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MikeStammer
No prison can hold me
Premium
join:2002-12-26
South Jordan, UT

reply to Kip patterson

Re: Comcast Bandwidth Exceeded Notice!!!

said by Kip patterson:
That's over 1600 gigabits per month.

And you think that should be acceptable?
Yea, it should be unlimited. If i want to download all day and all night i should be able to. They sold it as unlimited and thats what it should be.

Is DSL available in your area? Show them how much you cut down on your usage via Comcast and switch!
--
Mike Stammer



Use NewsPro? Need better download management? Click here

[text was edited by author 2003-08-14 14:54:42]


hqh510

join:2001-03-24
Manassas, VA

Yes, DSL is available in my area, but I won't get the awesome speed as I'm getting from Comcast. Plus, it costs a lot for DSL. A bit more for a Comcast speed equivalent Internet line if it was offered.

said by MikeStammer:

Is DSL available in your area? Show them how much you cut down on your usage via Comcast and switch!

--
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HQH
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My website/BEFSR41 Setup Guide:»www.geocities.com/~hqh51/

Kip patterson
Premium
join:2000-10-23
Columbus, OH

reply to MikeStammer
No, they did not sell it as "unlimited". The AUP spells out that there is a limit. It would be nice if they stated what it was, but they didn't.

Sorry, but I do not see how you can think that the amount you downloaded was reasonable. Comcast pays for their bandwidth, and 1,600 gigabits costs a lot more than what you paid for your service. You were also continually consuming 1/42 of the downstream you are on.



JTRockville
Data Ho
Premium,MVM
join:2002-01-28
Rockville, MD


It Says Unlimited
said by Kip patterson:
No, they did not sell it as "unlimited".
Oh Really?
Internet Products


Nerdtalker
Working Hard, Or Hardly Working?
Premium,MVM
join:2003-02-18
Tucson, AZ

If they sold it to you specifically as unlimited then I think you may be able to take up legal action if this is something you want to invest money in. Frankly I think this is a bunch of BS. Downstream saturation should be ok, it's upstream that I have a problem with.


Kip patterson
Premium
join:2000-10-23
Columbus, OH

reply to JTRockville
Yes, and that page refers you to the FAQ's and the AUP. This same issue came up with Road Runner. You cannot take a general statement and decide on your own what it means - the service is defined by the AUP, not the ad. Unless and until the ad reaches the point where it is overly deceptive you cannot point to it and ignore the contract. The term is "salesman's puffery". Yes, it is allowed.

My choice of words could have been better. There are sure ways in which the service can be regarded as unlimited. I remember paying something like $6 per hour for each hour over 15 per month. In that sense, cable is certainly unlimited.



hqh510

join:2001-03-24
Manassas, VA

reply to JTRockville
Thanks JTRockville, was about to say, Comcast did advertise for unlimited usage. So I'm within legal rights to dispute with them if they were ever to close my account.

said by JTRockville:
said by Kip patterson:
No, they did not sell it as "unlimited".
Oh Really?
Internet Products
--
===
HQH
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My website/BEFSR41 Setup Guide:»www.geocities.com/~hqh51/


hqh510

join:2001-03-24
Manassas, VA

reply to Nerdtalker
I would, but this is just a warning notice, so there's no need for legal action. But if they were going to close the account, I would raise hell like they never seen hell before.

said by Nerdtalker:
If they sold it to you specifically as unlimited then I think you may be able to take up legal action if this is something you want to invest money in. Frankly I think this is a bunch of BS. Downstream saturation should be ok, it's upstream that I have a problem with.
--
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HQH
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My website/BEFSR41 Setup Guide:»www.geocities.com/~hqh51/


hqh510

join:2001-03-24
Manassas, VA

reply to Kip patterson
One phrase for you: Can you say false advertisement?

said by Kip patterson:
Yes, and that page refers you to the FAQ's and the AUP. This same issue came up with Road Runner. You cannot take a general statement and decide on your own what it means - the service is defined by the AUP, not the ad. Unless and until the ad reaches the point where it is overly deceptive you cannot point to it and ignore the contract. The term is "salesman's puffery". Yes, it is allowed.

