hmm8
join:2002-05-21
Frisco, TX
|  SR Contract information, Gizmos were FREE
Annual Edition - $199 per year
SunRocket's Annual Edition gives you a year's worth of Internet home phone service for only $199. That's less than $17/month! Cancel anytime and receive a refund for unused months. No term contract required. Equipment and shipping are FREE!
Unlimited calling – U.S., Canada and Puerto Rico
Free international minutes ($3.00 credit every month)
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Over 12 built-in calling features, including Caller ID, 3-way Calling, Enhanced Voicemail, and much more
Two free Directory Assistance calls each month
No hidden fees
No cancellation fees
31 day money back guarantee
Option to add an extra phone number for $4.99 per month
Sign-up Risk FREE!
There is no term contract required. If you aren't satisfied, return your equipment and receive a refund for unused months. After 12 months, your Annual Edition will automatically renew at the full effective rate, currently $199. A one-time $29.95 activation charge applies. If you decide to change plans you may do so at anytime. Cancel within the first 31 days and receive a full refund using SunRocket's 31 day money back guarantee
For a limited time, SunRocket will mail you a FREE Launch Kit with your purchase of this plan. Your SunRocket Launch Kit includes everything you need to get started.
Government taxes and fees apply. |
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Gork
Ou812ic
join:2001-10-06
Juneau, AK | Yes, but what is the point you're making? Sorry, I'm just a bit confused. hehe |
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hmm8
join:2002-05-21
Frisco, TX | there is some discussion here on whether TB has a right to lock our Gizmos and whether they are in fact ours. The above information should make it clear that device is owned by the customers of SR and thus TB had no right to lock it. |
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Gork
Ou812ic
join:2001-10-06
Juneau, AK | Ah, ok - I see your point now. I was actually gonna' make the same point in the other thread but got involved with something else. Thanks for clarifying.  |
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jmcode
join:2002-03-01
USA
| reply to hmm8
This just proves that you paid $0 for it and have lost nothing out of pocket. Also, just because it was free doesn't mean it was yours to keep and use for all purposes. From the TOS:
Copyright, Trademark, and Unauthorized Use. The Service and Equipment and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Equipment, and all Services, information, documents, and materials on SunRocket's website are protected by copyright, trademark, or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively "Marks") of SunRocket are and shall remain the exclusive property of SunRocket and nothing in this Agreement shall grant you the right or license to use such Marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Equipment, other than a nontransferable, revocable license to use such firmware or software strictly in accordance with the terms and conditions of the Agreement, and that the Equipment is exclusively for use in connection with the Service.
SERVICE CANCELLATION
You may cancel the Service at any time by notifying SunRocket according to the procedures specified on the SunRocket website. You remain fully liable for accrued charges, taxes, and fees outstanding at the time of termination, and you authorize SunRocket to process these amounts to your credit or debit card or debit them from your checking account. If you received Equipment directly from SunRocket and you cancel your SunRocket Service, you must return the Equipment to us, as specified on the SunRocket website. If you do not return the Equipment as requested within thirty (30) days of cancellation, you will be assessed additional charges to offset the cost of the Equipment. These charges will increase the amount of your outstanding balance or result in the forfeiture of any SunRocket l Service plan refunds that might otherwise apply. Any returns of Equipment purchased by Retail Customers are subject to the polices of the SunRocket authorized retail dealer where the Equipment was purchased..
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RockyBB
Premium
join:2005-01-31
Longmont, CO | reply to hmm8
SR Terms of Service say otherwise. nice try. |
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JoeG4
join:2001-12-16
945941 | reply to hmm8
I'm sure SunRocket really, really deserves to get their $30 POS back after ripping you off $200.  |
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hmm8
join:2002-05-21
Frisco, TX
| reply to jmcode
yeah, was just reading through it...
here is an interesting clause about class action suit :
DISPUTE RESOLUTION BY BINDING ARBITRATION
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION.
Any dispute or claim between you and SunRocket arising out of or relating in any way to the Service or the Equipment provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator's decision shall be final and binding. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. Without limiting the foregoing, the parties agree that no arbitrator has the authority to award relief in excess of what this Agreement provides.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT, INCLUDING PUNITIVE OR EXEMPLARY DAMAGES OR ATTORNEYS' FEES. YOU AND SUNROCKET BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT
The arbitration shall be conducted in English in Fairfax County in the Commonwealth of Virginia and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or SunRocket may seek any interim or preliminary relief from a court of competent jurisdiction in Fairfax County in the Commonwealth of Virginia, necessary to protect the rights or property of you or SunRocket pending the completion of arbitration.
YOU ACKNOWLEDGE THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL
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Looks like we are not going to be able to have a class action suit after all  |
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undef
join:2007-07-24
Schenectady, NY
| reply to jmcode
So, let's see how this works....
