Terms & Conditions Policies By-Passed

Freenetname's 'Acceptable Use Polices' (AUP) set out what, on the surface, appears to be reasonable procedures for handling complaints by third parties, against users of Freenetname's services.

Chris Coglan, Freenetname's Operations Manager, however, appeared to apply Freenetname's own (AUP) inconsistently and unreasonably selectively.

Albeit in this instance, as Chirs Coglan reports, under pressure from London based lawyers representing the Federation of Smal Businesses, and who were determined to have the HTDBS web-site closed down. Seemimgly without due care to preserve human rights. The action also expose the Federation of Small Businesses to possible legal action against what appeared to be a criminal act.

Section 1 paragraphs 1.01 and 1.02 and the crucial final sentence of Section 6 paragraph 6.03 of Freenetname's own written AUP appears to have been ignored. So why in heaven's name were the AUPs written?.

AUP Section 1 Paragraph 1.01 is shown below

We reserve the right to investigate suspected violations of the AUP. When we become aware of possible violations, we may initiate an investigation which may include gathering information from the user involved and the complaining party , if any, and examination of the material on our servers. Much of the AUP reflect acts which may constitute breaches of United Kingdom legislation or regulations and may insome cases carry criminal liability.

AUP Section 6 Paragraph 6.02 is shown below

"We reserve the right to remove any web page from our servers, at any time and for any reason."

The Final Sentence of AUP Section 6 Paragraph 6.03 is shown below

"Criteria for determining whether a page is inappropriate include the system resources consumed by the page and applicable."

Communications Attempts

A second telephone conversation with Chris Coglan could not persuade Freenetname to review their assessment of the situation. The 2 March 2000 deadline passed but at or about 6.00 pm on Friday 3 March 2000, the web-site had been taken off line by Freenetname, without any final notification of the action to HTDBS.

During a third telephone call to Freenetname on Saturday 4 March 2000, after the web-site appeared to have been taken off-line, Hubert Taylor was told that Chris Coglan would be out of his office up until Monday 6 March 2000.

As at 7 March 2000 since there has been no further correspondence from Freenetname, Hubert Taylor sent an e-mail to Chris Coglan seeking written clarification of the state of web-site and domain www.htdbs.co.uk as well as other information to take the matter further. To date no reply

New Web-Site

To combat the threat of FSB members funds being used to shut its site, HTDBS was forced to established a, paid, web-site.

So what was the real value of a 'free' web-site?

Webfusion, who host this new site, has assured HTDBS that proper legal safeguards are in place to protect the interests of their clients, within the bounds of the law.

As with the previous web-site, this site carries reports which criticise the current administration of the Federation of Small Businesses. The reports included substantiated allegations of misuse of FSB members' funds and unconstitutional procedures.

Free ISP Safeguards Needed

The existence of the '10 Downing Street' web-site aptly demonstrates the capacity of the internet to facilitate communications between all echelons of our shrinking 'world society'.

The foregoing unilateral site shutdown by Freenetname, suggests that the absence of a watchdog for the industry, and, the absence of enforceable codes of conduct of business, could result in free internet services being provided at the cost of possible erosion of freedom of speech and infringe the civil and commercial rights of the users of those services.