[kictanet] Fwd: Link utilization

[Nelson Kwaje]

My problem with the ISP's FUP is not “Ignorance of the law”.

My issue with them is the lack of clarity in their policy, a document which
they have not sent to me until now, I only managed find it after someone
shared it in this forum.
My second problem is the issue of consent. I don’t have any document which
states that I have given my explicit or implicit consent to this policy.

I only knew of it after making several calls to the ISP to ask why my
internet went down for several hours.


Regards
Nelson Kwaje
Team Lead, Tech and Innovation Unit
WEB4ALL LTD
www.web4all.co.ke
Tel : +254711250795  Skype : nelson kwaje  Twitter : @nelsonkwaje
Building ICT Solutions That Matter



On Tue, Oct 2, 2018 at 2:25 PM Odhiambo Washington <odhiambo at gmail.com>
wrote:

> Nelson,
>
> All ISPs have FUPs in their clauses. And you are right - no one reads
> between the lines before signing.
> The fact that you did not read them doesn't mean they never existed and as
> such the ISP will be "right" in their action.
> Ignorance of law is not a defence, they say? So is ignorance of the FUPs :)
>
> On Mon, 1 Oct 2018 at 21:33, Nelson Kwaje via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
>>
>> Hey folks,
>>
>> Please see the below exchange between me and my ISP. They did not get
>> back to me after my reply and the internet was not interred  with since
>> then . Is it legal for ISPs to cut service based on such justifications.
>>
>> Cheere
>> Nelson
>>
>>
>> Dear Mike
>> Please send me a copy of the "fair use  policy", I hope it contains a
>> clear definition of the intendned purposes.
>> Because I don't recall signing or consenting to  such an agreement.
>> Regards
>> Nelson
>>
>> On Mon, 17 Sep 2018, 16:27 Mike
>>
>>> Hello
>>>
>>> We note that the link is being over utilized hence the course for slow
>>> speeds. Something to note is that our various products are governed by a
>>> fair usage policy that is supposed to ensure that a product is used for its
>>> intended purpose.
>>>
>>> From your today’s usage, we note that you are exhausting the FUP limit
>>> for the subscribed product: Faiba home 50 Mbps.
>>> The system is designed to limit your speed for the remainder of the peak
>>> hours once this threshold is reached. Kindly consider:
>>>
>>> i. Upgrading to a higher subscription
>>> ii. Managing your usage to be within the dimensions of the product.
>>>
>>> Kindly see the attached is your average utilization graph and the most
>>> active protocols showing your usage for the day.
>>>
>>>
>>>
>>> *Regards,*
>>>
>>> *Mike*
>>>
>>>
>>>
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>
>
> --
> Best regards,
> Odhiambo WASHINGTON,
> Nairobi,KE
> +254 7 3200 0004/+254 7 2274 3223
> "Oh, the cruft."
>
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