What are the "T&C"?

The "T&C" are blueyonder's "Terms and Conditions" for the provision of an Internet Service. They are available on-line at blueyonder's Terms page

What is the "AUP"?

The "AUP" is blueyonder's "Acceptable Use Policy" for the provision of an Internet Service. It is available on-line at blueyonder's AUP page

What is the difference between the two documents?

The two documents cover different aspects of the provision of the Internet Service. The "T&C" are in effect the legal commercial/ consumer contract between Telewest/blueyonder and its customers. The "AUP" is more of a "Social Contract" than a legal one, defining those actions that are considered "unacceptable" (i.e. if it ain't listed as bad it's probably OK to do it). Its aim is primarily one of education, since many (most?) users of blueyonder are unfamiliar with much of the Internet, its history, its structure and the co-operation that has to take place to make it all work.

What is covered by the "T&C"?

The following is meant as a "Plain English" guide to the "T&C". It is not definitive, and should not be read instead of the "T&C". If it helps in understanding the original document, so much the better, but Telewest/blueyonder's version is the one to which you agree when you sign up for the service, and you are urged to read it carefully and make sure you understand it fully. blueyonder's Terms page

• CONNECTION

  • What will be provided as a "connection" and where Telewest's responsibility starts and ends.

  • That any quoted installation date or precise siting of the installed equipment are "best endeavours" only.

  • That the installers need access to make an installation and you need to provide appropriate and functional equipment to be connected, power sockets etc.

  • Other similar (and mostly obvious) stuff that still needs setting down in writing "just in case", such as the fact that someone needs be around to let the installers in when they arrive.

• SERVICES

  • As long as you comply with the T&C (and its extension, the AUP) then Telewest will provide the services as defined in the two documents.

  • Sometimes things go wrong. Life's like that. It's not deliberate or personal.

  • You asked for it, so you have to pay for it.

  • If you move house, and you're still in a Telewest area, you'll still have to pay for it up to the end of the agreed contract. Telewest will do its best to transfer the service to your new address, but can't promise anything.

  • Sometimes Telewest will give you shiny new things to play with free of charge, but remember that Telewest is allowed to take them away again, too.

  • If your PC starts doing something dodgy like putting 230V spikes down the coax or phone line, Telewest is allowed to cut you off.

  • If you rack up a massive bill on a pr0n site, it's up to you to pay for it, not Telewest.

  • There are no guarantees that the service will always work. Telewest will do its best, but don't rely on it.

• MAINTENANCE

  • If things break Telewest will try to fix them (but don't expect an engineer at 3am). If you don't let Telewest know if something's broken, Telewest won't be able to fix it.

  • If you call out an engineer and forget to stay in when he (or she) is due, Telewest reserves the right to charge a call-out fee. Same if the problem is with your PC and not Telewest's equipment, or you've done something daft like pouring orange juice into your Cable Modem, or the engineer finds that your PC is set up as an online gambling site with a side order of pr0n.

• USE OF THE SERVICES

  • Don't break the law.

  • Don't break the AUP.

  • Don't sell the services on.

  • Don't unplug Telewest's kit. Don't switch it off either.

  • Don't be surprised if you do one of the above and Telewest decides to cut you off.

  • Don't assume that you will always be able to use the service at 100% capacity 100% of the time. This is the Real World. Sometimes things might slow down. Sometimes you might have to share.

• USE OF THE EQUIPMENT

  • It's not your Cable Modem, it's Telewest's. Don't break it, sell it, rent it out, pawn it, let the Bailiff nick it etc. Make sure it's insured, too.

  • If it does get broken, let Telewest know. If you smash it in a fit of pique, you might have to pay for a replacement. If you cancel the service, Telewest is allowed to take it back.

  • If your kit doesn't work with Telewest's kit, or becomes damaged as a result of being connected, that's your problem.

• CHARGES

  • The nitty-gritty of the "You ordered it, you pay for it", plus the fact that prices may change and you may be able to cancel the agreement if they do.

