 SolarPupHardware GodPremium
join:2002-03-07
Greeley, CO | reply to Bob0000
Re: Comcast Account Suspended for going over "limit" My question is, is how do they know themselves when downloading is too much? I mean, geez.. is it just a stab in the dark... "hey spin me around, i wanna throw a dart at the download limit and we'll not tell anyone we know this but we'll regulate them against that" -- There's gotta be some limit, be it fuzzy or hard, that we should be told about.. instead of them just saying "here's the limit, you're past the limit, but we dont know what that limit is"...
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"Gentlemen, I wouldn't trust this overgrown pile of microchips any further than I could throw it. And I don't know if you want to trust the safety of our country to some silicon diode." |
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| reply to NoProxy
said by NoProxy:
I'll stick with comcast's soft limit, they issue a letter before they cut you off, so you have the chance to make changes.
One risk with this approach is by the time that Comcast has determined that you exceeded the soft limit during month 1, issued the notification letter, and you actually receive the letter, it may be two late to curtain your use to stay under the soft limit for month 2 - potentially leading to your service being cut off before you can react. |
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alalperPremium
join:2000-08-20
Philadelphia, PA | reply to Soapm
said by Soapm:
I consider this questionable at best but they know we do not have the bucks to take them to court nor can we claim loss of revenue since these are residential class services. Until they set a limit???
You don't have to be able to claim a loss in order to sue for false advertising, unenforceable contract (or provisions fo a contract, or specific performance under a contract (written or understood).
I think a game attorney could take them on in a class action and win, including punitive damages.
Any attorneys here???
You can also see this other thread: »It appears to me that . . . . |
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 Big_DPremium
join:2003-06-02
Augusta, GA | reply to Bob0000
Doing a little reading of the TOS... it looks like if they shut you off for a violation of the TOS, they do not owe you a refund. quote:
Termination by Comcast: We may terminate this Agreement (i) at any time without prior notice if you fail to comply in full with any term of this Agreement, or (ii) for any other reason upon thirty (30) days notice to you. In the event Comcast terminates the Service for any reason other than your violation of this Agreement, any fees and charges will accrue through the date of termination but any prepaid monthly service fees for Service not received will be refunded (less any outstanding amounts due Comcast for equipment or other applicable fees and charges).
And before anyone files any lawsuits, remember that you agreed to binding arbitration to resolve disputes with comcast. quote:
9. Mandatory and Binding Arbitration.
Binding Arbitration: If you and Comcast are unable to resolve informally any claim or dispute related to or arising out of this Agreement or the services provided, you and Comcast agree to binding arbitration except as provided below. You must contact us within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute (except for billing disputes which are subject to Section 3), or you waive the right to pursue a claim based upon such event, facts or dispute.
Parties: All parties to the arbitration must be individually named. There shall be no right or authority for any claims to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (such as a private attorney general), other subscribers, or other persons similarly situated unless your state's laws provide otherwise.
Arbitration Services and Procedures: You may select the service to arbitrate the dispute. Please refer to the Arbitration Supplement that is attached to this Agreement as Exhibit B (or contact your Comcast local office) for more information on the various arbitration services and other important terms and conditions. The arbitration will take place at a location, convenient to you, in the area where you receive service from us. Comcast will advance all reasonable arbitration filing fees and arbitrator's costs and expenses, except that YOU ARE RESPONSIBLE FOR ALL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, EXPERT WITNESSES OR ATTORNEYS. IF THE ARBITRATION IS DECIDED IN COMCAST'S FAVOR, YOU AGREE TO REIMBURSE COMCAST FOR ALL FILING FEES, COSTS AND EXPENSES ADVANCED. You and Comcast agree that a single arbitrator will resolve the dispute. Moreover, participating in arbitration may result in limited discovery.
Exclusions from Arbitration: You and Comcast agree that the following will not be subject to arbitration: (1) any claim filed by Comcast to collect outstanding balances for unpaid service or the theft of any service or equipment; (2) any dispute over validity of either party's intellectual property rights or our licenses to operate our business; and (3) any dispute involving violations of 47 U.S.C. ? 551 or 18 U.S.C. ?? 2510-2521.
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You want the truth? You can't handle the truth! |
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 dav0rtranslatePremium
join:2003-06-15
Albertville, MN | said by Big_D:
Doing a little reading of the TOS... it looks like if they shut you off for a violation of the TOS, they do not owe you a refund.
Gee... I wish I could get Comcast service.
Why is cable so much more into TOS than DSL? Or is it just that the Comcast people are very silly? I always get crappy pings to Comcast gamers...
