...and My Response

Dear Mr Carberry

With reference to your letter dated 22 February 2007,

I understand the need for Pipex to introduce a fair use policy at Pipex however would like to comment on your letter.

“We have established that your usage levels are in excess of the levels we would expect for normal home use.”

I would like to know what you define as “Normal” for home use, at no point in your letter do you define;

a - Normal levels are for home usage

b - My usage that has prompted such a threatening letter

“We would like you to change your usage behaviour immediately.”

I am disgusted by this statement when, you have already implemented traffic management on my connection, thus restricting my 8Mb connection to no more than 50kbps at best, and 10kbps on average. Clearly this is something that has been done on purpose as my telephone call with your Technical Support department (a lady by the name of Abi) confirmed, I also find extremely upsetting that despite my emails and phone calls querying my connection problems (Call reference **** ***) you failed to tell me that this was happening, wasting my time and money testing and replacing my own equipment as well as emails and phone calls to your technical support department. I was told that these restrictions are reviewed every Saturday, was I told this to get me off the telephone, or do you really do this kind of work at the weekend?

You have then given me 3 options.

1. Move to Midi
2. Switch to Bulldog
3. Switch to another ISP

1. I chose Pipex Max for the specific reason you sell the product for, as quoted on your site (www.pipex.com) “Comes with Unlimited monthly usage allowance. Tailor made if you're always on the internet” If I wanted to be restricted, I would have chosen Pipex Midi and paid for extra.

2. I cannot switch to Bulldog. When going to their site and inputting my details, I am redirected back to Pipex. Not very helpful

3. Switch to another ISP – This really is my other option. I have been a loyal and long time customer of Pipex since you started back in 2001, (Previous username ******), although I have had a few problems, these have been dealt with promptly, I have recommended you to at least 5 of my friends and co-workers and even recommended you to my company, who still use your company’s services. (Company Name). I agree my download usage may have been higher than before, this is due to moving home, (hence the change in username), and as such, purchased an Xbox games console and High Definition TV, my gaming habits have now changed In that I play online, as well as this, I have also downloaded High Definition content for the purpose of trying out on the TV. The HD downloading has now stopped however, thus my download habits will revert back.

It is quite clear to me that now Pipex is established and “making money” you’d rather these very same users that help build your company, are being “punished” I am sure the majority of these users have been with Pipex from the outset, as you were one of the first to offer 512kbps broadband to home users, we have stayed while you as you grew.

I am sure you do not issue letters in this way in a business to business environment. Do you not think residential users being sent letters such as the one you have sent me would encourage people to have their business from Pipex. My company spend at least £26000 per year for 2 leased lines. Not only could this be obtained elsewhere, could also be obtained for less than half this cost.

Finally, you ask that I send back the form agreeing to comply with your FUP and AUP. Unfortunately, I do not agree with these, especially when you have already implemented what you threatened to do, without the 14 day warning, and even more so, without advising me my actual level of usage. If you lift the restriction on my connection however I will agree to the following

• Ensure "Company" continues to use Pipex for its business use for the foreseeable future
• Limit my download speed (bandwidth)
• Limit my download time to off peak only

In the meantime please would you advise what you define as Acceptable or Fair Usage.

I would appreciate a prompt response to this letter, however feel I will either get a standard template response, no response at all or further threatening letters.

I have also emailed a copy to

mark.carberry@pipex.net
Postmaster for the Attention of Mark Carberry
Pipex Customer Services
Network Infrastructure Manager – Company
Friends and co-workers whom I have recommended Pipex to;