Acceptable Use Policy (Kacific Internet)

Introduction

This acceptable use policy (the “Policy”) defines acceptable practices for the use of internet broadband
services by customers of Brdy Broadband Limited (“Brdy”, “we” or “us”) and by users that have
gained access to such services through these customers. The Policy is incorporated by reference into
any agreement for service entered into between Brdy and its customers.

Brdy reserves the right to update this Policy from time to time and will maintain the latest copy of the
Policy on its website.

In order to provide the Service, Brdy uses the satellite internet service and related equipment, facilities
and services (the “Kacific Network”) provided by Kacific Broadband Satellites International Limited or
one of its affiliates (“Kacific”).

The Policy is designed to help protect the Kacific Network, the Service, Users, and the Internet
community as a whole from improper and illegal activity over the Internet and to improve the quality
of the Service and other offerings.

Terminology

For purposes of the Policy, the following are defined terms:
“Customer” or “you” means any customer who has executed a Service Contract with Brdy.
“User” means a Customer and/or any user who has gained access to the Service through a Customer.
“Service” means the internet service provided by Brdy to you under your Service Contract.
“Service Contract” means your contract for the Service with Brdy.

Agreement to Policy

By using the Service, you acknowledge and agree that you and your Users are responsible for
compliance with the Policy.

You are responsible for violations of the Policy by any User that accesses the Service through your
account. You also agree to fully cooperate with Brdy in any investigation regarding violation of the
Policy by a User.

Brdy’s Rights under the Policy

Suspension or Termination of Service. We reserve the right to suspend or terminate your access
to the Service if any User engages in conduct that violates a provision of the Policy, and such
conduct is not corrected within the time frame specified in the written notice. Before doing so, we
will provide you with written notice, if it is practically feasible to do so.

In severe cases, i.e. where the operations of the Kacific Network or other Brdy customers are threatened, we reserve the
right to suspend or terminate your access to the Service without notification.

Brdy does not make any promise, nor have any obligation, to monitor the activity of individual
Users and will have no liability to any party, including you, for any violation of the Policy by Users.

Cooperation with Law Enforcement. Brdy will cooperate with appropriate law enforcement
agencies involved in investigating claims of illegal or inappropriate activity. We further reserve the
right to disclose User information to the extent authorized by law.

By using and accepting the Service, you consent to our disclosure to any law enforcement agency, as required by such agency
and without the need for a subpoena, of your identity as the User of record (including basic contact
information), and the identity of any other User who has gained access to the Service through you
about whom Brdy is contacted by the law enforcement agency.

Prohibited Uses

Uses of the Service that will constitute violations of the Policy include:

Illegal Activity. The Service shall not be used for any unlawful activities and shall, in all cases, be used in compliance with applicable law. Use of the Service or the Kacific Network for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization, and the transmission of any material that constitutes an illegal threat violates export control laws or is obscene, defamatory, or otherwise unlawful.

Unauthorized Access/Interference A User may not:

attempt to gain unauthorized access to or attempt to interfere with or compromise the normal functioning, operation, or security of any portion of the Kacific Network or any other satellite system;
use the Service to engage in any activities that may interfere with the ability of others to accessor use the Service or the Internet
use the Service to monitor any data, information, or communications on any network orsystem without authorisation; or
attempt to gain unauthorized access to the user accounts or passwords of other Users

The use of any transmission equipment other than that which is expressly approved by Brdy is strictly prohibited.

Unsolicited Commercial Email/Spamming/Mailbombing. A User may not use the Service to
transmit unsolicited commercial email messages or deliberately send excessively large
attachments to one recipient. Spamming or “mailbombing” is prohibited. Likewise, a User may not
use the Service to collect responses from mass unsolicited email messages. Brdy may, in its sole
discretion, rely upon information obtained from anti-spamming organizations as evidence that a
User is an active “spam operator” for purposes of taking remedial action under the Policy.

Spoofing/Fraud Users are prohibited from injecting false data into the Internet, for instance, in
the form of bad routing information (including but not limited to the announcing of networks
owned by someone else or reserved by the Internet Corporation for Assigned Names and
Numbers) or incorrect DNS information. A User may not attempt to send email messages or
transmit any electronic communications using the name or address of someone other than the User
for purposes of deception. Any attempt to impersonate someone else by altering a source IP
address information or by using forged headers or other identifying information is prohibited. Any
attempt to fraudulently conceal, forge or otherwise falsify a User’s identity in connection with the
use of the Service is prohibited.

Inbound Complaints Brdy receives complaints directly from Internet users and other
parties. Brdy shall not be required to determine the validity of complaints received, or of
information obtained from anti-spamming organisations, but shall notify the Customer of the
complaint and where possible provide a reasonable period of time (depending on the nature of
the complaint) for the Customer to resolve the complaint before taking action under the Policy.

Other Prohibited Activities The following activities will also constitute violations of the Policy and
may result in suspension or termination of the User’s access to the Service:

Intentionally transmitting files containing a computer virus or corrupted data.
Attempting to circumvent or alter the processes or procedures to measure time,
bandwidth utilization, or other methods to document the use of the Service.
Advertising, transmitting, or otherwise making available any software, programme,
product, or Service that is designed to violate the Policy, which includes the facilitation
of the means to deliver unsolicited commercial email.
Any activity that disrupts, degrades, harms, or threatens to harm the Kacific Network or
the Service.
Any use of another party’s electronic mail server to relay email without express
permission from such other party.
Any other inappropriate activity or abuse of the Service (as determined by us in our sole
discretion), whether or not explicitly listed in the Policy.
Any use of the Service for military purposes without our prior consent.
Any use of the Service that includes transmitting radio waves from Japan and its territorial waters and airspace.

