mystery45
join:2001-06-13
Titusville, FL
| reply to danc694u
Re: Hope they learn something here....
the problem is all of there complaints are under the terms of service they agree to. (it says that they didn't signa anything) legal wise though if you have a service you are automatically bound to the ToS no matter what it is if you sign anything or not. it is understood. i think they are going to have a hard time in court with this. if you look at all the broadband ToS for anyone they basically say this you get an internet conection period. we will fix any problems with that service but you are not given a minimum speed or anything else. so like i said i think they are going to have a hard time with this battle. |
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sadowski
I Am My Own Doppelganger
Premium,MVM
join:2000-04-14
Buffalo, NY
clubs: | The TOS do not negate claims of misleading and false advertising. |
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cbyrd
Where's The Any Key?
join:2001-07-11
Murfreesboro, NC
clubs:
| reply to mystery45
The TOS, no matter how vague, does not protect them from misleading claims. Just because the TOS says "we guarantee nothing" does not mean that they can make baseless claims in their marketing.
In fact, the TOS may very well work in favor of those filing the suit. This clause here would be the one that I'd slap in front of the judge
quote:
Adelphia will undertake reasonable network management, traffic analysis, operational procedures and user policies that endeavor to provide appropriate bandwidth at all times
So now all a judge or jury has to do is decide what is reasonable...I bet it ain't what Adelphia currently thinks it is.
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Powerlink, your reason for dialup |
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danc694u
And Your Point Is?
join:2002-01-10
Moody, AL
|  said by cbyrd:
This clause here would be the one that I'd slap in front of the judge
quote:
Adelphia will undertake reasonable network management, traffic analysis, operational procedures and user policies that endeavor to provide appropriate bandwidth at all times
So now all a judge or jury has to do is decide what is reasonable...I bet it ain't what Adelphia currently thinks it is.
Appropriate bandwidth...is the key word here. It's a given that "dial-up" speeds are not appropriate. Neither is half of "claimed" up to speeds. Especially, if the guy on a lower rung (cheaper package) than I am, gets the same speed as I do.
Would it be appropriate for me to get 10 times my package price? No!
Would it be inappropriate for me to pay twice as much as the guy across the street...for the same speed, although we have differant packages. Yes!
The majority of broadband reviews state that they believe 85% of claimed "up to" speeds is appropriate. Wonder if they could be classified as expert witnesses?
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PSE Mach 9 @ 282 fps Sure-Loc w Super D Scope
ACC Hyperspeed 2-28 @ 29"
3-D Archery Rules |
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SAM Hunter$
join:2001-05-11
USA
|  reply to cbyrd
You are completely correct and accurate in what you've stated and have touched on the nexus of the issue. Adelphia also has the obligation to make a "good faith effort" in all its commitment. In fact it is the that lack of good faith and in the areas that you mention, "misleading claims", and "reasonable network management" that sets Adelphia aside from all other national cable broadband providers. Others may be bad--but Adelphia is the standard for what is atrocious. |
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