iBurst - warning for excessive usage

[eltherza]

Ok, so I basically agree with Eltherza, we are entitled to roughly 20gb's on a 1.5gb account, when taking into account the soft cap, and iBurst has no right to cut us off before that, no matter what we are using it for. Above that however it gets a bit more murky; currently there is the drive (it should have already come into place, but this is south africa after all) to unbundle the local loop and make local bandwidth free, and while it only applies to adsl in writing, iburst is a local product, and the goal of this drive to to make local traffic free for ALL, so in a way iburst is acting illegally by cutting you off, assuming of course that most of what you downloaded is from the hub. However, there is the matter of network congestion. While you are capped to 64kb in terms of general activity, which includes browsing, international p2p, voip etc, we all know that the hub can reach far greater speeds; otherwise it just wouldn't be any more popular than using torrents via tor/privoxy (apart from the overhead these apps add to your bw usage). So while you are "softcapped at 64k" you are actually using more of the tower bandwidth than you are paying for, which is unfair on the rest of us (and yes, I always go over my cap, but never to that extent)

on to whether iburst can just cut you off...yes and no. There IS a clause stating that excessive usage can allow them to cut you off, and while I think that is an addition made after I signed up, and they should have notified ALL of us, IN WRITING, it is pretty much binding. However, it is only binding when clause 7 is taken into account; they must give you a warning, and may only do so 7 days after the breach of contract has taken place, in order to provide you with the chance of redeeming your breech (clearly this has not been followed). They may in fact cancel your contract completely if the breach occurs a further 2 times within a 12 mon period, but again the notification must have taken place, and the 7 day delays also apply. At no point does it specify what you can or cannot download, what apps you can or cannot use, so as far as I'm concerned use p2p as much as you like...

biggest problem is that some of us never SIGNED anything, i went in, bought my modem cash, fulled out bank details and login name... and that was that, i never had a "you will agree to these terms on the website" or even a "welcome to iburst, here are some guildline on some dos and donts" - oh well

 

[MrH]

I also never signed anything, all I did was order the connection over the phone with my banking details and the next day the modem was delivered to my door, the guy that delivered it just handed it to me without me signing anything at all.

 

[BigG]

ix.use the iBurst network in a manner that exceeds the then current bandwidth, data storage or other limitations on the iBurst Service; or puts an excessive burden on the limitations of the iBurst network; The poor people that actually use the network to conduct business need to taken into consideration too guys!!!

 

[BigG]

Try to remember that ADSL is on the Telkom DSLAM infrastructure with a shared ratio per port of 8, iBurst is a wireless network that has a base station capacity of up to 700 users that share the pipe out of the tower.

 

[Pilgrim]

Try to remember that ADSL is on the Telkom DSLAM infrastructure with a shared ratio per port of 8, iBurst is a wireless network that has a base station capacity of up to 700 users that share the pipe out of the tower.

I understand your view, but is it fair to cry fowl to the Power users when ibust is unable to give you good service?

 

[Ekhaatvensters]

biggest problem is that some of us never SIGNED anything, i went in, bought my modem cash, fulled out bank details and login name... and that was that, i never had a "you will agree to these terms on the website" or even a "welcome to iburst, here are some guildline on some dos and donts" - oh well

I did actually get something to sign, but it was before the 48 delivery, and through a reseller so I guess it was their contract.

But by signing up to iBurst you agree to their terms and conditions...

 

[DarkWater]

Well my torrents are now officially blocked...they don't even connect. Jeez this sucks...I would have understand if they limited the download speed on torrents, but blocking it completely is just really messed up.

 

[Ekhaatvensters]

Well my torrents are now officially blocked...they don't even connect. Jeez this sucks...I would have understand if they limited the download speed on torrents, but blocking it completely is just really messed up.

Are you capped? Mine still connect, it was pretty slow, but probably because I was capped.

 

[DarkWater]

Are you capped? Mine still connect, it was pretty slow, but probably because I was capped.

Nope

 

[JTech]

You guys have a lot to say about the excessive usage warning and torrent nuking

but

nothing at all about the fact that we can't send e-mail anymore via iBurst

 

[Ekhaatvensters]

I'm pretty sure I can... EDIT: Infact, I know can.

Only certain mail servers maybe?

 

[fishfly]

mine seems to work... but I'm not using hte smtp.iburst.co.za one tho...

 

[Dusk]

Ill be trying this towards end of the month. CT area , expect some new content for the hub. Not much but hopefully something someone will like.

 

[Ekhaatvensters]

The hub has very few CPT users. I'll check it out again at the end of this month, I haven't bothered for ages.

 

[Basjohn]

It only has few CPT users because 1 CPT user comes on, sees no others and leaves, another does the same a day later, and then another and another and eventually we have a very silly little cycle on our hands.

 

[DarkWater]

I'll promise to check it out near the end of the month

 

[milomak]

I did actually get something to sign, but it was before the 48 delivery, and through a reseller so I guess it was their contract.

But by signing up to iBurst you agree to their terms and conditions...

And depending on when that was, they had no clause which stated they could change those terms and conditions without your consent. If I vist the web archives at the time I signed on, that is certainly the case. And there is no contemplation of abuse of service.

EDIT: Obviously they have recently learnt to cover their tracks (4.10). But that is a recent development as I state.

 

[Ekhaatvensters]

And depending on when that was, they had no clause which stated they could change those terms and conditions without your consent. If I vist the web archives at the time I signed on, that is certainly the case. And there is no contemplation of abuse of service.

EDIT: Obviously they have recently learnt to cover their tracks (4.10). But that is a recent development as I state.

4.10 was added, but I'm sure there was always a notice that "these terms may be changed without prior notice". There's almost always one of those...

4.10 is actually not nearly as clear as this is: http://www.iburst.co.za/default.aspx?link=profile_legaldoc&blogs=2 The Acceptable Use Policy, I'm not sure when that was added though.

 

[Dusk]

Well , since you guys seem to miss each other, ill post here when i have used my cap and logon to the hub , or try to as im sure ill still need some help setting it up.

 

[Vrotappel]

Some bits from the AUP (not sure when it was added to the website):

iBurst reserves the right to revise, amend or modify this AUP from time to time without notice by posting a new version of this document on the iBurst Web site at http://www.iburst.co.za (or any successor URL(s)). All revised copies of the AUP are effective immediately upon posting and supersede previous versions.

So much for customer consent.

ii.post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;

No porn even if it is lawful.

viii.restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any iBurst (or iBurst supplier) host, server, backbone network, base station, node or service, or otherwise cause a performance degradation to any iBurst (or iBurst supplier) facilities used to deliver the Service;

ix.use the iBurst network in a manner that exceeds the then current bandwidth, data storage or other limitations on the iBurst Service; or puts an excessive burden on the limitations of the iBurst network;

So the user must manage the throttling, not iBurst.

x.connect multiple computers behind the user terminal to set up a LAN (Local Area Network) that in any manner would result in a violation of the terms of this AUP;

Not sure if this affects the hub.

Although iBurst has no obligation to monitor the Service and/or the network, iBurst and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content from time to time to operate the Service; to identify violations of this AUP; and/or to protect the network, the Service and iBurst users.

Checking what you are downloading!

iBurst prefers to advise customers of inappropriate behaviour and any necessary corrective action. However, if the Service is used in a way that iBurst or its suppliers, in their sole discretion, believe violate this AUP, iBurst or its suppliers may take any responsive actions they deem appropriate. These actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, recouping the user terminal device and the immediate suspension or termination of all or any portion of the Service.

Your account can be suspended terminated at any time if they don't like how you use the service or what you download.