Re: Disconnection for abuse
 

Little bit more here.

Harrassment http://www.justice.gc.ca/eng/pi/fv-v...har/part1.html
Criminal harassment, which includes “stalking,” is a crime. While many crimes are defined by conduct that results in a very clear outcome (for example, murder), criminal harassment generally consists of repeated conduct that is carried out over a period of time and that causes victims to reasonably fear for their safety but does not necessarily result in physical injury. It may be a precursor to subsequent violent acts.


Criminal harassment can be conducted through the use of a computer system, including the Internet.10 Although this type of conduct is described in various ways, not all such conduct falls within Canada’s definition of criminal harassment. For example, “cyber-stalking” or “on-line harassment” is often used to refer to (1) direct communication through e-mail; (2) Internet harassment, where the offender publishes offensive or threatening information about the victim on the Internet; and (3) unauthorized use, control or sabotage of the victim’s computer.11 In some cyber-stalking situations, criminal harassment charges may be appropriate; however, depending on the activity involved, charges under sections 342.1 (unauthorized use of a computer), 342.2 (possession of device to obtain computer service) and subsection 430(1.1) (mischief in relation to data) should also be considered. Activities that can be considered cyber-stalking can include delivering threatening or harassing messages through one or more of the following:

• e-mail;
• chat rooms;
• message boards;
• newsgroups; and
• forums.

Other variations of cyber-stalking include the following:

• sending inappropriate electronic greeting cards;
• posting personal advertisements in the victim’s name;
• creating Web sites that contain threatening or harassing messages or that contain provocative or pornographic photographs, most of which have been altered;
• sending viruses to the victim’s computer;
• using spy-ware to track Web site visits or record keystrokes the victim makes; and
• sending harassing messages to the victim’s employers, co-workers, students, teachers, customers, friends, families or churches or sending harassing messages forged in the victim’s name to others.12

So by this definiton one email is not harrassment. Harrassment has to be a patttern of behaviour.

ISP Obligations

http://www.quackwatch.com/12Web/yahoo.html


"it would be unreasonable for an ISP to police every message or to act on isolated complaints, persistent abusive behavior deserves quick and effective attention"

Virgin Media are members of the ISPA - Internet Service Providers Association

This is their Code of Practice.



http://www.ispa.org.uk/about_us/page_16.html#Decency

".5 Fair Trading

2.5.1 In their dealings with consumers, other businesses and each other, Members must act fairly and reasonably at all times. " Interesting one that one for people being capped/threatened etc.

2.6.2 Members must include in their contracts with Customers a provision requiring Customers to comply with the UK law in using any of the relevant Member's Services.

So if we are using their services we must comply with UK law. This must apply conversely ie the yalso have to comply with UK Law so far as their UK customers are concerned, so they cant hold you responsible for a potential breach of another countries laws proactively. ie if when using their services you are complying with UK law they cant try to enforce the law of another country on the provison of services to you.

3.2 Pricing Information

3.2.1 Members shall ensure that charges for Services are clearly stated in relevant Promotional Material. Members shall make clear whether any such charges quoted are inclusive or exclusive of VAT. Where additional charges, for example on-line charges, are payable, such chargesshall be stated.
3.2.2 Members shall use reasonable endeavours to ensure that pricing information relating to charges for Services is easy to understand and prestented in an accurate, up to date, legible, and suitably prominent way - not related to this but interesting.

and the interesting part in the above rethe ISPA complaints procedure. Might be sending a little complaint there way if I dont get serioious consideration of my situation.

Re: Disconnection for abuse
 

At the end of the day its your connection, thus your responsability - full stop.
You had the chance to make everything alright, but you decided not to. Nothing anyone else can do, and quite frankly, with the attitiude you have, no one would want to help you.

Get over it and move on.

Re: Disconnection for abuse
 

Hi there Thunderballs.

It would seem to me that you are solving nothing in bringing this problem here..I don't see that anyone here can resolve this matter for you no matter how spirited a defence you make.

You need to be talking directly to Virgin Media I'm afraid.Sorry.:shrug:

Re: Disconnection for abuse
 

Or, if your case is as strong as you would have us believe, to OFCOM.

Re: Disconnection for abuse
 

Depends...if you're going to tell them to **** off also then i wouldn't bother ;)

Re: Disconnection for abuse
 

Agreed, all he appears to have done is confirm that VM took the right action, as the O/P's last but one post seems to support.

Very sad I must say, very sad indeed.

Re: Disconnection for abuse
 

Have a look around the CF...i think he just likes to be controversial! :td:

Re: Disconnection for abuse
 

I just think he is very unhappy with VM (whether for good/bad reasons, only he will know), and he is "spreading the love" ;)

Re: Disconnection for abuse
 

Really brings a warm glow to my heart when someone is taken offline that quite obviously doesn't deserve the use of their connection. Grow up, learn how to treat people with respect and stop acting like a spolit child when you don't hear what you want to hear. People get disconnected for abuse every day, most will accept this and deal with it in a mature manner, a small percentage will throw their dummy out of the pram and start screaming in the hope that someone will think they are being wronged.

Re: Disconnection for abuse
 

Yeh, and quoting Canadian harassment law is really helping his cause in the UK.

Re: Disconnection for abuse
 

He'll get over it! lol

Re: Disconnection for abuse
 

its nice to see the system working correctly for a change, the o/p was offered a way back but chose not to take it.

Re: Disconnection for abuse
 

Turned into ramblings this didnt it. Not one post that justified or showed vm to be wrong..

Would have been pretty straight forward to check the call history if call was made from home phone.. Thats what i would have done.

Re: Disconnection for abuse
 

:clap:

Re: Disconnection for abuse
 

:erm: Not sure if this is taking the thread off topic and sorry if that is the case but this thread has made me think about the email accounts being used on my VM BB.

I am the person listed as the customer of VM. Both my husband and I have separate email accounts. Mine are with VM and Google, and my husband has Hotmail and Google accounts.

As I was the person who signed up to VMs T &C (very many moons ago) would VM hold me responsible for any emails made by my husband on my connection?

Luckily my husband would be as likely to send such an email as he would be to go and start shouting profanities on a street corner. In order to check that his emails are not offensive however, do VM expect me to invade John's privacy by reading his mail, or am I misunderstanding something obvious?