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Originally Posted by Thunderballs
The issue is whether it constitutes abuse of an individual or harrassment becasue these are the only real contractual issues at stake here and why the clauses exist in the first pplace which is to protect VM from being culpable as an ISP.
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Virgin's AUP and T&C don't make any distinction between sending an e-mail to an indivdual or to a company. And that is exactly the reason why the AUP and T&Cs are there, as it is with any other ISP
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The fact it contains a swear work is substantially irrelevant because it is possible in law to abuse and harrass without using swear words.
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Yes it is and the AUP states "
9.2.8. harassment, whether through language, frequency or size of messages sent, is prohibited"
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It isnt suffiecient in law AFAIK for Virgin to simply invoke wide reaching terminology in their AUP or T&Cs which are unenforceable in law.
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I don't see why it wouldn't be. As long as Virgin prove a breach occured, then they would be enforceable
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As mentioned before as an example - their T&Cs say they can terminate a customers account immediately for any reason. This is not lawful. In court this statement in the T&Cs would be disregarded.
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Actually their T&Cs say they can terminate an account with 30 days notice normally and immediately if it breaks the AUP. You agree to this when you take their services. So I think as long as Virgin have given the notice required within their T&Cs/AUP, the courts could not do anything about it TBH