Cybersmart: suspected using other ISP increasing OtherISPCount by 3

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Hogrod

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Found this today under my account logs (http://www.cybersmart.co.za/logs.cgi)
Looks like they are actually monitoring if you are using another ISP!

Thje Log message showed:
"suspected using other ISP increasing OtherISPCount by 4"

I basically pay Cybersmart for my ADSL line, don't buy their data and use another ISP for the data (it's cheaper). Anyone else had this logged on their account? Weird!

I know thier T&Cs say you can't use another ISP, but what difference does it make to them anyway? I understand that it would be a problem if I phoned them with tech issues concerning another ISP, but I'm not and have never done so.

"If you use our ADSL service, you are required to cancel the ADSL services that you might have at
other providers. We have incurred thousands of support hours fixing problems that result from
settings specific to other ISPs. Should we find that we are not your only ADSL provider, we will
degrade your service"

Degrade my service in what way???
 
yes they check via dns server, just use 8.8.8.8 as dns then they do not know what isp you use :)
 
...Phone them and ask them maybe?

Those T&Cs are in any case so old it ain't funny.
 
Been with mweb for a year and stll have my line with cybersmart. Seen the same thing. They just logged it, and haven't done anything about it yet.
 
kat06sa said:
Been with mweb for a year and stll have my line with cybersmart. Seen the same thing. They just logged it, and haven't done anything about it yet.
Click to expand...

Noticed the same on a few lines I have rented through them, been like that for over a year and no issues. This is a non issue IMO...
 
Lounger said:
I think you mean unenforceable.
Click to expand...
Why? They'll have trouble proving that you are using another ISP without monitoring communications, but it can be done. And the T&C are on the whole enforceable even if a few sections are void.
 
I've been using OpenDNS,a s the Cybersmart DNS is not as reliable. You can't use DNS settings to guess if someone is using a different ISP!
 
HavocXphere said:
Why? They'll have trouble proving that you are using another ISP without monitoring communications, but it can be done. And the T&C are on the whole enforceable even if a few sections are void.
Click to expand...

errr... isn't it illegal to monitor communications without your consent?
 
I would also think this would be an undue restriction on you. Like, anti competitive.

Imagine if 8ta said they would not do business with you if you had a VodaCom contract? Or FNB said they would not give you an account if you had a Standard account?
 
well theres 1 isp i will never ever sign up ... seems very dodgy way to keep track of clients and who knows what other info they are pulling of logging
 
Apparently my user details are wrong. :wtf:

Anyway, it'd be interesting to note how many of us "throttled" uncapped guys fall into this category. It's weird that it's only come about now. I've been on Cybersmart (SAOL, really) for just over 10 years (with ADSL for the past ~3), and through that time I've had the Web Africa specials and still use my Afrihost 1GB free account without ever having these slow speeds until now.

Then, again, the usage might be billed onto my account, seeing I've apparently done 7GB this month, despite being throttled to 4kbps. Either I'm a trooper or Cybersmart are suddenly employing their T&C's. Sigh, it's a pity the Openweb special ends today, I'd have loved to pick one up.

BTW, Sandman, if you're reading this can you post some screenies of your usage the past few days? I know you're on the Openweb After Hours account, so if Cybersmart has any gripe with usage not through them, it's you. :D
 
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wtf? You're not allowed to use another ISP when using Cybersmart? Complete bs in my opinion, I will never subscribe by them.
 
The_Librarian said:
errr... isn't it illegal to monitor communications without your consent?
Click to expand...
Yes, which is what I said:
HavocXphere said:
They'll have trouble proving that you are using another ISP without monitoring communications, but it can be done.
Click to expand...

What I was getting at though is that whether the clause is enforceable or not from a legal perspective has nothing to do with how practical it is to enforce it. e.g. A customer might admit to using another ISP. Then the practical problem is solved & it could go to court & CS wins.

This is legal stuff, so there are a 100 ways to spin it if necessary.

e.g. Take the DNS. You are sending a DNS request to their DNS server, so they are the receiver of the message & can legitimately use it. i.e. They aren't intercepting it.

Plus one will have trouble enforcing the monitoring of communications act thing anyway. All ISPs monitor stuff...its kinda necessary.

Code: 
2.   Prohibition on interception and monitoring.‹(1)  No person shall

(a)intentionally and without the knowledge or permission of the dispatcher
intercept a communication which has been or is being or is intended to be
transmitted by telephone or in any other manner over a
telecommunications line; or

(b)intentionally monitor a conversation by means of a monitoring device so
as to gather confidential information concerning any person, body or
organization.
 
Had the same problem with cybersmart a while ago. I told the agent its got nothing to do with cybersmart which ISP i use and how many accounts I have. He shut up after that. I did cancel my account however and have never been happier. They are useless.
 
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