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KookyMan

join:2001-09-09
Clio, MI

1 edit

Without a meter, Comcast can't enforce the cap

Split from this topic --> »missing bandwidth meter
~sorto'


You know, I still want to argue that until they provide a meter, they can't actually hold you to the cap.

When they say, "There's software to tell you what you've used" my response is this, my software doesn't determine what your software says. That would be like me putting a meter on my water faucets to keep track of how much water I use then trying to tell the water department that their meter is wrong because mine says this. Everything that you can be billed against generally has laws or regulations dictating that you can see their statistic personally/first hand. Scales at the supermarket? You can see the readout. Power Meter, you can see it (Granted reading it is another matter), Water meter, same thing. Yet here comes comcast with the "Here's your limit, we'll know when you hit it, you just get to guess. So far it looks from here like it's more of a soft limit anyways but still it's a bit of a principle to me.
--
I miss my dial-up modem... It was an error correcting modem... I seem to have so many typo's lately.....


sortofageek
Runs from Clowns
Premium,Mod
join:2001-08-19
kudos:23

2 recommendations

Other discussion about "The Bandwidth Meter":
»Bandwidth Monitor for Computers-Suggestions?
»Cap starts today...Wheres da meter???
»Will we be offered a bandwith monitor?
»I need a bandwidth meter for my mac. Please Help.
»Bandwidth Monitors Again
»Is there an update on the Comcast bandwidth meter?
»Bandwidth Meter???
»Where is the Comcast Bandwidth meter?
»The Bandwidth Meter, is it vaporware?
»Doubtful Comcast will ever release the bandwidth meter
»No meter from Comcast, can I exceed the cap?
»"I don't know what's taking Comcast so long with the meter ..."
»Service is metered, but no meter offered
»The Elusive Meter
»Wish someone would sue Comcast - no meter yet
»Metered billing system, discussed many times
»If metered, What cost would you pay?
»Did they decide not to offer a bandwidth meter?
»bandwidth usage monitor?
»Until there is an official meter, there should not be a cap.
»Comcast Releasing Promised Usage Meter
»Change of Primary User Account Resets Usage Meter?
»Monthly Cap- What period?
--
Join Team Helix * I am praying for these friends .


KYL

join:2007-03-07
Wilsonville, OR
reply to KookyMan
I see that you must be referring to the OBVIOUS AUP

»www.comcast.net/terms/use/

And just in case you missed it I've outlined it as well


Are there restrictions on data consumption that apply to the Service?

The Service is for personal and non-commercial residential use only. Therefore, Comcast reserves the right to suspend or terminate Service accounts where data consumption is not characteristic of a typical residential user of the Service as determined by the company in its sole discretion. Comcast has established a monthly data consumption threshold per Comcast High-Speed Internet account of 250 Gigabytes (“GB”). Use of the Service in excess of 250GB per month is excessive use and is a violation of the Policy. See the Network Management page at »www.comcast.net/terms/network/ for more information and to learn how Comcast applies this Policy to excessive use. Common activities that may cause excessive data consumption in violation of this Policy include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol (“FTP”), (ii) peer-to-peer applications, and (iii) newsgroups. You must also ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other person's use of the Service, nor represent (as determined by Comcast in its sole discretion) an overly large burden on the network. In addition, you must ensure that your use of the Service does not limit or interfere with Comcast's ability to deliver and monitor the Service or any part of its network.
Expand your moderator at work


LoPhatPhuud
Premium,VIP,MVM
join:2002-01-06
Albuquerque, NM
kudos:26

1 recommendation

reply to KookyMan

Re: Without a meter, Comcast can't enforce the cap

Wow, everybody rip the speedometer out of your car. Then you can drive as as fast as you want and you can't get a ticket 'cause you don't have a speedometer.


Wayne99021
Premium
join:2004-12-28
Mead, WA
kudos:1
You beat me to it!


nerdburg
Premium
join:2009-08-20
Schuylkill Haven, PA
kudos:1
reply to LoPhatPhuud
Mmmmm more like...If the law required you to monitor you're speed, but speedometers didn't exist.
--
-meh

AVonGauss
Premium
join:2007-11-01
Boynton Beach, FL
reply to KookyMan
Most areas I believe while not having a working speedometer may not be a valid excuse out of a speeding violation, those same areas also require a working and accurate speedometer to be present in the vehicle.


camper
Premium
join:2010-03-21
Bethel, CT
kudos:1
Reviews:
·Comcast
reply to KookyMan
You know, I still want to argue that until they provide a meter, they can't actually hold you to the cap.

