dslreports logo
site
 
    All Forums Hot Topics Gallery
spc

spacer




how-to block ads


Search Topic:
uniqs
6262
share rss forum feed

redking

join:2011-09-28
Clearlake, CA

[CA] *NOT ASKING HOW* Is it legal to uncap?

Just ordered mediacom's 15 meg down server and signed a 2 year contract

Had it installed monday

Did a speed test and I am capped at 2.7MBPS down

Called customer service several times and they insist i ordered the intro.

I am wondering since I am paying for 12-15MBPS down if it would be illegal for me to uncap and get the 15MPBS I pay for?

I figure if they try to sue me they have the calls recorded where i requested the higher speed.

What is the legal status on capping and uncapping?


MediacomChad
Mediacom Social Media Relations Team
Premium,VIP
join:2010-01-20
Gulf Breeze, FL
kudos:118
If you would like to send me an IM with your current account or phone number I would be happy to get to the bottom of this for you.


MediacomChad
Mediacom Social Media Relations Team
Premium,VIP
join:2010-01-20
Gulf Breeze, FL
kudos:118
reply to redking
Looks like the order was supposed to be for 12mbps and was keyed for the Intro 3mbps when the order was entered the 2nd time for the new appointment. (15mbps is for VIP Video/Internet/Phone customers)

This has been corrected and your speeds should now be 12mb down/1mb up with the same pricing you were originally quoted on. Let me know if you need any further assistance.

redking

join:2011-09-28
Clearlake, CA
I asked if it was 15MBPS on the phone and she said yes, it was 12-15mpbs

Just figured there was room for error.

Still interested in uncapping to 15mbps if that is the case

Let me know

CappinHoff

join:2007-01-05
Des Moines, IA
Reviews:
·Mediacom
said by redking:

I asked if it was 15MBPS on the phone and she said yes, it was 12-15mpbs

Just figured there was room for error.

Still interested in uncapping to 15mbps if that is the case

Let me know

There isn't a 15MB/S package. It's 12MB/S with a speedboost that will get you to 15. I had the same question when I was getting the service a few weeks ago.

jpatton

join:2010-04-07
Stillwater, OK
reply to redking
It's as what Chad mentioned. If you have the VIP package, then it's 15 Mb. If not, then it's 12 Mb. A look around these forums and you'll see that some of phone customer support people aren't exactly the brightest people and misquote customers every so often. Wish it weren't so, but it happens.

redking

join:2011-09-28
Clearlake, CA
reply to CappinHoff
Then I need to get that speedboost. lol

CappinHoff

join:2007-01-05
Des Moines, IA
Reviews:
·Mediacom
said by redking:

Then I need to get that speedboost. lol

You get it and it's not a sustained speedboost. But like Chad said, 15MB/s is a VIP speed package.

redking

join:2011-09-28
Clearlake, CA
reply to jpatton
Last phone support people I talked to said they would review my phone conversation and bump me up to speeds promised.

We have up to 50MBPS here, so 15 shouldn't be an issue, especially if you are able to get 15 with the phone and cable TV. Having cable TV and phone wouldn't technically boost your service, it isn't necessary, just a marketing gimmick.

redking

join:2011-09-28
Clearlake, CA
reply to CappinHoff
I understand the standard 15MB/s is a VIP package, but i was promised this speed without the VIP package.

I signed a contract based on that information.

If Mediacom doesn't honor their word, I shouldn't be required to either.

CR_Client

join:2005-02-04
Cedar Rapids, IA
said by redking:

I signed a contract based on that information.

If Mediacom doesn't honor their word, I shouldn't be required to either.

Not to be pedantic, but if you physically signed a contract, that contract should have the speed that you were promised, and written contracts supercede oral agreements in all cases.

Did you actually sign a contract? If so, what speed did it say you were getting up to?
--
"Great spirits have always found violent opposition from mediocrities. The latter cannot understand it when a man does not thoughtlessly submit to hereditary prejudices but honestly and courageously uses his intelligence." --Albert Einstein

redking

join:2011-09-28
Clearlake, CA
I was getting 2.7mbps, i was told I was signing up for the 15Mbps

Chad just bumped me up to 12 but I am at work and yet to test it.

I just figured the contract and promise to get 15mbps would protect me from any legal or tos BS if I bought an uncapped modem and set it up for 15mbps

wth
Premium
join:2002-02-20
Iowa City,IA
Reviews:
·Mediacom
said by redking:

but I am at work and yet to test it.

