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The Internet

How Much Broadband Usage is Too Much? 1143

Semprini2k asks: "I just came home from work to find a letter waiting in the old snail mail box from my Broadband ISP. It has very nice titling on it: 'Notice of Acceptable Use Policy Violations' and also has an 'Abuse Ticket Number' associated with it. Has anyone else received these from their Broadband ISPs lately? Are they being overly cautious or are they working towards throwing off any users who might possible tax their network? I am trying not to be paranoid about this, but what are other people seeing and/or doing in this situation?" The "proper" bandwidth is liable to vary by region, but it would be interesting to note usage patters of people who are getting these letters versus those who aren't.

"'Oh, no!' I think to myself, 'They think I'm a spammer!!!' But further reading sheds more light on the subject:

According to our aggregate bandwidth usage records, during December 2003 your [...ISP...] account exceeded [ISP's] bandwidth usage limitations. The activity associated with your account was more than 100 times the national median. This level of activity violates [ISP's] AUP.
"I freely admit to using a lot of bandwidth. From the day Fedora Core was released via BitTorrent I have kept an active BitTorrent session going to help others get it too. So I find this a bit of a concern.

I called their toll-free number to inquire whether I could get access to their data. No, I cannot. All I can do is try to use less bandwidth and hope I do not see any more of these letters. 2 more and my service will be terminated."
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How Much Broadband Usage is Too Much?

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  • Read their AUP (Score:5, Insightful)

    by grub ( 11606 ) <slashdot@grub.net> on Thursday January 08, 2004 @03:06PM (#7917952) Homepage Journal

    It has very nice titling on it: 'Notice of Acceptable Use Policy Violations'

    Look through their AUP and see if what you are doing is indeed a violation. I had a warning via email several months back from my (cable) ISP which claimed I was using "above average" amounts of bandwidth even though they advertised "unlimited" when I signed up years back. I replied to the supplied human-read address saying basically "An average is made of of highs and lows, right?" to which I never had a reply or a warning since. That may just be coincidence but I do generate a fair amount of traffic...
    • Re:Read their AUP (Score:5, Interesting)

      by arkanes ( 521690 ) <arkanes@NoSPam.gmail.com> on Thursday January 08, 2004 @03:17PM (#7918219) Homepage
      Raise noise about this if you need to. If it gets noisy enough then consumer protection legislation can get called upon, and then maybe we'll have some sort of baseline for what a reasonable contract with a local monopoly is - in fact, it'd be really spiffy if we could get a court ruling that invalidated those obnoxious "we can change any facet of this agreement at any time" clauses in general.
      • Re:Read their AUP (Score:5, Insightful)

        by grub ( 11606 ) <slashdot@grub.net> on Thursday January 08, 2004 @03:25PM (#7918416) Homepage Journal

        ...we could get a court ruling that invalidated those obnoxious "we can change any facet of this agreement at any time" clauses...

        Those things are no more than a glorified bait & switch put to paper.

        When broadband was rolling out everyone was advertising as 'always on' and 'unlimited'. Well, they signed up millions of people after which they decide to change the rules. A lot of these ISPs keep their customers by means of inertia and little else.
      • Re:Read their AUP (Score:5, Interesting)

        by ron_ivi ( 607351 ) <sdotno@cheapcomp ... s.com minus poet> on Thursday January 08, 2004 @03:28PM (#7918464)
        I'd be really curious if some false-advertising claim could be made against the companies.

        If they advertise "X-Mbps" and I don't get it 95%, 99%, (what's an appropriate SLA for the computer industry) of the time, it's broken!

        With the web site the company I'm at is hosting hosting, between WorldCom and Akamai, we're buying 50Mbps (95th percentile). If they tell us "oops you used 50Mbps for too many seconds", that's just wrong.

        If a ISP wants to charge per Gigabyte, I'm all for it. But if their advertising Mbps, they should deliver.

        Personally, I'd be all for some companies offering charge-per-Gigabyte plans, because I think there's a lot of time that I don't use that many gigabytes.

        • Re:Read their AUP (Score:4, Insightful)

          by arkanes ( 521690 ) <arkanes@NoSPam.gmail.com> on Thursday January 08, 2004 @03:36PM (#7918633) Homepage
          All you really need to do is just not oversell capacity. Then your costs and allowances are fixed, you know exactly how much you need to clear to make a profit, and theres no real worries with "power users". Take it slow and upgrade capacity as you grow your customer base and you'll be able to make a steady profit without having to send out all these letters and having annoying AUPs.
          • Re:Read their AUP (Score:5, Insightful)

            by jusdisgi ( 617863 ) on Thursday January 08, 2004 @03:50PM (#7918898)
            Ok...no problem. We won't oversell our ADSL bandwidth at all.

            Now...about your bill. That 768/128 line is going to cost, oh...$300/month.

            Oh, yes...and I really do work for a small ISP, and our cost for our outbound bandwidth really is $500/mbps.

            Not overselling bandwidth would be the stupidest thing any ISP ever did. It would make it absolutely impossible to profit. This thing only works because at any given moment only 5% of our customers are downloading.

            • Re:Read their AUP (Score:4, Interesting)

              by Cpt_Kirks ( 37296 ) on Thursday January 08, 2004 @04:05PM (#7919215)
              I think about 95% of my downloads are from the local USENET servers. This traffic does not hit the backbone AT ALL (other than server refreshes, which happen anyway). Since most of my traffic is from their local servers, I'm only causing the neighborhood loop to slow down. I kick off my news harvester at bedtime (11:30PM), so this should cause the neighbors no grief.

              Bandwidth limitations should only apply to backbone use, not local server use.

              But Dog only knows, that is to complicated for TW...

            • Re:Read their AUP (Score:5, Insightful)

              by override11 ( 516715 ) <cpeterson@gts.gaineycorp.com> on Thursday January 08, 2004 @04:09PM (#7919294) Homepage
              The whole complaint isnt overselling, its the false advertising involved. If you have a bandwidth cap, or a transfer limit, speak up when I sign up so I know!
            • Re:Read their AUP (Score:5, Insightful)

              by Bagheera ( 71311 ) on Thursday January 08, 2004 @05:11PM (#7920356) Homepage Journal
              Amen, jusdisgi.

              Several years ago I worked for a large (who I will leave nameless) ISP who liked to advertise their "Awesome ADSL speeds! Over a 1.5Meg a second down! Guaranteed to our router!"

              Why guaranteed only as far as their router? The router in question was a RedBack 1500 with 8000 users provisioned on it, all fed by a pair of OC3's running 145M/Sec.

              You do the math. 8000 users expecting 1.5M/sec from 290M/sec worth of pipe?

              As you so well point out, the ISP's oversell bandwidth to survive. They know that most users will only use a tiny fraction of their alocation, so most of the time they never realize how bad the situation is.

              Also, as other people point out, the ISP's have an interesting way of defining "Unlimited" to mean what they want it to mean - usually something like "Full speed for 5% of the time." Worse, for us users anyway, their business model doesn't WANT users who are savvy. They want Lemmings who'll knock off some emails, do a little surfing, and not use more than a fraction of the advertised bandwidth they're sold.

              It's the way the business works.

              You want 1.53M/sec bi-directional 24x7 that you can actually USE? Get a T1. Want a decent pipe, at a price per month less than the lease on a BMW M3? Get cable or DSL and be willing to deal with some ISP bullshit from people who don't really want your business unless you're like the other Lemmings...

        • Re:Read their AUP (Score:3, Informative)

          by johnmearns ( 561064 )
          Most broadband isp's sell their home service packages as a "best effort" service, where they will try to meet that speed, but they won't guarentee it. If you want guarentees you're going to have pay alot more money, just like they do. SLA's aren't for $30 a month plans.
        • Re:Read their AUP (Score:5, Informative)

          by arth1 ( 260657 ) on Thursday January 08, 2004 @03:53PM (#7918959) Homepage Journal
          I'd be really curious if some false-advertising claim could be made against the companies.

          If they advertise "X-Mbps" and I don't get it 95%, 99%, (what's an appropriate SLA for the computer industry) of the time, it's broken!


