the service by providing 30 days written notice to the customer.