Tiscali and the Fair Use Policy?

I was very suprised and somewhat disappointed to receive this email from
Tiscali, advising me that I am breaking the rules of the Fair Usage Policy
(FUP). Since the introduction of the FUP, I have taken every possible step
to ensure my bandwidth is at controlled sufficiently between tiscali's FUP
hours. I admit, I do use P2P, but have installed a special client that has
a bandwidth scheduler to make sure that bandwidth doesn't rise above 2k per
second (less than 1% of my total available bandwidth) on P2P connections at
their specified FUP times. So how can tiscali accuse me of breaking their
FUP, when I have never used anymore than 2k per second during their
specified FUP busy hours? This is the communication they sent me to advise
of my so called 'high useage'

>Dear Customer,

>This email contains important information regarding your broadband account.

>Your broadband Internet usage has been highlighted as exceptionally high
>during peak periods and is affecting the service that we provide to other
>customers.

>You may upload and download as you wish outside the peak hours;
>however we ask that you are considerate when using the internet
>during the peak period. Peak hours are from 6pm to 11pm on weekdays
>and 12pm until 4pm on weekends. To avoid any further heavy use warnings
>we strongly recommend you adhere to the following guidelines:

> o) Do not download large files during the peak periods

OK, so what do tiscali mean by a large file exactly?? 1meg, 100meg, 1Gig?
Are we supposed to guess the answer?

> o) Do not use Peer-to-Peer file sharing software during peak
periods (e.g. Kazaa, BitTorrent)

Why would they object to P2P file sharing, as long as the user controls the
bandwidth to a very sensible amount? (In my case 2k up, and 2k down,
scheduled, as I am not always around at the times when the fair use policy
comes into force, that's why I automatically schedule to control the
bandwidth at these times, to make sure I'm in line with the FUP.

> o) Try and keep internet use to email and web browsing during these times.

Does this mean I cannot make a VoIP call , or use FTP, Telnet, or even
listen to streaming radio stations etc between the hours of the FUP???...
If not I might as well not have a connection at all......

>If you do not reduce your usage during these peak times we will manage
>your usage during these periods. This means that you will share
>bandwidth with other heavy users during peak times instead of
>sharing bandwidth with normal users. Your service will continue
>to be unlimited, but by sharing bandwidth with other heavy users
>you are likely to experience slower speeds during peak times.

I really have made every effort to not break their FUP and I'm quite
disappointed that they have decided to pull me up for breaking the code,
when I really have made a major effort not to break it!.... So what do I do
now? Stop using the connection altogether or move ISP?, I am certainly
considering these options seriously.

I'm not always around when the FUP comes into force, so I took the decision
to ensure my bandwidth on P2P would be reduced to a very low level
automatically between the FUP hours, what more can I do than that? I assume
if I carry on as I have been doing, I will get a second warning within a
month?? I really don't know what to do now? If I can't use the services I
enjoy using, then I may as well just cancel my internet connection.....

I would appreciate your comments on this, as I never expected being
targetted by tiscali, when I feel I am doing right by reducing my bandwidth
to 2k up and down at the FUP peak times....

I always thought that fair useage policies were about reducing bandwidth use
at peak times, and not about telling the user which protocol they can or
cannot use at specified periods of the day or night (as long as they use
their bandwidth considerately, as I have been doing, I don't see why there
should be a problem).

Comments please... What do I do now?

A very disappointed Tiscali user

"Steve" <private-(E-Mail Removed)> wrote in message
news:(E-Mail Removed)...
>I was very suprised and somewhat disappointed to receive this email from

Next step - speak to Tiscali, then change ISP to one that will allow what
they claim to advertise in terms of usage. If they upset enough people and
fail to accept what normal usage is these days then they will go down the
drain.
I don't see why companies try and advertise unlimited use, but then say "oh
by the way it's limited" because of yet another clause imposing a limit.
They should tell the truth and say it is LIMITED, or limited unlimted use.
This sort of one-sided ever changing contract is covered by The Unfair
Contract Terms Act.

"Steve" <private-(E-Mail Removed)> wrote in message
news:(E-Mail Removed)...
>I was very suprised and somewhat disappointed to receive this email from
> Tiscali, advising me that I am breaking the rules of the Fair Usage Policy
> (FUP). Since the introduction of the FUP, I have taken every possible step
> to ensure my bandwidth is at controlled sufficiently between tiscali's FUP
> hours. I admit, I do use P2P, but have installed a special client that
> has
> a bandwidth scheduler to make sure that bandwidth doesn't rise above 2k
> per
> second (less than 1% of my total available bandwidth) on P2P connections
> at
> their specified FUP times. So how can tiscali accuse me of breaking their
> FUP, when I have never used anymore than 2k per second during their
> specified FUP busy hours? This is the communication they sent me to
> advise
> of my so called 'high useage'

Leave Tiscali for a proper ISP. I can recommend ZEN. They are not the
cheapest, but they have genuine NO LIMITS! and 1 month contracts.

