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| Dear Mr XXXXXXX, 
 We sent you an email yesterday advising you of the forthcoming change to the off peak period. Exetel has offered a 'free' off peak period since 1st March 2004 and has included in its Acceptable Use policy since that time the specific right to change the period and amount of downloads within that period since that time. Over the succeeding six plus years Exetel has varied both the time and the inclusions of that period some 10+ times, often extending it but almost equally often reducing it as times and circumstances dictate is required.
 
 It is a specific and clearly set out condition of Exetel's Acceptable use policy and is part of the contract in to which every person who applies for an Exetel ADSL service specifically agrees to. If an applicant for any Exetel ADSL service does not agree to it then we do not accept their application.
 
 "Legally" there is absolutely no doubt that Exetel has the right to exercise the option of changing the 'free download period' or, in fact, removing it completely at any time.
 
 Equally obviously no commercial company wants to retain any customer who is not happy with the services that Exetel provides.
 
 We will therefore delay any change to the introduction to the off peak period for all customers who are within their initial contract period until their contract period ends.
 
 We will also delay any change in the off peak period for all customers who are out of contract until September 1st  to allow more time for them to look for a more suitable provider of ADSL services.
 
 Please don't call to further clarify this email. Should you be unhappy with what is set out above please address an email to:
 
 complaints@exetel.com.au
 
 John Linton
 
 (for Exetel Pty Ltd)
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