Fair use policy, no thanks
18-March-2010
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Fair use policy, no thanks

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What's with this fair use policy anyway?  I've just received an email today from my ISP advising me that they would be making some changes to my existing broadband service. Is fair usage really fair?  They're "helping to ensure that all our customers get the most from our broadband service" apparently.  I am on their "unlimited" ADSL broadband option by the way and the specific wording for the fair use policy reads a bit like this.

"Monitoring and Performance: With your permission, we may monitor communications, including without limitation, any content or material transmitted over the Service.  We reserve the right (at our sole discretion) to monitor and control data volume and/or types of traffic transmitted via your Broadband Service.  In the event that your use of the Broadband Service (i) risks degradation of service levels to other customers, (ii) puts our system at risk, (iii) is not in keeping with that reasonably expected of a residential customer and/or (iv) does not comply with these Terms and Conditions (including the Acceptable Use Policy), we reserve the right (at our sole discretion) to reduce, suspend or terminate your Broadband Service and/or restrict certain types of traffic on your Broadband Service."

Well for starters they don't have my permission.  Then "In the event that your use of the Broadband Service (i) risks degradation of service levels to other customers" basically means 'if you use the Internet' because all use of the Internet will cause some level of degradation to the service for others, especially if the overall allocation available is not sufficient to be able to provide 'unlimited' Internet as advertised.

They reserve the right without any reference to your disputation to either slow you down or charge you more.  You don't have any say in this matter.  Is this Fair Use Policy really a fair contract or is it not just a bit one sided?

Fair usage policy - is your ISP being fair?

In practise it remains to be seen how stringently they exercise what they consider to be new levels of authority to do whatever they hell they please, but the wording of the fair use policy strikes me as sloppy and self-interested.

I've always found my ISP to be one of the best when it comes to fair use, but when you have up to 8MB speed it does realistically mean that that if you as a residential user albeit one who has been using the Internet for a long time and therefore know your way around (and what is available) choose to download Linux DVD distributions, lossless music, watch Youtube videos all day, upload a few months photos onto Photobucket, or listen to Internet radio whilst downloading an old TV series from Usenet (even *without* looking at what people do with peer to peer stuff) then you could quite possibly be processing a lot of data very quickly.  At that sort of speed downloading a DVD's worth of data doesn't take very long at all, you could download several in a day if you were of a mind to.

Current 'guidelines' for a fair use of the Internet for residential customers in my opinion very unrealistic and prejudiced in favour of the ISP's.

Perhaps it's time for few legal cases I think.  We could do with a bit less Richard Branson these days and maybe a bit more Robin Hood!  Somebody who takes from the rich to give decent Internet service to the poor instead of ripping off the poor to make the rich richer.

As squidgy says, "until official bodies (OFCOM, Trading Standards, Advertising Standards) take some action, ISP's will do what they like... simply because they can."


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Yep, sign up with Demon Internet www.demon.net and choose their business package (not home office) - it's about £25 a month but there's no fair use policy with that... simple.
*AOD  22-Feb-2010 19:57

 
I have unlimited downloads option 3 with BT. and found out it's the 5th time they have restricted our usage because too heavy - and worse thing they never told us - anyone have a better option for unlimited downloading with no restrictions?
*JJ  22-Feb-2010 18:05

 
Scouse Man you are joking I hope - I'd be pretty pleased if I were paying for 4Mbps and getting 5.3 Mbps!
*G-BNWK  27-Jan-2010 18:57

 
bt are taking the pis with me to mate i'v only got 4mb connection lyk but wen you do a speedtest you expect to get that or nearly that not 680 kb/s i'm gonna bell them tomorrow and try sort it out but no doubt thay will have a few blags to throw in my face or sum type of small print or somthing lol worth a try the only problem is where do I go if thay wont help as I am bonded into a 18 month contract which i'v only been in since early september I think the answer is no wher lad
*scouse man  06-Dec-2009 23:46

