  N O Y B St. John 3.16
join:2005-12-15 Forest Grove, OR
1 edit | reply to EMC2 Re: TOS, AUP, Bit Torrents & Servers, & Bad URL Redirect
said by EMC2 :My intent was to provide a bit of humor by pointing out another example of a "rule" that is driven down our throats on every sports broadcast. Please forgive my reprehensible carelessness for not totally appreciating the gravity of this thread prior to posting. Not a problem. I just wasn't sure where you were going with it. Whether it was sarcasm , sarcastic humor, etc. or what not. |
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 EMC2
join:2007-08-21 Tampa, FL
·Verizon FIOS
| reply to N O Y B My intent was to provide a bit of humor by pointing out another example of a "rule" that is driven down our throats on every sports broadcast.
Please forgive my reprehensible carelessness for not totally appreciating the gravity of this thread prior to posting. |
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  N O Y B St. John 3.16
join:2005-12-15 Forest Grove, OR
3 edits | reply to EverAndAnon
said by EverAndAnon :
As much as anything, the TOS and AUP are just CYA. Do we know of someone who's actually been cutoff by Vz (FiOS-related, that is)? Assuming that to be the case, problem is it leaves the customer not knowing what is ACTUALY okay and not okay? So it is take your chances and so long as we do not decide to nail you you'll be okay.
TOS and AUP should not be CYA. They should spell out what will and will not be tolerated.
In bold all caps at the top of the TOS - AUP is the following. This does not sound like CYA to me.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE AND YOU MUST TERMINATE YOUR SERVICE IMMEDIATELY.
If they are not going to enforce something then they should not put it in the TOS - AUP.
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  N O Y B St. John 3.16
join:2005-12-15 Forest Grove, OR
| reply to EMC2 said by EMC2 :To use any of their broadcasts "without their expressed written consent is strictly prohibited." I believe it's a standard copyright disclaimer on virtually all sports broadcasts. So what is the connection you are making between that and subject of this thread? |
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 EMC2
join:2007-08-21 Tampa, FL | reply to N O Y B To use any of their broadcasts "without their expressed written consent is strictly prohibited."
I believe it's a standard copyright disclaimer on virtually all sports broadcasts. |
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  EverAndAnon
@verizon.net | reply to N O Y B As much as anything, the TOS and AUP are just CYA. Do we know of someone who's actually been cutoff by Vz (FiOS-related, that is)? |
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  N O Y B St. John 3.16
join:2005-12-15 Forest Grove, OR
| reply to EMC2
said by EMC2 :I think you also need to secure the expressed written consent of the NFL, MLB, NHL and NBA. For?
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 EMC2
join:2007-08-21 Tampa, FL | reply to N O Y B I think you also need to secure the expressed written consent of the NFL, MLB, NHL and NBA. |
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  N O Y B St. John 3.16
join:2005-12-15 Forest Grove, OR
2 edits | Some interesting Terms of Service and Acceptable Use Policy items realated to Bit Torrents & Servers, and invalid URL redirects.
Terms of Service 3.7.1 You may not resell the Broadband Service, use it for high volume purposes, or exceed the bandwidth usage limitations that Verizon may establish from time to time for the Service.
Okay so 1) what is high volume purpose? a) Would that include Bit Torrents? b) is it relative to the bandwidth tier the customer has purchased?
3.7.5 You may not use the Broadband Service to host any type of server whether personal or commercial in nature.
Okay so do Bit Torrents qualify as hosting a server?
3.9 Verizon also reserves the right in our sole discretion, with or without notice to you, to modify or restrict the bandwidth available to download content from our Usenet Newsgroup services.
5. ACCEPTABLE USE POLICY. You agree to comply with the terms of the Acceptable Use Policy, which is attached hereto as Attachment A and which also may be found posted on the Website.
See Acceptable Use Policy items below
13.1.3 Termination and/or Suspension by Verizon. Without prejudice to any other rights that Verizon may have, Verizon reserves the right and sole discretion to change, limit, terminate, modify at any time, temporarily or permanently cease to provide the Service or any part thereof to any user or group of users, without prior notice and for any reason or no reason. In the event you or Verizon terminate this Agreement, you must immediately stop using the Service. For termination in accordance with this Section 13.1.3, you shall be liable for the applicable fees and/or Equipment charges set forth in Sections 12.4, 13.1.1, or 13.1.2, (depending on which fees or charges are applicable).
13.2 Terminated Account. Verizon, in its sole discretion, may refuse to accept your application for Service following a termination or suspension of your use of the Service. If your Service is terminated for any reason, you agree to pay a reconnection fee if the Service is reactivated.
What if it was terminated for no reason as specified in section 13.1.3?
15.6 You further agree that in the event you type a nonexistent or unavailable Uniform Resource Locator (URL), or enter a search term, into your browser address bar, Verizon may present you with an Advanced Web Search page containing suggested links based upon the query you entered in lieu of your receiving a non-existent domain ("NXDOMAIN") or similar error message. Verizon's provision of the Advanced Web Search page may impact applications that rely on an NXDOMAIN or similar error message and may override similar browser-based search results pages. If you would prefer not to receive Advanced Web Search pages from Verizon, you should follow the opt-out instructions that are available by clicking on the "About the Search Results Page" link on any Advanced Web Search page.
ATTACHMENT A
ACCEPTABLE USE POLICY
3. You may NOT use the Service as follows: (n) to generate excessive amounts (as determined by Verizon in its sole discretion) of Internet traffic, or to disrupt net user groups or email use by others;
It would be nice to have some indication of what Verizons sole discretion of excessive amounts of traffic would be.
(q) to use the Service to operate a server in a manner that interferes with the network or other users' use of the Service;
This seems to be in conflict with TOS 3.7.5 (see above). Personally I think Verizon should allow personal low volume server hosting for such things as family specific and small hobby clubs like quilt making, basket weaving, etc.
V-7.4 Effective November 20, 2007
Exhibit A
Services in New Jersey provided by Verizon Online - New Jersey LLC. Services in Maryland provided by Verizon Online - Maryland LLC. Services in Pennsylvania are provided by Verizon Online Pennsylvania Partnership. Services in Texas, California, Florida, Washington, Oregon, Idaho, Illinois, Wisconsin, Michigan, Ohio, Indiana, North Carolina, South Carolina and certain areas of Virginia are provided by GTE.NET LLC d/b/a Verizon Internet Solutions.
Source »www.verizon.net/updates
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