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Disconnection for abuse
I have been a customer with Telewest/Virgin for over 10 years.
Until today I had their VIP package of V+ on full pacage wit SKY Sports and Movies, Unlimited Landline Calls and 20mg Service. In July I got a letter from their Internet Security Team in Newport. "We are writing to let you know that we've noticed emails being sent from your internet connection that can be deemed offensive. Sending offensive emails is not allowed under the terms and conditions of your contract. It's important that these emails stop - otherwise we may have to suspend or cancel your Internet Service. If you have any questions, just leave us a voicemail message on 01633 710 142 - If you leave your name and number we'll give you a call back, within one working day. Yours sincerely, [EDIT:Name removed] Virgin Media" Attached was a traceroute for an email one line which include the mispelt "F" word and asshole. The email originated in a hotmail account and was sent to an gmail account - so it hadnt been sent from my virgin email address and indeed the hotmail account wasnt mine/in my name. On receipt I had complained to customer services but was directed to the number of the voicemail given in the letter. 10 or so days later my intenet connection failed and after the usual rigmarole of checking it was nothing to do with a problem my side - rang tech support. To cut a long story short, after many calls over a period of hours and reroutes to different departments it was ascertained a suspension had been placed on my account by th "Internet Security Team" and I was told to call their voicemail and leave a message. I hit the roof ! They cut off my service so I can't work for an afternoon and then after hours of conversations trying to get them to work out why they have cut off my service I am told to ring a voiccemail. I have to say I am well aware of customers that have been sent similar letters for downloading "copyrighted" materials but having the msnoop on emails alledgedly being sent from an internet connection and playing Mary Whitehouse was a new one on me - nevermind blaming me as the guy that paid their bill. Eventually with some considerable digging I got the name of a [EDIT: Name removed]who undoubtedly needs some customer service training becasue he was furious i had made so much noise that I had gotten through to his department circumventing the voicemail by insisting customer services, technical support and "Customer Retention" variusly got me through to a real live person not a voicemail. After a fraut conversation it was assertained that they were indeed kicking off about the mispelt F word in this email sent from a hotmail account to a third party organisation and the word asshole. The only justification he had for sending me the letter and subsequently cutting me off was that someone had reported the email as offensive and he tried to have me believe it was his professional obligation to warn me as the account holder becasue I was contravening the T+Cs. There was no suggestion that this email was part of a spam/hate/bullying campaign etc it was a one off. During the conversation he said they had sent me another letter, which I had honestly not seen and this was to do with an offensive message left on the voicemail given in the letter and it was a combination of the above email and the message that was why my account was suspended. He couldnt play me the voicemail but he did say that "[EDIT:Name Removed] was grossely offended by it" and I again reinterated I wanted my Internet service reinstating. At no time did I swear at him or loose my temper but by God after 3 plus hours of this i might well have done. The conversation ended wit him demanding I made an apology for leaving the message and a commitment that I would not use their service to send potentially offensive emails (t oanyone) neither of which "offenses" I had personally "committed". When i pojt blank refused he saifd hed review the "case" in the morning and go from there. I was boiling. After I put down the call - I di go and look at some of my "junk mail" and indeed found an unopened letter from virgin. This letter was the one [EDIT:Name Removed] had been referring to. It read "due to the highly offensive message that was left by yourself on our voice mail "can you please tell [EDIT:Name Removed]to go F""K himself" following our communication with you, we now require a full apology and retraction from you. If we do not receive it we will suspend your Internet account without notice. We may then disconnect you if the apology is not forthcoming. In addition to the written apology we require a written commitment from you that you will in future abide by our Terms and Conditions. You have 7 days to send the communication by email/fax or in writin. If we receive any more offensive messages from you, or if you abuse any other parties via our services we will remove all services from you. If you then switch services to another provider and continue t oabuse that service we will also arrange for those services to be suspended &/or disconnected. Yours sincerely [EDIT:Name removed] Virgin Media" Needless to say I wasnt reconnected the next morning and although my name wasnt on this apparent voicemail or the email the guy who spoke to me "recognised my voice " funny becasue it was the first time id spoken to him and again demanded an apology or I was going to remain suspended. My acount is now suspended - no BBand still, phone cut off , TV down to a minimum and several hours of more conversations have resulted in me being told the only course of action I have is call the voicemail ! I have taken the other one - Im off. Edited to remove staff names.Please remember to edit any further communications that you post here. |
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So, following a letter sent to you about abuse of the VM service, they received a voicemail advising the sender of the letter to Eff Off, and you are surprised you were suspended:shocked:. OK, you can claim it isn't you by all means, but who opened your letter and decided it would be funny to place your account in further jeapordy by impersinating you in a voicemail? C'mon sir, do you think people are really that niaive. You seem to assume that because the email that was sent from your account wasn't a Virgin email address that it couldn't have come from you? You need to understand how IP tagging in email headers works. |
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Im with Toto - Doent take a great deal of reading between the lines does it!?
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I appreciate the reading betqween the lines and there is not much to be said other than the email wasnt from me and it was sent to a third party nothing to do with Virgin - i know it was sent from my connection but what has that got to do with Virgin ? The fact of the matter is that an individual complaind to Virgin - they cut me off. It is like your postman knocking on your door and saying i opened a letter sent from this house and it includes some naughty words in it - if you the house owner dont stop we wont deliver any of your mail. They were not able to play the voicemail back to me and told me it didnt include my name. But this issue aside - I and they were left in the ridiculous position of suspending my Internet service until I as the account holder made an apology for the "abuse" in the email sent from my connection to a third party and the voicemail message that had apparently been left on their voicemail that didnt include my name, whilst continuing to pay them over a hundred pounds a month for the TV and Phone Service and the suspended Internet.
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Who else calls BS on the whole thing? Good trolling Thunderballs, but really, regardless of terms and conditions, VM aren't going to start disconnecting people for swearing in emails either from their own servers or sent from Hotmail to a third party. Well done. I suggest 4chan/b/ for your next /i/
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If nothing further happened in terms of those kinds of emails being sent, then your account would remain untouched, or at least that's what you could imply from the first letter. However, this "ridiculous position" you claim that you and VM were in seems to be wholly down to you. An offensive email was sent, you were warned, then somebody other than you as you claim followed up the offensive email with an offensive voicemail message BEFORE your account was suspended. I wonder what any normal person handling those chain of events would think? It appears you had an opportunity to rectify the situation by apologising and go away and lick your wounds for a while. I only hope the other option you took was worth it. Good luck with your new service provider. |
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Good point *moved*
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Oh, and I am fairly certain it is actually an offence to send offensive mail. |
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Lol. Interesting to say the least.
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Whenever I've phoned Virgin Media with an account or service related issue, I've been asked to verify that I am who I am by confirming my account password. I assume that you have kept your password secure?
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So if I log onto hotmail using my virgin broadband connection and write an offensive email, littered with swear words, I could have my broadband cut off? Is that right? I'm asking because I'm curious, not because I send offensive mails.
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Well done to virginmedia, other ISP's don't give two hoots who abuses their AUP. Even if it wasn't you why didn't you offer to find out who it was and to have a word with them?
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X-ORIGINATING-IP, in the bottom of the email header. |
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Hmm i can smell a rat here ;) or a fish, something fishy is going on ;)
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Whatever the point is this email was 6 words long. The email address of the recipient was a department/organisation not an individual. There was no catalougue of emails that could be taken as a campaign against someone (or at least they are not showing them to me and they surely would have if they were going to send one and this was the basis of their "case") and if that was the case they should be involving the police or at least advising the third party to do so.
Morover UK libel law which presumably is at least part of the reasoning behind Virgin thinking this type of thing is any of their busines is fairly clear. . You can't easily Libel/Defame someone or an organisation whose reputation is damaged. Harrassment laws are not easily applied to one incident (email) http://www.urban75.org/info/libel.html and http://www.writing.upenn.edu/~afilre...yberspace.html . It seems whoever received it complained - Virgin looked it up and then without actually bothering to contact me as the account holder, sent me a letter judging it to be abuse. Without talking to the sender how would Virgin know if the complainant had a case. Whatever your stance on this they should at the very least have "investigated" it by contacting me as the Virgin account holder before finding their own customers guilty for an email presumably they have absolutely no idea was about/concerned or the contect in which it was sent. Law aside Virgin obviously maintain the right to terminate a contract If you are one of these people that hear the word "abuse" and imagine the worse you have to acknowledge that it is a much maligned term. The widest definitions include thisngs like "if it is offensive to the recipient" etc and on that definition anything any of us say or do can be taken as abuse - or dare I say it anything Virgin transmit into millions of homes on TV could be too. Abuse has to be taken in context and you would expoect an ISP would understand that and at the very least seek clarification as to the context from both parties before attempting to come to a decison<p> The situation has today got worse becasue today I received a letter dated a day before the postmark and dated the day my Internet Service was disconnected It makes no reference to the conversations I had with the Internet Security Team manager/supervisor which happened at the end of the day this letter is dated. The person I spoke to did not mention this letter in conversations with me and it has been sent by the person I spoke to yesterday that told me "he knew it was me on the voicemail" even though no name was left and he wouldnt play it back to me and wouldnt answer any questions as to why he thought it was appropriate to make allegations against me becasue I was the account holder. He made no mention of the letter either - that is signed by him - which if it was written when it says it was you would have expected him to do Basically the letter covers their backsides to ignore all the concerns I raised with them when i actually got to speak to them to try and find out what the issue was about.