My choice of words could have been better. There are sure ways in which the service can be regarded as unlimited. I remember paying something like $6 per hour for each hour over 15 per month. In that sense, cable is certainly unlimited.
--
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HQH
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My website/BEFSR41 Setup Guide:»www.geocities.com/~hqh51/

JonIrenicas

join:2002-06-22

reply to hqh510

said by hqh510:
I would, but this is just a warning notice, so there's no need for legal action. But if they were going to close the account, I would raise hell like they never seen hell before.

Go ahead and waste more bandwidth for another month like that and then sue them if they terminate your account, i'd be curious to see how fast your suit gets thrown out of court. ISP's don't need to have a reason for terminating an account, in this case they do have a good reason for you are wasting enourmous amounts of bandwidth, if you are going to use that amount of bandwidth like a business would then get a business account. I would bet you take up more then 20% of the bandwidth on your entire node. Streaming 5 stations at once 24/7 that has got to be the most asinine thing i have ever heard.


hqh510

join:2001-03-24
Manassas, VA

I believe there was an earlier made by ChuckChaplin saying that there's an average 30Mbps download port. Okay, according to my math once again, if I were to stream those 5 radio channels at 128Kbps each = 640Kbps (80KBps), then I'm only sucking up a WHOPPING 2% out of the whole node!!!!! Here's the math: 640 Kbps / 30000 Kbps ~ 2%. Now I don't know how you got your extra zero in there to make it 20%, but please do your homework. You're making me look too guilty here. Hehehehehehe.

Now, if there's another reason where you got the 20% inflated rate, I'd like to know. All I know is according to my math, I'm only sucking up 2% of the alloted bandwidth. Surely, I don't think I'm hogging that much am I? There's the other 98% free bandwidth for other people to use. I'm pretty sure that nobody in my area is complaining that the network is slow just because at the end of the month, I would accrue 200GB worth of data over time on my computer.

said by JonIrenicas:
said by hqh510:
I would, but this is just a warning notice, so there's no need for legal action. But if they were going to close the account, I would raise hell like they never seen hell before.

Go ahead and waste more bandwidth for another month like that and then sue them if they terminate your account, i'd be curious to see how fast your suit gets thrown out of court. ISP's don't need to have a reason for terminating an account, in this case they do have a good reason for you are wasting enourmous amounts of bandwidth, if you are going to use that amount of bandwidth like a business would then get a business account. I would bet you take up more then 20% of the bandwidth on your entire node. Streaming 5 stations at once 24/7 that has got to be the most asinine thing i have ever heard.
--
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HQH
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My website/BEFSR41 Setup Guide:»www.geocities.com/~hqh51/

JonIrenicas

join:2002-06-22

said by hqh510:
I believe there was an earlier made by ChuckChaplin saying that there's an average 30Mbps download port. Okay, according to my math once again, if I were to stream those 5 radio channels at 128Kbps each = 640Kbps (80KBps), then I'm only sucking up a WHOPPING 2% out of the whole node!!!!! Here's the math: 640 Kbps / 30000 Kbps ~ 2%. Now I don't know how you got your extra zero in there to make it 20%, but please do your homework. You're making me look too guilty here. Hehehehehehe.

Dude i'm not talking about the total bandwidth the system is capable of but the total amount of bandwidth in that month that all users on your node used I bet you are 20% of that.

I doubt you are making anyone elses downloads slower, you might if your node is overloaded but that's comcast's fault not yours. But bandwidth still costs them money, you are assumed since you are on a consumer account that you aren't going to use as much bandwidth as businesses do.


hqh510

join:2001-03-24
Manassas, VA

Now that 20% would make sense. I wouldn't argue about that at all.

said by JonIrenicas:
Dude i'm not talking about the total bandwidth the system is capable of but the total amount of bandwidth in that month that all users on your node used I bet you are 20% of that.