**SS**

"Secret Squiddle" <(E-Mail Removed)> wrote in message
news:438d904f$0$23285$(E-Mail Removed)...
>
> "Steve" <private-(E-Mail Removed)> wrote in message
> news:(E-Mail Removed)...
> >I was very suprised and somewhat disappointed to receive this email from
> > Tiscali, advising me that I am breaking the rules of the Fair Usage
Policy
> > (FUP). Since the introduction of the FUP, I have taken every possible
step
> > to ensure my bandwidth is at controlled sufficiently between tiscali's
FUP
> > hours. I admit, I do use P2P, but have installed a special client that
> > has
> > a bandwidth scheduler to make sure that bandwidth doesn't rise above 2k
> > per
> > second (less than 1% of my total available bandwidth) on P2P connections
> > at
> > their specified FUP times. So how can tiscali accuse me of breaking
their
> > FUP, when I have never used anymore than 2k per second during their
> > specified FUP busy hours? This is the communication they sent me to
> > advise
> > of my so called 'high useage'
>
> Leave Tiscali for a proper ISP. I can recommend ZEN. They are not the
> cheapest, but they have genuine NO LIMITS! and 1 month contracts.

Agreed. but you obviously don't know how Tiscali play the game do you? It
has been known that they can take several months to remove their marker from
your line, leaving you with no chance of joining a new ISP for maybe a few
months.

Robert Bass wrote:
> "Secret Squiddle" <(E-Mail Removed)> wrote in message
> news:438d904f$0$23285$(E-Mail Removed)...
>>
>> "Steve" <private-(E-Mail Removed)> wrote in message
>> news:(E-Mail Removed)...
>>> I was very suprised and somewhat disappointed to receive this email
>>> from Tiscali, advising me that I am breaking the rules of the Fair
>>> Usage Policy (FUP). Since the introduction of the FUP, I have taken
>>> every possible step to ensure my bandwidth is at controlled
>>> sufficiently between tiscali's FUP hours. I admit, I do use P2P,
>>> but have installed a special client that has
>>> a bandwidth scheduler to make sure that bandwidth doesn't rise
>>> above 2k per
>>> second (less than 1% of my total available bandwidth) on P2P
>>> connections at
>>> their specified FUP times. So how can tiscali accuse me of
>>> breaking their FUP, when I have never used anymore than 2k per
>>> second during their specified FUP busy hours? This is the
>>> communication they sent me to advise
>>> of my so called 'high useage'
>>
>> Leave Tiscali for a proper ISP. I can recommend ZEN. They are not the
>> cheapest, but they have genuine NO LIMITS! and 1 month contracts.
>
> Agreed. but you obviously don't know how Tiscali play the game do
> you? It has been known that they can take several months to remove
> their marker from your line, leaving you with no chance of joining a
> new ISP for maybe a few months.

But MAC DS to IS has been put in place so it should be possible to
migrate, so you won't have to cease the Tiscali service before signing
up elsewhere

"Kraftee" <(E-Mail Removed) please we're bristish.com> wrote
in message news:438de4bd$0$1467$(E-Mail Removed)...
> >
> > Agreed. but you obviously don't know how Tiscali play the game do
> > you? It has been known that they can take several months to remove
> > their marker from your line, leaving you with no chance of joining a
> > new ISP for maybe a few months.
>
> But MAC DS to IS has been put in place so it should be possible to
> migrate, so you won't have to cease the Tiscali service before signing
> up elsewhere
>

Since when? If that is correct then Tiscali have changed their spots.

A while back they didn't offer migration at all.

Are you saying this has changed? I would be very interested to know how this
stands these days.

I was under the impression that Tiscali didn't offer or provide any MAC
information for people to migrate and I also have read here in the past that
they refused to give several customers any help in migrating to another ISP.
Has this all changed then?

Rob

"Robert Bass" <(E-Mail Removed)> wrote in message
news:(E-Mail Removed)...
>
> "Kraftee" <(E-Mail Removed) please we're bristish.com>
> wrote
> in message news:438de4bd$0$1467$(E-Mail Removed)...
>> >
>> > Agreed. but you obviously don't know how Tiscali play the game do
>> > you? It has been known that they can take several months to remove
>> > their marker from your line, leaving you with no chance of joining
>> > a
>> > new ISP for maybe a few months.
>>
>> But MAC DS to IS has been put in place so it should be possible to
>> migrate, so you won't have to cease the Tiscali service before
>> signing
>> up elsewhere
>>
>
> Since when? If that is correct then Tiscali have changed their spots.
>
> A while back they didn't offer migration at all.
>
> Are you saying this has changed? I would be very interested to know
> how this
> stands these days.
>
> I was under the impression that Tiscali didn't offer or provide any
> MAC
> information for people to migrate and I also have read here in the
> past that
> they refused to give several customers any help in migrating to
> another ISP.
> Has this all changed then?
>

It has been trialed & rolled out by BT. Now whether Tiscalli have
decided to go onboard with it is another matter..

