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BOOTED FROM AN ISP
Posted by DMemberJoe N. in on October 5, 2006 at 7:14 PM

http://fl.hw.cz/constrc/lpt_isp_prog/lpt_isp_prog_osad.gif

Hey guys JL here. I'm actually submitting something that happened to me a few months back with my old ISP called Comcast. I was booted off of thier network because apparently Comcast has a bandwidth cap but refused to devulge what it was exactly. I use my webcam a lot to communicate with friends and family and have downloaded software and free music from the net.
I recieved a phone call from a Comcast abuse department rep saying that they have been monitoring my bandwidth usage and would like me to "limit my downloadinfg" which I politely asked what is the cap or limit and the rep told me that their is no limit and argued back that there had to be otherwise I would not be getitng this phone call.
He in turn explained that if I didn't stop, my service will be cut off for a year and this would be my first and only warning. I in turn responded back that I'm not going to stop, not to threaten me, it's deceitful what they advertise, and to kinda go fuck himself. I also let him know that I am recording this entire conversation.
Sure enough within a few weeks without warning, my service was cut off.
Made to switch to Verizon DSL and the first thing I asked was do they provide a bandwidth cap limit and the rep said no they do not and I asked them to put it in writing which they did.
I am actually thinking about filing a class-action suit against Comcast for this decietful business practice. Any ideas?


User Comments

Worldleflaw
Date: October 5, 2006 @ 9:03 PM
I am interested in hearing more about this...

Anybody else got this problem?


OtherDistilled1
Date: October 6, 2006 @ 1:35 AM
I do not as I have DSL thru eartlink (covaD) I get about 3000kbs avg DL and 750 up max. I actully thought about switching to comcast because they advertise twise those speeds...BUT I have heard and read tese same horror stories, right here on DMusic.
So I know thers more on dmusic.

i am intreseted in any out come so keep us posted:) (Smile)

Joe N I think you have hell of a case unless there is some fine print somewhere, you would think they would tell you the cap.

Comcast has been bought and paid for by the RIAA and MPAA IMO!
DMemberJLBRMECHANIC
Date: October 6, 2006 @ 7:05 AM
I'll gladly share with guys what has happened to me in more detail if you want. What upset me is how this transpired. The rep refused to tell me how much of a cap there was and also why he was monitoring me. If there's anybody else out there that has experienced this please contact me.
BluesInsaneWayne
Date: October 6, 2006 @ 12:33 PM
I have Verizon DSL and no simular legal problems.
However a bit of advice; after doing a lot of er um "traffic" weather it's transfering my own mp3s to groupies or streaming a crapload of vids from YouTube, about once a week unplug yer DSL modem, wait a few, and plug back in to get yer speed back.
Id get an expiranced anti-riaa lawyer and sue Comcast not only for money but into changing their policy.
http://info.riaalawsuits.us/directory.htm
DMemberJLBRMECHANIC
Date: October 7, 2006 @ 1:29 AM
Thanks for the advice. My quom with this whole fiasco against Comcast is whether they are decieving people and ripping them off. If I decide to do this, this is NOT about money. I want Comcast to spell out exactly what their limits are. Check this info out, I found it rather intersting and Comcast won't even admit to it:

Comcast (uses Giganews) newsgroups.comcast.net

Comcast Newsgroup FAQ

User name: your Comcast.net Primary email address (example: jdoe@comcast.net)
Password: your Comcast.net password

2GB/month download limit. (PER MONTH)
Electronicleedsquietman
Date: October 8, 2006 @ 8:11 AM
It's always a good idea to read the small print - in Canada, Rogers and Bell Sympatico the 2 biggest cable/DSL providers of internet both have caps (and on the low-mid budget options it is less than 1GB) but don't advertise it, even the highest end ones they freak out on and mail you if you go above 4 GB per month. They then refer you to line 686 or something in the EULA if you try and complain and know that you're not likely to quit them as the other ISP's cap too...
DMemberfjones987
Date: October 8, 2006 @ 7:15 PM
Comcast High-speed Internet Service Subscriber Agreement

8L - Facilities Allocation: Comcast reserves the right to determine, in its discretion, and on an ongoing basis, the nature and extent of its facilities to support the Service, including, but not limited to, the amount of bandwidth to be utilized and delivered in conjunction with the Service.

http://www.comcast.net/terms/subscriber.jsp

This is the only thing I can find relating to this subject in their license agreement, however this appears to pertain to the bandwidth rate (2 Megabits vs. 3 Megabits), and not a usage cap. Their way of saying "you might not get the same speed night to night when everyone and their mother is on".
DMemberJLBRMECHANIC
Date: October 9, 2006 @ 2:40 AM
I saw that too, but NOTHING about a download cap limit of any kind there. So who's lying to who?
AdminCodeWarrior
Date: October 9, 2006 @ 6:26 PM
JLB that sucks they did that. Also, if I were you, I would be put off by the threatening tone they used with you.