          It's worse than you think. I'm a Cox customer, and according to their revised AUP (not that I had to sign anywhere to accept the new rules) the customers aren't even allowed to use on average 56k6 modem speed over a month! If you calculate, you'll find that you have to throttle your connection to around 3kB/s to not exceed their limits for what's "abuse". Oh, and they don't have any CIR or guaranteed minimum speed. They sell the service on the *peak* speed, which you can't use a fraction of for any length of time.
          They also block various ports, sometimes even both ways (which means they'll randomly block ports needed for legitimate return traffic).

          This is sold as "High Speed Internet", and costs you $50 per month ($40 if you also purchase other services from them).

          It's not high speed, and it's not Internet. Some legislation is needed, because this is slipping out of control. The cable companies clearly abuse the near monopoly they have in many market areas.

          --
          *Art
          • Re:Read their AUP (Score:4, Insightful)

            by j-turkey ( 187775 ) on Thursday January 08, 2004 @04:58PM (#7920128) Homepage
            I'm a Cox customer...They also block various ports, sometimes even both ways

            I just wanted to sound off on what a horribly lame policy port blocking is. Both Cox and Earthlink block outbound port 25 (Earthlink blocks for both dialup and broadband customers). While I can understand the reason for bocking these ports (preventing mail abuse) -- I find the practice both deceptive and ineffective.

            It's ineffective because spammers can just run mail servers on different ports (although it may help with abuse of open relays, but many spammers are far beyond this). I have to run an instance of qmail on a weird port so my Earthlink users can connect to my mail server (long story).

            I consider the practice deceptive because they advertise and sell their service as an Internet Service Provider. This suggests that they sell service to the entire Internet. I had no way of telling that the ports were blocked until after my users signed up for service. The short of it -- I'll call ISP's before telling employees that the service is supported. Maybe they should start advertising these port-blocking ISP's as pISP's, or Partial Internet Service Providers...or something.

    • Re:Read their AUP (Score:3, Interesting)

      by altstadt ( 125250 )

      By definition, half of all their customers are using "above average" bandwidth. Is their goal to drive all their customers to pay for zero bandwith usage?

      • Re:Read their AUP (Score:5, Insightful)

        by Exitthree ( 646294 ) on Thursday January 08, 2004 @03:25PM (#7918407) Homepage
        By definition, half of their customers are using above median bandwidth. In a case with an average, one user using 10 GBs of bandwidth and nine users using 1 GB of bandwidth, the average is 1.9 GB/user. One user is above average, and the rest are below.
        • Re:Read their AUP (Score:5, Insightful)

          by Jerf ( 17166 ) on Thursday January 08, 2004 @04:02PM (#7919156) Journal
          In fact, a typical distribution is indeed exponential, so in real life many fewer then half their customers will be above average. The cited example is very close to reality.

          The fallacy of course lies in the implicit idea that if you get rid of all of the "above average" customers, you won't still have "above average" customers. ;-)

          Still, eliminating or significantly reducing the bandwidth used by as few as 50 or 100 people can significantly improve the performance of the system for many, many thousands of others. (Without going into details I will claim without evidence that I've seen the numbers in a real life example to back this up.) If those thousands of others are experiencing difficulties and complaining (and subsequently terminating service), guess who's gonna get it?

          It may suck if you're one of the 50 or 100 people, but if you look at it abstractly, there's nothing else an ISP can possible do. Not even increase the bandwidth, since things like Gnutella and Bittorrent can grow their bandwidth use to match the expansion. Sooner or later, the top folks need to curb their use, and for better or for worse, the ISP folks will have to be the heavies.

          FWIW, they don't necessarily enjoy it, it's just the way life is.
          • by Ungrounded Lightning ( 62228 ) on Thursday January 08, 2004 @05:53PM (#7920934) Journal
            It may suck if you're one of the 50 or 100 people, but if you look at it abstractly, there's nothing else [than kicking out a few high-bandwidth users] an ISP can possibl[y] do.

            That is absolutely not true.

            They can configure their equipment so that, during usage peaks, the heavy user's connection is throttled down to a "fair share" of the currnet bandwidth usage.

            (Note that I'm talking about an instintaneous throttling, not a daemon that reconfigures his modem on an hourly basis.)

            If the uplink can handle, say, 45 mbps and 45 users are all transferring flat-out, he should get 1 mbps throughput - as should the other 44.

            And it is the ISP's job - not the customer's - to configure their equipment so that this happens - and beat on their vendor (or find another) if the equipment can't do it.
    • Re:Read their AUP (Score:4, Informative)

      by SQLz ( 564901 ) on Thursday January 08, 2004 @03:39PM (#7918681) Homepage Journal
      Unlimited does not mean 'Unlimited Bandwidth', it means your account is not metered by time.

      The term was created when ISPs started to charge flat rate monthly prices instead of the traditional 'by the minute' model that the three big players, AOL, Compuserve, and Prodidy were using at the time.

      I think hey could have chose a better term but they didn't.

      • Really? Is that what the contract says? Because the contract language is what matters in a contract dispute.
      • Re:Read their AUP (Score:5, Interesting)

        by Junior J. Junior III ( 192702 ) on Thursday January 08, 2004 @04:12PM (#7919345) Homepage
        There's (at least) three ways to look at caps:

        TIME - you can connect for x minutes per day. Broadband advertises that they are "always on" and thus not capped in this way. Dialups don't cap you in this way, either, but may well charge you for minutes above and beyond a certain amount, though most allow unlimited time connectivity per billing period for a flat rate.

        BANDWIDTH - Bandwidth really means "range of frequencies" that you're allowed to transmit/receive on, which is either dictated by the FCC or the RFC for the technology you're using, or both. But I'll ignore that, for now, and talk about "bandwidth" as it is commonly used, which is to define the speed of the connection in bits per unit of time. You have physical limits inherent to the hardware, here, and also many broadband providers cap the hardware at a certain limit. Cable modems can pull down something like 33 Mb/s but are normally capped around 3Mb/s.

        THROUGHPUT - Many ISPs ToS agreements include a clause stating how many bytes you can move up or down per month. Typically, with such agreements, this limit is much lower than the amount of data that you could theoretically push over your connection if you saturated it 24/7.

        Note well that if you calculate the throughput cap as a speed and compare it with the "bandwidth" cap, the "bandwidth" cap will always be higher. They're saying, in effect, that you can drive 80mph but that you have to rest 10 hrs. out of every 24.

        I'll guarantee that the limit that the ISP is complaining about in this case is the "throughput" type. If you saturate your connection, it costs the ISP more because they pay *their* connectivity bills according to throughput. It also throws a lot of suspicion that you are violating copyright, or spamming, or launching DoS attacks, or reselling your connection against their ToS, even if this is not necessarily true. A high level of activity = "you're up to something".

        The argument about whether the usage level for a particular user is "above average" or not is not really the issue if the ToS includes a specific amount of throughput per month provided. "Above average" is a spurious argument, as many have already pointed out. The real issue is what does the ToS say, and are you abiding by that.

        Most ISPs won't terminate you for exceeding this, but will bill you for bytes moving over your connection above and beyond this limit. And you'll pay through the nose for exceeding your limit, too. Step up to the next level and buy a business-grade service if you need that much throughput.

        The reason for having a "bandwidth" (read: speed) cap that's higher than the "throughput" cap is to enable you to move a high amount of data quickly.

        Say your ToS says you can pull 40GB/month down according to your agreement. But you don't want to wait an ENTIRE MONTH to pull that 40GB down. Your cable modem is capped at 3Mb/s, so you don't have to. Maybe you want to pull 30GB worth of ISOs in a few days time, and spend the rest of the month pulling the remaining 10GB allocated to you for email, gaming, browsing, or whatever.

        The ToS agreement is desgined to allow you to do this, but if you go over 40GB that month, you're going to be paying extra or find yourself shut off.

        If, on the other hand, the ToS doesn't have a clause about throughput caps, then the ISP has no leg to stand on, and if they say "unlimited usage" then they have to abide by it, and will probably go out of business doing so.

