Clarification on "Acceptable Use Policy" please?

[love2learn]

Hi,

About 5 months back I got a Detrimental Use letter from Virgin Media. I had downloaded about 200GB - 300GB in one month and hit the traffic management many times. I've calmed the usage down now as it was a one off. The letter advised me to limit my usage during peak times, which is understandable. And I have been trying to do so. But soon I might need to use the connection more heavily for about another month.

Now in case my usage may be high in the future, I'm looking at ways to limit my usage at peak times as I want to comply with the AUP. I can limit my Usenet client during these times down to percentages of speed that won't hit the traffic management during peak times, that’s not a problem, but I want to be sure this will be enough. As I plan on maxing the connection out on times not affected by traffic management.

My questions are,
(1) What "EXACTLY"... triggers’s this letter to go out?
(2) Is it due to triggering traffic management a certain amount of times each month?
(3) Or is due to going over a certain amount of GB’s each month?
I'm assuming it's due to hitting the management policy a certain amount of times each month, which would make sense and would be perfectly acceptable.
But if it's for going over a certain amount of usage each month, then can this service really be advertised as unlimited legally?
I welcome any views from “Genuinely” knowledgeable members on this subject… but I feel this could be best answered by a Virgin Media member of staff.

Thanks ;-)

[qasdfdsaq]

1) There is no exact trigger. VM have stated themselves there is no fixed threshold.
2) It is not due to triggering traffic management, though high use has a tendancy to trigger both
3) It is due to a certain amount of GBs - VM's own guidance is approximately 350GB/month at peak times "on average" will trigger a letter but this varies by area. Presumably it varies by tier as well.

[jb66]

Just download as much as you want, its just a letter asking you to download less, if you ignore it as far as i know nothing happens

[qasdfdsaq]

I'd be careful about that. While they usually take no action, they have the right to disconnect you if they want:

2.2. Notwithstanding our right to restrict, suspend or terminate the Services, if you breach this AUP and/or our Terms and Conditions you may receive a formal warning from us specifying the unacceptable conduct and notifying you that repeated breaches may result in the Services (or any part of Services) being temporarily or permanently withdrawn from you.

In practice if it's just going over once or twice even by a large amount they usually won't care. Hitting 10TB/month for 6 months straight though, and they might disconnect you.

[love2learn]

1) There is no exact trigger. VM have stated themselves there is no fixed threshold.
2) It is not due to triggering traffic management, though high use has a tendancy to trigger both
3) It is due to a certain amount of GBs - VM's own guidance is approximately 350GB/month at peak times "on average" will trigger a letter but this varies by area. Presumably it varies by tier as well.

Thanks for the replies guys. With regards to VM's own guidance... can you tell me which source this is from?

Thanks again.

[qasdfdsaq]

http://community.virginmedia.com/t5/Up-to-50Mb-broadband/Detrimental-Usage-Policy-Discussion-Thread/td-p/247501/

[love2learn]

http://community.virginmedia.com/t5/Up-to-50Mb-broadband/Detrimental-Usage-Policy-Discussion-Thread/td-p/247501/

Thanks for the link. At least it goes some way to explain it. But they shouldn't be advertising the service as unlimited. As traffic shaping is limiting the service to its full potential. They also threaten to disconnect the service if the user doesn't reduce the amount they are downloading which is also a limitation. So their offered broadband product is definitely not unlimited. I will however move my downloading like they ask until another fibre competitor is eventually available in my area. Then I'll move to them if they have better terms. Right now, BT has an unofficial limit which is worse than Virgin Media's. I would imagine once BT is forced to open their FTTC to other competitors there will be a provider who will offer unlimited service... that provider will certainly get my business anyway. Thanks again

[Chrysalis]

there is a risk ignoring the letter but I have yet to know of anyone been kicked of VM for this reason. VM are absolutely loathed to lose customers for any reason other than maybe non payment.