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View Full Version : What is Residential Use?


MovedGoalPosts
16-10-2003, 12:19
Ntl are quite clear in their terms and conditions that many of their phone and internet services are for residential use only. In these days of technology allowing and encouraging increasing mobility and homeworking, is it reasonable for ntl to imply that residential use excludes homeworkers, or are ntl even more restrictive than that?

We know that VPN internet connections are outlawed (at least that is the strict interpretation of the AUP, even if Bill Goodland some time ago said that wasn't quite the intention, it just wasn't supported, but as ntl can tell you to stop it, it seems banned). The majority of those who would use VPN are probably homeworkers connecting to their office servers. Now we see the blocking of port 135 to deal with a virus, on the face of it a legitimate idea, apart from affecting anyone who might use Exchange server software (mostly business users within office based LANs I admit, but you get the point).

I'm not trying to get a debate on whether these specific technologies should or should not be permitted. I'm sure other threads are capable of that.

Where does the residential use line get drawn? I have a day off work. Can I then use my residential internet to send an email to the office, or can I even make and recieve an urgent phone call to a client. Strictly speaking that is a business use, so I would have breached my residential contract. I am at home in the evening. I want to send a report in so ready for next day, can I do it? Can I even browse the internet, looking up matters for some research into a training course I would like to be sent on? I receive emails sent to me by my professional institution inviting me to check their website. That has to do with my work, so is that wrong? Ultimately if you even phone in sick, that is being done in connection with your work, so it could be wrong.

I'm sure that I have even seen adverts or promotionals in the past from ntl promoting Broadband for homeworkers, so are homeworkers acceptable if you work for somebody else, but not if you operate your own business from home?

Or am I just being paranoid?

Tiptoes
16-10-2003, 12:40
Ntl are quite clear in their terms and conditions that many of their phone and internet services are for residential use only. In these days of technology allowing and encouraging increasing mobility and homeworking, is it reasonable for ntl to imply that residential use excludes homeworkers, or are ntl even more restrictive than that?

We know that VPN internet connections are outlawed (at least that is the strict interpretation of the AUP, even if Bill Goodland some time ago said that wasn't quite the intention, it just wasn't supported, but as ntl can tell you to stop it, it seems banned). The majority of those who would use VPN are probably homeworkers connecting to their office servers. Now we see the blocking of port 135 to deal with a virus, on the face of it a legitimate idea, apart from affecting anyone who might use Exchange server software (mostly business users within office based LANs I admit, but you get the point).



What if you at home and you just want to connect to your work Exchange server to get your email?

Bocking 135 it cant be done now, VPN provided a through route for that had it not been against the AUP.

Could you imagine your company being sued ?

The legalitaties of this have obviously not been thought through.

Mike Harrison
16-10-2003, 20:41
When I read the small print, it seemed very vague, my interpretation was that it meant "it's for home users, we accept no liability for loss of business if you use it for anything else". i.e. it's a consumer product and we only offer a consumer quality service (some hope!).
Here's what it says :
"The Services and the Equipment are only provided under this Agreement for residential customers and for residential use only. The Services or any part of them cannot be sold for money or monies worth. We have no liability, whether due to our negligence or otherwise, for any losses incurred by any business, trade or profession carried on by you or any other person using the Services or the Equipment."

I see nothing here to prohibit any business uses short of reselling bandwidth/access.
As far as The Oxford Dictionary is concerned, 'Redidential' just means pertaining to a place of residence. If I run a business from home, this is residential.
Furthermore I would interpret the last sentence above about liability as an implication that business use was allowed, as if it wasn't, why would they need to disclaim liability for any losses?

I'm sure a large proportion of users use it for business to some extent, whether it's accessing work emails from home, hosting their website or running a business with Ebay. If NTL canned all these users they'd be even further up $#!t creek than they are at the moment, so I suspect that they would only do anything if you were actively causing problems - excessive usage etc.

I certainly never clicked 'I agree' to anything that explicitly prohibited business use when I signed up for BB, and would have no hesitation in taking them to Trading Standards for selling under false pretences if they made a fuss.

My guess is they have made it deliberately vague, to encourage users to sign up while allowing them to drop anyone taking liberties.

Ramrod
16-10-2003, 21:15
They are just covering their asses in case anyone loses any money because their service is occasionally cr*p. They can just then say that we shouldn't have relied on their services for business as they are not for business use.
(imo)....I don't think it's anything sinister.