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On their webpage they specifically state that "The Optus@Home service does not place a cap or limit on download speeds"

This appears to be false advertising.

http://www.optushome.excite.com.au/speed.html

Exite@home is the company previously reported as being in financial trouble.

The linked article is in relation to Optus@home, which happens to be my ISP.

Optus@home is the joint venture of Exite@Home and Cable and Wireless Optus.

For all intents and purposes, Optus@home is financially independent from Exite@home.

Section 1 is called "illegal activity":

Posting, disseminating or in some cases accessing material which is unlawful. This includes material that is or would be classified RC or X and includes material that is or would be classified R where a restricted access system is not in place. Such content includes but is not limited to: material containing detailed instruction in crime, violence or drug use; child pornography; bestiality; excessively violent or sexually violent material; real depictions of actual sexual activity; obscene material; and content hosted in Australia which is classified R and not subject to a restricted access system which complies with criteria determined by the Australian Broadcasting Authority (ABA). For more information about the regulatory regime applying to online content go to www.aba.gov.au

Disseminating material which violates the copyright or other intellectual property rights of others. You assume all risks regarding the determination of whether material is in the public domain.

Pyramid or other illegal soliciting schemes.

Any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature. If you do violate it

9.1. Optus is not obligated to regularly monitor your usage of the Service. However, in its efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware that you or someone with access to your Service has violated this Acceptable Use Policy or the Customer Terms or you or someone with access to your Service, has used the Service in an inappropriate manner. Although Optus has no obligation to monitor the Service, Optus reserves the right to monitor (and request Excite@Home to monitor) your bandwidth, usage or content, to identify violations of this Acceptable Use Policy; and to protect the Optus@Home Network and other users of this Service.

Who asked them to begin monitering?

There's no indication of whether this is a responsibility under law or whether they have chosen to do this. I note that the policy has not changed since September 2000.

James

Optus@Home needs to realize that what they are doing isn't right. Don't just sit there, contact them!

You can find their support webpage here or you can contact them directly at optushome.support@cwo.com.au

Voice your opinion.

http://www.excitehome.excite.com.au/about.html:

• Excite@Home Australia was formed in June 1999 through the joint venture of leading US broadband service provider, At Home Corporation and Australian integrated communications company, Cable & Wireless Optus.
• 
  
  

  Working closely with Cable & Wireless Optus, Excite@Home Australia delivers Optus@Home, the high-speed cable Internet service.

This link is to the Australian Excite@home press release on the subject. Basically, Optus@home will be buying them out, and it will be business as normal.