• ENTRY TO YOUR PREMISES

  • If someone from Telewest needs to install, maintain or examine the kit, they can make an appointment or notify you in advance that they will be coming, and you need to let 'em in. If they break something in so doing, they'll do their best to fix it.

  • Don't do anything that might break the kit, stop it working, or make it inaccessible.

  • If you sign up for a Cable Modem it's a 12 month contract, so make sure you either own the place or have a rental agreement that lasts that long.

• CHANGING THE AGREEMENT

  • You can order new stuff for minimum periods or cancel stuff with appropriate notice.

  • Sometimes Telewest might change the service (for better or worse), but will always try to do what's best for its customer-base.

• SUSPENSION OF SERVICES

  • Your service can be temporarily stopped for a number of reasons, including to maintain (and improve) it, if you haven't paid for it, or you breach the AUP.

  • If suspended owing to a breach, Telewest can continue to charge you during the suspension, charge you extra for reconnection, and insist that you promise not to do it again before reconnecting you.

• TERMINATION

  • You can cancel during the standard "cooling off" period after placing your order, or within 30 days of a 10% price increase or a "significant" change to the Service.

  • You can cancel after the "minimum period" of the contract (usually 12 months) with 30 days' notice. If you cancel before then, or without enough notice, you might still be liable for the fees that would have been otherwise due.

  • If you cancel, you have to stop using the service and return all the kit that came with it (or expect to have to pay for it).

  • If Telewest loses the right to be an ISP, there will be no more service.

  • If you owe Telewest any money upon termination, they can take it out of any deposit you might have paid.

• IF YOU BREAK THE AGREEMENT

  • Telewest can terminate the agreement on the spot if you break the law, become bankrupt, or really seriously break the T&C or AUP. (Minor breaches that can be fixed within 7 days might not result in termination, but any repeat is unlikely to be treated so leniently.) Also if Telewest believes you have committed (or tried to commit) fraud against it.

• NOTICES

  • Put and get everything in writing unless you're sure you don't need to.

• TELEWEST'S LIABILITY TO YOU

  • Telewest is liable for provision of the service, but not for any trouble you might get into using it.

  • Telewest acknowledges usual liabilities - defects (except those outside its control); death, injury or damage caused directly as a result of its acts, omissions or negligence; and anything else that it can't otherwise avoid without breaking the law - but not consequential loss; availability or failure of the service (although it will take reasonable care to prevent this); or failure to send or receive information using the service.

  • If you believe everything you read or hear using the service, that's not Telewest's fault and not its problem.

  • Telewest reserves the right to block access to anything they think fit (or unfit).

• MATTERS BEYOND TELEWEST'S REASONABLE CONTROL

  • The "Force Majeure" or "Act Of God" clause. If someone working for NTL drops a manhole cover down a cable pit and cuts a load of fibres, it's hardly Telewest's fault if your connection dies as a result, is it?

• LAW AND ARBITRATION

  • English Law, not Scottish; and if there's a simple dispute Telewest would rather go to arbitration than go to court.

• MARKETING

  • Unless you write to your Local Franchise and say otherwise Telewest reserves the right to send you junk mail and junk e-mail, and to send your details to "associated companies" to do the same.

• PASSWORD, NAME AND CUSTOMER'S DETAILS

  • If someone else uses your password, you're liable for anything they do and any charges they rack up, so DON'T GIVE ANYONE YOUR PASSWORD. If someone does find it out, let blueyonder know ASAP.

  • Setting up a mailbox alias of George.W.Bush@blueyonder.co.uk is one thing; using it to claim to be Dubya himself is another thing altogether, and isn't allowed. If someone's already taken George.W.Bush@blueyonder.co.uk, you'll just have to live with the disappointment, even if your name is George W Bush. Same goes for PWP. If Telewest thinks that your mailbox alias or PWP name is likely to result in your misrepresenting yourself, you may be asked to change it.

  • Aliases and PWP names belong to Telewest. You're allowed to use them, but you can't take them with you if you change to another ISP. For example, if the user mentioned above were to close his/her blueyonder account, he/she would lose all rights to the mailbox alias George.W.Bush@blueyonder.co.uk. (He/she could set up George.W.Bush@a.nother.isp, of course.)