In actuality, because of the agreement with Comcast that you agreed to (more than likely, under duress), Comcast can pretty much do whatever they want; up to and including terminating your service.

neil0311

join:2005-07-24
Marietta, GA
said by camper:

In actuality, because of the agreement with Comcast that you agreed to (more than likely, under duress), Comcast can pretty much do whatever they want; up to and including terminating your service.
Duress? Duress means under threat or coercion. No one from Comcast threatened anyone or held a gun to anyone's head to get them to take Internet service.

They offer a product and you are free to take it or leave it. If you disagree with the TOS, then simply order Internet service from another provider.


ctgreybeard
Old dogs can learn new tricks
Premium
join:2001-11-13
Bethel, CT
Reviews:
·Comcast

1 recommendation

said by neil0311:

They offer a product and you are free to take it or leave it. If you disagree with the TOS, then simply order Internet service from another provider.
That's a little disingenious. "Another provider" isn't an option for too many people. And that TOS is an unreadable mass of legalese, as unreadable as the TOS of the "other provider". With the current duopoly system the only choices for most people is little choice and what choice there is is basically badder or worser ...
--
Old dogs can learn new tricks!


EG
The wings of love
Premium
join:2006-11-18
Union, NJ
kudos:10
reply to LoPhatPhuud
said by LoPhatPhuud:

Wow, everybody rip the speedometer out of your car. Then you can drive as as fast as you want and you can't get a ticket 'cause you don't have a speedometer.
Are you lost Phudd ?? !! LOL !!

fiberguy
My views are my own.
Premium
join:2005-05-20
kudos:3
reply to KookyMan
You don't have a meter on your phone line to know how many calls you've used, do you? Yes, they still bill you for what you have and it's "at their word".. right?

Just another example of being held to something "with out a meter" of your own in your hands to check yourself.


Cthen

join:2004-08-01
Detroit, MI
Reviews:
·Verizon Wireless..
reply to LoPhatPhuud
said by LoPhatPhuud:

Wow, everybody rip the speedometer out of your car. Then you can drive as as fast as you want and you can't get a ticket 'cause you don't have a speedometer.
That analogy doesn't apply as the cap is about consumption not speed. Why are so many clueless when they try to make this analogy?
--
"I like to refer to myself as an Adult Film Efficienato." - Stuart Bondek


elios

join:2005-11-15
Springfield, MO
its more like the water co. telling you you can only use 250 gallons a month then having the only way to tell how much you use being meter in a locked box only the water co. can see

Stumbles

join:2002-12-17
Port Saint Lucie, FL
With the locked box in a basement with the lights burned out, behind a door guarded by a Leopard.....


LeftOfSanity
People Suck.

join:2005-11-06
Dover, DE
reply to Cthen
said by Cthen:

said by LoPhatPhuud:

Wow, everybody rip the speedometer out of your car. Then you can drive as as fast as you want and you can't get a ticket 'cause you don't have a speedometer.
That analogy doesn't apply as the cap is about consumption not speed. Why are so many clueless when they try to make this analogy?
Okay, so replace speedometer with odometer. I'm sure you got the point.


LeftOfSanity
People Suck.

join:2005-11-06
Dover, DE
reply to Stumbles
said by Stumbles:

With the locked box in a basement with the lights burned out, behind a door guarded by a Leopard.....
Or easily accessed through your account on their web page, accessed through the intertubes.


Selenia
Gentoo Convert
Premium
join:2006-09-22
Fort Smith, AR
kudos:2

1 edit
reply to LoPhatPhuud
said by LoPhatPhuud:

Wow, everybody rip the speedometer out of your car. Then you can drive as as fast as you want and you can't get a ticket 'cause you don't have a speedometer.
The speedometer breaking would be a better analogy, as the consumer has no choice in that, like not having a meter at Comcast. That being said, you'll still get a ticket for speeding and probably a citation for defective equipment, if it's obviously broken to the officer(or you try using it as an excuse).
--
The new Sony rootkit-Using the ability to remove features you paid for. What's next? Boycott Sony products »[Rant] ps3 update = no more Linux

neil0311

join:2005-07-24
Marietta, GA
reply to ctgreybeard
said by ctgreybeard:

said by neil0311:

They offer a product and you are free to take it or leave it. If you disagree with the TOS, then simply order Internet service from another provider.
That's a little disingenious. "Another provider" isn't an option for too many people. And that TOS is an unreadable mass of legalese, as unreadable as the TOS of the "other provider". With the current duopoly system the only choices for most people is little choice and what choice there is is basically badder or worser ...
Regardless of whether there is another provider, the word "duress" just doesn't apply. There has to be a threat for there to be duress...the meaning of the word just doesn't fit.

