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Usenet already throttled but on-peak quota not reached

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Usenet already throttled but on-peak quota not reached

Used 16GB out of the enforced 20GB allowance (out of that gold, silver, shifting fopa, supa whatchiacallit ellacuyating thing) this month but usenet connection to your own server and already crawls at 1.8Kbps. What gives gentlemen?
9 REPLIES
___oDiN__
Grafter
Posts: 454
Registered: 17-08-2007

Usenet already throttled but on-peak quota not reached

20 gb included ALL ftp/usenet/p2p traffic during the PEAK !!! hours of 8am through to 12am,,,,,

so if you have used any other download medium your probably onto 512 untill you hit 25 gb then its down to speeds of around 30k.....
assuming your on the "Premier" i know sad name for it now package
jagger
Grafter
Posts: 411
Registered: 25-06-2007

Usenet already throttled but on-peak quota not reached

Yeah,

this total includes all uploads too,not just downloads,so you are probably over 20gig.
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Usenet already throttled but on-peak quota not reached

That's the thing - my total on-peak usage as listed on in "My Account" is just over 16.45GB atm, in reality it's actually slightly lower, as my monthly stats on routing box are just over 11Gb, never the less - both figures should allow me to still use it full speed. And yet I'm already on full throttle, not 512, not 256, but 16k modem:


Btw, my account states I'm still on ADSL Home Self-Install, not Premiere, I signed no new contract nor were any changed negotiated with me, so technically, I shouldn't be ellacuyated on, as my contract still says unlimited.
___oDiN__
Grafter
Posts: 454
Registered: 17-08-2007

Usenet already throttled but on-peak quota not reached

oh the peak time usage monitor doesnt display all the peak time.... :shock:
just the peak peak time of 4pm to 12am not the other peak time of 8am to 4pm...

err erm ehhh i think i got that right
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Usenet already throttled but on-peak quota not reached

Nice, usage graphs that don't match the usage and don't include all data, so you can neither schedule your usage nor prove you were throttled too early...
I'm with plus.net only until 9th/10th of this month. Thought I had my usage well planned not to cause any aggrevation. Seems they play dirty.

I think might as well do the same. What ellacoyas don't see will break their heart as some say....

[vander]$: scp ftp.mirrors.ac.uk:/pub /dev/null

:lol:
JonathanW
Grafter
Posts: 2,648
Registered: 02-10-2007

Usenet already throttled but on-peak quota not reached

Hi,

With regards to the VMBU, this is something that we're working to get updated as swiftly as possible, and should hopefully be available soon.

As for your account, Vander, the Home Self Install became the Premier account late in 2004, and then in August of this year we changed the Terms and Conditions for all accounts, including yours.
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Usenet already throttled but on-peak quota not reached

Quote
As for your account, Vander, the Home Self Install became the Premier account late in 2004, and then in August of this year we changed the Terms and Conditions for all accounts, including yours.


You've changed them many times since I joined. But that doesn't make them binding. Unfair Terms in Consumer Contracts Regulations 1999 regulates that:

5. - (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

(3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.

(4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.


Please show me how the changes you made were individually negotiated with me. They weren't. You just send a message, which neither of us have obligation to read, stating that you have changed the contract. That's not good enough. What then is the legal status? The following:

8. - (1) An unfair term in a contract concluded with a consumer by a seller or supplier shall not be binding on the consumer.

(2) The contract shall continue to bind the parties if it is capable of continuing in existence without the unfair term


You are actually obligated by law to provide all of us with service you agreed to when we signed up with you to the rest of our stay in your circus. What you do to new customers is separate story, but our contracts are still binding.
And if you miscalculated your abilities or the money we pay is not good enough for you any more then oh well.. tough. Agreement is agreement.

Legal fact is - I'm still on Home Surf self install with unblocked ports, unlimited usage and no caps. And you are obstracting my net fellas.
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Usenet already throttled but on-peak quota not reached

Usenet speed doesn't seem to bounce back after midnight. Still can't browse headers. Was on peak shifted again?
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Usenet already throttled but on-peak quota not reached

Nice bit of research there vander Smiley

I've also been caught up with the dodgy usage meter rubbish. This lot really are unbelievable, FUP/SUP/Caps/whatever I can understand. It's the implementation that has been a f***ing train wreck...come on, an ISP that can't even provide an accurate usage meter?? :shock: