Roadrunner Gets 'Xtreme'Time Warner Cable's new tier pops up in Ohio ( old news - 09:32AM Thursday May 01 2003) tags: bandwidth · cable Time Warner cable has been busy redefining the word "unlimited" in some regions, targeting heavy bandwidth abusers in both Nebraska and Ohio while unveiling a new speed tier. We were the first to report in mid-April that Time Warner had begun sending out warning letters to subscribers targeted as bandwidth abusers. In the letter Time Warner suggests users upgrade to "Roadrunner Xtreme", a speed package which offers 3Mbps downstream and 512 Kbps up service, with a 40GB per month download limit for $79.95 per month. Since that time the same reports have surfaced in Ohio. Users there are complaining that their service has always been advertised as "unlimited", and now face download caps and higher prices with little to no advanced warning. This disgruntled fellow has posted a letter from Ohio's Time Warner division to his website, and complains that his TOS said nothing about the application of download limits. He suggests that Roadrunner is "trying to hide, illegally add, and use deceptive practices on users."While Time Warner in Nebraska has recently upgraded their usage policy to inform customers about the new restrictions, Ohio was apparently a little slower, and is charging $89.95 a month for their "Xtreme" tier. If you're feeling the need to hook up multiple PC's, you could order "Roadrunner Family Plus", which apparently offers the same speeds for $99.95 a month. In Nebraska users are informed that straying over the 40 gig a month download limit will cost them ten dollars for every 5 gigabytes above the limit they travel. In Ohio, users are being charged $12.50 for every extra five gigabytes of data gobbling. According to this ongoing thread in our Roadrunner forum, most of Time Warner's markets have yet to witness these new caps; many simply offering 3000/768 business class service for customers with greater needs. Cable Datacom News and a few other sites have since picked up on the story. Is Roadrunner Xtreme the creation of isolated franchises adjusting to regional bandwidth issues? Or is this a new tier being slowly (and sloppily) rolled out on an official level market by market?
Related:- Metrocast Offers Fiber To The Home
- Comcast Still Fighting FCC Throttling Sanction
- Comcast Bandwidth Meter Still A No Show
- RCN Preps DOCSIS 3.0 Launches
- Comcast Launches Wireless Broadband In Philly
- Charter Offers 60 Mbps In California
- Comcast Slammed For Non-Existent Throttling Changes
- Mediacom Hints At 50, 100 Mbps Speeds
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 russotto
join:2000-10-05
Collegeville, PA |  A bit pricey for cable.
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|  | vic102482
Premium
join:2002-04-30
Upper Marlboro, MD | Re: A bit pricey for cable. Bandwith caps SUCK. If they can deal with the users then dont over suscribe the network. | |
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juilinsandar
Texas Gooner
Premium
join:2000-07-17
San Benito, TX |  Re: A bit pricey for cable.
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Always remember you're unique...Just like everyone else. | |
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Omega
Displaced Ohioan
Premium
join:2002-07-30
Cheyenne, WY
clubs:  | Re: A bit pricey for cable. I can't believe people would actully pay for the family plan. Apparently they do not know of routers.
My freind has Cox cable and he is under a cap, but breaks it daily. Since his router masks his IP, cox has yet to write him a letter. | |
| | | | | NGOwner
join:2000-11-21
Leawood, KS
| Re: A bit pricey for cable. You don't honestly believe that Cox doesn't know what your buddy is using, do you? No router can hide one's usage from the ISP one uses. No device can.
[NG]Owner
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It is impossible to create an idiot-proof product. Humanity is simply too adept at churning out better idiots. | |
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kba4
join:2001-10-23
Canton, OH
 ·RoadRunner Cable
| Re: A bit pricey for cable. that's correct; how would masking the IP do anything? the data passes through the ISP's network eventually, so they'll be able to measure it then. it is possible that this guy's network is setup to assign multiple IP's from the cable modem, which really defeats a main purpose of having a router in the first place, and the modem is acting as a switch between the LAN. in this case, your modem stats will reflect total LAN usage, both locally and to the net. in any case, the ISP can see the modem's stats, and so nothing is hid anyway.
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roadrunner is a good name for the service; i don't remember one cartoon where we actually like the rr character  | |
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Omega
Displaced Ohioan
Premium
join:2002-07-30
Cheyenne, WY
clubs: | Re: A bit pricey for cable. well, he hasn't gotten caught yet, so more power to him. | |
| | evagilon
join:2003-01-10
Imperial Beach, CA | But for how much longer? I'm sure your prices will jump soon. | |
| | | rradina
join:2000-08-08
Chesterfield, MO
·Charter Pipeline
| Re: A bit pricey for cable. Why is it ALWAYS the assumption that prices will rise?
Prices should fall. Does the fiber get rusty with age? Does it pass less data the older it gets? Usually technology marches forward enabling faster and faster throughput while costs continue to drop.
At one time 9600bps over dialup was beyond belief. 56K was astonishing. Now our broadband connections are delivering data across the country at speeds faster than the original IBM PC's MFM fixed disk.
Tomorrow we'll laugh at 1Mbps. We'll be complaining because it our $50/month service is capped at 100Mbps or 1GBps. Of course the average web page will contain 10 megs of pictures that need to transfer to our computers in under a second to make the web experience pleasant. I fully expect half or even a majority of that the size to be ad related. | |
| | | | IAmTheEvilest
There Is Nothing Like A Restart
join:2001-01-03
Santa Barbara, CA
clubs:
| Re: A bit pricey for cable. Although fiber does not get rusty, it has a tendency to expand and contract. Sometimes, that can cause problems with data transfer. It is also a bit more prone to breakage than copper, and is more difficult to fix.
Not only that, components made for fiber networks have not been tested for a extended period of time, so we cannot yet determine the longevity of fiber.
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The two biggest things: the universe & human stupidity --Albert Einstein | |
| | | | | RocketShip
join:2002-04-21
Minneapolis, MN
| Re: A bit pricey for cable. So the phone and cable companies are upgrading to fiber optic because it is less reliable and more expensive than copper?
I don't think so. Every technology has its particular issues, but that doesn't change the fact that per unit of data transfer, fiber optic is VASTLY more dependable and cheaper than copper.
