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AT&T's New TOS: Caps, Fewer Legal Rights, Forced U-Verse Upgrade
And a Provision Forcing You to be Polite About it All
by Karl Bode Wednesday 30-Mar-2011 tags: business · Op/Ed · consumers · AT&T U-Verse · AT&T Southeast · AT&T Midwest · AT&T Southwest
Several users have written in to note that AT&T is sending out notifications that their terms of service have changed. The update includes a large number of things AT&T users need to be made aware of, including new language addressing AT&T's new cap and overage plans, mandatory binding arbitration, mandatory migrations from legacy DSL to AT&T U-Verse service, and even language giving AT&T the right to terminate your service should you get angry about any of these changes and take it out on an AT&T representative.

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The new TOS can be found here and acceptable use policy here, both designed to enforce AT&T's decision to begin capping DSL and U-Verse users in May, directing users to AT&T's new usage portal. Users in our forums note the TOS include language requiring you to upgrade to U-Verse (at potentially higher costs, though they'll forgo an ETF if you have to pay more and decide to leave).

The TOS also informs U-Verse users that if they agree to their AT&T contract they lose their ability to take part in a class action lawsuit, and instead must participate in binding arbitration -- a process overseen by AT&T-hired companies where consumers lose more often than not. Judges time, time, and time again have told ISPs this isn't legal, and the case will soon be heard by the Supreme Court.

Should you not like any of these terms of service changes and decide to take it out on AT&T in a manner AT&T deems unprofessional, the company has embedded a bit in their terms of service allowing them to terminate your connection for bad behavior. According to the TOS, AT&T may terminate your service if

you engage in conduct that is threatening, abusive or harassing to the AT&T or Yahoo employees, including, for example, making threats to physically harm or damage employee or company property; frequent use of profane or vulgar language; or repeatedly contacting our customer service representatives for reasons that do not pertain to our provisioning, maintenance, repair or general servicing of your high speed Internet access service after you have been asked to stop such conduct.

That provision may come in handy for AT&T when their caps go live May 2. All in all it's a fairly standard terms of service -- giving AT&T every possible right while eliminating most of yours.


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