        Where the marketing claim of "unlimited" and the fine print agreement to limits contradict each other, you can litigate with a false advertisement claim if you want, but you're still not going to get unlimited service. At best you'll get them to retract or modify the marketing claim, which itself would be something of a victory. But not the one you want.
    • by jellybear ( 96058 ) on Friday January 09, 2004 @01:05AM (#7925010)
      The parent is right that the average is made up of highs and lows. And ISP's are now trying to cut away the highs. If they succeed, then the middle becomes the new high, just waiting for the next pogrom. From the perspective of money-grubbing, backwards-looking ISP's the problem is the power user. The REAL problem however, is the lows. The real problem is, in fact, not the power user, but the "wear user".

      Just try to picture what would happen if everyone became so paranoid and timid that they drastically reduced their bandwidth usage: the AVERAGE goes down, and then people who were previously average end up above average. The ISP's wallet gets fattened by the cost reductions, but their appetite just goes up. The executives feel the need to continue their "growth" to satisfy the owners. The next round of victims gets targetted by the ISP. Revenue growth ends up being sought through the ultimately destructive strategy of a gradual reduction of "costs" which are in fact hardware investments, without which the next generation of bandwidth and applications could never arrive.

      Therefore, if AT ALL possible, always try to use AT LEAST as much bandwidth as the average user, if not slightly more. They can't terminate 50% of users, or even 40% of users. In fact, you could probably be in the top 10% without getting complaints. Let's be conservative though, and choose to use only enough bandwidth to be in the 75% (i.e. top 25%) Imagine if everyone did this. If everyone tried to do this, the average bandwidth usage would gradually increase, making it harder for the ISP to extort and terrorize power users. If the upward drift happens gradually, technology would hopefully keep up, and we would gradually get faster and faster bandwidth. Isn't that what progress should be?

      If, instead, people reacted by cutting down on bandwidth and uploads, then the average might DECREASE. Then, the ISP could boot off the biggest users, reduce their infrastructure investment, hoping instead to make money off of the low-power users. After the pool of clueless low-power users is fully tapped, and with no infrastructure investment, the only further avenue for squeezing out more profits would be to reduce expenses even further by setting off another round of kicking off intensive users. With each successive wave of account terminations, the average usage would decrease, thereby decreasing the expense per revenue stream. There is a clear financial incentive for this scenario, which would ultimately lead to stagnation.

      So, IF YOU ARE USING LESS THAN THE AVERAGE BANDWIDTH, then THIS IS YOUR FAULT.

      It may sound like I'm joking, but I'm dead serious.

      If you are using less than the average bandwidth, you are actually doing everyone a huge disfavour. Instead, you should be everyone a huge favour (including the industry, and hardware makers) by using MORE bandwidth. Share some torrents. Seed some even. Let it run for a few days a month. Try to be at least in the 60% percentile in terms bandwidth use.

      In the long run, everyone will benefit.

      Encourage technological progress! Use more bandwidth! (That is, you're not already in the top 5%. If you are already in the top 5%, then maybe cut down a bit, or just be careful and hold steady. Some day, if everyone else is as altruistic as you are (i.e. download and upload as much stuff) the average will move up, and you will no longer be the top 5%, at which point you could increase your usage accordingly.

      Set up a torrent seed on your grandma's computer, sharing a distro or something. Limit her upload to 5k. Let it run. She'll be doing her part to help make the world a better place.

      It's easy to be an altruist. Get kazaa. Or edonkey. Or go to suprnova. Share some linux distros. It's fun, and it will make you feel warm fuzzies inside knowing you're helping the internet grow.
  • by Anonymous Coward on Thursday January 08, 2004 @03:07PM (#7917957)
    and the hacker is using a lot of bandwidth to relay spam or something
    • by ihummel ( 154369 ) <ihummel.gmail@com> on Thursday January 08, 2004 @03:14PM (#7918146)
      Possible, but keeping a Fedora Core bittorrent open since it came out is quite sufficient to explain the warning.
    • FTP servers (Score:5, Insightful)

      by Black Pete ( 222858 ) on Thursday January 08, 2004 @03:20PM (#7918305)
      I used to run a FTP server on my home machine so that I'd be able to put my personal and work stuff on it, so I'd have a handy way of shuttling files back and forth between my home and work computers.

      Well, one day I found in my InBox a nice little email from Shaw (main ISP for cable modems in western Canada) complaining that I was currently using more bandwidth their business users, and "to keep things fair" please consider either switching over to a business payment plan, or to turn off all P2P programs (assuming I was warezing mp3's, no doubt). They said that I'd been downloading about 37GB and uploaded about 20GB.

      Needless to say, I was quite flabbergasted. I quickly checked my FTP logs, and sure enough, there was a whole bunch of mysterious IP addresses who connected to my FTP server, and had been using it as a Warez Joint over the past couple of days. I quickly shut down the FTP server and moved over to an encryption-based system instead.

      So that was one example where a bitch-fest from the ISP actually help me quickly shut down a problem :P

  • by Eyah....TIMMY ( 642050 ) * on Thursday January 08, 2004 @03:07PM (#7917960)
    I have Adelphia cable [adelphia.com] and found the following in their Access Agreement [adelphia.com]:

    "Traffic Consumption Allowances: Adelphia has the right to
    monitor, measure and report bandwidth consumption by You. Adelphia
    reserves the right to establish, modify and/or enforce consumption
    allowances at any time now or in the future, with or without notice, and
    apply a surcharge for excess usage."

    This means they can say at anytime you are downloading too much, without even telling you how much is too much. They don't need to give you any download cap.
    I haven't received a letter yet but I have friends who did... people might want to start thinking about limiting their download, especially with the very popular dvdr newsgroups. It does take 5 GIGs of download per movie. You can easily let newsbin download at 300k/s 24/7.

    Download wisely...
    • Cox Cable (Score:5, Informative)

      by WTFmonkey ( 652603 ) on Thursday January 08, 2004 @03:18PM (#7918237)
      http://support.cox.net [cox.net]
      Here are some tidbits from their stuff:
      What is the speed, of my Cox High-Speed Internet service?
      Downstream data moving from the Internet to your computer is configured at 3 megabits/second (Mbps). Upstream data moving from your computer to the Internet is configured at 256 kilobits/second (Kbps). By setting the network equipment at these levels, we are able to deliver consistent high-speed Internet service.
      I bought an 'unlimited' service. I asked you if the Cox High-Speed Internet service is rate limited, and you said no. This doesn't sound like the 'unlimited' service I signed up for. What happened?
      Cox provides, as advertised, unlimited access to the Internet. However, Cox neither advertises nor provides unlimited service; as bandwidth is a finite commodity. Cox High Speed Internet is still advertised as being "downstream speeds up to 100 times faster than a 28.8 telephone modem" and remains the best service, quality, features, and speed for the price.
      1. Maximum downstream speed: 3 megabits per second

      2. Maximum upstream speed: 256 kilobits per second
      3. Maximum monthly consumption cap: 30 gigabytes downstream; 7.5 gigabytes upstream
      4. Size per email message: 5 megabytes
      5. Size per email account/address: 10 megabytes
      6. Personal WebSpace account size: 10 megabytes of disk space per email address
      7. Personal WebSpace traffic: 300 megabytes of traffic per month (for visitors viewing your pages)
    • by Total_Wimp ( 564548 ) on Thursday January 08, 2004 @03:23PM (#7918355)
      "download wisely" my ass. If they have some mysterious "limit" that they can choose at their whim without even telling you then I would tell them to go to hell.

      Check this out:

      1. My long distance carrier says I have to pay by the minute and I monitor my usage very carefully.

      2. My local carrier says I can have unlimited time on the phone for a flat rate so I don't monitor the usage.

      Your broadband carrier essentially promised you number 2 but is treating you like you've got number 1 and you're saying you're more than happy to LIMIT YOURSELF while they continue to imply to new customers that there's no limit.

      You're a fool. Insist they give you a posted limit or use as much as you want. Don't limit yourself for their benefit unless they're willing to be straight with you about exactly what you're paying for.