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Ever met someone from Microsoft Q/A? ...EXACTLY! |
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 NEP1611
join:2002-03-27
Northford, CT | reply to Bob0000
Am I the only one that has a feeling that *somebody* is leaving *something* out that would nicely explain everything? The closest I saw is the comment regarding *silver* service but I can't find anything that indicates that that had anything to do with download limits that wouldn't be automatically imposed (in the same way that DirecWay does FAP over a rolling 4 hour period)
Keep in mind, kids, that it's not in Comcast's best interest to arbitrarily honk off their customers.
Inquiring minds want to know!  ) |
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| reply to Bob0000
Re: Comcast Account Suspended for going over "limi I really do think the main reason to gripe here,is that this is just plain unfair to Comcasts customers that have supported them in the past.
Ok,I understand that Bandwidth costs money and they we have "had it good" by eating at the "all you can d/l buffet" - fair enough,they have now decided that this must now come to a end..
BUT .. be fair and just in how you get rid of us - if a rule is set , I will do my best to abide by it,but if I do not know the rule how can I.A month is a long time where your doing stuff on the net (ie Video conf, watching live sports events etc etc) that does not "leave" a deposit of the amount on your hard disc.I know there are thing like DU meter,but why should we go to the trouble of buying them etc to monitor our own connection?
I the last week since I got my letter - I have really cut the amount of video stuff I do to my daughter in the UK down, I guess both her and I will suffer in the end.She will still get the home movies I shoot each week , I will just have to send them via mail etc - sorta a backward step I guess.Comcast will either turn me into one of the "yahoo only" surfers that they want or I will get so "browned off" with it (Good Brit Expression) that I will switch to DSL Shame,as I guess I will go Dish at the same time ,just to make my protest..
There really does seem little we can do here - tow the line and dont do "anything" on their system or switch to DSL.
Does anyone know anyone in the Media that can "make a splash" about this? |
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| reply to Bob0000
@NEP1611
Last week,I spent the best part of 3.5 hours on the phone with the guys at the IP Abuse dept (the people that send out the letters),in the period of time,and after a lot chatting while trying to keep very calm and collected and be VERY respectful.I did feel they were being VERY VERY evasive in answers to my many many questions.I dont think I got one direct answer the whole time.You could tell they really did know "everything" about and what is behind these letters,but where VERY unwilling or almost scared to divulge any info..
EXAMPLE:
They tried to give the impression I was the only one that had been given a letter,when I asked where the letters were printed and came from,I was told they did not know.I then asked the guy to confirm I was talking to "the IP Abuse people in Cherry Hill NJ" after some pushing he admitted that yes I was - guess what,the letter was postmarked Cherry Hill NJ - so he did know - how do i know this? -+ well I only live over the Bridge from Cherry Hill in Philly , so I drove over and found the address on the letter , it is a VERY small suite of offices.
So to sum up - there is alot more to this than meets the eye - I do infact feel a little sorry for the IP abuse guys - they must spend all day fending off paying customers for a policy they know is flawed and unfair (the not telling what the limit is).. |
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 dvd536as Mr. Pink as they comePremium
join:2001-04-27
Phoenix, AZ
kudos:4 | reply to Bob0000
Re: Comcast Account Suspended for going over "limit" Its pretty much pointless to give a download speed increase and have a bytecap. only lets your customer hit their bytecap faster. ask any of the canadian companies that had caps then later on removed them. of course this person was suspended for excess usage not just billed for X amount of bandwidth over the 'unknown' limit. this is like a speed limit sign on the road that reads 'SPEED LIMIT: you know what too fast is'. its plain wrong to kill someones account for overusage without telling them what the cap is so they can watch their usage.
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You can never be too rich, too thin or have too much Bandwidth |
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tracyjo
join:2003-09-15
Bala Cynwyd, PA | reply to Bob0000
Re: Comcast Account Suspended for going over "limi Looking for anyone dealing with this issue in the delaware valley-- who would like to talk about it.
I work for NBC10
please contact me
tracy.davidson@nbc.com |
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| reply to Bob0000
Re: Comcast Account Suspended for going over "limit" I don't like comcast and never have. they're like MSN who whine about my online usage when I was on dialup for 200 hrs a month, so much for unlimited connection.
got fedup and went bellsouth, faster and infinite usage.
The End. |
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 NerdtalkerWorking Hard, Or Hardly Working?Premium,MVM
join:2003-02-18
Tucson, AZ | reply to Phucker
said by Phucker:
I wonder is that applies to a employee of Comcast?;)
Sure hope not. I was just inquiring to my supervisor about getting 2 Pro packs for my home.
Where'd you get that picture? Is that a screeny of the software Comcast uses to monitor us? It'd be great if we could find out how much we're transfering. |
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| reply to Big_D
said by Big_D:
Doing a little reading of the TOS...