<p> The letter says "We wrote to you on the 24th July 2008 to let you know that offensive emails had been sent from your internet connection (note its emails again when the only email traceroute they sent me contains the word a...hole) We also wrote to you on the 28th July regarding an offensive voicemail you left (I havent left them any voicemails becasue I refused to deal with a machine after they sent me the original letter and subsequently when they suspended my Internet - and the guy whose name appears on this recent latter is the guy who specifically told me the voicemail doesnt have my name on it and couldnt/wouldnt play it back to me) As we haven't received an apology from you we have had to temporarily suspend your Internet account" Was no mention of this letter on my account records from 14.30 of the day of the date on this letter which is probaly part of the reason no one in Tech support, Customer Service was aware of it or made aware of it after calls to the department late in the day Basically it goes on to say I now have to sign an enclosed form and "include a letter of apology" "if we don't hear from you in six weeks, well have to permanently close your email account - and we'd much rather it didn't come to that" Now just to explain the significance of that. Yesterday ie the day after this latest letter is dated but the same day it is post marked. I sought clarification of my contractual obligations and what Virgin proposed to do give nthe ywere suspending part of the package of services I buy from them. I also raised the issue of my email specifically. My stance with Customer services was if you are going to suspend one of my services fine i am not paying for any of my services from now on and I will seek relief in so far as I can becasue you havent given me 30 days notice, you have presented me with no evidence I have breached the terms and conditions of the contract and you are denying me service whilst asking me to continue paying for it The attached "form" is made up as far as I can see in that it is bespoke and if I were to sign it it would ammount to an admission I had breached their terms and conditions. Today I have been referred back to Internet Security becasue all my services remain disconnected - my phone is not just receive incoming calls but totally disconected - which people who have had their outgoing calls suspended will understand is not usual" So in my mind theye are just tying to cover their backsides an continue to refuse/talk about specific allegations and evidence whilst while trying to effectively blackmail me into admitting I have done something wrong to justify their behaviour The whole thing throws up some horrendous gaps in their processes from this apparently all powerful team having virtually no customer facing skills, actual knowledge of the law and most importantly the policy they seem to adopting towards their own customers when a third party totally unconnected to virgin accuses someone of "abuse". Customer Services and every other department refer back to them and are subserviant to them. |
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1st. You are the account holder and the ip relates to you so at the end of the day you are responsible for whatever happens on your account, if you have wireless it could have been don that way.
But saying that.... virgin attuide to you i think you are in legal position not to pay and have the right to hear the voicemail that was left. If i was you i would seek legal advice as they might start trying to get you on abuse behaviour (i am not judging you and i am not sure you did or did not) i am just going on the fact they say they have evidance. You might want to do a look into Data Procection Act, Freedom Information Act |
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This happened to me when I was with Demon Internet and scanning with the Back Orifice, I got disconnected and had to write a letter of apology along with saying I would'nt do it again... basically, I was a naughty boy and I got caught as has happened to you here.
Enjoy your new ISP. |
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---------- Post added at 19:04 ---------- Previous post was at 19:00 ---------- Quote:
I am not a naughty boy - im in my late 30s. They can do what they like but they can't expect people to just accept their behaviour when it comes to breaching contract wit htheir customers and alledging some potential marginal libel/harrassment has taken place against a third party. ---------- Post added at 19:11 ---------- Previous post was at 19:04 ---------- Quote:
Precisely it could have been done via wireless which is why they are incredibly dumb to be sending these letters for one email containing the word "asshole" Beleive me they dont have any evidence against me and if this email was one of many they would most certainly have told me by now to shut me up and/or told me the police were involved. I have asked becasue if something serious is going on I would understand their interest - it isnt - its a simple case of one short email an alledged voicemail and ineffective policies and processes being implemented by people largely untrained in dealing with customers. That is 99% not the case becasue all they want me to do at the moment is admit I have breached their T&C's and I wont do it again - thus getting them off the hook for their shoddy "inestigation" and treatment of a valuable perviously loyal customer. Until yesterday I couldnt spend any more money with Virgin unless I took a top Mobile package and rang international / mobile numbers all day long and rented more than a few movies on demand a month. At the end of the day I am essentailly going to persue them legally in as efficient manner as I can that will cause maximum effort on their par. Virgin like many organisations have deliberately designed their customer facing organisations to fob off customers as efficeintly as they can and they are powerless to do anything outside a very tight remit. |
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If your name wasn't anywhere to be found on the voicemail, can we at least assume they have verified (to your satisfaction) it came from your number?
