Excess usage clause (in the AUP)

Deckert · Jan 17, 2004

Now I am irked/confused.

Sentech state openly (and tout it as a feature) that their service is uncapped. Yet there is this paragraph in their AUP:

---snip---
Excess Utilization of Network Resources. The excessive use or abuse of Sentech’s network resources by one subscriber may have a negative impact on all other subscribers. Accordingly, you may not use the Service or take any action that will result in excessive consumption or utilization of the system or network resources, or which may weaken network performance, as determined in Sentech’s sole discretion. Such prohibited actions include, but are not limited to: using the Service to host a server which attracts excessive traffic at your location, continuously uploading or downloading streaming video or audio, usenet hosting, or continuous FTP uploading or downloading. In the event that Sentech detects excessive use by you, Sentech may restrict your access to Sentech’s network, increase the fees associated with your Service, including upgrading you to a higher class of Service, or terminate your Service. See "Personal Websites" below for other options.
---snip---

Is Sentech setting double standards? Uncapped is just that - uncapped. Setting the above policy is simply another way of capping the service *at their discretion*.

On the other hand, I like their stance on Spam.

--deckert

mithrandi · Jan 17, 2004

Well, this is a very common clause in many provider's agreements; essentially you just have to hope that Sentech won't abuse it.

mithrandi

Karnaugh · Jan 17, 2004

Hmmm.. Have to disagree mithrandi.

<blockquote id="quote">quote:<hr height="1" noshade id="quote">Such prohibited actions include, but are not limited to: using the Service to host a server which attracts excessive traffic at your location, continuously uploading or downloading streaming video or audio, usenet hosting, or continuous FTP uploading or downloading.<hr height="1" noshade id="quote"></blockquote id="quote">

That is very worying... Seems more geared towards preventing warez sharing etc. I have never seen that in another ISP's AUP, I stand to be corrected though, I havent looked at *every* ISP AUP/TOS.

Anyway, take it or leave it, I doubt Sentech will modify that.

<hr noshade size="1">
"Since light travels faster than sound, people appear bright until you hear them speak."

NetLink Research

freakazoid · Jan 17, 2004

IMHO, when you take the AUP in conjunction with their contract - every thing boils down to "sentech's own discretion". That is where a really big potential problem lies.

It's really come (with me) to such a extent, that I have to back each and every question I ask (almost) with clauses out of the contract in order to get answers. Very quickly for example, I wanted reverse DNS on IP Addresses, because quite allot of mail servers do not accept mail from hosts without the relavent PTR records. Sentech came back to me saying no. I go to Sentech telling them that they are refusing me usage of the service (i.e. Internet access in the form of sending / receiveing mail), they come back to me telling me that mail is not specified as part of the contract. Duh Sentech... Neither is HTTP, neither is POP3, neither is (insert any of a couple of thousand protocols here). Eventually, Sentech came back telling me that they will provide me reverse DNS - but at a price. It's been almost 2 months now since than, and I am still waiting for them to inform me what this additional cost for reverse DNS will be.

Regarding the excessive usage... There's been months that I used more than 50GB without problems (unfortunatley not lately). They have not complained. However, I would suspect that as their bandwidth becomes less and less available, and the customers get more and more, it wont surprise me if they squees a couple of customers with this clause.

On a different note, I have a meeting next week with a few of Sentech's big boys that is coming down from JHB to CPT... If there's any questions, please pass on and I will attempt to get answers.

mbs · Jan 17, 2004

For FREAKAZOID - if I read you correctly, you're offering to raise questions with Sentech in your meeting next week for some of the concerns raised by MyADSL members - if so, great stuff! Here are two related questions for them, concerning static IPs (there are other concerns raised by other members, concerning coverage, pricing, and so on, but I'm really only focussed on the static IP issue):

** To cater for those users who are not 'power-downloaders' but who need nothing more than the 128K MyWireless offering TOGETHER with a static IP address, will static IPs in fact be made available to them with the 128K option, without locking them into a product offering (512K) which is more expensive and which would be underutilised, given the nature of their usage?

** If not, would you consider the provision of static IPs to 128K users under usage constraint conditions of 1Gb per day, presupposing that your non-provision is due to concerns of over-utilisation of bandwidth?

Perdition · Jan 17, 2004

freakazoid :

Adding to the points already given I think most customers would benefit from knowing exactly what Sentech considers "excessive usage". They have provided the activities that can lead to excessive usage but not a specific threshold on usage. Given this information I believe most customers would control their usage accordingly. This would save Sentech a lot of hassle in policing users and consequently the negative response/publicity they would receive from the community.

MaD · Jan 18, 2004

Well excessive usage is gauged on highs and lows, so if everyone on the network downloads a boatload of stuff all the time, how will they be able to tell what is excessive? I'm on R7 call at the moment and connected friday nite and have downloaded just over 750 megs so far worth of car clips and trance sets and there's still many files in the queue, so i assume that is excessive, and that's not even trying. A 256K uncapped line will of course lead one to download more, but then that will be balanced out by the people who download almost nothing.

I'm sure Sentech will be fair in this regard, but it would be nice too if they gave an estimate in GB (or petabyte hehehe) what they deem to be excessive. They're probly just trying to avoid bandwidth clogging by everyone who leaves their P2P apps running 24/7.

