Xanadoo suddenly discloses how low their bandwidthlimits are, which are impossible to stay under for normal usage. I don't even download, I use NETFLIX streaming movies and YOUTUBE alot.
I am writing you today in the hopes of improving internet service within our country. We are all aware of the current issues at hand with Comcast Telecommunications, Inc. and I'm sure we would all like to avoid more of those type of issues. I have had Xanadoo Wireless Internet for one week as of today, and I have already met with what I believe are unfair service practices. I was informed, as you may read for yourselves in this e-mail, that my service may be "throttled" or suspended due to excessive usage. I feel that this is an issue we are all involved in. Now is the time when our country is examining the practices of ISPs and current rules and regulations to attempt to determine what is fair to both companies and consumers. It is my belief that Xanadoo Wireless Internet has crossed the line from what is fair to a scam. Xanadoo uses a terms of service agreement which has somewhat of an umbrella clause. I quote, "You may not use the Service or take any
action that will result in excessive consumption or utilization of Xanadoo’s system or network resources, or which may weaken network performance, or which adversely affects the performance of the Service for other Xanadoo customers, all as determined in Xanadoo’s sole discretion. Such prohibited actions include, but are not limited to: using the Service to host a web server site which attracts excessive traffic at your premises, continuously uploading or downloading streaming video or audio, usenet hosting, or continuous FTP uploading or downloading. In the event that Xanadoo detects excessive use by you, Xanadoo may restrict your access to Xanadoo’s network, increase the fees associated with your Service, including upgrading you to a higher class of Service, or terminate your Service. Xanadoo has the right but not the obligation to restrict any uses of the Service that Xanadoo believes, in its sole discretion, violate the Agreement or applicable
law. " This is an example of what I would call a "we do whatever we want" clause. There is no mention in the Terms of Service nor anywhere else related to Xanadoo purchase of a specific limit on bandwidth usage, instead it is stated as "excessive consumption". I'm sure my e-mails to the company will explain my point, but let me state here for simplicity: I was sold unlimited internet service, and what I am getting is very limited service. I believe it is a reasonable expectation of service that if I am sold a 1 megabit per second internet connection, barring allowances for network troubles, I should be free to consume 1 megabit per second every second of the month for which I have paid. The limits enforced by Xanadoo amount to less than one tenth of that service. Please review the following transcript of communications between myself, , and representatives of Xanadoo Wireless Internet.
Thank you for your time
BEGIN ATTACHED TRANSCRIPTS------------------------------------------------------------------------------------------------------------
From:
To: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it ; support@xanadoo.com
Sent: Friday, February 8, 2008 7:56:08 PM
Subject: Re: [Xanadoo #18440] Re: IMPORTANT MESSAGE FROM XANADOO - Excess Usage Warning
My first question is, how do you expect anyone to stay under 1 Gigabyte per day if they are using the full 1 Mbps when it is available? You completely ignored all the issues in my e-mail regarding business ethics, customer service, and a reasonable expectation of service. I am fully aware of the fact that your terms of service has this catch all clause about "excessive consumption", however I do not believe using the amount of service that I was sold is excessive usage. There is no mention anywhere in the terms of service about a 1GB per day or 5GB per month limit, nor was I informed of such at the Xanadoo store. I was sold UNLIMITED wireless internet. As I stated in the previous e-mail, I am on your highest access plan, there is no "up" from here, or I would gladly pay more per month to be on a higher plan. I'm disappointed that your e-mail completely ignores the facts and the actual issues. Does your company keep tabs on the FCC and congressional
investigations regarding ISPs who are throttling connections and not delivering on what I would call a "reasonable expectation of service"? I suggest you read up on it soon. http://metue.com/01-09-2008/comcast-throttling-fcc-review/ http://www.downloadsquad.com/2008/01/08/comcast-could-receive-hefty-fcc-fine-for-throttling-bit-torrent/ http://www.betanews.com/article/FCC_opens_the_Comcast_throttling_debate_to_public_comment/1200415213
You know, I only signed up for Xanadoo a week ago TODAY, and I'm still on the fence about keeping it. I had high hopes, but the next few weeks will truly decide if I keep the service, or if I instead decide to start a boycott of all Xanadoo and Navini Networks services.
----- Original Message ----
From: Aaron Krites via RT
To:
Sent: Friday, February 8, 2008 9:58:14 AM
Subject: [Xanadoo #18440] Re: IMPORTANT MESSAGE FROM XANADOO - Excess Usage Warning
Dear Mr. ,
The email you have received was not in error, it was just a warning.
If you do exceed the amount stated in the email your connection will be
throttled until the start of your next billing cycle.
Thanks,
Xanadoo
On Fri Feb 08 01:11:21 2008, wrote:
> I was not informed of any 1 Gigabyte per day LIMIT when I purchased
> service.. The plan I have purchased is a 1Mbps plan, which means
> allowing for service outages and issues I should have full access
> to 1 Mb PER second, 24 hours a day 7 days a week. That amounts to
> 604800Mb (that's megabits) per day, 18144000Mb per month (on a
> fiscal 30 day month). I did not agree to a limit on the amount of
> bandwidth usage I am allowed, and this is in very poor taste on
> your company's part as I am on your highest level plan. If this in
> some way adversely affects other users of your service then you
> have a very poor service and are over selling it. There are
> currently cases being reviewed by the FCC as well as other federal
> courts regarding this sort of service scam, and I hope you have
> simply contacted me in some coincidental error..
>
> THANK YOU
>
>
> PS I will contact support at the phone number to state this
> information as well.
>
----- Original Message ----
From: Xanadoo Technical Assistance Center
To: ;
Sent: Friday, February 8, 2008 12:01:04 AM
Subject: IMPORTANT MESSAGE FROM XANADOO - Excess Usage Warning
Dear Subscriber:
Xanadoo works hard to ensure ALL customers receive the best possible online experience. As a result, we routinely monitor network activity to determine unusual or excessive bandwidth usage which can adversely impact other users of our service. Based on our most recent review of your account, your total bandwidth usage has been: Total Bandwidth Use - Past 7 Days: 10.05 Gigabytes Please be aware the above usage levels EXCEED our current service allowance of 1 Gigabytes per day (based on a 7-day average) OR 5 Gigabytes per month of total bandwidth usage. Excessive bandwidth usage can be the result of many different online activities including: - Peer-to-peer file sharing - Downloading large numbers of music or video files - Continually streaming video or music - Continuous FTP uploading or downloading - Unauthorized uses of your wireless network by a 3rd party - Computer virus You should review your system and discuss usage with all users to limit any of the above activities that may be contributing to your excess usage. If, after 7 days, your bandwidth usage has not been reduced in accordance with the above allowances, your speed plan may be reduced or service temporarily suspended. We appreciate your business and understanding regarding this matter. If you would like to discuss your recent account usage, please contact our Technical Assistant Center at 877-472-2911.
Important excerpt from your Xanadoo Terms of Service: Section 7 - Intended Use of Service Ò...You may not use the Service or take any action that will result in excessive consumption or utilization of Xanadoo's system or network resources, or which may weaken network performance, or which adversely affects the performance of the Service for other Xanadoo customers, all as determined in Xanadoo's sole discretion. Such prohibited actions include, but are not limited to: using the Service to host a web server site which attracts excessive traffic at your premises, continuously uploading or downloading streaming video or audio, usenet hosting, or continuous FTP uploading or downloading. In the event that Xanadoo detects excessive use by you, Xanadoo may restrict your access to Xanadoo's network, increase the fees associated with your Service, including upgrading you to a higher class of Service, or terminate your service...
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