While what you state may be true, it doesn't affect the big picture. | |
| | | | Shoriyuken
join:2002-12-19
Santa Rosa, CA
| Why do we assume prices will rise? Because so far cable prices always HAVE risen. Especially in my area.
[text was edited by author 2003-05-01 12:30:52] | |
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Dirk Daring
join:2000-08-03
Ashburn, VA | Re: A bit pricey for cable. Ditto in mine. Hell, Adelphia could add $20/more a month and probably keep 90% of subscribers. They have a monopoly here. DSL will never come because of fiber along every major street. | |
| | | | jims2321
join:2000-04-05
Oviedo, FL
 ·AT&T Southeast
| History of Cable has been one of price rising and services declining. Nothing recently has changed that. In areas where there is no competition (about 80% of cable territories are captive, ie no competition), prices have on average risen 5 to 7% year over year. Don't be fooled by your current bill, because in two years you will be wishing for that price again. | |
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Speedy8
Premium
join:2002-08-22
Alliance, OH
clubs: | Yeah, My cable was originally $40 a month 6 years ago and wasn't capped. After awhile they capped it at 2Mbit. Then they raised the price to $45 awhile later. Now usage caps. I mean was it not profitable up until now, or are they just greedy? | |
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Maxo
Your tax dollars at work.
Premium,VIP
join:2002-11-04
Tallahassee, FL
clubs:
·Embarq
| Bright House Networks. This is a little OT but isn't Time Warner Cable no longer Time Warner Cable and now Bright House Networks. That's what the commercials here in Florida are advertising.
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Militarily speaking its only fair to say that Cobra Commander is a world class bafoon - Destrohttp://maxolasersquad.com | |
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Hall
Premium,MVM
join:2000-04-28
Dayton, OH | Re: Bright House Networks. Not in (Western) Ohio. | |
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J D McDorce
Premium
join:2001-12-29
Westland, MI
| said by »www.freep.com/money/tech/mwend14···314.htm:
Some 2.1 million subscribers of Time Warner Cable in parts of Michigan, Florida, Alabama, Indiana and California will soon make their monthly checks out to Bright House Networks.
That's the new name for Time Warner cable operations that were taken over by Advance/Newhouse, a privately owned newspaper and magazine chain. The change takes effect April 1.
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| | namek581
join:2001-12-22
Austin, TX | Advance/Newhouse (division of Bright House) took over Roadrunner's (and Time Warner Cable) activities in Tampa and the rest of Florida I do believe. | |
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Maxo
Your tax dollars at work.
Premium,VIP
join:2002-11-04
Tallahassee, FL
clubs: | Re: Bright House Networks. Oh, that makes sense. Thanks. | |
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swsamurai
Premium
join:2002-04-17
Bakersfield, CA
clubs: | Yeah... they got us here in Bakersfield,Ca. too... do they subject you folks to the same irritating commercials with the whistling? God I hate that... if it was based on that alone I would cancel my service!!! | |
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Maxo
Your tax dollars at work.
Premium,VIP
join:2002-11-04
Tallahassee, FL
clubs:
·Embarq
| Re: Bright House Networks. No whisteling commercials. But the they are irritating. "Ever since I hung up on my dial-up connection and got us a bright house my kids nominated me for mom of the year." "WAY TO GO MOM!!" I think they believe their customers to be stupid so that's who they are catering to.
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Today I didn't even have to use my AK, I gotta say it was a good day. - Ice Cube www.maxolasersquad.com | |
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swsamurai
Premium
join:2002-04-17
Bakersfield, CA
clubs:
·Bright House
| Re: Bright House Networks. Ours have a pretty suburban setting at sunset with the nausiating whistling (Which I am convinced is sending a secret subliminal message, since it has no other intrinsic value.) as a young boy rides his bike down the street houses light up, topiaries come alive, and then the scene pulls away to see the entire city light up.
"Time Warner Communications is now Bright House... is your house a Bright House."
If it were based on the bill alone, I would say no... I am stupid for paying this much! | |
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ArchAngel21x
MacFan Pro
Premium
join:2001-10-28
Lincoln, NE
·Internet Nebraska
| Hasn't Happened To Me Yet.... I don't know how much bandwidth I use in a month, but I only have one computer hooked up the my connection. Ever since I heard of this I turned on file sharing programs off too.
If worse comes to worse and they send a letter like that to me, I will just switch to the lowest business class tier. It is still about $10 cheaper than Road Runner Extreme, and I really don't need 3 meg down.
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Death Is Irrelevant. | |
| | Freezone
join:2000-09-29
Southfield, MI | Re: Hasn't Happened To Me Yet.... Any worldcom provided DSl is better. 40 gigs is a lot, but even so know it is there is not a good feeling. Guess DSL is winning the DSl Cable debate. Ecept for those people with crappy service and who can not get it. | |
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ArchAngel21x
MacFan Pro
Premium
join:2001-10-28
Lincoln, NE | Re: Hasn't Happened To Me Yet.... Thing is that won't happen. I would not put it past TW to just sent out more letters the more people pass 15 Gigs. I may have to cool it with the streaming audio now.
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Death Is Irrelevant. | |
| | 
EFudd
Premium
join:2001-09-08
Brownsville, OH
| Seems there are two options available. Stay with RR, but go with their Teleworker package. Which, so far, is still only $50/month here in Columbus, although they lowered their upstream cap from 768kbit to 512kbit for that package. So far it doesn't seem to have a GB cap( and so far, no 15gb limit letters sent out in columbus at all -- must be do all of the competition )
Or you could always switch to Speakeasy.net. $99/month gets you 1.5 down and 768 up. Yes, thats 768kbit( about 92,000 bytes/sec ) upstream( no transfer caps ). It comes with 2 STATIC ip's and your allowed to run servers. Screw RR extreme and their 40gb month cap( assuming its 40gb in western ohio just like in NE ).
As the only tech person in my family, my family, family friends, even people where I work, all ask my opinion. I used to tell them to "Get RR. Their great." Now I'll be telling them dont bother with RR. Their turning into AOL, and AOL is horrible.
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Do you SetiAtHome | |
| | altacon
join:2003-05-07
Greensboro, NC
| We just got a call here in Greensboro about this. Here, they are only calling people that have exceeded the limit. Sucks to be one of those people hovering just below 15Gb and haven't broken it yet. Nothing on the local website shows they want to do it, in fact, it still says UNLIMITED (they even use the all-caps) access.
Time to look at DSL, I guess. | |
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rds24a
Teach Your Children
Premium
join:2000-12-13
Springboro, OH
clubs:
·RoadRunner Cable
| Not all of Ohio, I suppose There is no indication from TWC Western Ohio that there is any such "Extreme" offering yet. Most ISP's are rewording their information to say "always on, no hourly charges" instead of "unlimited," although the exact wording on www.timewarnerohio.com is "always-on connection with unlimited, instant access." The www.roadrunnerohio.com does not use the word "unlimited" any more, and I sure everything is superceded by the terms and conditions.
This isn't that much different from the days when dial-up access providers started putting in idle timeouts and connection time limits in order to free up their modem pool. The biggest problem with bandwidth monitoring is that most users don't always have complete control of everything coming across their connection. I doubt anyone runs up 5 GB/mo worth of spam, however. Unfortunately, from my web hosting experiences, the bandwidth monitors themselves tend to be flakey, and I don't believe RR is offering any sort of user-accessible meter as a part of their caps.
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»www.brittanyrescue.org | |
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Speedy8
Premium
join:2002-08-22
Alliance, OH
clubs:
| Re: Not all of Ohio, I suppose "always-on connection with unlimited, instant access."
What's funny about that is RR claims on some site that "unlimited" means "always-on". Yeah right, they are just trying to mislead you. Other wise why would they use that phrase? If unlimited means always-on we can change it to "always-on connection with always-on, instant access."
Sure doesn't seem like that is what they are trying to imply to me. They are trying to make it sound like "unlimited" when it isn't. | |
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rds24a
Teach Your Children
Premium
join:2000-12-13
Springboro, OH
clubs:
·RoadRunner Cable
| Re: Not all of Ohio, I suppose unlimited - adj. - without boundaries or limitations
No where in unlimited does it say anything about not hosting servers, bandwidth caps, or to be strict - speed caps.
There was a time when fine print was used to clarify certain details of the otherwise dominant main documentation.
With everything from software to ISPs to car loans, now the fine print dominates and often supercedes the main front of a particular offer. There is legal precedent that fine print cannot override "large print" information, but when it is Joe User versus HyperGlobalMegaNetworkCompany, there is no practical recourse...and we haven't talked about the blanket "subject to change at any time" disclaimer that accompanies everything nowadays. It's a real bitch but it's nothing new....
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»www.brittanyrescue.org | |
| | 
TWCEmployee
@rr.com | As an employee of Time Warner in Western Ohio, I am here to tell you that this also includes Western Ohio. | |
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rds24a
Teach Your Children
Premium
join:2000-12-13
Springboro, OH
clubs:
·RoadRunner Cable
| Re: Not all of Ohio, I suppose Then a few questions:
1. Is not the word "unlimited" on roadrunnerohio.com's information misleading, since there clearly are limits on usage of the service?
2. How can users view their current usage of the bandwidth quota?
3. Do email messages count against the quota, since individual users clearly do not have control over what emails they receive (for example, being spammed with 50+ 500kB emails from some unknown worm-infected computer)?
4. What notification is RR providing to users as they approach the quota, thereby providing a legally defensible notification prior to charging?
5. What is the appeal process for when users dispute the amount of bandwidth recorded by TWC (this is a rare but necessary process as evidenced by the technical limitations of bandwidth monitors)?
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»www.brittanyrescue.org | |
| kyle1745
join:2003-05-01
| SOMEONE PLEASE STOP THEM NOW!
Bandwidth prices should be going down and not up, the hardware to support them is cheaper, and by now they should have a very streamlined system that costs less to support.
Yet customers are to pay more!
I use a company that uses TW lines, and they better not pull that crap here, I am in Ohio.
It’s funny how when I first tested RR years ago it was MUCH faster than it is today. It is much more reliable today, but just not as fast.
So lets see... Less speed, limited data transfer, and more money for it! GET REAL!
Kyle MCSE | |
| | | jekler
join:2000-11-23
Cincinnati, OH
clubs:
| Back to the stone ages I wouldn't be surprised if the broadband market stopped growing completely. The ISPs do everything in their power to make having broadband nothing but a hassle for everyone involved. It's to the point I'm not even interested in the internet anymore. I think I'll make this my last post at DSLR.
Jekler | |
| djrobsd
join:2002-01-24
San Diego, CA
| AHhhhhhhhhhhhhh. Ahh.... The good ole days... I remember when the only way to get on the internet was if you were a student at a university...
And I remember the days of DIAL UP where you paid by the hour for your connection..
And of course, I remember the days where there was no internet, only a BBS that you dialed into at 300, then 1200, and finally I was so thrilled to get my 2400 baud modem. At least back then everything was free, but you had to deal with busy signals to get to your favorite BBS'.
Anyway, to today, those bandwidth caps seriously suck. On the other hand, I've had broadband for the past 6 years, I was one of the first people on the block to get DSL (USWest "Business DSL" - 512 down/512 up - 5 static ips and I paid $149 a month for that pleasure). In all my years of using broadband, I don't think I've ever downloaded (or uploaded) 40 gigs in a month, but I guess it's possible in today's day and age where people download 700 meg movies to their systems rather then paying $9 bucks to go see it in the theater (it was only $6 when I had my first DSL connection)... | |
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OCNBLUE
Dazed
Premium
join:2000-11-07
Dallas | Bait & Switch ? This has a ring of Bait and Switch. I smell a class action coming up. | |
| 
cmcgilton
join:2001-03-14
Stow, OH
|  Never Signed Up With Bandwidth Usage In Agreement
Therefore what they are doing is potentially illegal and can be just cause for legal suit. To avoid legal problems TW needs to notify all RR users of changes to the user agreement and to provide customers with an option to opt out (terminate service) within a reasonable period of time. | |
| | soothsayer15
join:2002-03-01
Irving, TX
| Re: Never Signed Up With Bandwidth Usage In Agreement You agree to their terms when you signed up for their service. Some of you guys are weasels. It's 2003, a lot of contracts, especially those geared toward residential consumers. New contracts ,terms of service agreement,dont require a signatures (i.e. software, online banking, free email accounts). Act grow and stop whining about what you didn't sign. It reveals how little you know. | |
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cmcgilton
join:2001-03-14
Stow, OH
| Re: Never Signed Up With Bandwidth Usage In Agreement Here's the agreement located at: »help.rr.com/getpage.asp?/faqs/e_···selfhelp
I had to research to find this, this should have been provided "up front" when service was initiated. It does indicate RR or the operator (Time Warner) can limit usage as indicated.
Road Runner Cable Modem Service
Subscription Agreement
NOTE TO SUBSCRIBERS--IMPORTANT: The Road Runner Service described in this Agreement is Road Runner’s online content, features, functions and services (including Internet access) as provided over Operator’s cable system. Each of Road Runner and Operator has different areas of responsibility for the provision of the Road Runner Service. This Agreement principally covers the general rights and obligations Subscriber has with regard to Road Runner, not Operator. Operator has one or more separate agreements, policies or other terms covering Subscriber’s rights and obligations with regard to the Road Runner Service when delivered over Operator’s cable systems ( “Operator Terms” ) that are also binding on Subscriber. However, where stated, some aspects of this Agreement apply to Subscriber’s relationship with Operator. Please refer to the Subscriber Materials for information on how to contact each of Road Runner and Operator for different areas of customer support.
1. Definitions.
(a) “Agreement” means this Subscription Agreement, as it may be amended from time to time by Road Runner.
(b) “Computer” means the personal computer(s) located at Subscriber's residence that will be used to access the Road Runner Service, as specified on the work order provided to Subscriber by Operator. Each Computer will need to meet certain minimum hardware and software requirements that will be specified for the Road Runner Service; such requirements may be changed from time to time by Road Runner ("System Requirements").
(c) “Operator” means the local Time Warner Cable affiliated cable operator that is providing the Road Runner Service over its cable system, or any cable operator to whom such Operator transfers ownership or management of such cable system.
(d) “Road Runner” means Road Runner HoldCo LLC, or any successor entity or assignee.
(e) “Road Runner Parties” means Road Runner and its third-party content and service providers, corporate parents, affiliates and subsidiaries, and the directors, officers, employees, agents, third-party content providers, service providers and licensors of the foregoing.
(f) “Road Runner Service” means the Road Runner on-line service or any successor service provided by Road Runner. The Road Runner Service offers subscribers Internet access as well as certain content and services made available by or through Road Runner and certain third party content and service providers.
(g) “Software” means the computer software, if any, licensed by Road Runner to Subscriber to access the Road Runner Service.
(h) “Subscriber” means the account holder authorized by Operator to access and use the Road Runner Service.
(i) “Subscriber Materials” means the handbooks, manuals and other guide materials provided by Road Runner and/or Operator to Subscriber regarding use of the Road Runner Service.
(j) “Terms of Use” shall mean all rules, terms and conditions set forth in this Agreement or otherwise established now or hereafter by Road Runner regarding permissible or impermissible uses of, or activities related to, the Road Runner Service.
2. General.
(a) This Agreement (and the Terms of Use) set forth the terms and conditions governing Road Runner’s provision of the Road Runner Service to Subscriber. No representation, warranty, term or condition, and no statements or agreements by any employee or agent of Road Runner, other than as specifically set forth in this Agreement, shall be binding on Road Runner. Each of Road Runner, Operator or Subscriber may terminate delivery of the Road Runner Service to Subscriber at any time for any reason, in its sole discretion.
(b) The Road Runner Service may be provided by Operator subject to certain maximum “throughput” limits (i.e., limits on the rate at which data may be sent to or received from the Subscriber at any time). Operator will provide Subscriber with information regarding any such limits from time to time.
(c) The Road Runner Service may be provided by Operator subject to certain limits on the maximum amount of bandwidth consumption available to Subscriber per month for the level of Road Runner Service subscribed for by Subscriber. Operator will provide Subscriber with information regarding any such limits from time to time.
(d) Subscriber acknowledges and agrees that Road Runner and Operator shall each have the right to monitor Subscriber's “bandwidth consumption” (i.e. aggregate volume of data that may be sent or received) at any time and on an on-going basis, and to limit excessive bandwidth consumption by Subscriber (as determined by Road Runner and/or Operator) by any means available to Operator or Road Runner, including suspension or termination of the Road Runner Service.
(e) In addition to the foregoing, Road Runner shall have the right at any time to add to, modify or delete any aspect, feature or requirement of the Road Runner Service, including but not limited to content, equipment and System Requirements. Road Runner shall have the right to add to, modify or delete any provision of this Agreement and/or any Terms of Use established by Road Runner at any time. An online version of this Agreement and the Terms of Use, as so changed from time to time, will be accessible at »help.rr.com or another location as designated by Road Runner. Road Runner will notify Subscriber of any significant change in this Agreement or the Terms of Use. Upon any such change, Subscriber's continued use of the Road Runner Service will constitute Subscriber's acceptance of such change. If Subscriber does not agree to any such change, Subscriber immediately shall stop using the Road Runner Service and notify Operator that he/she is terminating the subscription to the Road Runner Service.
(f) Subscriber represents and warrants that he/she is at least 18 years of age.
(g) Subscriber is responsible in all respects for all use of Subscriber's account, including under any screen name, user name or password by any person, and all use by others of Subscriber's account is subject to the terms hereof and the Terms of Use. For the purposes of this Agreement, all use of Subscriber's account, whether or not authorized by Subscriber, shall be deemed Subscriber's use. Subscriber shall be responsible for protecting the confidentiality of Subscriber's passwords, and for ensuring that all use of Subscriber's account complies fully with the provisions of this Agreement and the Terms of Use.