And if so, do you know who might have done the dirty deed on your behalf.. & why aren't you kicking the living **** out of them? |
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The IP of the original email was logged. It shows it was your connection being used. Quote:
At the end of the day. If you had been the recipient of this email, reported it to the ISP through which it was sent, do you then sit back and expect the ISP to ignore it, or do nothing about it? Why should it matter if it was one email or 100? Why should it matter if it's personal, or could be read by many? Congrats to Virgin Media for actually getting off their backsides and following up the complaint. |
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The point is they havent followed up on a complaint - they have simply prejudged me as the account holder for an extremely trivial matter involving my internet service. If they are to be "congratulated" for loosing a valuable customer over the word "asshole" in an an email and you consider that a good use of thier time in this moral crusade you seem to want them to persue fine - you are entitled to your opinion. |
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The guy gets a warning email for an offence of Virgin's T&C's, and the VM team responsible get a voicemail from someone claiming to be the guy, and to the person sending him the warning he tells them EFF OFF! How did they assume it was him, because he must have quoted some sort of reference to himself, possibly a reference number? I suspect the real issue here is that he, the O/P, is not giving us the whle picture and garneshing the truth to solicit some sort of sympathy....surely you can see that? FIA only applies to government and public bodies, he'd have more luck with a DPA request....but I doubt it. |
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As said before if they have a voicemail I am yet to hear it. If there is a reference number on it they havent told me that but its practically irrelevant. It a voicemail they use to fob off customers and hide behind when they have made aqusations against them and either have or are threatening to cut them off. I would imagine that voicemail is heaving with unhappy customers. Not only that if you are ever in the situation of having to deal with this team you will find that they are substantially invisible to all the Customer facing organisations in Virgin - Customer Services, Technical Support and Customer Retentions have all had to ask me for the number.none of the actual letter they have sent to me appear in their notes - but abbreviated notes do. Their letters hold me specifically responsible for the email and requitre an admisson and apology for breaching contract becasue of the email. |
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Acceptable Use Policy http://allyours.virginmedia.com/html...ptableuse.html Terms and Conditions - On Cable http://allyours.virginmedia.com/html...ble/terms.html You signed a contract so therefore you accepted the above. |
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Impz |
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Quality thread, I love the trolls in this Forum!
Oh yeah that was the other thread, that guy was saying he had 50Mb line... you cant make this stuff up, pure comedy *Wonders about prank calling VM* |
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Okay, obviously as it's in the T&Cs that you are responsible for how your internet connection is used then there really isn't any escaping that - whether you're running an insecure wireless network or not. It's there in black and white.
However, a lot of people on this forum have stated how they feel it unfair that someone can have a lawsuit brought against them for downloading illegal material even when it's very possible it was the next door neighbour using your connection without your knowledge. You can't just pick and choose when it's fair and when it's not that you are solely responsible for your connection. I'm don't mean to point any fingers here! It's just that the general feeling on the board seems to be you shouldn't be sued for illegal downloading when there is not definite proof you are the one who has done it. The same should apply for any emails sent surely? |
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No Comment ;)
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If i was using your computer and told you to **** off...wouldn't you kick me off the computer?