If your speed is still slow when you get home to test it, then unplug the power cable to your modem and wait 20 sec and then reconnect the power to your modem, which will then automatically download the the 12/1 config file from the headend.


MediacomChad
Mediacom Social Media Relations Team
Premium,VIP
join:2010-01-20
Gulf Breeze, FL
kudos:118

1 edit
reply to redking
The 15mbps is a way to reward customers who bundle services.

Standalone internet service is currently not offered at the 15mbps level. We currently only offer the following speeds in most if not all service areas:
3mb download/.5mb upload
12mb download/1mb upload
20mb download/2mb upload

Also, in many areas the Ultra50(50mb down/5mb up) has been added and even in a few areas the 105mb(105mb down/10mb up).

--
MediacomChad
Mediacom Social Media Relations Team
»mediacomcable.com/CustomerSupport/


dvd536
as Mr. Pink as they come
Premium
join:2001-04-27
Phoenix, AZ
kudos:4
reply to redking
said by redking:

What is the legal status on capping and uncapping?

Ask the guy that uncapped buckeye cable that the FBI got involved in and sent to prison.
DON'T DO IT!


halsneb
Premium
join:2005-10-14
Osage, IA
reply to MediacomChad
Chad, does Mediacom actually use part of the provisioned internet speed for phone? It does not use separate service flows for each service? I would have to wonder on the legality of this, if a customer is paying for 12 meg, while it is up to 12 meg, I would think that this would be unethical at best to say part of the 12 meg goes to phone service, the VIP package only applies if you have television as well. I can not believe that the correct QOS and service flows are not in place to keep phone traffic completely separate from the high speed side.
--
"User, Noun. The word computer professionals use when they mean Idiot." -- Dave Barry


halsneb
Premium
join:2005-10-14
Osage, IA
reply to redking
And as a reply to the OP, as it hasn't really been addressed. Yes it is 100% illegal to uncap your cable modem as this boils down the theft of service, and you can be prosecuted for such if you are caught, which is very easy to do as Mediacom will see a modem using too much traffic as once you uncap you can use the full speed ability of the modem which will trigger some investigations.
--
"User, Noun. The word computer professionals use when they mean Idiot." -- Dave Barry


ArrayList
netbus developer
Premium
join:2005-03-19
Brighton, MA
I am kind of surprised that it took that long for someone to tell him not to do it. I read him asking about the legality of uncapping his modem and red flags were going off like mad.

redking

join:2011-09-28
Clearlake, CA
reply to MediacomChad
Doesn't change the fact I confirmed with the rep it was 15MB

My modem can handle up to 43


burner50
Proud Union THUG
Premium
join:2002-06-05
Fort Worth, TX
kudos:1
said by redking:

Doesn't change the fact I confirmed with the rep it was 15MB

My modem can handle up to 43

What does the contract that you signed say?

That is going to be the go-to information... not some unverifiable information that some idiot sales person said.

Either way, I'm sure that any speeds were "Up To" a certain bandwidth.

Uncapping your modem is illegal and considered theft of service, no matter what kind of service you're getting. If the bank charged you extra fees would it be legal to rob the bank?
--
I'm tired of killing stupid people just trying to do my job and go home!

wth
Premium
join:2002-02-20
Iowa City,IA
Reviews:
·Mediacom
reply to redking
said by redking:

I was getting 2.7mbps, i was told I was signing up for the 15Mbps

Chad just bumped me up to 12 but I am at work and yet to test it.

So is your speed issue resolved?

redking

join:2011-09-28
Clearlake, CA
reply to burner50
Do you have any sources you can site? I understand stealing service is illegal, but if I was promised 15MBPS and if I uncapped to 15MBPS and was sued by mediacom they should have the recordings on file of the rep telling me i was signing up for 15MBPS service.

Flashing a phone to receive service from a provider you aren't paying for is illegal, changing APN's, etc. But if my phone isn't working correctly and i'm not able to send txts or make calls I can flash my phone and correct the issue myself - what would normally be illegal if I was flashing to receive free service or cloning a phone.

Uncapping/hacking to receive "free" cable is illegal. Uncapping/hacking to receive speed in excess to what you were promised/paying for is illegal.

But uncapping to receive the speeds you are paying for, diagnosing your own problems, and monitoring your own traffic that you pay for and are liable for, if you can site sources stating this I would appreciate it.

I could understand it being illegal or against the TOS if it was a rental modem because in that case it is not owned by me, but in this case I own my modem and it is mine to do with as I please.

