Not a question,but something all should know. I have just received a letter from IOL nolimits saying im being kicked off for using ther nolimts (unlimited offpeak surfing) too much! This has to be illegal!Do they not understand what the word unlimited means?I received this letter today 30/04/01 saying its being cut off tommorow.Their tech support were too busy (10 mins on hold).I shall be contacting them tommorow to kick up a stink on this as i had just changed over to esatphone as well,because i was happy with their service!If anyone else had a simmilar problem,please email me. Phillip Robert *Disgruntled esat user*

-- phillip robert (phillip@esatclear.ie (for now!)), April 30, 2001

Answers

Yep ... I received the same notice to be disconnected on May 31th. I e-mailed customercare to let them know,if they decide to cut me off ..I will be seeking legal advice. I was also told of this 75hrs limit per month usage??when I rang for confirmation. I had not heard of this before & had no notice either. I do however, expect to hear from them .

-- Michael Miskella (mmiskella@oceanfree.net), May 05, 2001.

Ref :Reply... Dear Mr Miskella,

Thank you for your mail to Esat Fusion Customer Care.

I appreciate your concerns and would like to inform you that Esat are reviewing the Surf No Limits package at present, due to technical and commercial reasons.

Due to unforseen circumstances we have had to make some changes, we have agreed however to allow customers to keep the service providing they limit their access to 75 hours or less per month. If you wish to avail of this offer please contact us on 1800 923 222.

In relation to the terms and conditions.

Esat Fusion do have the right to change the terms and conditions upon 30 days written notice as outlined below.

(Section 2.1 called Service: "For technical, operational, and commercial reasons we shall be entitled to vary the Service and any aspect thereof at any time." - due to technical reasons, we varied the serviced and decided to remove the excessive users.)

(Also in section 7.1 "it states the Termination: Excluding the CPS residential call services, either party may terminate the agreement upon 30 days written notice to the other and any such termination shall be effective on the expiry of such notice period."-we did send a written letter informing of the termination date and gave them 30 plus days warning

I hope this is of some help to you. Best Regards Olivia Kavanagh Team Leader Customer Care Dept. Esat Fusion 7-13 Cardiff Lane

My replyis as follows.... Dear Ms Kavanagh, Thank you for your reply, I have read in detail the sections outlined in respect of the companies policies. However, as stated in section 2.1 you have selected the reason is due to technical problems.I am perplexed at this excuse,This cannot relate to the usage of the service. I assume, this means that the usage is causing technical problems? the answer surely must be to upgrade the bandwith.The commercial cost was fixed and now it seems it has not reaped the expected income. Would it be more practicable to seek an increase on the NoLimits service, rather than to expect users to divide 75hrs on-line time. Vary the services as outlined can mean many things. To discontinue or suggest usage is the fault is not acceptable. Excessive usage is not outlined in our contract. We signed up to your agreement.

Regards

I await another reply......

-- Michael Miskella (mmiskella@oceanfre.net), May 06, 2001.

I'm fuming mad as well! It happened to me too! Don't they know the meaning of 'unlimited' access after 6 and on weekends? I've diligantly obeyed the off-peak access regulation all the time(and the the need to dial in several times sometimes to get a connect), and this is what happens! Coupled by the fact that i usually don't use it much on weekdays because i don't have the time, and that it is only on weekends that i spend what they might consider an 'over-usage'of time on their bandwidth playing with my friends around with the world. This is disgraceful considering the U.S.A and European countries like Britain, Italy, France, and Germany have ISPs who offer a flat rate charge for 24 hour service dialup(usually less than £25). Yes 24 hour dialup! Lets see sometimes awful service(constant redialing, constant disconnections, and now limited unlimited internet access! That is it! Esatclear or Esatfusion or whatever, really needs to get its act together. Surely there is something we poor nolimits users(now suddenly limited) can do together? If not i think we should just leave their service, hmm i wonder just how many Esat users are based on nolimits, and how much of their profit they would loose if all their customers in that area migrated to the competition? hmm.. Alex *Extremely Disgruntled esat user*

-- Alex (champ530@hotmail.com (just in case they take down my esat account unexpectedly)), May 06, 2001.