Same principle... |
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All the assumptions I am making is based on your original post, but correct me if I am wrong. As I see it you were warned for an offensive email, with a threat of further action if you continued. Whethr that was right or wrong can be debated till the cows come home, and frankly I couldn't care less. Someone, not you apparently,called VM, pretended to be you, said they were so-and-so and that the edited person can go "f... himself". Now OK I may be assuming wrongly that they also gave some clue as to who's account this voice was connected too, but it seems too much of a coincidence? Apparently, some days later you found your services suspended, and after a contracted "discussion" with that team in VM you opened a piece of junk mail from Virgin explaining why you had been suspended, I bet in part was for the offensive voicemail. I am not sure from your post if it was for further abuse, or this mysterious impersinator telling VM staff to go forth etc. Are those the correct chain of events, or have I completely fudged your O/P? |
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I didnt leave a VM and they have specifically told me no name was left on the VM and they have refused/dont have the VM to play to me. There is only one email in question here and on its own there is no way shape or form that it represents a genuine legal risk to Virgin no matter who sent it. As it is not, as far as I can tell, addressed to an individual but a company email address and it does not include the name of an individual or a group of people - it is just a sentence - I dont see how any individual could say it was directed at them. If it isnt addressed to and doesnt include the name of a person the only cause Virgin would have to have any interest in this is if an individual claimed it was addressed to them. in which case a quick read of it would show that it isnt addressed to anyone personally. If it isnt addressed to anyone personally then the only remotely possible legal angle would be that that organisation it was addressed to claimed it to be libelous/defamatory. Since it effectively says "F off you Asshole" it isnt defamatory or libelous towards a comapny becasue it it isnt public and or "hurting" the company's reputation and ability to trade. So on its own as a one off, it is really a non issue as far as the law is concerned and anyone proporting to be a professional in this area should know that. In effect Virgin having "investigated" are either not aware of that becasue the person dealing wit hit is not suffiiciently knowledgeable of the law, or are aware of this and have deemed it appropriate to threaten me as the account holder becasue "sending offensive emails" is not allowed under the terms and conditions of your contract. You cant "offend" a company becasue a company although a legal entity is not living so it is impossible to "offend" it. They should have said "emails containing offensive words to ..." which of course they wouldnt becasue there is no law I am aware of that specifically prevents emailing or sending "offensive" words it is only the effect of those words that the law is concerned with (AFAIK) Since it isnt actually breaking any law (as above AFAIK) their interest in it can only be moralistic from the persepctive of - someone has deemed this offensive and reported it to us or its been picked up by us - and so we are going to enforce our T&Cs in a lazy way and go have a pop at our customers. Whilst their original letter to me as the account holder does not say I personally sent the email, in subsequent letters they say "If we receive any more offensive messages from you, or you abuse any other other parties via our services we will remove all services from you. If you then switch services to another provider and continue to abuse that service we will arrange for those services to be suspended &/or disconnected" ---------- Post added at 22:09 ---------- Previous post was at 21:39 ---------- Quote:
I havent told anyone involved with this to F off. Your point is however well made. It is precisely that apparant attitude of Virgin that is extremely annoying. I am a customer not just "using their" service. I like every other of their customers is paying for a service not paying for a nanny or supposed to be "grateful" to Virgin becasue they have allowed me to pay for their services and they have made specific allegations against me. Aside from some uneforceable terms in their contract and T&Cs for example the bits that say they can decide to terminate your services at any time and for any reason and they are not liable for any losses their customers might suffer as a result, they have no grounds for this. |
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Your point is akin to someone saying "you wouldnt be in court charged with murder if you are not guilty of Murder becasue the police and the crown prosecution service are not in the business of trying to convict innocent people" They are an ISP not the law. In so far as they need to protect themselves and their reputation if they are going to accuse thier customers of breaching their contracts they really need more than "circumstantial evidence" wouldnt you say ? ---------- Post added at 22:41 ---------- Previous post was at 22:36 ---------- Quote:
"legal standings" I assume you to mean having Legal Legitimacy" Having legal legitimacy and being Lawful are too different things. Take for example the 30 day notice you will be required to give them if you wish to terminate your services. Note they have a clause that requires them also to give 30 days notice. Now note the terms that say they can terminate your services immediately for any reason they deem fit How would you resolve that ? |
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They use their legal muscle to win. |
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They have already lost becasue I am no longer paying them the best part of 1500 quid a year and they have gained nothing in return. |
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No my intention was purely to point out the ways that the Acceptable Use Policy covered this problem. |
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Dear MR A******e
I am receipt of your letter dated 6th August 2008 (significantly postmarked 7th August) 2008 and letters from ****** dated 24th July 2008 and 28th July 2008 respectively. These letters variously accuse me of having breached the Terms and Conditions of my Contract with Virgin Media which I wholeheartedly dispute. All my Virgin Media services were disconnected on the 7th of August some time in the late afternoon and following suspension of my Internet service early in the afternoon of 6th August. Within your department I have specifically had conversations with ************** on 6th of August and I believe yourself on the 7th of August in relation to these matters. I have not had it explained to me over the telephone, nor do the letters from your department make it clear, EXACTLY which clauses of the Terms and Conditions of my contract with Virgin Media I have been accused of breaching. As I am sure you appreciate it is a comprehensive document and some clarification on the matter might have been helpful as specifics are far easier to address than generalities and Contract Law is often complex. There are three specific issues