(h) Subscriber may access via the Road Runner Service certain content, merchandise, products and services for which there are charges payable to third parties. Subscriber agrees that all such charges will be Subscriber's sole and exclusive responsibility and agrees to pay the same when due, and shall indemnify and hold harmless the Road Runner Parties for all liability in connection therewith. Road Runner is not liable for the quality of any third-party content, merchandise, products or services (or the price thereof) offered to Subscriber via the Road Runner Service, for the representations or warranties made by the seller and/or manufacturer of any such item, or for damage to or injury, if any, resulting from the use of such item.
(i) Except to the extent authorized by Operator, transfer of all or a portion of Subscriber’s Road Runner Service account to any other person or entity, or to a new residence or other location, is prohibited.
(j) Subscriber understands that the Road Runner Service provides a connection to the Internet that may be unfiltered, and that the Road Runner Parties neither control nor assume responsibility for any content on the Internet or content that is posted by a subscriber.
3. Charges. Operator will bill Subscriber for the Road Runner Service.
4. Software.
(a) Road Runner shall have the right to upgrade, modify and enhance its Software from time to time through "downloads" from the network or otherwise. Without limiting the foregoing, Road Runner may, at any time, employ such means to limit the throughput of the Road Runner Service available through individual cable modems whether or not provided by Subscriber.
(b) License.
(i) If Software is provided, Road Runner grants to the Subscriber a limited, non-exclusive license to use the Software, in object code form only, for the limited purpose of facilitating Subscriber’s use of the Road Runner Service as described in this Agreement. This license will commence upon acceptance of Subscriber's subscription for the Road Runner Service and will terminate immediately upon termination of the Road Runner Service to Subscriber for any reason. Road Runner and/or its licensors retain all rights and interests in and to the Software. Under Subscriber’s agreement with Operator, Subscriber may have agreed to other licensing terms regarding Operator’s software.
(ii) Subscriber is permitted to make a single copy of the Software solely for back-up purposes, provided that such copy contains the same copyright notices and proprietary markings as the original Software. Subscriber will not engage in, and will not permit, any other copying, or any translation, reverse engineering or reverse compiling, disassembly or modification of or preparation of any derivative works based on the Software, all of which are prohibited.
(iii) Subscriber will destroy all Software and any related written material together with any copies promptly upon termination of the Road Runner Service to Subscriber for any reason.
5. Subscriber Conduct.
(a) Subscriber shall use the Road Runner Service for lawful purposes only, and in accordance with this Agreement and any Terms of Use. Subscriber shall not upload, post, transmit or otherwise make available on or via the Road Runner Service any material (including any message or series of messages) that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, obstructive, harassing, libelous, invasive of privacy or publicity rights, that in the circumstances would be obscene or indecent, that constitutes hate speech, that is otherwise offensive or objectionable, or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Subscriber also shall not link his/her personal home page to material or content that violates Road Runner’s or Operator’s standards of conduct as reflected in this Agreement or the Operator Terms, or as specified by any other Terms of Use imposed by Road Runner or Operator. Road Runner or Operator may remove content that in its judgment violates these standards.
(b) Subscriber shall not upload, post, transmit or otherwise make available on or via the Road Runner Service any material protected by copyright, trademark, patent, trade secret or other proprietary right in a manner that infringes or violates any such right. It is the policy of Operator and Road Runner to terminate in appropriate circumstances the Road Runner Service of any subscriber or account holder who repeatedly infringes such rights. This policy does not affect any other rights Road Runner or Operator may have under law, or under this Agreement or the Operator Terms. Road Runner reserves the right to suspend or terminate Subscriber's Road Runner Service for a single violation of this paragraph or any other provision of this Agreement, the Operator Terms or either Road Runner’s or Operator’s Terms of Use.
(c) The Road Runner Service contains copyrighted material, trademarks and other proprietary information, and the entire content of the Road Runner Service is copyrighted as a collective work under the United States copyright laws. Except where otherwise prohibited, Road Runner grants Subscriber the right to download copyrighted material posted on the Road Runner Service by a Road Runner Party, provided such material is downloaded solely for Subscriber's personal use. Except as granted herein or as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express prior written consent of Road Runner and, where applicable, the third party copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution or copyright notice shall be made.
(d) Subscriber will not resell the Road Runner Service, or any portion thereof, or otherwise charge others to use the Road Runner Service, or any portion thereof. Further, Subscriber will not redistribute the Road Runner Service, or any portion thereof, whether or not Subscriber receives compensation for such redistribution. The Road Runner Service as offered under this Agreement is a residential service offered for personal, non-commercial use only. Subscriber agrees not to use the Road Runner Service for operation as an Internet service provider, for the hosting of websites (other than as expressly permitted as part of the Road Runner Service) or for any enterprise purpose whether or not the enterprise is directed toward making a profit.
(e) Subscriber also shall not:
(i) post or transmit through Road Runner any material that constitutes or contains advertising or any solicitation with respect to products or services or bulk e-mail;
(ii) breach or attempt to breach security of another user or attempt to gain access to any other person's computer, software or data without the knowledge and consent of such person; or use the Equipment or the Service in any attempt to circumvent the user authentication or security of any host, network or account; or use or distribute tools designed for compromising security;
(iii) restrict, prohibit or otherwise interfere with the ability of any other person to use or enjoy the Road Runner Service including, but not limited to, posting or transmitting any information or software which contains a virus or other harmful feature or deliberately overloading or flooding any other person's computer; or
(iv) use an IP address or client ID not assigned to Subscriber.
Subscriber acknowledges that Subscriber is responsible for and assumes all risks with respect to whether materials uploaded, posted or otherwise made available on or via the Road Runner Service through Subscriber's Account may violate any laws or rights.
6. Review and Enforcement.
(a) Road Runner shall have the right, but not the obligation, to review content on public areas of the Road Runner Service, including chat rooms, bulletin boards and forums, in order to determine compliance with this Agreement and all other Terms of Use.
(b) Road Runner shall have the right to edit, refuse to post, request removal of, or remove any material submitted to or posted on the Road Runner Service, including personal home pages and links to other sites. Without limiting the foregoing or Road Runner’s other rights hereunder, Road Runner shall have the right to remove any material that it determines, in its discretion, to be unacceptable or to violate the terms of this Agreement, any Road Runner bandwidth utilization limitations or any other Terms of Use. In the event any such violation or objectionable material is found, Road Runner may suspend Subscriber's account, take other action to prevent Subscriber from utilizing certain account privileges (e.g., home pages) or cancel Subscriber's account without prior notification. Road Runner may also suspend or cancel Subscriber's account for using the Road Runner Service to post content to the Internet that violates this Agreement or the Terms of Use.
