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Originally Posted by ian@huth
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Originally Posted by Stuart C
You actually answered your own question. They would have to prove it if you took them to court for breach of contract. They would need evidence to back up their claim that you went over the limit.
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The reason that I said they don't have to prove it is that realistically anyone seriously violating the terms and conditions will know full well that they have done so. They will know that NTL will have the facts and figures to back up their case and that taking any court action is almost certainly going to end in failure. They will have to pay the costs of the action and still end up with either a reduced service or no service. Don't forget that NTL usually isssue a warning and only take action if that warning is ignored. |
There are people who will still try the legal action. An example of this sort of attitude is that the Uni where I work. One of our most important rules is students should not plagerise other people's work. This is in all the Uni handbooks, and is also stated on the front of every coursework, as well as in lectures. We have *still* had students attempt legal action against us because they didn't know plagerism wasn't allowed.