here that your letters mention. One relating to an isolated email and the reason for your departments letter of 24th July. One relating to a “highly offensive message” you say was left on your voice mail by me in your letter of the 28th July and one alleging abuses of other suppliers services also mentioned in your letter of 28th of July. It is alleged that an email sent from my Internet connection addressed to **************** that to quote your letter of 24th July, “can be deemed offensive”. The email is “sent from” my Internet connection and does not bear my name and was not sent by me or anyone that I know The email has been addressed to ************** and does not refer to nor is it addressed to a specific person. The person who sent the email has chosen not to address it to a person or persons The email address it has been sent to does not specifically look like an individuals email address. To whom could this be “deemed offensive” given that it is not addressed to a specific person nor does it mention the name of a specific person, and it is not possible to “offend” an inanimate object. Why are Virgin Media holding me responsible for an email I haven’t personally sent to someone who’s chosen to open an email that is not addressed to a specific person and does not include the name of a specific person and then apparently chosen to deem the contents “offensive”? If the email has alternatively intercepted by yourselves and “deemed offensive”, on what grounds do you do so and for what purpose? Any number of programs Virgin Media transmits and you solicit people to watch and listen to “could be deemed offensive” Accusing me of breeching your Terms and Conditions on the basis of this isolated email is absurd. It hasn’t been written by me or anyone I know It is not addressed to a person It doesn’t address a person It doesn’t refer to an individual You say it is an isolated email not one of many It has been sent to one email address not many It hasn’t been sent via Virgin Media’s email service It isn’t libelous You don’t say it contains copyrighted material, viruses or other malicious attachments It isn’t obviously “Spam” It clearly is not generic It isn’t threatening future action It isn’t coercing someone to commit crime etc etc. The second alleged breach of your Terms and Conditions is that I left an “offensive voicemail” as outlined in your letter of 28th July. I did not find and open that letter until the evening of the 6th August after it came to light in a discussion with Mr. Bull****it. The letter was not referred to by staff within your Customer Service, Technical Support and other front line teams I had spoken to earlier on the 6th before speaking to Mr. Toss*******. I have not left this message and in conversations with your department no one has been able or willing to play it to me. I have been specifically told by Mr. W^^^^^^ and I believe yourself, it does not mention my name. Moreover your letter of 28th of July specifically quotes the message – and does not quote my name as being in the message. To my knowledge I have had no dealings with your department prior to 6th July. I had a telephone conversation with Mr. A******e on 6th of August and I believe yourself on 7th August but I have never spoken to either of you before or left any messages for you before. Your letters are quite specific. Your letter of 28th of July includes “due to the highly offensive message left by yourself on our voice mail” and your letter of 6th August (postmarked 7th of August) includes “..regarding an offensive voicemail you left..” In light of your insistence on these matters, I have specifically requested that I wanted all my services as per my contract with you and not a pick and mix of landline telephony and cable TV with a suspended Internet connection. My contract is for all of those services not some of them and I am not invoiced for them separately. It appears your department is insisting I send a “letter of apology” , to complete a form you included in your letter of 6th August which requires an admission of contractual breaches by me “..I understand any further breaches of the terms and conditions….” Moreover your letter of 28th of July outlines some specific consequences of not complying with your wishes and accuses me of currently abusing other provider’s services that I might switch to at a later date and some level of cross supplier compliance or obligation to do what your department wants. “If you then switch services to another provider and continue to abuse that service we will also arrange for those services to be suspended &/or disconnected. How that is possible I am somewhat confused about, but the threat is quite unjustifiable and intimidating to say the least. I have suffered significant financial loss due to the time it has taken me to try and resolve this issue using the means afforded to me by your company,and the inability to work from home. As it stands at the moment and despite your letter of the 6th of August and several lengthy conversations with Customer Services, Technical Support , Customer Retentions Credit Services, I have all of my services disconnected. Additionally, your letter of the 6th August says email would be closed in 6 weeks but it is also now inaccessible to me. In conclusion, I reiterate I believe I have done no wrong and have not breached the terms of my contract. Aside from the offer in the closing paragraph of your letter to me on the of 6th August “If you have any questions, just leave us a voicemail message on 01633 710 142” I have been given no other course of action to address this matter than to write. Yours sincerely, Mr G F&&& yourself |
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:
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. |
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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. |
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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: |
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Very sad I must say, very sad indeed. |
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Have a look around the CF...i think he just likes to be controversial! :td:
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I just think he is very unhappy with VM (whether for good/bad reasons, only he will know), and he is "spreading the love" ;)
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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.
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Yeh, and quoting Canadian harassment law is really helping his cause in the UK.
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He'll get over it! lol
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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.
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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. |
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: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? |
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You'll almost certainly find something in the VM terms and conditions smallprint that allows you to do this Jo ~~ so go ahead. :redcard:
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I don't think they expect you to read his emails, but they do hold you responsible if your BB connection is used for anything that is against their t&c's.