      TW

      • by Tenebrious1 ( 530949 ) on Thursday January 08, 2004 @03:48PM (#7918862) Homepage
        2. My local carrier says I can have unlimited time on the phone for a flat rate so I don't monitor the usage. Your broadband carrier essentially promised you number 2 but is treating you like you've got number 1 and you're saying you're more than happy to LIMIT YOURSELF while they continue to imply to new customers that there's no limit.

        Not quite. Hook your modem up to #2. How much data can you transfer? A max of 56kbps. You get unlimited connection time, but the amount of data is capped at 56kbps. The same logic applies to "unlimited broadband". You have unlimited connect time, but the amount of data you can send is capped, although this time not by the technical limitations of the line (although you may be capped there as well) but an arbitrary limit set by the ISP to ensure the *average* user has enough bandwidth but still make boatloads of cash.

  • by Anonymous Coward on Thursday January 08, 2004 @03:07PM (#7917965)
    if you have unlimited bandwidth in your contract, you should fax them a copy and stick it to them.
  • by TechnoVooDooDaddy ( 470187 ) on Thursday January 08, 2004 @03:08PM (#7917979) Homepage
    you got a contract when you signed up for service.. if it fails to specify a bandwidth limitation, this is a scare tactic and nothing more..

    • by BlueGecko ( 109058 ) <benjamin.pollack@ g m a i l . c om> on Thursday January 08, 2004 @03:14PM (#7918154) Homepage
      Most of those contracts include a clause such that they are allowed to modify the contract without notifying you beforehand. I scratch out this clause on any contract, xerox it for my records, and send it in, and they normally don't complain (and, when they do, they normally are amenable to the change anyway once I explain my position). That's an effective way to get around the problem. However, if you did not modify the contract, you probably have no recourse this time around.
      • by garcia ( 6573 ) * on Thursday January 08, 2004 @03:57PM (#7919044)
        oh horseshit, plain and simple. They might not complain but they aren't going to allow that non-sense to work.

        ISPs are companies. They have the right to refuse you service AT ANY TIME. That means that if you go over their bullshit, invisible, meaningless number of a download limit then they can shut you off.

        No if, ands, or buts about it.

        You can scratch this, scratch that, write this, write that, sue, complain, whine to the worthless BBB, whatever. IT DOES NOT MATTER.

        They are monopolies giving us no choice but to use them and then they are allowed to refuse us service because we violated some randomly generated number.
      • by debrain ( 29228 ) on Thursday January 08, 2004 @08:06PM (#7922553) Journal
        These clauses may not be enforceable for a couple of reasons. First, there is no consideration to the modification of the contract on your part. Without consideration of both parties, it is not a legally enforceable promise (save a few exceptions). Second, if it fundamentally alters the contract, it can be considered a "fundamental breach", and is equally unenforceable, and you may have a case for their breach. However the remedies for these breaches may be as simple and useless as simply breaking your contract. However, they may be very complex and involve years of compensation, such as how people are now suing Canada Post for the $9.95 internet for life, expecting $23 per month in compensation for lost service.
    • by TrippTDF ( 513419 ) <{moc.liamg} {ta} {dnalih}> on Thursday January 08, 2004 @03:20PM (#7918285)
      you got a contract when you signed up for service.. if it fails to specify a bandwidth limitation, this is a scare tactic and nothing more..

      I don't know about "scare tactics". If they want to terminate hi service, they can. If you want to travel down a road of costly litigation, then maybe you could have your service re-instated. But why bother, as most people do have access to several providers these days. Just go with another one.

      I'm sure that eventually there will be a regulation on this sort of thing, as more and more people slowly start to use more bandwidth on a regular basis (Us geeks will always be in the forefront, though). Right now it's not a major issue for most people. There is a mean about of usage, and ISPs go by those figures. As the about of bandwidth required rises, so will that mean.
  • torrent client (Score:4, Insightful)

    by Anonymous Coward on Thursday January 08, 2004 @03:08PM (#7917983)
    Get a torrent client that lets you limit the speed and users, then you can still help but regulate it.
  • by Megor1 ( 621918 ) on Thursday January 08, 2004 @03:08PM (#7917987) Homepage
    It's a great idea (for the ISP's) they cull the worst 1% of their users (which usually take up way more than 1% of the bandwidth) and are left with users that pay for a super fast connection to check their E-mail once a week. I'd be interested to know what the going rate is for a 1 GB transfer. At what point are you costing the cable/dsl company money?
    • This kinda makes sense until you look at the numbers more.

      If you cut off the top 1% of your users and sample the remaining it will still look like you should cut off another 1% since they are now the top talkers.

      For every porn maniac downloading gigs of porn you have a bunch of other users at the bottom 1% who check mail once a day and thats it.

      You will always have a top 1% and a bottom 1% of users. This is just the same as dial-up and all you can eat buffets. If its advertised as unlimited it should b
      • by Swanktastic ( 109747 ) on Thursday January 08, 2004 @04:05PM (#7919211)
        If you cut off the top 1% of your users and sample the remaining it will still look like you should cut off another 1% since they are now the top talkers.

        I think the original poster is saying the ISP is correct to trim the unprofitable customers, not that you should constantly be trimming your top 1%. If you're running a software company and one of your clients is constantly tying up the free tech support line, you might think twice about continuing their contract...

        It's a little funny because this turns normal marketing tactics on its head. The 80/20 rule of marketing is that 20% of your customers will require 80% of your volume. This is probably roughly accurate with cable modem service. Normally, companies kill to acquire these 20% (high value customers). However, when you're operating in a fixed fee structure, these are your worst customers and (if they cost more than their incremental revenue) they should be moved out of your franchise.

        The problem with providing the carte blanche of true unlimited service is kind of infamous: Proper pricing creates a death spiral. If you raise prices to compensate for increased usage, the only folks left will be the bandwidth hogs. You'll then need to raise your prices even more, but then only the worst offenders will be left. Health Insurance works the exact same way. If prices are very high, only the sickest (most expensive customers) will remain on a plan because the price is still advantageous for them. This in turn makes cost of coverage higher. and so on...

  • Village Media Cable (Score:3, Informative)

    by Valiss ( 463641 ) on Thursday January 08, 2004 @03:08PM (#7918001) Homepage
    Here in N. California, our provider (Village Media) doesn't send us letters. They simply just cap the bandwidth. I get about 150 KB/sec down and 100 KB/sec up. And as far as broadband goes, that isn't that great. However, since we are in an apt. complex, we don't even get a choice or say in what service we use.
  • Comcast (Score:4, Funny)

    by mekkab ( 133181 ) * on Thursday January 08, 2004 @03:09PM (#7918004) Homepage Journal
    I just got an email from comcast saying "we've upgraded your broadband connection at no extra charge! Just unplug your cablemodem, wait 60 seconds, and then reconnect!"

    Has anyone else gotten one of these? Maybe its just my area got an upgrade, but it seems you and I have far different ISPs.
    • Re:Comcast (Score:3, Informative)

      by slash-tard ( 689130 )
      Yes comcast is doing this all over, I can download at 350K/sec now up from about 250.

