There was... ...no 'fair user policy'
To be exact, ADSL24's T&Cs did include the following equivalent of a FUP, which they titled the Acceptable Usage Policy.
"If it's felt that any customer's activities are so excessive that other members are detrimentally affected, ADSL24 may give the customer generating the excessive web traffic a written warning (by email or otherwise). In extreme circumstances, should the levels of activity not immediately decrease after the warning, ADSL24 may terminate that customer's services."
ADSL24 would warn the user, and then - maybe
- discontinue the service. Whether anyone was ever warned or expelled I have no idea. I can't recall the subject arising here.
With Coms, the service is whatever they say it is. Their T&C's, both now and before users were switched to their system, reads:
"Periodically, changes in these terms may be required to comply with regulatory or business requirements. Such changes will be published on the company website www.coms.com,
In short, use of the service constitutes acceptance of any terms and level of service current or future.
There is no doubt that ADSL24's services were sold on the basis of "No traffic shaping". This statement was repeated in multiple locations on the website and appeared in the HTML title element of the Home page, indicating that it was considered a key search phrase.
For Coms to tell ADSL24 customers that there would be no changes and then to modify the service to the extent that it no longer fulfills its primary selling point suggests that they have chosen to fit the customer to the service, rather than supply the service the customers expect and widely regard as having been promised.
Perhaps Coms would like to explain why so many users they regard as "excessive users" were not warned and/or their service discontinued when they were operating as ADSL24?
Did Coms/ADSL24 warn or discontinue the service of any users at all?
Did they really become aware of such users and institute global service changes only after a change of Terms was applied?
ADSL24/Coms Complete DSL 100 [TalkTalk LLU]
Edited by Molehusband (Sun 13-Apr-14 02:32:46)