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Whether you are allowed to read your husbands email in order to ascertain some sort of compliance within a user policy is a whole other matter. Keep in mind though that VM act on complaints sent to them, they don't, or shouldn't go reading your emails themselves (no phorm comments please). THAT would be a serious breach of privacy and there are regualtions in place that strictly forbid such interception. I wouldn't worry too much here, the original poster had his services shut down because it appears he failed to follow a reasonable request and apologise to a VM employee for an offensive comment. From this I would think that a family of PC users should become familiar with what their ISP does not find acceptable, and work within those guidelines. Hope that helps. :) |
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So if someone is using your connection to abuse others it is your responsibility to prevent them from using that connection.
Mind what that would entail domestically I'm not sure, if they won't subm...errr comply.With children it's easy but a spouse? Divorce,kitchen knife,frying pan,rolling pin.............. I'm not sure the police would be any help though.:erm: |
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Obviously the ISP wouldn't know the domestic situation of any household it has on their books, nor should it. Therefore it is reasonable for them to expect a level of compliance that leads to no further complaints, and where possible help out if there is a security leak, such as an open wireless router. However, getting a spouse to stop sending offensive emails would be a challenge, but flashing the letter from their ISP in front of them may get them to think twice. :shrug: For me I have a very secure wireless network, each PC/Laptop is firewalled, and all family members are instructed in proper Internet use. |
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I've been away for a while, and this was the first thing I read. I haven't laughed so much in ages! :D
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What's it to do with Virgin on what you put on e-mails on Hotmail or Gmail? Surely Vrigin should spend more time moderating their own email service?
I can understand though, as it was his broadband but surely Virgin have had to do some IP tracing or something through Hotmail? And Virgin demanding an apology? I could understand them saying they will cancel your services but them demanding an apology, it sounds like two boys in the playground with the headteacher to me ;) |
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I can guess at the 2 names from the team who it most probably was asking for an apology. one is Bill and the other one's Ben :D |
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Then Virgin received a call, supposedly from the OP, telling them to **** off..this was left on an answerphone message. That's why an apology was requested... |
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You dont roll over when you are bullied by a corporate and you dont allow them to push you around from one department to another quoting "breach of T&Cs " and words like abuse - without requiring them to be specific.
How many times do you hear people qouteing "data protection" ? as an excuse. Try asking them specifically which bit of the Data Protection Act etc the yare referring to. The approach i have taken with VM is to respond to their allegations against me. They specifically claim I breached thewir T&Cs. Not at any stage have they quoted the Usage policy. Now I am quite happy to accept a mail was sent via my connection. But VM are specifically aking me to appologise. As far as I can tell there is not one T&C I have breached even though this email contains a swear word. For them to even contemplate sending a letter like this to a customer they should think very carefully. Remeber this complaint has been lodged by some random person - it is a one off. There is no history of my account being used like this, no previous, nothing. Using the "evidence" VM are trying to use against me and their T&Cs I am simply asking them to explain what the reasoning, legalities etc are behinfd their actions. There is no way I am a) going to admit wrong doing when I havent done anything wrong B)going to sign a confession and sentd it to VM just becasue they say I have done something wrong. Specifically the issues here are do do with abuse and harrassment. If a reasonable case existed for classifying this email as abuse or harrassment VM might have had a cause to send me a letter etc. You cannot clasify one email as harrassment. Harrassment is substantially a pattern of behaviours. This email was not addressed to a person or did not mention a persons name - you ccant harrass an inanimate object. The address the email was sent to is not a personal email address or idf it is it has been made to look like a company or organisation. You cant abuse a company in this context. Regasrdless of above - it could have been sent to the complainants email address as a mistake again it doesnt name anyone abuse anyone harrass anyone etc. So there is no case to answer for abuse or harrassment. it contais no attachments or if it does they are not saying these contain anything of issue, so the rmail isnt selling anything or distributing anything so it isnt spam or anything to do with pirated software. Nothwithstanding all the above VM should never have sent this letter accusing me of wrongdoing without speaking to me or asking for my input into their "investigation". IMO someone got a complaint from a random person, looked up the traceroute - saw the swearword - sent a standard letter to me as account holder deciding it could be "deemed offensive". It has cost them 1500 quid a year and a customer becasue they are too lazy to think about what thye are doing. The undisputed fact the email contains a swear word does not contravene any of their T&Cs or usage policies. From AUP ". Virgin Media's Right to Suspend, Restrict or Terminate Your Services
3.2. You must not use the Services in any way that is unlawful or illegal or in any way to the detriment of other Internet users. You also must not allow anybody using your connection to use the Services in any way that is unlawful or illegal or in any way to the detriment of other Internet users. This doesnt apply As the User of record, you are responsible for all use of your account, irrespective of use without your knowledge and/or consent. This does apply This could apply . Email Use
Thats not legal perse - just becasue this clause exists does not in any shape or form mean VM can do what they like without recourse to the law. If they could use and enforce these catchall phrases their T&Cs could simply say "we can suspend your services or terminate your contract immediately for any reason we want to but you must give us 30 days notice and pay any charges we say you owe us if you cancel" |
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Well if you are lucky maybe our legal eagle Mr Angry will be around to read your postings and give you his considered opinion.