      Comcast still sends these warnings out. They are trying to get more customers, they just want customers that dont use it much. From what I understand the policy and warnings seem to happen more in certain areas though.
    • Re:Comcast (Score:3, Informative)

      by Enry ( 630 )
      I got it a few weeks ago. Sure enough, I went from about 1700k -> 2700k download, 128k -> 256k upload.
    • Re:Comcast (Score:4, Interesting)

      by foobar77 ( 664261 ) on Thursday January 08, 2004 @03:29PM (#7918488)
      I haven't received an official Comcast notice, but recently noticed that my IP address changed. I know they do this when they need to rebalance the load. I had read that Comcast is increasing their bandwidth to help resist the downward pressure on price. Anyway, I decided to recheck my bandwidth. Back last Sept I had 316kbps on download and 223 kbps on upload. As of mid-December I had 1.7 Mbps download and still around 247 kbps upload. A nice improvement, and it does take away some motivation to shop for better prices.
    • Re:Comcast (Score:4, Informative)

      by LostCluster ( 625375 ) * on Thursday January 08, 2004 @04:16PM (#7919431)
      This is a national effort by Comcast to raise their rated speed from 1.5 Mbps to 3 Mbps downstreams. In communicating with my own dedicated server at a fast hosting company, I've actually had sustained transfers at 3.75 Mbps. They are really rolling out a good upgraded network.
  • Check the fine print (Score:4, Informative)

    by Stonan ( 202408 ) on Thursday January 08, 2004 @03:09PM (#7918012) Homepage
    When you signed up there should have been a terms of service agreement. If there's nothing stated about the bandwidth limit then you have nothing to worry about. I live in BC and had the same thing from my ISP. I asked them to show me the document that stated what the limits were. They said they didn't have anything in print so I told them they didn't have a leg to stand on. Cut me off and I'll take you to court.
  • by drinkypoo ( 153816 ) <drink@hyperlogos.org> on Thursday January 08, 2004 @03:09PM (#7918016) Homepage Journal
    And I have BT running pretty much all the time. Right now I'm downloading at ~100kB/s and uploading at ~25kB/s which is pretty much typical. Besides that I have also done a lot of FTPs which last all night and into the morning, maxing out my downstream (which is 1.8Mbps.)

    I use Comcast in the Sacramento area. They are supposedly bumping us to 3Mbps/384kbps. I can't wait :)

  • by sllim ( 95682 ) <achance.earthlink@net> on Thursday January 08, 2004 @03:10PM (#7918029)
    Just out of curiosity, I have noticed that whenever I see these stories they are always associated with cable broadband.

    Anyone with a nice fast DSL connection ever gotten one of these things?
    • Nope. However, at one point, my ISP decided that not enough users accessed their Usenet server to bother maintaining it. I was not prepared to give up my news browsing, so I volunteered to host their newsfeed for no charge - as long as they took the appropriate steps to get their upstream feed to recognize my little server as a legitimate connection.

      Everybody won. Their customers get to keep their free Usenet access. The ISP gets to provide an additional service at no cost to themselves. I get a connection that's rock solid, responsive tech support, and no bandwidth hassles.

    • by Malor ( 3658 ) * on Thursday January 08, 2004 @03:45PM (#7918804) Journal
      The companies that are fundamentally built around selling you something that they can't actually provide are the ones complaining. A good provider, like Speakeasy, doesn't care what you do with your connection, because they are paying for enough upstream bandwidth to handle your traffic.

      Speakeasy doesn't say 'unlimited', they sell you bandwidth, and you can do whatever you want with it. Run servers, do VPN, run Bittorrent 24/7 -- it's all good. It's your bandwidth, you paid for it. As long as it's legal and isn't disruptive to other users, Speakeasy is happy to have you as a customer. (ie, you can't DOS people, spam, or scan/attack networks you don't own/manage, but pretty much anything else goes.)

      They're linux-friendly, can do either DHCP or static IPs, have good latency, essentially zero packet loss, and they're happy to HELP YOU share your network connection with your neighbors.

      As far as I'm concerned, Speakeasy should be considered the Gold Standard in ISPs. Obviously, they can't reach everyplace cable does, but if you can get Speakeasy and aren't, you may be doing yourself a disservice. Yes, they're probably a little more expensive than your current provider, and you probably won't be able to download as fast as you sometimes can on cable, but you will always get the bandwidth you were promised, you'll get low latency, good support (although the web-based support is pretty slow about responding.... call them if you're in a hurry), and best of all, you'll never get The Letter.

      Some local providers can be great, too. Sonic.net in Northern California was excellent when I was there five years ago, and my brother says they're still great now. But national providers, by and large, suck rocks.

      BTW, my relationship with Speakeasy is strictly 'I send you money, you give me bandwidth.' Other than that, I'm not affiliated with them. I'm just a very happy customer.

  • Cap your BT upload? (Score:5, Informative)

    by theRhinoceros ( 201323 ) on Thursday January 08, 2004 @03:10PM (#7918030)
    How about

    btdownloadcurses --max_upload_rate ($something more reasonable)?
  • Challenge them. (Score:5, Interesting)

    by wowbagger ( 69688 ) on Thursday January 08, 2004 @03:10PM (#7918036) Homepage Journal
    Challenge them. Pull out your copy of your service agreement, and verify that there is no statement of limits on that.

    Then verify the on-line copy, since they will claim that is the controlling version.

    Assuming you cannot find a statement that says "You agree to use not more than X bandwidth per Y period of time", then challenge them. Inform them that unless they can show a contract, with your signature, that binds you to that agreement, you will consider any termination a breach of contract and will pursue it as such.

    Make them tell you exactly what the limits are, and what you usage is.

    This is classic modern business - "Try to screw them, since they don't know their rights. If they bitch, back off."

    BUT MAKE SURE THEY DON'T HAVE A LIMIT IN THE AUP FIRST!
  • Bittorrent (Score:4, Insightful)

    by Mancide ( 30030 ) on Thursday January 08, 2004 @03:11PM (#7918056) Homepage
    It's nice you are sharing legal software with others. Kudos to you. But don't expect them to beleive this is nothing illegal, and don't expect them to allow you to pay $49.95 or whatever for 100 times the average. I'm sure if you were 2 or 3 probably even 10 times the average, you'd be ok, because, after all it's an average. But when one or two people are sending that much traffic over their network, it's raising their cost, and eating into everyone's pocket, because the only way to recover would be to raise all subscribers prices.

    If you have another choice for a provider, check their AUP. If not, either accept the terms of the AUP and not leave Bittorrent open for the whole month, or go back to dailup.

    Remember, you don't have a right to broadband, so use it wisely.
  • Your Provider (Score:3, Interesting)

    by Marnhinn ( 310256 ) on Thursday January 08, 2004 @03:13PM (#7918112) Homepage Journal
    I have a broadband account with CableOne.net - they have a similar policy written into their fair use aggreement.

    "You must comply with the then current bandwidth, data throughput, file storage and other limitations on the Services. Users must ensure their activity does not improperly restrict, inhibit, or degrade any other user's use of the Services, nor represent (in the sole judgment of Cable One, Inc.) an unusually large burden on the network itself. The Cable One network is designed for typical usage by a computer user seated at his or her keyboard. Computer activity resulting in excessive or sustained bandwidth consumption such as from unattended computer activity may burden the network and such usage may be restricted. Cable One may, without notice, modify the speed, interrupt, or prohibit such data traffic. In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede Cable One, Inc.'s ability to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services."

    As I am an extremely active user - I too host things on bittorrent alot. When I got my account with them I spoke with one of the people in charge and explained out in advance - they aggreed to amend my account. I think it is a matter of communication - you have to let them know that you are an above average user in advance. Most broadband ISP's - that suddenly experience huge changes in bandwith from one user would get interested given the amount of machines that are highjacked to send spam.

    Anyhow - I would consider switching providers if they will not tell you what the limit is (something I hate about my provider - they are very vague - does anyone know of a company which is specific?).
  • by synth7 ( 311220 ) on Thursday January 08, 2004 @03:13PM (#7918115)
    ... and set up a shaper on your ISP link that slows down your outbound BitTorrent traffic. Me, I use a SmoothWall [smoothwall.org] box with a regular old Wondershaper [lartc.org] script. Keeps my DMZ traffic in line (so it doesn't choke my isp link) and works well enough for a system that you don't have to twiddle the knobs on too much.


    (Yes, I read the docs for tc, and I'd love to have an HTB shaper instead of the standard qdisc one I use, but I'm too busy to spend that much time for the small advantages a truly custom firewall box would offer.)

  • My ISP (Score:3, Interesting)

    by schnits0r ( 633893 ) <nathannd&sasktel,net> on Thursday January 08, 2004 @03:13PM (#7918116) Homepage Journal
    They gave me a letter like that. Appearently 51 GB outbound and 6 GB inbound per month was "too much strain on the system".