I doubt you are making anyone elses downloads slower, you might if your node is overloaded but that's comcast's fault not yours. But bandwidth still costs them money, you are assumed since you are on a consumer account that you aren't going to use as much bandwidth as businesses do.
--
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HQH
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My website/BEFSR41 Setup Guide:»www.geocities.com/~hqh51/

Kip patterson
Premium
join:2000-10-23
Columbus, OH

reply to hqh510
No, it is not false advertising.

The ad, read in its entirety, which includes the AUP, makes it clear that there are limits.

Folks here want to seize on the term "unlimited" and apply it to the amount of bandwidth.

Why not say that unlimited means I can do anything I want with my connection - run an ISP, send out child pornography, spam, propagate viruses, etc.

You're not going to get anybody or any agency to go along with your usage of the word. Yes, Comcast misused it. You are misusing it as well. This is not an exercise in proper english usage. False advertising happens when a company deliberately with intent to defraud makes an untrue statement. Ads are not an offer to sell, and the language in an ad just is not enforceable under most circumstances.



jlittle1454

join:2002-05-08
Bluefield, WV

reply to MikeStammer
You dont want DSL in this Area. Frontier Boosted all DSL customers to 1Mbps to compete with comcast and Frontier doesnt have enough bandwidth to do it! Much less a reliable network.


bobmccoy

join:2001-01-05
Sammamish, WA

reply to JTRockville
I dunno, it appears to me that Comcast is well within their contractual rights. I remember discussing some of the terms on the contract before signing up.

Cable is a shared pipe. As noted by others, I wouldn't want to be on this user's node. Anyhow, a few quotes from the legal stuff, but first, the advertising:

»www.comcastonline.com/code/whatisit.asp

Near the bottom it states "Additional fees may apply"

Under acceptable use policy:

Network, Bandwidth, Data Storage and Other Limitations
You must comply with all current bandwidth, data storage, and other limitations on the Service established by Comcast and its suppliers. ...

You must ensure that your activity (including, but not limited to, use made by you or others of any Personal Web Features) does not improperly restrict, inhibit, or degrade any other user's use of the Service, nor represent (in the sole judgment of Comcast) an unusually large burden on the network. In addition, you must ensure that your activities do not improperly restrict, inhibit, disrupt, degrade or impede Comcast's ability to deliver the Service and monitor the Service, backbone, network nodes, and/or other network Services.

Also:

restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service, including, without limitation, ... or generating levels of traffic sufficient to impede others' ability to send or retrieve information;

And from the Customer agreement:

Notwithstanding anything to the contrary in this Agreement, you acknowledge and agree that the terms of the AUP and any other applicable Comcast policies may be put into effect or revised from time to time without notice by posting a new version of the AUP or the other policy as set forth above.

Also:

Facilities Allocation: Comcast reserves the right to determine, in its discretion, and on an ongoing basis, the nature and extent of its facilities allocated to support the Service, including, but not limited to, the amount of bandwidth to be utilized and delivered in conjunction with the Service.


stang03283

join:2003-08-16
Camden, NJ

reply to Kip patterson
really I'd like to know how much comcast pays for their bandwith then. Here is a ideal to save money get technitions that know wtf they are doing. I call up to get them to push my modem and right away they want to schederial a technition to come out to my house once i demand to speak to a superviser i get someone that knows what puching a modem is and magically my internet works again w/o a technition having to come to my house and screwing up everything els on my pc


stang03283

join:2003-08-16
Camden, NJ

reply to Nerdtalker
I think you can only take it up as a legal matter if comcast fallows through and cuts ur access for using to much bandwith. I really dont think comcast is gona fallow through. I think they are just trying to scare people into dumping more money into a more expensive account.


stang03283

join:2003-08-16
Camden, NJ

reply to Kip patterson
want to break down numbers when i asked the guy at comcast what i should limit my usage to he said they had no set limit but suggested i try to use my net no more then 2 - 3 hrs a day so lets break that down at 2.5 hrs a day so for 30 days thats 70hrs now my internet bill is 95$ a month so they are charging 1.36$ a hr that sounds a little high expecially when the speed is so slow compared to roadrunner


stang03283

join:2003-08-16
Camden, NJ

reply to hqh510
maby not you but they sold me unlimited someone eariler poasted a pic of the ad


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