Is that the same TOS that does not even describe what The Service is?  |
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| reply to Nerdtalker
said by Nerdtalker:
said by Phucker:
I wonder is that applies to a employee of Comcast?;)
Sure hope not. I was just inquiring to my supervisor about getting 2 Pro packs for my home.
Where'd you get that picture? Is that a screeny of the software Comcast uses to monitor us? It'd be great if we could find out how much we're transfering.
I use Crystal Internet Meter (not free)
»www.casdk.com/prod/cim/
it works great. |
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NerdtalkerWorking Hard, Or Hardly Working?Premium,MVM
join:2003-02-18
Tucson, AZ | I already have MRTG, I guess I'll use that... |
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| reply to dav0r
"Gee... I wish I could get Comcast service.
Why is cable so much more into TOS than DSL? Or is it just that the Comcast people are very silly? I always get crappy pings to Comcast gamers..."
I explained it earier in this thread. DSL has one Central office that everyone in the area connects to while Cable has nodes all over the place that house a mere 400 people each. When bandwidth becomes a problem with DSL they can allocate what more they need at the CO while with Cable they have to scramble to find the node (much of the time they don't even know about it until customers start complaining), buy and install a new node in that neighborhood and split the overloaded node. It's very costly to do this and to up keep countless nodes in every nook and cranny of a metro area. DSL they have a CO here and there and that's it. All cable companys are anal about bandwidth hogs, Cox who implimented a 30 gb cap awhile ago is probably the worst. You just hear so much more about Comcast because they have millions more subscribers then any other Cable company.
It's just the nature of the beast. DSL is cheaper to maintain thus far fewer restrictions. |
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NerdtalkerWorking Hard, Or Hardly Working?Premium,MVM
join:2003-02-18
Tucson, AZ | said by Sidebar:
Or is it just that the Comcast people are very silly? I always get crappy pings to Comcast gamers..."
If you are getting crappy pings it must be your connection, because my pings are fine. And no, I am not and the majority are not "very silly". |
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Reviews:
 ·RoadRunner Cable
| reply to MrJames
Does anyone know what is the limit, if any. for Adelphia Power Link. I found the following paragraph, which doesn't explain what the actual limit is:
"You agree not to use the Adelphia Broadband Service or any
Equipment or Software provided by Adelphia: to improperly interfere with, inhibit, degrade or restrict the use and
enjoyment of the Adelphia Broadband Service by others or Adelphia's ability to deliver the Adelphia Broadband Service to users and to monitor the Adelphia Broadband Service, backbone, network nodes and other aspects of network servicing, including, without limitation, by sending excessive data transfers that exceed any consumption limits that are now in place or may be established in the future for the package to which You subscribe"
This a bunch of B#%#$S#%#$@#. First they tell you that there is a limit, and then they don't tell you what the limit is. |
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NerdtalkerWorking Hard, Or Hardly Working?Premium,MVM
join:2003-02-18
Tucson, AZ
| said by RavenTKR:
First they tell you that there is a limit, and then they don't tell you what the limit is.
That's exactly the problem right now. Comcast is sending out letters on a whim as far as I can tell, and has no actual limit published. It could be Comcast trying a sneaky/subtle way at getting back at p2p'ers though, but I highly doubt it.
[text was edited by author 2003-09-16 00:29:24] |
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dav0rtranslatePremium
join:2003-06-15
Albertville, MN | reply to Nerdtalker
said by Nerdtalker:
If you are getting crappy pings it must be your connection, because my pings are fine.
Actually it's only to Comcast users in my area. It's weird. I'll get a ping of 50 (from Kansas) to someone in New York, a ping of 60 to someone in San Francisco, then I get 110ms to someone with Comcast less than 50 miles from me. It's f'ed up.
It MAY simply be that our ISPs do not talk well together in my area. If I knew the pop I was going to and could do a tracert I could tell you, but anyway...
For the record I have a 6.0/384 (soon to be 608up) DSL line. Maybe the guys I played with had too many neighbors, a short cousin sharing the switch, or lied and only had 128Mbps upload or ???
It's just sad that cable is so available and trendy because a spike in users in an area exacerbates the biggest cable issue of 'node overload' discussed previously. If I had it I would tell all my neighbors that it sucks and not to get it so I could have more bandwidth.
And that is SO LAME that someone got disco'ed because they downloaded too much? I would FREAK OUT.
AND... where does the ISP pride come from? Whenever someone has something different the other person always acts like you called them a bad driver or something. It's hilarious.
(***** *****)
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Ever met someone from Microsoft Q/A? ...EXACTLY! |
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