Hi there,
If this is against the TOC, does that mean that creating any type of VPN is against Afrihosts TOC? That would be strange on a business line to be the case. The only difference here is I have specified a port rather than using the default to use a VPN over, but other technologies such as Microsoft Directaccess (
http://technet.microsoft.com/en-gb/network/dd420463.aspx) make use of other ports also such as 443 (configurable). Had I used a technology built into windows server such as direct access, it would also be doing the same thing, so is creating a vpn then against TOC since it is encrypted and you cannot read the data? Therefore is all encrypted data against your TOC? The TOC is not clear on that at all. Any encrypted data could be seen as circumventing the qos shaping since you cannot read it.
In my defense, I have subsequently read the TOC and dont find anything that actually specifies that creating a vpn is against them or an abuse of the service. It just so happens to be one of the methods you chose to shape traffic on, and is co-incidental. If the network functioned as advertised anyway, I would not have bothered, so I hardly feel some sort of moral obligation - especially when most users are concerned about their torrents which I imagine is in violation of the DCMA anyway. Presumably since torrenting illegal media doesnt worry you, I dont see why someone trying to get a vpn to function properly over a business line would. As more companies deploy directaccess based technologies, you would be forced to accept them as part of what people do anyway, especially with cloud based protocols being developed as the next gen of internet.
Lastly, I assume the TOC is only enforced against abusers of the network anyway, so I would imagine that nothing would happen unless I suddenly start doing five times more traffic like around 500GB of traffic a month.
Hope that makes sense

- seems reasonable to me.
Pete