  • If you change your real name, move house, close the bank account used for Direct Debit payments, or anything else happens to make the details Telewest holds on you inaccurate, you have to let 'em know within 30 days.

  • NOTE: There's a misplaced paragraph about software in this section. It will be moved to its correct place shortly...

• SOFTWARE

  • Any software Telewest provides for connecting to the Internet, even if that's all it does, is still Software and covered by standard terms of licensing, copyright, non- disclosure, fitness for purpose and so on. Do not sell, lease, rent, transfer, puncture, burn or incinerate.

• SURFUNLIMITED OFFER

  • Surf Unlimited offers unlimited calls to connect to the Internet for a flat fee. It doesn't explicitly guarantee unlimited call duration. In other words, it is available 24/7, but it may not necessarily be possible to stay connected continuously 24 hours a day, 7 days a week.

• RECOMMEND-A-FRIEND OFFER

  • Cable Modem customers may recommend a friend. That doesn't mean "recommend a complete stranger in the hope of getting a month rent-free", nor "recommend everyone you know because you're sure they won't mind being spammed by Telewest, and who knows, one or two of them might even be interested in getting a Cable Modem".

  • You can only get 12 free months per year, one per recommended friend who becomes a customer. You can't carry them forward, swap them for cash, pay your Cable TV bill with them, use them to pay the milkman etc.

  • You can only recommend someone once, and they have to take the service for 8 weeks, and pay for it, before they are considered to have become a "customer".

  • If someone else recommended them first, tough. If they forget to pay their bill during the first 8 weeks, or break the T&C and get disconnected again, tough. If they were already a customer, tough. If they decide to cancel before the 8 weeks is up, tough.

  • When you recommend someone, they get an e-mail that is, in effect, from you. In recommending someone you are giving Telewest permission to send that e-mail, and permission to use your name and address to do so, and you are promising that they really are a friend and really are fairly likely to be interested in getting a Cable Modem.

  • If you play silly games with this promotion, Telewest reserves the right to bar you from it altogether.

• PROMOTIONS

  • If there are interesting promotional offers or discounts, and you qualify for more than one, don't assume you'll get more than one unless Telewest agrees specifically.

• EXCLUSION OF THIRD PARTY RIGHTS

  • The agreement is between you and Telewest. If your parent or spouse or sibling or offspring or flatmate or pet signed up for the service instead of you then the agreement is between them and Telewest. If you signed, you're liable for everything in it. If someone else signed, they're responsible for whatever you do.

• DEFINITIONS AND INTERPRETATIONS

  • Clarifying that "you" means you, "us" means them, "he" means "she" and vice versa, and that letting you off once for a breach of any part of the agreement doesn't mean Telewest has to let you off ever again.

What is covered by the "AUP"?

The "AUP" is designed to make sure that everyone's Internet Service is as safe as possible from being interrupted or interfered with through your action or inaction. An extension to the "T&C", and just as legally binding, it provides a more extensive and explicit list of what you may and may not do than the "T&C".

• The Internet is an essentially co-operative venture. Not only does Telewest/ blueyonder have to provide you with the service you've paid for (in accordance with the "T&C"), it also has to co-operate with other ISPs to make sure you get to enjoy the Internet as fully as you can, other ISPs have to co-operate with Telewest/blueyonder for the same reason, and you have to co-operate with your fellow customers from time to time as well. For example, if you, a blueyonder customer, want to send an e-mail to a Demon customer, both companies are involved in making that happen, and there is a large element of trust goes into making it happen. The final recipient must also be willing to accept the e-mail, so personal trust is also involved. If another Telewest/blueyonder customer has done something to upset Demon or its customer, the trust may be lost and your mail may not get through.

  For this reason, anything that is likely to cause Telewest/blueyonder to lose the trust of any other ISP or Internet-connected entity is strictly forbidden. Whether through deliberate act or omission on your part, participating in spamming or mailbombing; running an "Open Relay" or "Open Proxy"; hacking or cracking; distributing Viruses/Trojans and other "malware"; sending hate-mail or chain letters; forging electronic tracking information (including e-mail headers and Usenet paths); cancelling others' Usenet posts without permission; in fact doing anything that will bring Telewest/blueyonder to the attention of any other ISP in such a way that trust may be lost; can jeopardise all blueyonder's customers' enjoyment of their Internet Service, and will not be tolerated.