Legally of course, they can put bandwidth usage limits, but I think it is a bad idea.

For one, 2 gigs a MONTH is a joke. If you downloaded the KNOPPIX disc for example, that will run somewhere around 700 megs, and heaven forbid you should download Windows Vista R2 around 3.5 gigs I think....you couldn't download anything for almost 2 months after that! :) (Smile)

Bandwidth caps are ridiculous unless you are running a server from home and serving up videos and giant downloads.....I guess that they would object to that, but if you are only downloading under 5 gigs a day...what the hell...Hey Comcast...leave those kids alone!
~Code
DMemberJLBRMECHANIC
Date: October 10, 2006 @ 3:32 AM
The worst part of it Code is that the Comcast Abuse Dept Rep wouldn't tell me what was the cap limit. In fact, he argued with me that "there was NO limit" which I in turn fired back if that there was no limit, then why am I getting this phone call in the first place. I in turn started to let other Comcast subscribers know about this across the country and to call them up demanding that Comcast put this in writing that they DO NOT have a download cap limit.
I'm actually asking other Comcast subscribers who like me have been booted as to what our legal options are and if there's a legal justification to suing Comcast for this false advertising of "unlimited downloading" and "fast connection". I was actually surprised just how many people have been threatened in the same way I have and many are in my area too.
DMembersccpink
Date: October 11, 2006 @ 12:47 AM
I am using Comcast for my Internet service and I have had no problems downloading massive amounts of data. In August, I downloaded 110 GB's of data in torrent files non-stop with no complaints from Comcast.

I am behind a router, but I don't know if that would make a difference.

http://www.comcast.net/terms/use.jsp I found this section in Comcast's acceptable use policy. It does say that there are "Bandwidth Limits", but it does not give a specific numerical limit. It only warns against violating the integrity of the network.

Network, Bandwidth, Data Storage and Other Limitations

Comcast may provide versions of the Service with different speeds and bandwidth usage limitations, among other characteristics, subject to applicable Service plans. You shall ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other user's use of the Service, nor represent (in the sole judgment of Comcast) an overly large burden on the network. In addition, you shall ensure that your use of the Service does not restrict, inhibit, interfere with, disrupt, degrade, or impede Comcast's ability to deliver and provide the Service and monitor the Service, backbone, network nodes, and/or other network services.

You further agree to comply with all Comcast network, bandwidth, and data storage and usage limitations. You shall ensure that your bandwidth consumption using the Service does not exceed the limitations that are now in effect or may be established in the future. If your use of the Service results in the consumption of bandwidth in excess of the applicable limitations, that is a violation of this Policy. In such cases, Comcast may, in its sole discretion, terminate or suspend your Service account or request that you subscribe to a version of the Service with higher bandwidth usage limitations if you wish to continue to use the Service at higher bandwidth consumption levels.

In addition, you may only access and use the Service with a dynamic Internet Protocol ("IP") address that adheres to the dynamic host configuration protocol ("DHCP"). You may not configure the Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless you are subject to a Service plan that expressly permits otherwise.
DMemberJLBRMECHANIC
Date: October 11, 2006 @ 1:36 AM
On average, I've downloaded about 35 gigs of data permonth. They still terminated me. Where in the country do you livE?
Otherjess1561
Date: October 11, 2006 @ 6:12 AM
Never had that problem. but I could probably call my friend that works as a regional Comcast rep and ask him what the cap is and whatnot Hm
DMemberJLBRMECHANIC
Date: October 11, 2006 @ 1:33 PM
Do a searchg on GOOGLE "Comcast download cap limits" and see what pops up. There MANY MANY people out there that have experienced what happened to me. This is NOT a small group of people.
DMembersccpink
Date: October 11, 2006 @ 6:37 PM
I live in Lansing, MI. I did the search on "Comcast download cap limits" and read what people had to say. I think that you do have a case because the downloading limits stated in the AUP are not specific.