Fair Usage Policy

All Users shall be able to access our services and get the best possible experience. To ensure the
provision of a high quality of service, a Fair Usage Policy (“FUP”) applies to the Service provided in your
Service Contract, where the User’s usage can affect that of other Users. We have developed this FUP by
reference to average User profiles and estimated usage by the Users of the Service.

Bandwidth allocated to Users is reviewed as required, but at any time, there is only a fixed amount
of bandwidth available within the Kacific Network. This FUP aims to ensure that the unreasonable
usage of a few does not compromise the experience of the vast majority of Users

We reserve the right to modify (through speed and other variables) the behaviour of Users that
frequently use significantly more data than the majority of the other Users and/or use their
Internet service in a way that negatively affects the experience of other Users. If Users are found
to be amongst the 10% heaviest Users, and their usage negatively impacts the Kacific Network and
other Users, we may attempt to communicate with the Customer and request that the Customer
(and/or its Users) modify their usage, may suggest a more suitable solution for all parties involved,
or may exercise our rights outlined in this FUP

We may issue a warning to the Customer to suspend its Service, where in our reasonable opinion
the User’s use of the Service is excessive and/or unreasonable because it materially exceeds
estimated usage patterns over any month.

Where reasonable and practical, we will provide the Customer with 7 days’ notice before the
suspension, restriction, or termination of its Service.

If, after we have requested that the Customer stop or alter the usage to come within our FUP, the
excessive or unreasonable use continues, we may without further notice apply charges to the
Customer’s account for the excessive and/or unreasonable element of usage, suspend, modify or
restrict the Customer’s use of the Service, or withdraw the Customer’s access to the Service. If we
terminate the Customer’s Service under a fixed contract term, an early termination fee may apply
per the terms of your Service Contract.

Our service plans are subject to a prioritisation policy as follows:

NZE-PlanA:

The plan provides a maximum download speed of 10Mbps and a maximum upload speed of
2Mbps. The plan provides a download data allowance of 30GB and unlimited upload data, subject to this
FUP. Once the data allowance is exhausted the plan speed limits these maximum possible speeds
to 512/256kbps

NZE-PlanB:

The plan provides a maximum download speed of 20Mbps and a maximum upload speed of
5Mbps. The plan provides a download data allowance of 50GB and unlimited upload data, subject to this
FUP. Once the data allowance is exhausted the plan speed limits these maximum possible speeds
to 512/256kbps.

NZE-PlanC:

The plan provides a maximum download speed of 25Mbps and a maximum upload speed of
5Mbps. The plan provides tiers of access priority to bandwidth resources and also speed limits
these maximum possible speeds. The plan provides a data allowance of 65GB of first priority download data, and additional 55GB
of second priority download data and a further 90GB of third priority download data, subject to
this FUP. The plan provides first priority upload data at all times, subject to this FUP.

NZE-Enterprise:

The plan provides a maximum download speed of 45Mbps and a maximum upload speed of
10Mbps. The plan provides tiers of access priority to bandwidth resources and also speed
limits these maximum possible speeds. The plan provides data allowance of 75GB of first priority download data every month, and
additional 75GB of second priority download data and a further 150GB of third priority download
data, subject to this FUP. The plan provides first priority upload data at all times, subject to this
FUP.

Customers, resellers, and Users acknowledge that Brdy or Kacific do not, and cannot, in any way
supervise, edit, or control the content and form of any information or data accessed through the
Internet. Neither we nor Kacific shall be held responsible in any way for any content or information
accessed via the Kacific Network.

Furthermore, we and Kacific each disclaim 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.

Some internet sites may have embedded within them the ability to programme devices such as
your PC, WiFi device, tablet, or mobile phone, without the Users’ knowledge or direction. Users
are liable for any charges arising from such actions by third parties, and neither we nor Kacific
accepts any liability for any charges and/or damages the Users may incur by using the Internet.

Users are not permitted to operate servers from the Service and/or to on-sell the Service without
our written approval

Users are not permitted to send spam or bulk mail using the Service and we reserve the right to
charge you any costs that are required to rectify the result of such activity.

We reserve the right to manage the network to improve overall performance and customer
experience. In particular, we may act such that the usage of popular services such as standard web browsing and email is not adversely affected by other applications such as peer to peer or
file sharing.

The Users’ use of our Service is subject to traffic prioritisation by Kacific, where the allocation of
bandwidth resources is necessary to minimise congestion

Kacific uses Quality of Service (QoS) configurations within the Kacific Network and at its sole
discretion to prioritise specific types of internet traffic over others to enhance the overall User
experience These maximum speeds are not guaranteed, and the probability of obtaining such speeds
depends on the level of priority of each User and instantaneous traffic loading factors.

We reserve the right to, at any time and at our sole discretion and without any prior notice,
change, modify, edit, replace, or withdraw any or all of this FUP.

This FUP does not replace any of the terms, conditions, or obligations under your Service
Contract. In the event of any inconsistency (in the reasonable determination of Brdy), the
provisions of the Service Contract shall prevail.

Complaints and Contact Information

Any complaints or notifications regarding prohibited use or other abuse of the Service or Kacific
Network, including violations of the Policy, should be sent to Brdy by email at
complaints@brdy.co.nz.

Please include all applicable information that will assist Brdy in investigating
the complaint, including all applicable headers of forwarded messages.
Brdy reserves the right to, at any time and at its sole discretion and without any prior notice, change,
modify, edit, replace, or withdraw any or all of this Acceptable Use Policy.