-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1
> Date: Fri, 07 Jan 2000 12:11:23 +1100
> From: Kevin Waterson <[EMAIL PROTECTED]>
> Subject: Re: [SLUG] Optus Cable Modem is available
>
> Robin Whittle wrote:
>
> I have been in contact with Optus and the "acceptable use policy"
> also applies to download limits. I have tried to tie them down to
> supplying me with a copy on the grounds that I would not part
> with $400.00 before I saw it. Still they would not send me a copy
> or actually commit to the existence of such a document... perhaps
> I will contact fair trading regarding this.
Well, this is reminiscent of the days when software license
agreements could not be viewed until the software was opened and
installed, by which you had agreed to the license. Guess the result.
Fair trading prohibits a license from being enforced when that
license is not visable BEFORE use of the product.
If you are not able to view the Acceptable Use Policy BEFORE
you beging using the service, that Policy CANNOT be enforced if you
disagree with any of the conditions. If that policy contains a limit
for downloading or uploading, that limit cannot be enforced unless
you have been notified in writing of said limit before use of the
connection. If the Acceptable Use Policy has not been written, it
cannot be enforced, as you cannot be forced to agree to conditions
if you were not made aware of those conditions before you connected.
For the same reason, the Acceptable Use Policy cannot be
back-dated, as this then falls under the same case. You cannot be
forced to agree with a condition if the condition has not been
given in writing prior to your acceptance of those conditions. The
fact that you have not read those conditions (when they have been
made available) does not bear on the case. It is up to the company
involved to prove they notified you of the conditions and of any
change to those conditions.
The point of this email?? Go right ahead and sign up. If a
download limit is enforced and you have not been given written
details of the conditions of use (aka Acceptable Use Policy), those
condition cannot be enforced.
Aussie
-----BEGIN PGP SIGNATURE-----
Version: PGP 6.0.2 -- QDPGP 2.50
Comment: This message invalid without correct signature
iQA/AwUBOHUtcJZb9oayhFBBEQK1bwCfdSWOl9PIBO5uQAmSm6RDIH9e2nwAoK58
O8MSmEtLmnEJtk/tVcP8Dzia
=ETP7
-----END PGP SIGNATURE-----
Have you visited my homepage recently?
You may be missing out on all the latest FREE
Software, Themes, Screensavers and more!
Visit now at http://come.fast.to/aussie
--
SLUG - Sydney Linux Users Group Mailing List - http://www.slug.org.au
To unsubscribe send email to [EMAIL PROTECTED] with
unsubscribe in the text