I'll watch how much I download from now on. I'll probably be downloading less from now on becuase I like to keep my hard drive (250GB) clean.
DMemberJLBRMECHANIC
Date: October 12, 2006 @ 12:07 AM
Do me and yourself a favor and spread the word to other Comcast users. They need to be aware of what Comcast is doing, I am currently emailing other users of what happened to me and many share the same argument and are deciding what to do about this.
This is not about monetary gain, but people need to become fully aware as such from what I've read on the net, this is an "unwritten policy" that Comcast does not have anywhere in thier user license agreement but they enforce it no less.
DMemberJLBRMECHANIC
Date: October 12, 2006 @ 12:12 AM
you can take a look at this article here:


Comcast targets Internet `abusers' but won't reveal limits
Matthew Fordahl, The Associated Press 2004-01-29

By all accounts, George Nussbaum demands a lot from his Internet connection. He streams video and transfers large files from his office. His family downloads movie trailers and his stepson listens to and buys music online.
Click here for Core!!
Nussbaum subscribes to his cable TV provider's high-speed Internet service, which, he thought, was built for such high-bandwidth activities. Then, in November, he got a letter from the provider, Comcast Corp., ordering him to dial down his usage or face service termination.

Until last summer, the service was advertised as "unlimited."

But Comcast, citing a fuzzy "acceptable use" policy, is now cracking down on the heaviest users on the premise that their consumption could degrade neighbors' service.

A number of broadband providers are beginning to offer different tiers of service, charging high-volume users more. Some, particularly wireless providers, charge extra for heavy use.

Comcast, critics say, is trying to impose limits without telling consumers that the service is limited.

Nussbaum, who at first had no idea how many gigabytes he consumed, was willing to cut back. He called to find out by how much, but customer service had no answer. Then he asked how much he used. Again, Comcast wouldn't provide a number.

Last month, Nussbaum got a second letter threatening suspension or termination, so he decided to sign up for a digital subscriber line offered by his phone company, Verizon Communications.

"How am I supposed to know what my limits are?" said Nussbaum, an engineer from Plaistow, N.H. "It was actually kind of ridiculous."

Comcast's letters have been a hot topic of discussion on BroadbandReports.com, a popular online forum. More than 5,000 messages have been posted since the warnings started arriving last summer. Most offer comments, though some are reports of having received a warning.

"They have the right to control their service and offer different services to different people," said David Willis, an analyst at the Meta Group. "The problem is you can't keep changing the rules all the time."

Most broadband companies have vague policies, but Comcast's appears to be the most aggressively enforced. It provides no tools for monitoring bandwidth, and does not give any specific guidance.

Comcast says the few people who receive the warning letters typically consume 100 times more than the average user.

"The total number of customers who have had their service disconnected is well below one one-hundredth of one percent of our overall Internet customer base," spokeswoman Dana Ryan said, reading from a prepared statement.

But the nation's largest cable company refused to reveal the average consumption among its 4.8 million high-speed Internet subscribers. Ryan also would not say how many received warnings or exactly how many have had their accounts suspended or terminated.

A senior Comcast technician, who asked to remain anonymous for fear of losing his job, said letter-triggering usage is typically about 100 gigabytes a month, though it varies from city to city.

A hundred gigabytes of usage a month may not strain the system but some abusers, he said, consume more than a terabyte of data each month -- equal to about 1,000 gigabytes, or 1,000 copies of the Encyclopedia Britannica. Many run Web servers or offer copyright music or videos. Thirty minutes of high-quality video can consume up to a gigabyte.

Excessive use is a problem for Comcast and other providers because they must predict bandwidth use and buy the capacity. If too much is consumed, not only can the local network bog down; it also could affect Comcast's profit margin.

The enforcement comes as cable companies are trying to maintain their lead over DSL, which offers high-speed access over phone lines. Comcast and several other cable firms are doubling their top download speeds to 3 megabits per second, which makes it easier for users to consume more bandwidth and cross any limits.

DSL providers are fighting back by dropping prices -- as low as $27 a month, compared to Comcast's $43. The phone companies stress that they don't restrict usage.

They're less likely to do so because digital subscriber lines are not shared until they reach the phone company's facility. Cable users share the same data pipe with their neighbors.

"I am not aware of any DSL provider that limits the number of bytes available or charges more if a circuit is used more," said Verizon spokesman Eric Rabe.

