MWeb to meet lawyers over broadband terms

This article was posted by on Mar 19th, 2010 and filed under News. You can follow any responses to this entry using RSS 2.0. Both comments and pings are currently closed.

Rudi Jansen

MWeb, facing criticism from some consumers over fair-use provisions in the terms and conditions of its new, uncapped broadband packages, will meet with its legal team on Tuesday to consider amendments to them.

The company, which operates the Twitter feed FreeTheWebSA, tweeted on Friday morning that it was considering amendments to the terms and conditions following consumer pressure. “You have spoken and we listened,” the Twitter message said. “We’re relooking the terms and conditions to be changed next week.”

In a further tweet, the company said: “Our [terms and conditions] are causing unnecessary confusion and misunderstanding. We are in the process of reviewing [them].”

An MWeb spokesman says that although the company will consider changes, it’s not guaranteed any will be implemented. However, the company has said it is taking heed of comments on social networking sites like Twitter and Facebook.

Consumers have raised concerns over clauses in the terms that prohibit “continuous video streaming and “continuous FTP downloads”. Users may also not use the service for “unattended automated operation”.

According to the fine print, users must not “restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet or … create an unusually large burden on our network, including, without limitation, continuously uploading or downloading streaming video or audio; continuous FTP uploading or downloading, or otherwise generating levels of traffic sufficient to impede others’ ability to send or retrieve information, or to use the ADSL services in an abusive manner in connection with any unlimited packages, options or promotions”.

Some consumers have taken this to mean that the service isn’t truly uncapped.

However, MWeb CEO Rudi Jansen (pictured) said in an interview with TechCentral on Thursday that the company will not cut off people using the service, for example, to consume streaming online media. He says fair-use clauses are standard and used by international companies such BT Group and France Telecom and are there to protect service providers.

“Yes, we have a fair-use policy, but the idea of it is to ensure the abusers don’t spoil it for everyone,” he said.

Jansen explained that the fair-use terms were there to stop someone from, for example, hosting a website with thousands of movies on it and then inviting people to download that content. “We won’t go after people who are using [the service] for their own personal use.”  — Duncan McLeod, TechCentral



  • http://woganmay.com/ Wogan

    Anybody notice that not even the word “uncapped” appears in the AUP? And there are plenty of references to things like “Base Cap” and “exceeding” it, so in all likelihood they simply forgot to update an AUP which was working perfectly well for capped ADSL users.

    ~ Wogan

  • Louis

    Why not just may a cap of say 20 GB – no one can possibly use more than that for own personal use, and will still be enough to get everyone’s attention. Surely this clause must be understandable – you can’t have a 100 people all abbusing the system downloading a TB every month none stop…

  • http://matt.benic.us Matt Benic

    @Louis Trust me, once you have access to that kind of bandwidth, it’s more than possible to exceed 20GB. Consider more than one individual in a household on multiple devices (PCs, consoles, smartphones) and it’s really easy to push those kinds of limits.

  • http://woganmay.com/ Wogan

    @Louis – I used 12GB in one day, just downloading my Steam games. Yeah, 20gb is a pretty low cap when you consider what broadband should be used for…

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