Hi James, 

Thanks for sharing, I will read through it for compliance and future reference  
In principle I am usually very leery about the idea of an ISP determining “Intended usage” for internet users. I think it just sounds not right. Leave alone the Server monitoring clause gives the ISP a wide range of authorities  powers over one’s transmitted content.  

"Service Monitoring 
JTL is under no obligation to monitor a customer's usage, bandwidth, transmissions and/or content of service.  However, JTL may monitor the usage, bandwidth, transmissions and content of service periodically to (i) comply with any necessary laws, regulations or other governmental requests or (ii) operate service properly or to protect itself, its network and its customers and subscribers.  JTL Faiba reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of this AUP or any other terms and provisions applicable to service."

On Mon, Oct 1, 2018 at 10:23 PM James Wanjau <bkwanjau@gmail.com> wrote:
Hi,

I think this is what you're looking for.


Read up on data caps- just ISPs' way of telling you to temper your appetite for data


And JTL have been doing it for a while:


On Mon, 1 Oct 2018 at 21:34, Nelson Kwaje via kictanet <kictanet@lists.kictanet.or.ke> wrote:

Hey folks, 

Please see the below exchange between me and my ISP. They did not get back to me after my reply and the internet was not interred  with since then . Is it legal for ISPs to cut service based on such justifications. 

Cheere 
Nelson 


Dear Mike 
Please send me a copy of the "fair use  policy", I hope it contains a clear definition of the intendned purposes.  
Because I don't recall signing or consenting to  such an agreement.  
Regards 
Nelson 

On Mon, 17 Sep 2018, 16:27 Mike 

Hello

We note that the link is being over utilized hence the course for slow speeds. Something to note is that our various products are governed by a fair usage policy that is supposed to ensure that a product is used for its intended purpose. 
 
From your today’s usage, we note that you are exhausting the FUP limit for the subscribed product: Faiba home 50 Mbps. 
The system is designed to limit your speed for the remainder of the peak hours once this threshold is reached. Kindly consider:
 
i. Upgrading to a higher subscription 
ii. Managing your usage to be within the dimensions of the product.

Kindly see the attached is your average utilization graph and the most active protocols showing your usage for the day.
 


Regards,

Mike



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