"Steve" <private-(E-Mail Removed)> wrote in message
news:(E-Mail Removed)...
>I was very suprised and somewhat disappointed to receive this email from
> Tiscali, advising me that I am breaking the rules of the Fair Usage Policy
> (FUP). Since the introduction of the FUP, I have taken every possible step
> to ensure my bandwidth is at controlled sufficiently between tiscali's FUP
> hours. I admit, I do use P2P, but have installed a special client that
> has
> a bandwidth scheduler to make sure that bandwidth doesn't rise above 2k
> per
> second (less than 1% of my total available bandwidth) on P2P connections
> at
> their specified FUP times. So how can tiscali accuse me of breaking their
> FUP, when I have never used anymore than 2k per second during their
> specified FUP busy hours? This is the communication they sent me to
> advise
> of my so called 'high useage'
>
>>Dear Customer,
>
>>This email contains important information regarding your broadband
>>account.
>
>>Your broadband Internet usage has been highlighted as exceptionally high
>>during peak periods and is affecting the service that we provide to other
>>customers.
>
>>You may upload and download as you wish outside the peak hours;
>>however we ask that you are considerate when using the internet
>>during the peak period. Peak hours are from 6pm to 11pm on weekdays
>>and 12pm until 4pm on weekends. To avoid any further heavy use warnings
>>we strongly recommend you adhere to the following guidelines:
>
>> o) Do not download large files during the peak periods
>
> OK, so what do tiscali mean by a large file exactly?? 1meg, 100meg,
> 1Gig?
> Are we supposed to guess the answer?
>
>> o) Do not use Peer-to-Peer file sharing software during peak
> periods (e.g. Kazaa, BitTorrent)
>
> Why would they object to P2P file sharing, as long as the user controls
> the
> bandwidth to a very sensible amount? (In my case 2k up, and 2k down,
> scheduled, as I am not always around at the times when the fair use policy
> comes into force, that's why I automatically schedule to control the
> bandwidth at these times, to make sure I'm in line with the FUP.
>
>> o) Try and keep internet use to email and web browsing during these
>> times.
>
> Does this mean I cannot make a VoIP call , or use FTP, Telnet, or even
> listen to streaming radio stations etc between the hours of the FUP???...
> If not I might as well not have a connection at all......
>
>>If you do not reduce your usage during these peak times we will manage
>>your usage during these periods. This means that you will share
>>bandwidth with other heavy users during peak times instead of
>>sharing bandwidth with normal users. Your service will continue
>>to be unlimited, but by sharing bandwidth with other heavy users
>>you are likely to experience slower speeds during peak times.
>
> I really have made every effort to not break their FUP and I'm quite
> disappointed that they have decided to pull me up for breaking the code,
> when I really have made a major effort not to break it!.... So what do I
> do
> now? Stop using the connection altogether or move ISP?, I am certainly
> considering these options seriously.
>
> I'm not always around when the FUP comes into force, so I took the
> decision
> to ensure my bandwidth on P2P would be reduced to a very low level
> automatically between the FUP hours, what more can I do than that? I
> assume
> if I carry on as I have been doing, I will get a second warning within a
> month?? I really don't know what to do now? If I can't use the services
> I
> enjoy using, then I may as well just cancel my internet connection.....
>
> I would appreciate your comments on this, as I never expected being
> targetted by tiscali, when I feel I am doing right by reducing my
> bandwidth
> to 2k up and down at the FUP peak times....
>
> I always thought that fair useage policies were about reducing bandwidth
> use
> at peak times, and not about telling the user which protocol they can or
> cannot use at specified periods of the day or night (as long as they use
> their bandwidth considerately, as I have been doing, I don't see why there
> should be a problem).
>
> Comments please... What do I do now?
>
> A very disappointed Tiscali user
>

How much a month are you up/downloading, do you think (or know if you use
netmeter or similar)?

Texy

"Texy" <(E-Mail Removed)> wrote in message
news:438f671d$(E-Mail Removed)...
>

> >
>
> How much a month are you up/downloading, do you think (or know if you use
> netmeter or similar)?
>
> Texy
>

20GB