What I would like to know is why this '75hour limit deal' hasnt being mailed to everyone affected. Sounds to me like they are trying to keep the people with 'Valid points to make' sweet by giving them this option. Before I heard of this I mailed the OTDR and this is the answer I recieved ----

Here is the reply I recieved from the OTDR.

Thank you for your recent correspondence regarding the withdrawal of IOL 's "No Limits" off peak Internet service.

The Director's role is to regulate the telecommunications sector in accordance with both domestic and EU legislation. On this occasion the termination of your contract, is not a legislative issue rather one of contractual law. In the terms and conditions, which all customers must consent to in order to avail of the "No Limits" service, there is a clause, which stipulates that either party can terminate the agreement given thirty days notice. Although we can appreciate your frustration, Esat are acting within their contractual rights.

We are committed in our aim to provide the Irish consumer with greater choice through increased competition in the telecommunications market. In March of this year the regulator introduced two new access codes for the provision of both Full and Partial Flat rate access to the Internet. We should see the introduction of similar flat-rate Internet packages from other operators, which will ensure a better quality service for all consumers in the future.

*Signature*

Any body know of anyone else who can help in this matter? I cant see the point of having a body to regulate telecommunications if they only regulate certain area's of telecommunications. Something will have to be done if we are ever to rise out from the Stoneage of Internet access that we seem to be stuck in. I myself have been looking at other potential ISP's and am considering signing up for the Chorus Powernet, its a wireless DSL system that should be up to 10times faster than the current dialups and is an 'Always on' connection, for about £40 a month which is a bit steep considering there is a 3GB limit on downloads. Its very unfair to have to settle for the best of a bad lot.

-- KenDragon, ours is not to reason why!!

-- KenDragon (kendragon@esatclear.ie), May 15, 2001.

Hi my name is Martin Hayes and I was the guy on tv3 about esat,I am not letting go of them easily and I am going to try and take them to court,I am also hassling the director of consumer affairs himself not just his office,I need everyone to help me put a case together against esat email me and we can talk more martinhayes1@ireland.com please don't reply on this this is my work email. Also here is something interesting everyone should read,go to the bottom of the page and click on european communities(unfair terms in consumer contracts) regulations 1995 the link is http://www.ucc.ie/ucc/depts/law/irishlaw/subjects/contract.html scroll to the end of the page and click on the link that says european communities (unfair terms in consumer contracts) regulations 1995 ............PAY SPECIAL ATTENTION TO THE FACT THAT THE REGULATIONS COVER ONE SIDED TERMS OF CONTRACT LIKE ESATS ONE,SO AS SUCH THE ODTRS RESPONSE IS BULLS**T,IT WOULD SEEM THE ODTR NEEDS TO READ UP ON LEGLISLATION AND ENFORCE THE LAW(ARTICLE 40 OF OUR CONSTITUTION (1),(3)PARAGRAPHS 1 AND 3 GUARRANTEES THAT ALL OF US ARE EQUAL BEFORE THE LAW AND THAT THE STATE WILL BOTH VINDICATE THE RIGHTS OF CITIZENS AND PROTECT CITIZENS RIGHTS. SO COME ON EVERYBODY PUT PRESSURE ON THE DIRECTOR OF CONSUMER AFFAIRS AND THE ODTR,I MYSELF AM GOING TO DUBLIN ALL OF THIS WEEK TO PRESENT THESE ARGUMENTS IN PERSON!!!

PLEASE LET EVERYONE YOU KNOW WHO HAS BEEN CUT OFF KNOW ABOUT ME......IF I CAN SOMEHOW GET THEM INTO COURT AND WIN THEN WE ALL WIN!!! SO PLEASE HELP IF YOU CAN. thanks Martin Hayes

-- Martin Hayes (martinhayes1@ireland.com), June 23, 2001.