But cable companies have a history of limiting use. Until recently, for example, Comcast specifically barred its residential customers from using virtual private networking software, which creates secure connections for telecommuters, unless they upgraded to the business plan.

"The cable companies in the U.S. have this history of trying to engineer multiple, tiers, multiple grades of service," Willis said. "So far they've been highly unsuccessful in doing that."

People who received Comcast's bandwidth abuse letters and were willing to discuss their usage patterns publicly were shocked at the "Twilight Zone" experiences they had with customer support.

Randy Jackson of Colonia, N.J. received form letters with blank date fields. Longtime subscriber Tallon Nishihata of suburban Tacoma, Wash., said his letters referred him to a pricey business-grade service that's not available in his area.

One man, a British expatriate in Philadelphia who used to transfer home movies to family in Europe, asked for anonymity because he feared Comcast would unplug him, leaving him with nothing but a dial-up connection because he doesn't qualify for DSL.

"They play the card that I've been causing problems for people in the neighborhood," he said. "If that's the case, that's fair enough, but show me some evidence."
IntermediateNiceGuy2003
Date: October 20, 2006 @ 2:01 PM
What I don't get is why cable companies don't use the massive profits they make to upgrade their networks to handle this kind of traffic. It's not like they couldn't find the technicians to do it. They're practically everywhere waiting for a job like this.

Fortunately I'm not on Comcast. I was on Adelphia until they were pushed out by Time Warner and I have noticed an uptick in my speeds, but they seem to care less about how much I download.

I mean, damn, I pay $43 a month I expect to be able to download more and faster than dial-up. That's what broadband was invented for.
DMemberdustinwilson93
Date: November 17, 2006 @ 9:49 PM
Somtimes i think its better to get AOl dial up instead of dealing with rip off cable companys cause they are ALWAYS CAUSEING PROBS HERE!!!! but the sprint DSL is pretty good i havent had a problem with them....yet.
DMemberJLBRMECHANIC
Date: January 27, 2007 @ 2:52 PM
Subject: comcast employee
Message:
hello,

I, according to comcast, am still an employee on administrative leave with pay, we with an IQ above 10 know this means till we can print your final check.

You have probably seen I have responded to some of the idiots that have attacked you. They really do brainwash the empployees but the most important thing, is they intimidate them. Those employees who are defending comcast to you in a public forum could get fired just for defending them if you can believe that LOL!

I was fired because i believe customers complaints to much. Comcast motto (this is an undeclared motto it is a motto only taught to employees) Customer is always lying and trying to get something for free. When in fact it is actually Comcast that is trying to get money for nothing. when a persons service has not been working properly, we don't offer a credit unless they ask! Comcast has no problem taking your money, if you are willing to pay it, even when service doesn't work.

Here is a story that will make you laugh your as off. Dec 14th we had one of the worst wind and rain storms ever in washington sate seattle area. over 1,000,000 people without power, cable, and phone. we were not allowed to go fix cable lines until power put theres up first. we sent out a press release saying all installs and disconnects were put on hold until every comcast customer was restored. So a lady calls in and says, my cable and power is down a tree fell on my roof and knockedthe cables down. we told her we could not come fix her cable line till her power lines were fixed. she understood. well she was unaware and the comcast employee did not tell her she was over due on her bill. well when an account hits 82 days past due you are interupted in service. if it goes 92 days you are diconnected from the pole. well on the 16th r 17th of dec she became 92 days. and all those techs that were supposed to be restoring services, one of them didn't get the memo the sent a tech out to disconnect her even though she had no service any way and still no electricity. alot of people were without both for 2 weeks. so he went out the lady saw him climbing the pole and said, you should stay away from there they haven't fixed my power yet. the guy told the lady to mind her business he is going to shut her cable off as he was ordered to. He hooked or bumped something caused a power surge to go into the ladys house it blew up her microwave, and caught her refridgerator on fire and he got zapped! All over comcast greed. If they had been doing what they told the press they were doing restoring outages with every available man this would not have happened.

so anyway, I am not sure what the band limit is but I also know that their "unlimited Long Distance" is not unlimited either. I work in collections and we were calling people all the time telling them to lower usage or we would have to charge them business rates? It just doesn't make sense. If they cal another country if they get say 150.00 in long distance say in a 2 week period they shut them off till they pay it b4 they turn long distance back on. no matter how long customer is with us.
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