Without beating a dead horse, my point was just that it's an Internet connection we're disussing, and the topic is about someone blowing past what is a HUGE upper limit, and as stated in other threads, you also have to be one the largest users on the network to have any kind of enforcement.

If you can't live within that limit then you need to seek another provider or do something different. No one has a right to unlimited Internet and it's not a civil rights violation for the ISP to cap your use in the TOS.

I do agree that Comcast must provide a meter to allow you to know where you stand, and they now do. I thought I was using waaaaaay more than I actually am. Once I had the meter, it actually showed me that I barely crack 100GB/mo, despite having many devices, streaming video, using XBOX and Wii online, with 3 children.

People really must be doing all kinds of suspect things if they are blowing past 250GB and in some case waaaay past 250GB.


ctgreybeard
Old dogs can learn new tricks
Premium
join:2001-11-13
Bethel, CT
Reviews:
·Comcast
said by neil0311:

I do agree that Comcast must provide a meter to allow you to know where you stand, and they now do.
But the main premise of this whole thread is that THEY DO NOT provide a meter. I used to have a meter and now I do not. Many other people are in the same boat.
--
Old dogs can learn new tricks!


baineschile
2600 ways to live
Premium
join:2008-05-10
Sterling Heights, MI
reply to KookyMan
Wait....there is a cap?


Cheese
Premium
join:2003-10-26
Naples, FL
kudos:1
reply to KookyMan
Sure they can, there are other programs to monitor this, this isn't rocket science. Comcast stated they monitor this, to say because they don't offer a way to monitor it, that they can't enforce it, is silly. Man up, get a third party tool and get on with life.

neil0311

join:2005-07-24
Marietta, GA
reply to ctgreybeard
said by ctgreybeard:

said by neil0311:

I do agree that Comcast must provide a meter to allow you to know where you stand, and they now do.
But the main premise of this whole thread is that THEY DO NOT provide a meter. I used to have a meter and now I do not. Many other people are in the same boat.
Mine is there, and as I said, I agree that they should provide a meter.

That still doesn't change the fact that legally they don't have to do so....and you can take the service or leave it. It may not be great customer service, and people can base their buying decision on whether or not it matters to them.

My other point is that for most people like myself, even those of us with multiple devices connected, getting to 250GB AND being one of the biggest users on the network is really tough.

nokiatech

join:2000-10-18
Stuart, FL
reply to KookyMan
Comcast internet service is not a regulated utility. They do not have to provide service to you if they choose not to.

Their reasoning is not relevant.


skuv

@rr.com
said by nokiatech:

Comcast internet service is not a regulated utility. They do not have to provide service to you if they choose not to.

Their reasoning is not relevant.
Actually, because of some franchise agreements they had to make with some towns or counties just to be able to run their coax, they had to agree in some of those places to be able to provide service to everyone, and not be able to refuse it unless the customer isn't paying or has done something illegal in regards to the cable.


gtf

@comcast.net
said by skuv :

said by nokiatech:

Comcast internet service is not a regulated utility. They do not have to provide service to you if they choose not to.

Their reasoning is not relevant.
Actually, because of some franchise agreements they had to make with some towns or counties just to be able to run their coax, they had to agree in some of those places to be able to provide service to everyone, and not be able to refuse it unless the customer isn't paying or has done something illegal in regards to the cable.
Actually, those franchise agreement customer service requirements only cover basic TV service -- not HSI nor CDV nor premium TV.


LoPhatPhuud
Premium,VIP,MVM
join:2002-01-06
Albuquerque, NM
kudos:26
Reviews:
·Comcast
reply to KookyMan
Spock would have a heart attack at the OP's logic and most likely at mine too.

My point, made in extreme rediculosity, was that ignorance of a law (or limit) is not a valid defense for breaking it.

As with others, my Usage Meter has been on again, off again from the start. My router statistics from my old Linksys show I am nowhere near the 250gb so it's of little consequence to me.
--
When angry count four; when very angry, swear.
Microsoft MVP/Consumer Security 2005-2010
Gladiator Security Forum


sortofageek
Runs from Clowns
Premium,Mod
join:2001-08-19
kudos:23
reply to KookyMan

(topic move) Did Comcast remove the bandwidth meter?

Moderator Action
The post that was here (and all 12 followups to it), has been moved to a new topic .. »Did Comcast remove the bandwidth meter?