If we cancel the service, they expect the Gizmo back (not always the case in practice, but we'll go with it). If we keep it, the value is deducted from any refunds we are owed.
In that case, instead of Sunrocket owing me a refund of >~$150 they owe me about $100. Oh, and since I'm "paying" for it, I want the damned password |
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Cogdis
join:2007-03-26
Floral Park, NY
 ·Verizon FIOS
 ·RoadRunner Cable
| said by undef  :So, let's see how this works.... If we cancel the service, they expect the Gizmo back (not always the case in practice, but we'll go with it). If we keep it, the value is deducted from any refunds we are owed. In that case, instead of Sunrocket owing me a refund of >~$150 they owe me about $100. Oh, and since I'm "paying" for it, I want the damned password That's a great point. Can we use this practically? |
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LeeOpines
Premium
join:2007-07-18
Crestview, FL
 ·PHONE POWER
·Nuvio
| reply to jmcode
said by jmcode : the Equipment is exclusively for use in connection with the Service. If you received Equipment directly from SunRocket and you cancel your SunRocket Service, you must return the Equipment to us, as specified on the SunRocket website. With what service – The service does not exist
IF (conditional clause), AND (conjunction – two parts must be true).
I received my equipment from SunRocket but did not cancel –therefore the conjunction is not satisfied and the IF does not apply.
Because the conditional IF, & the conjunctive AND are not satisfied “This TOS does not apply.”
My Gizmo belongs to Me , thank you. |
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Cogdis
join:2007-03-26
Floral Park, NY | BAM! LEESOPINE IS 100% RIGHT! |
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undef
join:2007-07-24
Schenectady, NY | reply to LeeOpines
LeesOpine,
I love the logic. Too bad the legal system is seldom logical! |
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jmcode
join:2002-03-01
USA
1 edit | reply to LeeOpines
Does the service not exist? It is still working for many, if not most... Regardless, I think you likely do own it at this point. However, that still does not mean you have should expect it to work with other networks, especially when one is still using it with the SR network as those who had their passwords changed were. It also does not change the fact that the Gizmo was free, so you have no out of pocket loss for it--though the loss of service is another matter once it goes dead. |
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Gork
Ou812ic
join:2001-10-06
Juneau, AK | Mine's currently working with Net2Phone's VoiceLine service as I type... |
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hmm8
join:2002-05-21
Frisco, TX
| reply to hmm8
Just for laughs
♫♫
SR Member Bill of Rights
The SunRocket Member Bill of Rights was created by the company's co-founders, and every employee is committed to its pledge. SunRocket makes these promises to all of its customers:
Genuine Value: You will receive a great service at a great price.
Unconditional Satisfaction: You have the right to a reasonable refund if we fail to perform to your satisfaction.
Bottom-Line Disclosure: We will fully disclose and explain all charges, rates, taxes, and fees before you sign up for SunRocket service.
No Bogus Charges: We will never add bogus "fees" and "surcharges" that masquerade as government-mandated or government-specified assessments. All taxes, fees and surcharges listed on your invoice will be direct pass-through assessments paid at the direction of federal, state, or local authorities.
Common Sense Resolution: Policies will never stand in the way of doing the right thing. All SunRocket representatives have the power to use reasonable judgment to address your concerns and "make it right".
No Cancellation Penalties: We will not penalize you for our failure to deliver upon your expectations. You can discontinue SunRocket service at any time without hassle or cancellation fees.
Privacy: No information about you or your SunRocket service will be disclosed to third parties, unless authorized by law or in order to enable or deliver your services.
Input, Feedback & Response: You have the right to be heard. Your suggestions and comments will be recorded and communicated to SunRocket personnel with the authority to take appropriate action. SunRocket will make all reasonable efforts to acknowledge and respond accordingly.
Dignity & Respect: You will be treated with the utmost dignity and respect in all dealings with SunRocket and company personnel.
Integrity & Trust: We endeavor to fully inform you of available options so you can make timely and informed choices. We will never abuse your trust through deceit, exploitation, neglect, manipulation, or discrimination.
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Gork
Ou812ic
join:2001-10-06
Juneau, AK | Yeah, I found that amusing BEFORE they went under when I was having all my billing issues with them. |
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jester121
Premium
join:2003-08-09
Lake Zurich, IL
 ·surpasshosting
·ViaTalk
| reply to LeeOpines
said by LeeOpines :said by jmcode : the Equipment is exclusively for use in connection with the Service. If you received Equipment directly from SunRocket and you cancel your SunRocket Service, you must return the Equipment to us, as specified on the SunRocket website. With what service – The service does not exist Then your legal right to use the Equipment is expired. |
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