Either way, i'm going MyWireless the minute my suburb in Cape Town becomes available. I have a box cutter and pair of pliers just aching to take on those cream-coloured Telkom wires. [

]

________________________________________________
Just imagine where SA would be now if it weren't for Telkom

ProAsm · Jan 18, 2004

To be honest, we dont have the time to monitor whats excessive and whats not.
Basically probably whats all that may happen in some distant future is those that are "excessive" may get throttled a bit during peak times which is no train smash.

Karnaugh · Jan 18, 2004

129 posts and you dont know how to stay on topic?

<hr noshade size="1">
"Since light travels faster than sound, people appear bright until you hear them speak."

NetLink Research

jgoosen · Jan 18, 2004

whoops mistake sorry...bit sleepy excuse ME!!Since you superior and probably twice my age… I will Obey..HEHEHE (YEAH RIGHT)

guest2013-1 · Jan 18, 2004

Freakazoid, a question you may raise in the meeting is one I asked one of their support people on friday (I posted on that, haven't checked any replies yet)

Will the 512k mywireless users get to have static IP's? I need this as an extension of my work... I'm a contract web developer and basically run a multi-million website for some big unnamed company (pay me enough and I'll tell, hehe) which needs to be up 24/7, I had the unpleasant experience of upping my wittle car's milage a shatload last month, running between clients, wheras it would be easier just popping the modem in anyplace, and logging in with terminal services (ts is restricted by IP address) so you see my point in the static IP address?

I'm going to go ahead and get the 512k package in any case (death wish I know, especially without the IP option!!)

Please clear this up and raise the issue again, either that or their support staff isn't too sure about themselves

mithrandi · Jan 18, 2004

<blockquote id="quote">quote:<hr height="1" noshade id="quote">129 posts and you dont know how to stay on topic?<hr height="1" noshade id="quote"></blockquote id="quote">
What are you on about?

mithrandi

Karnaugh · Jan 19, 2004

Erm he deleted his post which suddenly started asking ProASM about the coverage in his area which had nothing< to do with this topic. Anyhow...

<hr noshade size="1">
"Since light travels faster than sound, people appear bright until you hear them speak."

NetLink Research

ChezAnwyne · Jan 19, 2004

If Sentech decides to start excercising their "discretion", especially when the terms are so vague, it might provide a very convenient way for people to get out of their 24 month contracts.

Unless they clearly define what they regard as excessive consumption, I doubt if they will legally be able to restrict your access or increase your fees. Their only option will be to terminate your service.

mithrandi · Jan 23, 2004

Actually, it's just the opposite. *They* get to determine what "excessive" means. Read that paragraph again, specifically the phrase "as determined in Sentech's sole discretion.

mithrandi

mbs · Jan 24, 2004

For Freakazoid:
Right - the week has now passed and you hopefully had a fruitful meeting with the Sentech types - would appreciate you posting whatever responses you've had with regard to the questions raised - many thanx...

guest2013-1 · Jan 24, 2004

and I state again, I didn't sign ANY kind of AUP with that clause in..... I actually read my contracts

mithrandi · Jan 24, 2004

Of course you didn't sign the AUP. The AUP is on the website; however, you signed the terms and conditions. Unless you signed a different set of terms and conditions to the one I got when filling out the application form, they read as follows:

<blockquote id="quote">quote:<hr height="1" noshade id="quote">9.5 The customer acknowledges having read and
agreed to the terms and condition of the Acceptable
User Policy /Fair Usage Policy on the Sentech
website.<hr height="1" noshade id="quote"></blockquote id="quote">

Now, if we go to the "Acceptable User Policy" on the Sentech website, we read the paragraph the initial poster quoted. I'll requote what I consider to be the important bits:

<blockquote id="quote">quote:<hr height="1" noshade id="quote">Accordingly, you may not use the Service or take any action that will result in excessive consumption or utilization of the system or network resources, or which may weaken network performance, as determined in Sentech’s sole discretion.<hr height="1" noshade id="quote"></blockquote id="quote">

<blockquote id="quote">quote:<hr height="1" noshade id="quote">In the event that Sentech detects excessive use by you, Sentech may restrict your access to Sentech’s network, increase the fees associated with your Service, including upgrading you to a higher class of Service, or terminate your Service.<hr height="1" noshade id="quote"></blockquote id="quote">

mithrandi

guest2013-1 · Jan 24, 2004

eish, dose beeeg werds making no sense dude

i still didn't initial ****all

cept for 9.5

i don't care though... i only have a 200 gig hard drive (yes, and a cd writer, but im too cheap to buy writables...wait, no... too lazy)

so by month 2 or so, my hard drive would be too full

hell, if i can download my porn at 60kb and not wait 2 weeks to get it, fine by me, all I want is an always on thing with faster than fast access speeds... and if i want to move back to cape town, not have to suck telkoms big ugly dick to get my lines transferred or something

you getz?

worrying will get you nowhere....(nor shall beeching)

time will tell

mithrandi · Jan 24, 2004

<blockquote id="quote">quote:<hr height="1" noshade id="quote">you getz?<hr height="1" noshade id="quote"></blockquote id="quote">
I "getz" that you have a severe problem comprehending any of the issues involved here.

mithrandi

Join the MyBroadband community

Get started

Excess usage clause (in the AUP)

Well-Known Member

Well-Known Member

Banned

New Member

Expert Member

Expert Member

Expert Member

Expert Member

Banned

Well-Known Member

guest

Well-Known Member

Banned

Active Member

Well-Known Member

Expert Member

guest

Well-Known Member

guest

Well-Known Member