    Then they called my house to "figure it out". I told them it was a hacker got in my computer. They bought it. But long story short, don't run an FTP server on Shaw Cable [www.shaw.ca] networks (even if it is on a non standard port).
  • Same Problem (Score:3, Interesting)

    by darkstar949 ( 697933 ) on Thursday January 08, 2004 @03:13PM (#7918125)
    I have known many people that have had the same problem (Both on a college campus and at a private home) and the biggest problem seems to be the lack of what they define as excessive. If you have a broad-band connection that is always maxed out, then yes, they might have some reason for concern if it is not a commercial connection; but if you are a home user that had "excessive usage" because you were downloading/uploading Linux ISO's one month and don't consistantly use alot of bandwidth then they should have no reason to bother you.

    However, I think that one of the biggest problems is the lack of information on exactly how much they say you are using - without telling information it is hard for them to define what excessive usage is and give you a baseline to modifiy what you have running. In short I think that the contract needs to define what excessive usage is in terms of bandwidth; and the ISP should provide you with some means of seeing how much you are using.

  • Broadband (Score:4, Interesting)

    by Crazieeman ( 610662 ) on Thursday January 08, 2004 @03:13PM (#7918134) Journal
    The contract I bought and paid for was 10/10mbps down/up from Multimedia/Roadrunner and unlimited usage. This was in August 1999.

    Enter Cox. Hostile takeover. Changes contract, 3mbps down/256kbps up, 2GB/day max usage and/or 30GB/month.

    I won't even get into their reliability.

    However, I have not received any such complaints, and I tend to take down somewhere around 30-35GB/month (best guess, I have a convoluted network setup). I have yet to see policy enforcement. I hope I don't see policy enforcement, and I try not to push it beyond 35GB/month.
    • Re:Broadband (Score:3, Interesting)

      by Cynikal ( 513328 )
      30gb per month is pretty generous actually, my first cable isp had a hard limit of 6 gigs down a month (2 gigs up), monitored and enforced automatically, and the first 100 megs you go over that limit, you're automatically billed $10.. and then for each and every 100mb... oh and if you downloaded 6 gigs and 3kb in one month, you would be charged $10...

      REALLY nice surprise one day when their software screwed up and reported that i had downloaded over 12 gigs one month, the bill was in the hundreds... i calle
  • Outside of the US?? (Score:3, Interesting)

    by millahtime ( 710421 ) on Thursday January 08, 2004 @03:15PM (#7918158) Homepage Journal
    Is there anyone outside the US that gets these kinds of letters from their providers???

    Don't eastern (Japan, Sough Korea, etc) countries have faster connections and move even more data then US users do??
  • by supabeast! ( 84658 ) on Thursday January 08, 2004 @03:15PM (#7918160)
    I have a question for people who get these messages: What services are you using all of the bandwidth for? I know that I usually pass the two and three gigabyte limits many providers are enforcing with my cable modem, but mine is spread around all over the place-in other words, I'm not using P2P apps or downloading a whole lot of iso images via FTP. For those of you who are getting letters, what are you doing with the bandwidth, and how much of it are you using to download movies/software/music without paying for it?
  • Broadband generation (Score:3, Interesting)

    by pacman on prozac ( 448607 ) on Thursday January 08, 2004 @03:15PM (#7918174)
    Much the same here, my ISP recently had to bring in 1gb/day 5gb/week caps since they oversold their bandwidth so badly.

    I'd be happy if they set reasonable limits and just charged per gb over that if their charges were similar to those from most hosting companies around here.

    They don't seem to though, perhaps they only have a small % of heavy users and its not profitable for them to setup the traffic billing system and easier to just tell those users to f~ off.
  • by rayzat ( 733303 ) on Thursday January 08, 2004 @03:16PM (#7918193)
    It has happened a couple of times now where my cable modem has just stopped working, when I give TW a call they say it is because I have downloaded an excessive amount of data and should stop, because I was most likely downloading music, which I wasn't I was downloading massive waveforms from work. I asked what acceptable was, they responding with Road Runner is inteneded to give people constant access to email and regular webpages. streaming media and mp3's should not be downloaded with roadrunner. Go figure, broadband is for the stuff a modem can get in seconds.
  • Capping sucks (Score:4, Interesting)

    by Per Wigren ( 5315 ) on Thursday January 08, 2004 @03:16PM (#7918203) Homepage
    Luckily I don't know about anyone who has gotten those warnings here in Sweden and I hope the Swedish ISPs will continue to be as liberal as in the past. Really, high quality (1,5 megabit/sec) moviestreaming (although pay per view) is one of the things Swedish ISPs use to market their services.. And there is a big VDSL competition among the biggest ISPs right now (Bredbandsbolaget, Bostream and Telia) getting more and more aggressive (you can get uncapped 26 megabit both up and down for $30/month).. I don't think they dare to get a bad reputation until that race is settled.. If one of the ISPs get a reputation for harrassing P2Pers they will just switch to one of the other ISPs.
  • by DuckDuckBOOM! ( 535473 ) on Thursday January 08, 2004 @03:18PM (#7918232)
    What ISP are we talking about??? Speakeasy (mine) has an explicitly casual policy regarding excessive use. That's one of the reasons I signed with them; my usage is pretty volatile, and if I need to download a few ISOs I don't want to have to spread it out over several weeks, or have the Piracy Police second-guessing my activity.
    So if that letter came from Speakeasy, I'd like to know.
  • by teamhasnoi ( 554944 ) <teamhasnoi AT yahoo DOT com> on Thursday January 08, 2004 @03:19PM (#7918259) Journal
    due to some missed upgrade of my DSL modem, my download and upload speeds have been reversed. I u/l at 760 and d/l at 128.

    Most people would be "HEY! THIS SUCKS! FIX IT!" to their ISP. I have decided to hold off for a bit.

    I am often bittorrenting and VNC home from work - this speed has been only a boon for that stuff. Bittorrent never gave me the speeds I get now, and everyone on the other side is my new best friend. At work, I often have to upload giant inDesign files and hundreds of megs of photos. From work (with the normal speeds in place) such a task was estimated at 10+ hours. From home, it took an hour. Nice - less babysitting from me, and I get to go home early.

    That said, I wonder why I *haven't* gotten a letter since my upload speed is beyond even the top level service they offer, and is often maxed out.

    The nice thing is that this is their fault and not me 'hacking' it.

    I wish this was a 'feature' that I could choose on a web interface: "Choose 760dl/128up or 128dl/760up".

    That would be great for the times when I want to dl the newest trailer from Apple, then switch over when I am uploading files to my websites, or running an Unreal server for pals.

    • As I have mentioned before... (Score:4, Interesting)
      by teamhasnoi (554944) on Thursday January 08, @02:19PM (#7918259)
      due to some missed upgrade of my DSL modem, my download and upload speeds have been reversed. I u/l at 760 and d/l at 128.
      Most people would be "HEY! THIS SUCKS! FIX IT!" to their ISP. I have decided to hold off for a bit.

      I am often bittorrenting and VNC home from work - this speed has been only a boon for that stuff. Bittorrent never gave me the speeds I get now, and everyone on the other
  • Your PC (Score:5, Funny)

    by chunkwhite86 ( 593696 ) on Thursday January 08, 2004 @03:19PM (#7918264)
    "I just came home from work to find a letter waiting in the old snail mail box from my Broadband ISP. It has very nice titling on it: 'Notice of Acceptable Use Policy Violations' and also has an 'Abuse Ticket Number' associated with it. Has anyone else received these from their Broadband ISPs lately? Are they being overly cautious or are they working towards throwing off any users who might possible tax their network? I am trying not to be paranoid about this, but what are other people seeing and/or doing in this situation?"

