lvlorpheus
join:2008-02-17
Eureka Springs, AR
| reply to EPS
Re: The new TOS
My question is if they do not enforce this part of the TOS, does it make that part of the TOS weightless? And if that is the case does it not make the whole TOS weightless, or can they just write up as many pages as they want and then just pick and choose whats real and whats not. Would it not be a lot easier to have a TOS that says "We reserve the right to do what ever we want." Or can we expect to hear about half to three quarters of Verizons customers receiving warnings regarding off topic violations. |
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TKJunkMail
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join:2002-03-03
Avalon, NJ
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| said by lvlorpheus  :My question is if they do not enforce this part of the TOS, does it make that part of the TOS weightless? And if that is the case does it not make the whole TOS weightless, or can they just write up as many pages as they want and then just pick and choose whats real and whats not. Would it not be a lot easier to have a TOS that says "We reserve the right to do what ever we want." Or can we expect to hear about half to three quarters of Verizons customers receiving warnings regarding off topic violations. I think they put everything they can think of in there so that they can drop anyone they want and then withstand a lawsuit over it.
An example. Say they have a customer that goes to msg board after msg board spamming something they sell over the internet. Complaints start rolling in to Verizon about that person. Now they can just dump them and say they posted "off topic". Hey it was in their TOS, so sue them and they win.
Of course, they could use some generic "we can dump anyone we want" line. But that would be harder to defend in court.
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funchords
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join:2001-03-11
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| reply to lvlorpheus
said by lvlorpheus :My question is if they do not enforce this part of the TOS, does it make that part of the TOS weightless? Enforcement can simply mean investigating a complaint and ruling it unfounded. You (the customer) may never find out about it. If the ISP acts, it may be a mere warning which would become confidential to all except the ISP and that customer. So just because you don't hear a lot about enforcement, doesn't mean that it doesn't happen.
With that in mind, yes. Selectively enforcing certain provisions and not others can weaken the ISP's hand. Doing so set customers' expectations as to what the future will hold. Similarly, consistently enforcing provisions in the same manner likewise sets a pattern. Patterns of the past are predictors of the future. As it is not a criminal case, a judge or arbitrator will weigh the culmination of all the facts. In the end, the case should end with the judges determination of what probably happened versus how these policies would be interpreted by a reasonable person -- all things considered.
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