(c) Subscriber agrees that Road Runner shall have the right to take any action that it deems appropriate to protect the Road Runner Service or its facilities, including suspension or termination of Subscriber’s account.
7. Republication.
(a) Subscriber acknowledges that material posted or transmitted through the Road Runner Service may be copied, republished or distributed by third parties, and will hold the Road Runner Parties harmless for any harm resulting from such actions.
(b) Subscriber hereby grants to Road Runner, and hereby represents and warrants that he/she has all necessary rights to so grant, the non-exclusive, worldwide, royalty-free, perpetual, irrevocable, right and license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display in any media all material posted on the public areas of the Road Runner Service via Subscriber's account and/or to incorporate the same in other works, but only for purposes consistent with operation and promotion of the Road Runner Service.
8. Support; Service and Repairs. Subscriber acknowledges that Operator, and not Road Runner, is responsible for any required support or repairs to Operator’s equipment (e.g., cable lines or cable modem). For assistance with other technical problems, Subscriber should refer to the Subscriber Materials or the support area of the Road Runner Service. Subscriber is solely responsible for the operation, repair and maintenance of any Subscriber-owned equipment or software.
9. Service Interruptions; Force Majeure. Subscriber acknowledges that it shall look solely to Operator for purposes of obtaining any credit or other price adjustment in the event of a service interruption affecting the Road Runner Service. Without limiting the foregoing, Road Runner shall have no liability for interruption of the Road Runner Service due to circumstances beyond its control, including without limitation, acts of God, flood, natural disaster, regulation or governmental acts, fire, civil disturbance, strike or weather.
10. Disclaimer of Warranty; Limitation of Liability.
(a) SUBSCRIBER AGREES THAT THE ROAD RUNNER SERVICE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THIS AGREEMENT. ROAD RUNNER MAKES NO WARRANTY THAT THE ROAD RUNNER SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. SUBSCRIBER FURTHER AGREES THAT ALL USE OF THE ROAD RUNNER SERVICE (INCLUDING BUT NOT LIMITED TO THE ACCESSING AND USE OF CONTENT, INFORMATION, SERVICES, AND SOFTWARE, THE PURCHASE OF MERCHANDISE AND SERVICES, THE TRANSMISSION OF INFORMATION AND OTHER COMMUNICATIONS BY AND TO SUBSCRIBER AND THE DOWNLOADING OF COMPUTER FILES) IS AT SUBSCRIBER'S SOLE RISK.
WITHOUT LIMITING THE FOREGOING:
(I) THE ROAD RUNNER PARTIES MAKE NO WARRANTIES AS TO THE PERFORMANCE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT ANY DATA, FILES OR OTHER COMMUNICATIONS BY OR TO SUBSCRIBER WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME, THAT THE ROAD RUNNER SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ROAD RUNNER SERVICE.
(II) NONE OF THE ROAD RUNNER PARTIES ENDORSES OR WARRANTS, NOR SHALL ANY OF THEM BE RESPONSIBLE IN ANY REGARD FOR, ANY MERCHANDISE OR SERVICES ORDERED THROUGH THE ROAD RUNNER SERVICE OR ANY SECURITIES TRADING OR OTHER COMMERCIAL TRANSACTIONS, WHETHER OR NOT SUCH MERCHANDISE OR SERVICES OR THE PROVIDERS OF ANY TRANSACTIONAL SERVICES ARE PROMOTED AND/OR MARKETED BY THE ROAD RUNNER SERVICE.
(III) NONE OF THE ROAD RUNNER PARTIES MAKES ANY WARRANTIES AS TO THE SECURITY OF SUBSCRIBER'S COMMUNICATIONS VIA THE ROAD RUNNER SERVICE (WHETHER SUCH COMMUNICATIONS ARE DIRECTED WITHIN THE ROAD RUNNER SERVICE, OR OUTSIDE THE SERVICE TO THE INTERNET), OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR SUBSCRIBER'S COMPUTER(S) OR ONLINE COMMUNICATIONS. SUBSCRIBER AGREES THAT NONE OF THE ROAD RUNNER PARTIES WILL BE LIABLE FOR ANY SUCH UNAUTHORIZED ACCESS.
(IV) SUBSCRIBER ACKNOWLEDGES THAT SOFTWARE AND OTHER CONTENT DOWNLOADED VIA THE ROAD RUNNER SERVICE MAY CONTAIN HARMFUL OR DISABLING FEATURES OR CODES SUCH AS VIRUSES. NONE OF THE ROAD RUNNER PARTIES MAKES ANY WARRANTIES, NOR UNDERTAKES TO ENSURE, THAT COMPUTER FILES RECEIVED VIA THE ROAD RUNNER SERVICE WILL NOT CONTAIN ANY VIRUS OR OTHER HARMFUL OR DISABLING CODE OR FEATURE, AND EACH EXPRESSLY DISCLAIMS ANY LIABILITY FOR DAMAGE TO OR LOSS OR DESTRUCTION OF SOFTWARE, FILES OR DATA RESULTING FROM THE SAME.
(b) SUBSCRIBER UNDERSTANDS THAT THE INSTALLATION, USE, INSPECTION, MAINTENANCE, REPAIR, REPLACEMENT OR REMOVAL OF THE ROAD RUNNER SERVICE AND SOFTWARE MAY RESULT IN DAMAGE TO SUBSCRIBER'S COMPUTER(S) OR OTHER HARDWARE, INCLUDING SOFTWARE AND DATA FILES STORED THEREON. SUBSCRIBER SHALL BE SOLELY RESPONSIBLE FOR BACKING UP ALL EXISTING COMPUTER FILES PRIOR TO THE PERFORMANCE OF ANY OF THE FOREGOING ACTIVITIES. NONE OF THE ROAD RUNNER PARTIES SHALL HAVE ANY LIABILITY, AND EACH EXPRESSLY DISCLAIMS ANY RESPONSIBILITY WHATSOEVER, FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, HARDWARE, DATA OR FILES.
