Plusnet Liability

Ok seeing as there are many threads here and very long ones at that I decided to post here !

Having not been on here for a while I suddenly got an e-mail from Plusnet stating there incompetance yet again and furthermore giving out my details yet again.

I was one of the ones last Year who got sent an e-mail containing 28 thousand not 20 as was stated as I got these counted using software - and out of 28 thousand e-mails which I had 3 of mine in the list.

Now I am told they have had a server breach AGAIN and my details have been given out AGAIN even though I have been left from Plusnet for 18 months,

Now I don't give a rats bottom what excuses Plusnet state they are liable to keep their servers secure and updated, I host and sell websites and have my servers audited monthly and update them myself weekly for security holes and updates.

It is time Plusnet had legal action taken against them for their blunders time and time again - if they have infected customers computers with trojans or whatever then Plusnet should pay the price to have these PC's audited and repaired where needed.

I have my own PC's fully protected but many prob don't however it is not their fault if Plusnet through their incompetance and neglect have caused PC problems for customers and even ex-customers.

I still have all the details etc from last time and will add this to the list.

The sooner they stop these cowboys the better.

I think the question to ask is why they stil hold your email address. Do you still use them for email? Do you have a free dial-up account? If neither, you should ask the ICO to investigate whether the retention of your email in their system 18 months after having left is a breach.

Then read the get out clauses in the T & C's

21. Matters beyond our reasonable control

If we cannot do what we have promised in this Contract because of something beyond our reasonable control (including, without limitation, industrial disputes involving our employees), we will not be liable for this.

22. Our liability to you

22.2 We have no liability (whether in negligence or otherwise) for any loss not reasonably foreseeable by us when this Contract starts, nor any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure, data being lost or corrupted, loss or damage incurred by you as a result of third party claims or any indirect, special or consequential loss or damage howsoever caused.

One point.

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furthermore giving out my details yet again

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details have been given out AGAIN

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From what I've been reading, Plusnet haven't given out any details. The details were obtained illegally. Now while one can't condone breaches in security, I've amazed that no one has even bothered to have a go at the perps of this crime. A bit like blaming the bank for an armed robbery.

I'll reserve judgement on the whole thing until the truth comes to light. If what Plusnet say is true, then eventually other parties will substantiate their statements. If not, then we all know the score.

Originally I was on free-online and was a moderator on free-online and f9 so was given free accounts on the other two sites f9 / plusnet to use / read those forums.

When I left they auto downgraded the accounts to the free dialup ones but I never used their e-mail all I ever got was the newsletter spins which I always bounced back anyway.

I used to log into their forums to read what was going on but havent for a long time.

There is more to this than they are letting on,

Two things, They might want to exclude liability for negligence but it is wishful thinking on their part and whether this loss was foreseeable remains to be seen. Secondly, the DPA regs about retention and security of said data can't (and hasn't been) circumvented by their Ts&Cs.

When I left they converted my account to a pay as you go dialup account. Does anyone know if it's possible to get Plusnet to completely remove it? I just logged into the portal and all my personal details are still there.

Yes, I did it last year. I hope they didn't just disallow me access to their portal but instead deleted the information altogether as I requested. I might be writing to PN to get a copy of my file to verify this fact.

But don't forget a T&C's of any company does not circumvent anything that they are legally responsible for.

I'm not saying the PN is legally responsible for this issue, but if they are, anything in their T&Cs won't get them out of it.

Given the fact that your website is still on their server and you can still update it, it doesn't look promising!