    FYI- I've been using your PC to relay spam for about a year now. Just let me know what the acceptable use limits are and I'll cap my uploads accordingly. Thanks.
  • Cablevision (Score:3, Informative)

    by op00to ( 219949 ) on Thursday January 08, 2004 @03:20PM (#7918292)
    In Cablevision (Optimum Online) cable modem land, they throttle your upstream bandwidth down to 10KB/sec when they think you're up to no good. No notice, no nothing. If you want to get back to full speed, you need to call them up, and then sit around till they call you back. Then, once you're on the phone with the head goon, he will chastise you for a bit about how you're doing bad, and grudgingly let you back on "just this once".
  • Sympatico Canada (Score:3, Interesting)

    by addie ( 470476 ) on Thursday January 08, 2004 @03:22PM (#7918326)
    Gives me a 10 Gb limit (each way) per month. Each gig above that costs approximately $8. While I don't find this limit too much of a problem (there are only so many torrents I can let fly at once) I do object to the fact that these limits are NEVER advertised.

    I had to look through the fine print at the back of the manual they sent me to find what the limits were, and also found a URL that tracked my usage for me (useful, I admit).

    Gotta look at it from the perspective of the ISP. They can't possibly support all the activity of the torrent/warez kidz, and if they don't impose limits it's going to fall on the backs of the regular users. Isn't 10 Gb enough? If everyone was actually using the net for legal purposes, I'd imagine only a very small minority would be finding that limit constricting.

    I say this is all fair, though it should be made much more clear to the consumer what they're paying for at the time of sign-up.
  • Comcast's AUP (Score:4, Informative)

    by x_man ( 63452 ) on Thursday January 08, 2004 @03:22PM (#7918332)
    Here are some snippets from Comcast's AUP. Say farewell to free speech:

    (ii) post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;

    >>If we don't like you or your opinions, we can pull the plug.

    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.

    >>BitTorrent? You're one of those hackerz aren't you? *Snip*

    Full link is here:
    http://www.comcast.net/terms/use.jsp
  • by Fallen Kell ( 165468 ) on Thursday January 08, 2004 @03:25PM (#7918392)
    Ok, here is the deal. Comcast has been sending these out over the last few months. There are several HUGE discussions ongoing right now at dslrating.com in these forums. (sorry, I don't have the time to find and link to them). Basically the jist has been that the people they are sending these out to are ones that do not have an alternative source for broadband (or at least a "competitive source"). This is the only real trend that people have been able to discover. The other trend is that unless you SEVERLY DECREASE your downloads (i.e. basically pull out the plug from your connection for the next 3 weeks for 24 hours a day), you will most likely be terminated and/or forced to pay an additional fee and deal with their support people (well not really the support people but their violations people). The main complaint is that they are advertizing as unlimited downloads, when in fact they mean "read your email and browse to cnn.com, and/or msnbc.com, but if you do anything else with your bandwidth you will be violating the TOS". But like I said, it seems to be targeted at areas that do not have alternatives like DSL or other cable modem broadband services (because they would definitly lose their customers in those areas).
  • by 93 Escort Wagon ( 326346 ) on Thursday January 08, 2004 @03:31PM (#7918540)
    I am pretty confident in speculating that your service agreement (and that of most of the other folks complaining here) specifically prohibits running a server. If you're keeping BitTorrent going most all the time, you are basically running a server. Also, I would guess that a number of you are running honest-to-goodness servers of other sorts.

    If I'm on the mark here, all the talk about your provider violating their terms of service is rather disingenuous.
  • by interiot ( 50685 ) on Thursday January 08, 2004 @03:32PM (#7918546) Homepage
    If you're a cable modem user, it's very likely that your cable modem supports reporting all sorts of statistics over SNMP. If you can look at these numbers, they're very likely to be the exact same numbers that your ISP is looking at. DocsDiag [ntlworld.com] prints out SNMP cable modem info in a nicer format than usual. But more importantly, it includes a lot of helpful info on hooking up to the cable modem to begin with. In some cases, you may have to google or search dslreports to get the community string for your ISP, but other than that, it's all on that page.

    After that, you can go further and use the raw snmp tools to write perl scripts which do pretty graphing or logging or whatever. In my case, with a InsightBB cable modem, these two commands display the total number of bytes in and out:

    • snmpget 149.112.50.65 ihkstk88 interfaces.ifTable.ifEntry.ifInOctets.3
      snmpget 149.112.50.65 ihkstk88 interfaces.ifTable.ifEntry.ifOutOctets.4

    (where "ihkstk88" is insightbb's community string, 149.112.50.65 is the hard-coded internal IP that my cable modem responds to)

  • by linuxpng ( 314861 ) on Thursday January 08, 2004 @03:33PM (#7918579)
    and it's best to fight fire with fire. File a complaint with the FCC. I had to do this over the reliability with my bellsouth connection. They advertise "always-on" but my connection dropped 10-15 a day.

    when you file a complaint like that, you should get someone from the office of the president of that company. It should put them right in their place.

    http://www.fcc.gov/cgb/complaints.html
  • by myowntrueself ( 607117 ) on Thursday January 08, 2004 @03:42PM (#7918745)
    would use so much bandwidth?
  • by texchanchan ( 471739 ) <ccrowley@gmail . c om> on Thursday January 08, 2004 @03:45PM (#7918793)
    The subscribers of the wireless ISP that I work for reach the monthly limit of 5 GB for three reasons:
    • Virus, worm, or trojan (malware).
    • File sharing software set up with default configuration (thereby becoming a server to the world, usually without knowing it).
    • Genuine heavy usage.
    When we realize someone is using a ton of bandwidth, we give them a call and see if they know it. About 60% of the time, it has been an infected computer. We get them to run the Symantec cleanup tools, and suddenly their usage drops to invisibility like most other normal customers. Another ~40% have set up a music-swapping program and don't realize they are sending out files all the time. ONE customer turned out to be downloading music all the time. When he saw his usage stats, he upgraded his account to commercial level and everybody was happy.

    Among normal users, even gamers and teenage kids whose usage is intermittently high don't reach the limit. Gamers run the graph up briefly, and a download of an ISO runs it up. These people know more or less what they're doing, and are not a problem. It's the clueless being used by outsiders that are the problem, in our experience.
  • by mnmn ( 145599 ) on Thursday January 08, 2004 @03:55PM (#7919014) Homepage
    When you buy bandwidth, its like you have at your disposal that whole bandwidth for the period you paid for. If you cant use that bandwidth, then you DONT have that bandwidth at your disposal.

    An ISP buys a 100-mbit usage permanent connection with some backbone and resells it. They sell 1-mbit DSL connections to 300 customers (considering on the average, a customer uses his Internet for 8 hours a day). But the ISP realizes theres no shortage of people who will only use the connection for 1 hour a day but will pay for the full connection, so they figure, scare away the heavy users and keep the 1-hour users, and you can have 2400 customers. Now THATS profit.

    The major problem is even those customers wont buy the service if you advertise 1 hour Internet per day, you HAVE to advertise unlimited high speed.

    So what are they left with? Threaten the ones with P2P software and servers, block port 25 and 80, and use QoS to slow down the gamers. Tell them its all for security. Another possibility is to reset their connections after several hours and give them a new IP... the DHCP leases expire rediculously fast.

    And of course, implement bandwidth caps, after sending out one email warnings. Then charge them up the wazoo. That sure beats getting more customers... just overcharge the current ones.

    The Internet was cheaper mbit for mbit 4 years ago in Toronto. Rogers and Sympatico have paired up to royally screw the populations, and whats troubling, all those smaller ISPs have to buy their bandwidth from Bell, owner of Sympatico.

    So my friends, as soon as this monopoly is broken, in any city or country, you can imagine the bandwidth costs just plummeting. Over time just like moores law, we get more cables laid, better cisco and Juniper routers installed, more chinese satellites launched, and more bandwidth available, so theres all the reason for the costs to come down in a smooth curve. Seeing Internet prices jacked up for 4 years straight means someones getting filthy rich, and as soon as that monopoly goes, competition will make it all that much cheap.

  • Comment removed (Score:5, Interesting)

    by account_deleted ( 4530225 ) on Thursday January 08, 2004 @04:02PM (#7919142)
    Comment removed based on user account deletion
  • Cable is shared... (Score:5, Informative)

    by circusnews ( 618726 ) <steven@stevensan t o s . com> on Thursday January 08, 2004 @04:02PM (#7919143) Homepage
    I don't think that the cable companies care as much about how much bandwidth we are useing, as they do about how other users are being effected by the bandwidth we use. We have to remember that cable (unlike DSL) is a shared resoure, and our useage effects others around us.