(c) IN NO EVENT (INCLUDING NEGLIGENCE) WILL ANY ROAD RUNNER PARTY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE ROAD RUNNER SERVICE (INCLUDING THE CONTENT INCLUDED THEREIN OR THE SERVICES ACCESSED THEREBY) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE ROAD RUNNER SERVICE, ANY ACTION TAKEN TO PROTECT THE ROAD RUNNER SERVICE OR THE BREACH OF ANY WARRANTY.
(d) SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION 10 SHALL APPLY TO ALL CONTENT OR SERVICES INCLUDED IN, OR ACCESSIBLE THROUGH, THE ROAD RUNNER SERVICE, AND ARE FOR THE BENEFIT OF, AND MAY BE ENFORCED BY, ALL OF THE ROAD RUNNER PARTIES.
11. Indemnification. Subscriber agrees to defend, indemnify and hold harmless the Road Runner Parties from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Road Runner Service by Subscriber or otherwise arising out of the use of Subscriber's account or the Road Runner Software or facilities in connection therewith.
12. Privacy.
(a) Subscriber's privacy interests, including Subscriber's ability to limit disclosure of certain information to third parties, are addressed by, among other laws, the Federal Cable Communications Act ( the "Cable Act" ) and the Electronic Communications Privacy Act. Information that may be disclosed in accordance with applicable laws, including information relating to personally identifiable information, is described in the Time Warner Cable And Affiliated ISPs Subscriber Privacy Notice ( the “Privacy Notice” ) delivered to Subscriber by Operator, which is incorporated herein by reference. Subscriber acknowledges receipt of the Privacy Notice.
(b) As more fully described in the Privacy Notice, each of Road Runner and Operator may collect (whether automatically or otherwise) and share (with each other and with other Time Warner Cable entities) information of the type described in the Privacy Notice (some of which may be deemed personally identifiable information as that term is used in the Cable Act) relating to Subscriber that Road Runner and/or Operator may acquire as a result of the provision of the Road Runner Service. Subscriber acknowledges that it has expressly consented in the Operator Terms to the collection by, and sharing between, Operator and Road Runner and other Time Warner Cable entities of such information.
(c) In addition to actions and disclosures specifically authorized by law or statute or authorized elsewhere in this Agreement, Road Runner shall have the right (except where prohibited by law notwithstanding Subscriber's consent), but not the obligation, to monitor content on the Road Runner Service and to disclose any information to protect its rights, property and/or operations, and where circumstances suggest that individual or public safety is in peril. Subscriber hereby consents to such actions or disclosures.
13. Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT (BUT NOT ANY CLAIMS ARISING OUT OF THE THEFT OR OTHER UNAUTHORIZED RECEIPT OF THE ROAD RUNNER SERVICE ON THE PART OF SUBSCRIBER) SHALL BE RESOLVED BY BINDING ARBITRATION COMMENCED WITHIN ONE YEAR UNDER THE THEN-CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (OR ANY CONSUMER RULES ADOPTED BY THE AMERICAN ARBITRATION ASSOCIATION TO WHICH BOTH PARTIES AGREE), EXCEPT THAT EITHER PARTY MAY SEEK EQUITABLE OR INJUNCTIVE RELIEF ONLY IN AN APPROPRIATE COURT OF LAW OR EQUITY. NO CLAIM SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MAY BE COMBINED WITH A CLAIM SUBJECT TO RESOLUTION BEFORE A COURT OF LAW OR EQUITY. THE ARBITRABILITY OF DISPUTES SHALL BE DETERMINED BY THE ARBITRATOR. ANY AWARD OF THE ARBITRATOR SHALL BE IN WRITING AND SHALL STATE THE REASONS FOR THE AWARD. JUDGMENT UPON AN AWARD MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. THE ARBITRATOR SHALL NOT HAVE THE POWER TO AWARD ANY DAMAGES IN EXCESS OF THE APPLICABLE LIMITS SET FORTH IN OR EXCLUDED UNDER SECTIONS 9 AND 10 OF THIS AGREEMENT. THE FEDERAL ARBITRATION ACT, 9 U.S.C. SECTIONS 1 TO 16, SHALL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS PARAGRAPH. EACH PARTY SHALL BEAR ITS OWN EXPENSES AND THE COST OF ARBITRATOR(S) SHALL BE SHARED EXCEPT THAT SUBSCRIBER MAY RECOVER HIS/HER FILING AND ARBITRATOR(S)' FEES IF SUBSCRIBER IS THE PREVAILING PARTY. THE PARTIES EXPRESSLY WAIVE ANY ENTITLEMENT TO ATTORNEYS' FEES OR PUNITIVE DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. CONSOLIDATED OR CLASS ACTION ARBITRATIONS SHALL NOT BE PERMITTED. THE ARBITRATOR SHALL NOT HAVE THE POWER TO ORDER PRE-HEARING DISCOVERY OF DOCUMENTS OR THE TAKING OF DEPOSITIONS, BUT MAY COMPEL ATTENDANCE OF WITNESSES AND THE PRODUCTION OF DOCUMENTS AT THE HEARING.
14. Entire Agreement. This Agreement and the Terms of Use or other rules now or hereafter specified by Road Runner for the Road Runner Service constitute the entire agreement between Road Runner and Subscriber with respect to the subject matter hereof, and supersedes all previous written agreements between Road Runner and Subscriber with respect to such subject matter; provided that the terms of Subscriber’s agreement(s) with Operator regarding cable television, ISP and/or any other services or products provided by Operator shall remain in full force and effect. Acceptance of the Road Runner Service shall constitute acceptance of the terms and conditions herein.
15. Term. This Agreement will remain in effect until terminated by either party or superseded by a revised Subscription Agreement.
16. Consent to Electronic Notice. Unless otherwise specified, all notices required or contemplated hereunder will be provided by Road Runner by such means as Road Runner shall determine in its discretion. Without limiting the foregoing, Subscriber agrees that Road Runner may provide any notices required or contemplated hereunder or by applicable law, including without limitation notice of changes to this Agreement, the Terms of Use or the Privacy Notice, by electronic means (e.g., email or online posting).
