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Um, I'd have to believe that he's not getting a "slow ass" connection if he's able to download 5 gigs a night. That averages out to 60 kB/sec if his downloading is constant all day. If you, say, limit the internet time to 10 hours, it's more like 150 kB/s. So this really isn't the appropriate time or place to be complaining about their speed of service.
To be completely honest, I don't think a lot of you guys are thinking rationally - you just want to bash the big, faceless corporation. Like I said, I hate Rogers' service with a flaming passion, but in this case, they just didn't do anything wrong. It's all in that clause in the TOS.
They don't have to tell him specifically what he can and can't use. That's not what the contract says. The contract says that they reserve the right to amend the service if someone is using what THEY DEEM TO BE excessive bandwidth. You signed the contract, don't whine! You're going to get in a lot of trouble if you're ever working in big business and sign a stupid contract and complain about it's "unfairness" later on! Frankly, I don't think they've been unfair at all. They gave him a warning - they didn't charge him any extra or cut off his service - and they've bothered only 1% of their customers about this.
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