The term 'fair usage', which crops up in relation to a much larger muddle that's know as a 'fair use policy', is something that has been a bone of contention, causing friction between consumers and the internet service providers for some time now. What the issue comes down to is false advertisement and problems with the misleading way in which some broadband internet services are marketed.

Most users of the internet will be aware that some broadband services advertise themselves as being 'unlimited', by which they mean there is no restriction set on the amount of data you can download or upload each month. This is as opposed to services offered by Internet Service Providers like BT and Plusnet which set a monthly usage cap, measured in gigabytes, which you cannot exceed without suffering limitations to your connection.

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For some people, those who stream a lot of video, download large files and play lots of online games each month, worrying about a usage cap isn't something they want to do, so many opt for 'unlimited' broadband connections.

However, as you will find when looking at most ISPs websites, their 'unlimited' claims will be asterisked and the relevant footnote will let you know that this 'unlimited' service is subject to the terms of a fair usage policy. This is where things get a little more tricky.

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What are the Terms?

'Fair usage' as defined by most fair usage policies is something that will ultimately put some limitations on any 'unlimited' broadband connection. In most cases this will be a set of rules that silently dictate the way in which you must use your connection during certain times of the day, usually between the 'peak' hours between 6pm-11pm.

Most fair usage policies will require that during peak time you do not use your connection for any data intensive activities like downloading or streaming video, and that if you do perform such activities that you don't do them every day. In some cases this will also relate to a hidden maximum monthly download limit, which for example in the case of Tiscali's fair usage policy only concerns those who download 'over 100GB' in any given month.

What are the Reasons?

ISPs usually state that anyone who doesn't adhere to the rules of fair usage will be having an adverse affect on other customers using the same local telephone exchange, and this is true. You will usually notice that your connection will seem slower during the peak periods when most people are online, and in order to limit the impact of this large volume, fair usage comes into play.

What are the Consequences?

The good news is that for a majority of internet users an unlimited broadband package is great and fair usage is a term they will never really have to deal with. However, if you do breach the terms of fair usage you will usually be given a warning email requesting that you follow the rules.

If you fail to comply the standard procedure for some ISPs is to 'throttle' your connection, basically slowing it down during peak hours to a trickle so that you can't impact the connections of others. They may also begin to funnel your service through servers populated by other 'high usage' customers, which acts as a kind of quarantine for those who breach the fair usage policies.