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Originally Posted by Sociable
The only reason I can see for the delay of a year before any enforcement is that a larger number of users have now put themselves under the revised wording in the AUP either by being new customers or having changed tiers.
NTL themselves know they are on shakey ground legally as regards those who set up their contract prior to the change and have not subsequently changed levels.
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The ntl contract terms for a service is usually a minimum 12 months. So yes at the time the cap was introduced to the AUP many customers could probably have successfully argued ntl could not have applied it. Now all customers will have been on for 12 months or more and so ntl would be able to vary the contract, with due notice of a month, and remain in compliance with the contract provision. However I doubt the recent letter really constitutes a clear warning that the AUP term has changed if you were a very long standing user and now applies to the customer.
OK I know all the old stuff of whether the AUP is really applicable as contract, or just guidance, and whether the cap is a significant change that affects the contract. Never did get any lawyers to stick their necks on the block and give an opinion on that.