 
Got the same with T-Mobile here in Norfolk. It doesn't work. And yet they charge whilst you try to download which takes an age...use my O2 works laptop and for personal us with a mobile too from them will move at the end of the period of agreement. 'Liaised' with 34 customer advisors in Asia who don't have a cluse beyond diagnostics that don't work as good as a MAST!
Fair uase policies are made up when the Mobile operators have been taken over and need to make some more money, as with Orange/T-Mobile.
*Andrew C  13-Nov-2009 17:31

 
Dear ISPs,

Please stop providing connections capable of downloading 1GB in an hour and then complaining when people do exactly that.
*x  04-Nov-2009 02:14

 
seriously you need to get a job if you're dumb enough to sit on your fat ass watching youtube all day.
*ugh  29-Aug-2009 12:01

 
If you dont agree to the terms of the contract/usage policy..dont sign up!
These fair usage policies aren't really about over usage or affecting other users on your exchange (they dont give a crap if customers are experiencing bad service whatever the cause).
Its to catch the people who are using their residental services for business purposes and not paying extra for the priviledge(sp).
*ISP Mole.  30-Mar-2009 19:44

 
I've been affected by my Sky boradband connection having my connection speed dropped drastically during peak times.

And, having contacted Sky to complain, have been told that it is so their 16mb customers do not gripe about sloppy connection speeds. (I only live in an 8mb area) and who also don't have a fair usage policy. So I pay £17 a month for a majorly slow 8mb and they pay £10 a month for a 16mb speed with no limitations which we are suffering for.

They also say that their fair usage policy has always been there, but I have never been affected before and I used to download way more than I do now.
*Sam  20-Feb-2009 19:47

 
Virgin up to 8 meg catches - IT'S NOT FOR GAMING

-after the service has been activated there is a 10 day period for optimizing the line. So I lose 10 days, hoping that they tweaking the service.

-10 days gone, still slow, the ping is a joke. Call the customer service: I have problem with the speed and ping, I can't play games at all. They assure me it will be sorted out, please give us a few days. Next call, same again. Now 20 days gone.

- I smell a trap, quick call to the cancellation team. Too late, 200+ pounds if I want to cancel. And they told me it's not for gaming, the ping gonna be like that.

-what I have now, is a really slow internet service (10-100 kb/s download speed, 4-10 kb/s p2p download speed), 300+ ping , and a year contract.

What can I do?
*BLK  16-Feb-2009 17:33

 
Like ButtyBoxBill and Dandy Highwayman, I am another disillusioned and disgruntled Demon subscriber..

What started off as a great "unrestricted" service is now unacceptable crippled. A throughput of 30Kbps is not unusual these days, and I am syncing with the DSLAM at 6.5Mbps, so the problem ain't the local loop!

Demon has gone through several corporate takeovers since the days of Clive Feather et al.

First Demon was bought out by Thus (the telecoms arm of Scottish Power), which was then de-merged, and more recently Cable and Wireless has taken control.

After each boardroom takeover, the service with Demon has deteriorated further. The £25pcm HomeOffice 8000 service is now no better than a budget £10pcm offering from TalkTalk and the like.

The final straw that encouraged me to ditch Demon and to seek pastures new, was the rush of WARNING EMAILs to inform me that I had hit the monthly download limit and that speeds would now be crippled to 128Kbps. In truth, I don't even get a quarter of that speed.

Don't put up with it.. Leave, and tell them exactly why you're leaving...
*Ezra Merkin  13-Jan-2009 03:08

 
Demon's home 8000 service is limited to 50GB/ month - as I just found out from their crappy fair use email, they sent me a warning email at 48GB though when I already had downloads running! - so now I just ran a speed test 55k throughput :-( although they say that the restrictions are only in place between 9am and 11pm. so I can still hammer the newsgroups at night but can barely check my email in the day. -Great.
Well done Demon, another customer lost!
*ButtyBoxBill  20-Dec-2008 18:50


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