Please note, hacking in and of itself is not illegal in anyway, it's the intent to steal service or violate privacy, I can hack my modems and routers to my hearts content, and I am not breaking any laws until I plug it in to a connection and start pulling data I don't pay for - even so if I was using the hacked modem to pull service I pay for at the speeds I pay for - there should be no issue if I am not using it to pull other user's data, or use it for illegal activity.

About reviewing the contract -

They read me the contract and i said "I agree"

When the guy was there to hook up the cable I signed a paper that said "I have heard/read my contract"

I did not actually get a copy.

MediacomChad is reviewing the calls for me.

I may just upgrade to the 20mbps for an extra $10 a month


burner50
Proud Union THUG
Premium
join:2002-06-05
Fort Worth, TX
kudos:1
reply to wth
said by wth:

said by redking:

I was getting 2.7mbps, i was told I was signing up for the 15Mbps

Chad just bumped me up to 12 but I am at work and yet to test it.

So is your speed issue resolved?

Somehow I doubt 12mbps will be acceptable to him.
--
I'm tired of killing stupid people just trying to do my job and go home!


burner50
Proud Union THUG
Premium
join:2002-06-05
Fort Worth, TX
kudos:1

1 edit
reply to redking
said by redking:

Do you have any sources you can site? I understand stealing service is illegal, but if I was promised 15MBPS and if I uncapped to 15MBPS and was sued by mediacom they should have the recordings on file of the rep telling me i was signing up for 15MBPS service.

It would depend on the laws where you live.

I can guarantee that you were not promised those speeds. That is far beyond the capabilities of your modem.

According to your original post, you're already getting the 20Mbps package.

said by redking:

Did a speed test and I am capped at 2.7MBPS down

2.7MBps = 21.6Mbps

Either way, last I knew Mediacom checked config files daily and this is a quick way to wind up with your new contract terminated for TOS violations (You'll be ponying up for the fee) at the very least. If you're changing your config file to something that is above what mediacom specified, you face liability for theft of services, and you would probably have to gather evidence and go to court to straighten it out. I would wager that you have no proof that anybody ever told you 15MBps.
--
I'm tired of killing stupid people just trying to do my job and go home!

jpatton

join:2010-04-07
Stillwater, OK
reply to redking
I would think modifying your modem would fall under a situation to what you find with modded consoles or cell phones. A service provider (Microsoft, AT&T, etc.) has no requirement to provide service to unsupported devices. I haven't checked, but it's likely Mediacom has the same language in their TOS. By pushing a non-authorized configuration change to your modem, it could fall under the "unsupported device" category and your service could be terminated (with ETF) regardless of what service you think you're paying for. You should continue to work official routes to work out the misunderstanding you and Mediacom are having rather than take matters into your own hands. burner50 See Profile is right... uncapping likely won't end well.


burner50
Proud Union THUG
Premium
join:2002-06-05
Fort Worth, TX
kudos:1
reply to burner50
I want to add this again because I think it fits.

said by burner50:

If the bank charged you extra fees would it be legal to rob the bank?

--
I'm tired of killing stupid people just trying to do my job and go home!

redking

join:2011-09-28
Clearlake, CA
I really need to start recording my calls.

I could post a recording of the rep saying "Yes that is the 15 megabit speed"

And then me agreeing to the contract.

If the bank said i had $1500 in the bank by error and i withdrew $1500 would that be illegal?

You're example does NOT fit.


halsneb
Premium
join:2005-10-14
Osage, IA
said by redking:

If the bank said i had $1500 in the bank by error and i withdrew $1500 would that be illegal?

You're example does NOT fit.

Actually yes, if you withdrew the money even if it was a bank error you would be charged with theft if you did not return it upon request.
--
"User, Noun. The word computer professionals use when they mean Idiot." -- Dave Barry


burner50
Proud Union THUG
Premium
join:2002-06-05
Fort Worth, TX
kudos:1
reply to redking
said by redking:

If the bank said i had $1500 in the bank by error and i withdrew $1500 would that be illegal?

Ummmmm YES!, it is still not your money and they have a right to get it back from you.

My example does fit. Uncapping your modem is like breaking down the door to the vault by force and taking what you want.
--
I'm tired of killing stupid people just trying to do my job and go home!

redking

join:2011-09-28
Clearlake, CA
reply to halsneb
Do you have any sources?

I never realized there were people who actually thought this way.