• Telewest/blueyonder wishes to maintain a status that is (incorrectly) known as "Common Carrier" - that is, it provides the medium for the transmission of information, but is not a publisher of that information. In theory this means Telewest/blueyonder has no liability for content served via its network. In practice however, as Demon found to its cost when sued by Dr. Laurence Godfrey in the period between 1997 and 2000, an ISP can be put "on notice" of defamatory material, and then may become liable for its removal, and liable financially for failure to do so.

  For that reason, and to try to preserve as much as is possible of the idea of its "Common Carrier" status, Telewest/blueyonder does not permit the posting, publishing or transmission of material that may be construed as defamatory, malicious, racist, indecent, obscene, or in breach of any UK law including that of copyright. If the material never gets published, Telewest/blueyonder will not find itself in the same position as Demon, being sued for a trivial item but having to pay a non-trivial amount in compensation. Remember, if money is lost in this manner the victims in the end are the customers, who may have to pay increased prices to recoup that loss. Not only must Telewest/blueyonder not be involved in any of these acts, it must be seen not to be involved, so must make explicit mention of them in the "AUP".

• The same idea holds for pirated and illegal material (including pr0n) stored on users' PCs and therefore available to the Internet in any way, as well as for illegal/misleading advertising material. Telewest/ blueyonder must be seen to distance itself from such activities, so must explicitly mention them in the "AUP".

• You must not use the Internet Service to commit a crime (including hacking and cracking, prohibited under the Computer Misuse Act 1989). This ought to go without saying, but is in the "AUP" for the avoidance of doubt.

• You share the Internet Service with all other customers of Telewest/blueyonder. The cost of providing that service includes running the internal networks - which are capable of handling most traffic that arises, and cost a fairly predictable amount to maintain no matter how much they're used - together with the connections with other ISPs throughout the world. These connections ("interconnects" and "peering arrangements") cost based on usage.

  Telewest/blueyonder naturally prefers to limit the amount of traffic carried across these external connections. That is why it encourages the use of proxies (which reduce external connections substantially by holding frequently-requested web pages within the internal network), its own News server (rather than those offered by external parties such as Clara and GigaNews), its own FTP servers, its own PWP servers etc.

• You must "play nicely". Users may run servers on their Internet-connected PCs but may not make those servers available to everyone without limit. This quite simply keeps costs down, which keeps prices down for everybody. Web servers, FTP servers, P2P servers etc. have the capability of causing disproportionately high costs across the interconnects, which means that a few customers can force prices up for everyone if they don't limit what goes in and out of these "private" servers. What's more, such servers can flood the local network segment with traffic, degrading performance for all nearby users, What's more, Upstream (i.e. traffic outbound from your PC) is much more difficult and expensive to maintain than Downstream (i.e. traffic inbound to your PC). That's why services are asymmetric (512/128 and 1024/256). Normal Internet use is predominantly Downstream. Running servers is predominantly Upstream, so more likely to cause problems with excessive use.

  For that reason the running of "private" servers is strictly limited, and users whose servers generate excessive upstream traffic will soon be noticed as their neighbours' services grind to a halt. There is a school of thought that claims that, provided server usage does not cause noticeable traffic (i.e. it stays "under the radar"), users will remain untroubled by Telewest/ blueyonder. Servers may be noticed by other means, however, so it is best to play safe and assume that Telewest/blueyonder knows everything.

  As well as the running of servers, any other activity that is likely to interfere with the enjoyment of the Internet Service by other users is also prohibited.

  Most people don't want to run servers, upload vast amounts of data to News servers, video-conference, and so on. There's enough bandwidth for everyone provided everyone plays nicely and has some consideration for other users. That way everyone gets to enjoy the service Telewest/blueyonder provides.

Last Amended : 2004-09-01 by elfin
Original Author : Malcolm Pack