That is about as much help as you are likely to get here. |
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"Use of Material
"9.2.3. malicious mail" An email containing an offensive word, sent from your IP address, may be regarded as falling under these provisions, perhaps? |
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I'm sorry but if Virgin had been scanning webmail going through their servers for misspelt swear words, I think they would have had too many law suits on their hands to juggle their next Samuel Jackson advertisement. |
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So Hotmail is passing on information as to the content of emails if the recipient finds them to be abusive?
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Wait... what!? VM can read emails that you send, even via hotmail/gmail etc?!? LOL huh?
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Exactly, like I just reported someone for insinuating sex with minors on my sites shoutbox. I did an IP WHOIS on their IP, and traced it to a BT customer, then left them an email. Wish I hadn't deleted the message now so I could have some proof but I was hardly going to leave that sick on my site.
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"use of material" applies to attachments or pictures videos etc. Not words. And dont make me laugh - they try to get people to subscribe to their porn channels too "malicious mail" As outlined above - the email did not name a person was not addressed to a person. And moreover without understanding both "sides" how on earth could they reasonably assess it was anything ? The fact people have to go to these lengths to sqeeze out some obscure bit of the T+Cs etc t ocome up for a reason Virgin would remotely botther with this if they had considered it for more than 5 seconds just shows how absurd it is. Anyway that department are getting it with two barrels from me now. Might make them think twice before they send these threatening, harassing, invasive of privacy, offensive letters to their customers. |
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The fact is that someone read the email sent from your account, found it offensive in some way. They reported it to VM who would have had to read it to find the IP it was sent from. VM obviously agreed it was in some way offensive and acted. Quote:
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OK OK stick to the corporate line.
The email says "Mod Edit: Graham M: Please do not bypass the swear filter!" Thats it - exactly in its entirety. |
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Something that you find acceptable other people may find offensive - my wife finds anything stronger than "damn" offensive, and any of the common four letter euphemisms are strictly verboten in our house (teenagers and adults - one rule for all). Very few of the posters on CF are VM employees, and those that are, usually state so in their signature (and I am not one of them). |
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Also, I did not ask you to reproduce the email although having seen it before it was edited, I can actually see why people might complain. Remember, while you may be happy to see swear words, not everyone is, and some people do find them offensive. |
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Silly me! Intresting thread this, I think Mr\Mrs Thunderballs should just go to another ISP as they obviously cant be bothered with making an apology. After all its just words you dont have to mean it when you say it. A troll by any other name :rolleyes: |
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me thinks he doesnt like Virgin Media
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Me thinks that unless people stop hurling random tit for tat sly comments and digs at each other a lot of people are going to rack up a lot of infractions very quickly.....
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It would make a moderator's life much easier if members didn't quote problematic postings in their replies. ;)
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Claim temporary insanity and our new communist overlord may spare your account.
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[quote=foreverwar;34619257]Or as we call it, being reasonable. ;)
Something that you find acceptable other people may find offensive - my wife finds anything stronger than "damn" offensive, and any of the common four letter euphemisms are strictly verboten in our house (teenagers and adults - one rule for all). quote] Exactly. Which is why you need to understand context before you can "judge" something. You dont understand context by simply accepting that some random person that filled in an abuse complaint is legitimate or the their complaint is. It is not reasonable to look at someone elses mail and then claim to be abused by it. |
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imho, it's the perception / context of the recipient that counts, not the sender - that's what people often forget about email, is that the recipient does not know the state of mind / context of the sender (if it's meant humourously, angrily, facetiously, etc, etc), so they can only read what they received, not what was "meant".
btw, how was it a "random person" that complained - surely it was the person who received and read the email (doesn't sound particularly "random" to me), and was offended by a swear word. |
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Irrelavant when it's copied to this forum, the swear rule is there for one reason only and that is the fact that this is a family forum and with any possibility of minors reading the forum has the obligation of removing content deemed unsuitable.
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I find the whole idea that sending an email to a company's group address or distribution list means that it can't offend because it's not addressed to an individual rather a laughable argument. You wouldn't expect to be able to walk down the street shouting abuse to the heavens, without eventually feeling your collar tugged by one of Blunket's bouncers would you? It's the same for the email, and in fact worse. It will be read by real people on behalf of the company, it is those readers that can and will take offence, and since it's sent to a group address, chances are you will offend not just one reader, but a multitude.
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