    I have Cox high speed internet. In my neighborhood, I am one of only 6 people on the cable ring with high speed cable internet (most of my neighbors with broadband either have DSL or use the other cable provider in town, who until last week offered twice the speed as Cox. I live in apt where the other cable co does not service, and DSL is 44.5 feet away...) However, because there are so few other internet users on my ring, I can use as much bandwith as I want without my use really effect any one else on the local ring. For the last 3 months I used well over 40GB of traffic, no letters of complaint, no calls, nothing.

    I have a few friends who live on the other side of town that get letters for using over 20GB/month. One of them is a comercial account that specifies they don't have a limit, but they get letters anyways. Their local ring is fairly saturated, and we know neighbors on the ring are complaining of slow speeds. It seems that after every batch of complaints that they take action. YMMV.
  • by OrangeTide ( 124937 ) on Thursday January 08, 2004 @04:03PM (#7919168) Homepage Journal
    You might have thought you were buying 1.5Mbit link, but ISPs were only intending to sell you 15kbit (perhaps an exageration, perhaps not!). I sympathize with ISPs that lose money on a customer if they use 100% of the available bandwidth all the time. Of course, the amount of money they make on a "normal" customer is insane. Really, normaly people will go online for a few hours a day and spend most of their time reading/browsing the webpage rather than actually downloading.

    Personally I think ISPs should advertise not only their peak bandwidth rates, but their maximum amount of transfer per month. If it's a condition of your service, they must state it clearly BEFORE you buy it. It's not always easy to find this information out before you buy either, I've called ISPs and they actually lied to me claiming there is "no limit", but when I get ahold of their acceptable use policy the limit is mentioned (but not always clearly stated).

    Perhaps as customers we should demand a clear and easy to understand metric (not this 95th percentile stuff business ISPs use either). But something obvious like "10Gbyte/month combined(in both directions)". And a customer should be allowed to view, at any time, their current usage statistics.

    Oh well it's wishful thinking (although some cable modem providers use this kind of metric in their AUP, they don't usually openly advertise it).
  • Simple Solution (Score:5, Insightful)

    by C10H14N2 ( 640033 ) on Thursday January 08, 2004 @04:11PM (#7919327)
    Purchase a business-grade account.

    That's what I did. They start at just over $100/month from most carriers.

    Really, if you're sucking up 300kb/s upstream and downstream every single second of the day, you're transferring a terabit per month. If you think that's only worth $49.95, methinks thou doth protest too much. I mean, really, a 155Mbps OC-3 costs, what, $30k/month? That would support roughly 500 people with a sustained suck of 300kbps. That's about $60 each, meaning your ISP would lose about $5,000 for every 500 users who think they should only pay $0.03/Gb/month. Come on. THREE CENTS Gigabit? Regardless of if they say "unlimited," try to be real here.

    You can get a 384kbps synchronous line with a service level agreement from Covad for like $160/month. That's 2Tb/month for $160 or roughly 12Gb/$1 or EIGHT CENTS per gigabit. Oh, the pain, the pain.

    Think of how many WinMX/Gnutella/Kazaa users are out there before you think "but I'm an ubergeek, I'm the exception not the rule." Everytime you're using a WiFi hotspot and feel like you're on a 300bps analog modem because there are fifteen !#^%!ing Kazaa idiots sucking up the entire outbound line, just multiply that over your ISP. When you're done, write the stinking $160 check and get over it.
  • by cdn-programmer ( 468978 ) <(ten.cigolarret) (ta) (rret)> on Thursday January 08, 2004 @04:17PM (#7919448)

    First off - the internet content is clearly dropping because the telecomunications uindustry has found a way to sit on the golden egg and squash it.

    Second - it is quite clear that the telecommunications carrier technology is about as computerized as any other aspect of the tech revolution and hense they enjoy the same cost reductions as everyone else. The exception is that these cost reductions are generally not passed on to the customers.

    If you look here: Interconnection, Peering, and Settlements [potaroo.net] You can read a very good analysis of one aspect of the industry.

    The problem is that peering arrangements are "negotiated" and the flip side of this is that the organisation with the most power is able to generally impose ineterconnection fees on smaller organisations. This means that your ISP has to pay for bandwidth you use with no regard whatsoever to the cost of providing the capacity or for that matter Who is providing a service to whom

    Quoting from the paper: This assertion of role reversal is perhaps most significant when the generic interconnection environment is one of a zero sum financial settlement, in which the successful assertion by a client of a change from client to peer status results in the dropping of client service revenue without any net change in the cost base of the provider's operation. The party making the successful assertion of peer interconnection sees the opposite, with an immediate drop in the cost of the ISP operation with no net revenue change. "

    This means that small fish always pay big fish. It was pointed out in an Australia study that when the client of a small ISP sends an email to the client of a large ISP, that the small ISP pays the large ISP for the data transfer. When the client of the large ISP reply to the email then the small ISP pays again for the delivery. At the time this was used to evaluate a review of Australian Perring arrangments. I have not heard the results.

    Now - as it applies to you - it means that even though a fiber optic line for instance can easily carry say 100 mb/sec with the use of two allied telesyn ethernet to fiber line drives which cost under $1000 bux and will drive for over 75 km... and even though the cost of 6 pair overhead fibre cable for instance is only about 25% more than copper - and costs less than $1.50 per foot - that the telecomunications company who installs it feels they should be able to charge upwards of $50,000 bux per month for the rent of each "circuit". This is what your ISP faces. Wholesale usary charges.

    I calculated a while back that 100baseT is about 2/3 of a T3 (155mb/sec) and on a short haul dedicated circuit to connect our servers for instance to the local backbone - the local telco would recover their total capital outlay in less than a month. Of course - once the data from our servers is in their backbone they can ship it to their customers about as easily as if they had obtained that data from the POP's that connect into the US backbone.

    The simple matter is that if we for instance choose to co-locate in the US that our local telcos will be viewed as "customers" of the larger USA carries and be expected to pay very heafty fees to connect via the POP's (Point of Presence - IE a router). On the other hand any content their customer base obtains locally from our servers results in us paying them instead of them paying the USA. So they really try to put the screws on and their "bandwidth charges" would make you choke.

    What you are looking at is the consequence of a system that is totally broken and not in anyone's interests... not even the biggest carriers. The reason it is not in the biggest carriers interest is that in order to be the biggest carrier they have to overbuild and take on massive debt that they cannot in many cases handle. This is why PSINET for instance didn't make it.

    So we have stupid risks to be the biggest shark and everyo

  • by dybdahl ( 80720 ) <infoNO@SPAMdybdahl.dk> on Thursday January 08, 2004 @04:36PM (#7919737) Homepage Journal
    I know the rules for one ISP that provides "free traffic as long as it doesn't conflict with other terms". This very unprecise definition of "free traffic" should be understood like this:

    - They allow some customers to use extreme amounts of traffic compared to how much they pay. The turnover for some customers is as low as $1 per 1000 GByte bandwidth (!).
    - A lot of the bandwidth is free, because they are peering with other ISPs, so the customers can actually use enormous amounts of bandwidth and it doesn't cost them anything.
    - They don't want to kick customers because of bandwidth usage, because it gives a bad reputation.
    - Only those customers that use big amounts of bandwidth that costs them money will get warnings and eventually kicked.
    - It differs a lot from market to market (country to country), how many customers an ISP can kick without getting a bad reputation. It also differs, how much bandwidth costs - for instance, bandwidth is much more expensive in Germany than in Sweden and Denmark.

    I believe that many other ISPs think the same way. This means that:

    - Things like BitTorrent might be more acceptable to ISPs, if more bandwidth stays within the same ISP or to geographically close ISPs which have a higher probability of peering with the user's ISP.
    - Since users don't know who their ISPs do free peering with, it can be very difficult to determine, what amount of bandwidth that the ISP doesn't like.

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