Adam Funk wrote:

Since many of you believe that residential customers should be forced
to route all their mail through their ISPs' smarthosts, I think it
follows that ISPs have a duty to provide reliable outgoing SMTP to
their customers.

s/should be forced/are forced, by the realities of today's internet, /

My ISP however claims that "The e-mail is a free service provided by
us and therefore no compensation can be offered for downtime of this
service." (It also claims this about everything other than connectivity: in other words, everything else is a free service, for
 which we have no responsibility, which we provide to people who pay
for an internet connection.)

Clearly, your ISP sucks, and you should either switch to a better one, or do what I did and shell out the extra cash for a static IP so that you can run your own reliable mail server. (In fact, I did both.)

I believe this violates the (UK) Unfair Contract Terms Act 1977 and
am planning to make a formal complaint to Ofcom about it, so I'd appreciate any arguments [1], comments and references to support this
 case.

There's a third option, if you have the stomach for it. I'm interested to see how it works out for you.

- Marc

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