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Broadband fair / acceptable use policies

Most Internet service providers operate a fair use policy. Such fair use policies are legal get out clauses to ensure that unlimited broadband deals cannot be abused and as such, are designed to keep unlimited broadband services as quick and reliable as possible. Such fair use policies are aimed at the very small number of broadband customers who use peer to peer / file sharing software, to constantly send and receive very large files (usually video), on a constant basis. Such Internet activity uses vast amounts of bandwidth, often resulting in significant reductions in broadband speed for other broadband customers - often at peak times. It has been found that around 1% of broadband customers use more than 30% or more of the available bandwidth during peak hours. Therefore, broadband service providers employ fair use policies to keep things fair for the vast majority of their customers.

Whilst some Internet service providers adopt a zero tolerance approach and reserve the right to terminate contracts, other broadband providers will automatically identify this very small number of extremely heavy users and will manage their bandwidth accordingly and mostly, only during peak hours. As already mentioned, such a fair use policy is in place to protect the broadband service for all other customers.

Most broadband company's include within their fair use policy a number of clauses that target unlawful / unnacceptable brodband use. In short, it is highly unlikely that any broadband internet service provider would ever tolerate unlawful, fraudulent, criminal or otherwise illegal activities.

This might for example include: sending, receiving, publishing, posting, distributing, disseminating, encouraging the receipt of, uploading, downloading or using any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing or menacing or a breach of the copyright, trademark, intellectual property, confidence, privacy or any other rights of any person. This extract is from Be broadbands fair / acceptable use policy. Within the same fair use policy, mention is also made of the sending or uploading unsolicited emails, advertising or promotional materials, along with reference to mass mailing campaigns - so be warned.

There has over recent years been ongoing bad press regarding those Internet service providers who advertise so called unlimited broadband deals whilst failing to be up-front regarding their associated fair use policy. Likewise, there have been ongoing calls for action against ISPs who promote unlimited broadband services, without monthly download limits or bandwidth throttling, only to threaten cut-off when unpublished limits are breached.

In a statement, ISPA said: "ISPA advises its members to be transparent and to explain the consequences of breaking their bandwidth caps or fair usage policies prior to a customer signing an agreement."

"ISPA recommends members to incorporate any bandwidth caps, allowances or acceptable and fair use policies in their general sales and marketing literature, and on their websites. Information should also be given to the customer at the point of registration for a service."

Interestingly, neither Ofcom or the Advertising Standards Authority has ever taken action against an ISP on the grounds of unlimited broadband advertising. It is deemed acceptable as long as the small print makes reference to a fair use policy. However, confusion exists in that details of the fair use policy do not have to be published.

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