Quote:
Originally Posted by whydoIneedatech
I think you would find that Virgin have a very strong defense in your signature being on their documents accepting their terms and conditions, and their legal team would take apart any argument you tried to use saying otherwise.
Do you really think any large company would leave themselves open by not adhering to the laws of the land, because if they did they would fail very quickly.
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<edit Rob: deleted>
Thousands of big name corporates are taken to court every year and loose or settle out of court.
I am not saying I have a rock solid case but i do think that a ISP should not be able to effectively disconnect your services for any reason they wish without recourse to the 30 day rule - which is effectively what their T&Cs and AUPs seem to allow.
I know if this were to get any where near court I wouldnt necessarily have a straight forward case and the less straightforward it is the more it is going to cost VM to defend which is fine by me.
The thing that has cheesed me off the most in this issue is that VM have designed their customer facing organisations in a such a way that as a customer with a gripe they do not have any satisfactory way of escalating an issue.
If you have a complaint you'll simply be asked to write a letter or fill out a web form and it seems the Internet Security team can pretty much do what they like and then hide behind the wide ranging T&Cs, AUP.
I lodged my complaint about receiving the letter in the first place with Customer Services and I think I am justified in objecting to being sent a standard letter which if i were to simply ignore to keep the peace effectively accepts I have been in breach of the contract.
I may be in the minority on this forum to hold the view that i think it is well beyond VMs legal obligation to respond to an abuse report for an email such as the one in question here and they are acting unfairly.
I am sure the Internet Security team send out a lot of these letters and probably without much thought or investigation simply becasue someone has filed an abuse report but that doesnt excuse a lack of rigour.
If in my case this isnt so and their investigation was rigorous they have done an extremely poor job of communicating that to me and postively evaded specifics.