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RE: FreeServe Unlimited Time - The End :-(


  • To: <ukha_d@xxxxxxx>
  • Subject: RE: FreeServe Unlimited Time - The End :-(
  • From: "Mark McCall" <mark@xxxxxxx>
  • Date: Fri, 6 Oct 2000 19:23:45 +0100
  • Delivered-to: rich@xxxxxxx
  • Delivered-to: mailing list ukha_d@xxxxxxx
  • Mailing-list: list ukha_d@xxxxxxx; contact ukha_d-owner@xxxxxxx
  • Reply-to: ukha_d@xxxxxxx

>the clause they quote in the email to you (3.1 I think) how exactly
>does it allow them to cut you off? What exactly does it say?

It's got F.A. to do with it...read this and laugh...

"3.1 We will use our reasonable endeavours to maintain the Freeserve
Service in a satisfactory operating condition. As we cannot guarantee
that this will always be the case we do not accept responsibility for
any interruptions or failures in the Freeserve Service or for any
defects that may exist, or for any costs, loss of profits, loss of
data, or consequential losses arising from your use of, or inability
to access or use the Freeserve Service."

>Reason I ask is that in British Law a contract has to be hmmmm
>something like 'fair and equitable' I forget the exact words.
>Generally overall get out clauses like 'And for any other reasons'
>won't stand up in court, problem is no one ever bothers taking these
>shysters to court.

I have just posted the foloowing to FS newsgroup...



Just got the dreaded email.

Freeserve must not be allowed to get away with this!  If they had come
out and said we are loosing money and withdrawing this service with 4
weeks notice I could have understood.

To point us to "Clause 3.1 of our Terms and Conditions" is a
joke.
It's got nothing to do with the amount of time I'm on-line.

They market this service as "un-limited" then they say you're off
because you used it more than 17 hours.  That's not right.  No
warnings were given to users.  Customers treated with total contempt
by FreeServe.

Bottom line is as individual's we're screwed.  However, as a group we
are powerful.  If there are enough of us and those affected have the
enthusiasm and the will we should start contacting everyone we can
think of.

Trading Standards for a start.  BBC Watchdog and all the other "usual
suspects".

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