17. Interpretation; Severability. This Agreement is, and shall be interpreted as, subject to applicable law and regulation and to any applicable franchise agreement between a governmental authority and Operator. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties as set forth herein, and the remainder of this Agreement shall remain in full force and effect.
18. Operator’s Right to Enforce. Subscriber agrees that Operator may enforce any of Road Runner’s rights hereunder to the same extent to which Road Runner is entitled.
19. Waiver. Failure by Road Runner to enforce any of its rights hereunder shall not constitute a waiver of any such rights. No waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.
05/01/2003 13:42:21
If you experienced issues with this specific help file, or have other comments, concerns or suggestions about the Help & Member Services site, please let us know!
Proprietary - For use by Road Runner and Road Runner customers only.
[text was edited by author 2003-05-01 13:55:34] | |
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rds24a
Teach Your Children
Premium
join:2000-12-13
Springboro, OH
clubs:
·RoadRunner Cable
| Re: Never Signed Up With Bandwidth Usage In Agreement SO...I'd like to sign up for Roadrunner, but I have some line-item edits I would like to make to the terms and conditions as per normal contract negotiation procedures...
RRRRIIIIIGGGHHHHTTTT!
TWC is the only provider of broadband Internet access in my area, and I would bet they aren't willing to negotiate their terms and conditions. Therefore, their monopoly power and "my way or the highway" stance deserves to be regulated so that the terms and conditions are fair and reasonable to the public. Just because TWC sticks it in 20 pages of fine print does not make it ethical or legal. There are precedents where license agreements were thrown out in court on principle, and particularly in cases where the more visible marketing materials were misleading or contradictory.
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»www.brittanyrescue.org | |
| Beretta3000
join:2003-05-01
Lincoln, NE
| We got our letter today... We have three computers on our system. Here's our usage:
So that you are aware, over the past 3 months, your usage has averaged 25 GB/month. Most recently, you consumed 36 GB/month in March.
Currently, we plan to switch and drop all Time Warner services (including digital cable). We'll move to a local DSL provider and satellite tv.
[text was edited by author 2003-05-01 13:23:14] | |
|
Dirk Daring
join:2000-08-03
Ashburn, VA
| Can't wait for wireless Year after year wireless almost exponentially in service. Soon all major carriers with a tower anywhere will be serving 3-4mb up and down at 15 miles non-line of sight. It will be a nice day when I see Comcast backpedaling so fast that smoke is coming out their ears when thousands of subscribers leave per week. | |
| | 
dvd536
as Mr. Pink as they come
Premium
join:2001-04-27
Phoenix, AZ
| Re: Can't wait for wireless said by Dirk Daring  :
Year after year wireless almost exponentially in service. Soon all major carriers with a tower anywhere will be serving 3-4mb up and down at 15 miles non-line of sight. It will be a nice day when I see Comcast backpedaling so fast that smoke is coming out their ears when thousands of subscribers leave per week.
Wireless is one of the best(and most restrictive in terms of service. i dont know of any that isnt limited data transfer in some way)
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You can never be too rich, too thin or have too much Bandwidth | |
| ccoggle
join:2001-08-06
Salt Lake City, UT
| Whiners All I see is people whining about these bandwith limitations. When these companies set down their TOC for users they apply to the 'general' user. Not the users who download Warez, movies, Mp3's etc and take bandwith away from other users.
Everyone is defending themselves saying their cable TOC protects them and doesn't mention bandwith limits. It also protects the user that you are stealing bandwith away from by using 'more than your fair share so to say'.
This is my personal opinion, cable is 'ghetto' internet. Bandwith isn't set, you share with your node. Cable companies block ports, establish caps etc. You are limited by the amount of IP's you can obtain etc. If you really require more than 40gigs a month in bandwith get REAL internet, go with a provider such as Speakeasy for DSL. Get 3.0/512 from Covad. Somewhere that doesn't block ports, set limits, somewhere that is BUILT for the power users. Leave the 'general' public and their ghetto internet alone.
Again, just my opinion.
Cody | |
| | cableguy1969
join:2003-05-01
Dayton, OH | Re: Whiners Just for your info. Road Runner residential(at this point)does no port blocking except snmp... | |
| 
TheMadSwede
Premium
join:2001-01-30
Holland, MI
·Charter Pipeline
| Stupidest Part of the Whole CAPs/Unlimited Debate I think the whole CAPs or unlimited access debate could be solved if the providers would just be honest and tell the consumers what they are really getting. Doing so would not create a mass exodus of, nor impede the influx of, subscribers because most folks are captives to the service they currently have. "Too far for (fast) DSL" is a mantra heard all-too-often around these parts.
Another problem is that most BBR users think that BBR users are the average broadband user when we are not. This limits the scope of the discussion we can have about this.
Most non-BBR-type folks don't obsess over 10kb of speed or make threats against companies because they don't get the actual advertised speed (aka The Great "up to" Debate) or try to get 3 minutes of residential service outage prorated or need to download 5 gigs a day (hey, screw you man, I really do need download 7 CDs worth of programs every day...but it's not for business purposes).
Most users listen to/watch streaming media, surf, and use email. Even ridiculously stringent CAPs probably would not affect these users -- so the cable companies don't have as much to worry about as they (and perhaps we BBR users) might think.
We should have a forum that just keeps track of the actual number of users that get CAP warnings from their providers compared to the (estimated) total number of users.
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Welp -- finally trying this cable thing out. | |
| allsteamedup
join:2001-06-09
Loveland, CO
| Does this apply if you are using a different ISP? In Columbus, you can use RR or one of several other ISPs. I wonder if this applies to only using the RR ISP, or all of the other choices. (ISP choices are: AOL, Earthstink, RR, Inter.net, or WCOILExpress)
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George ErhartPataskala, Ohio | |
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kba4
join:2001-10-23
Canton, OH
·RoadRunner Cable
| funny how it works funny how a monopoly can attract customers by implying everything a customer could want is in their service, and in doing so, fill their network over capacity. then when a few 'abusers' are noticed it's ironic how TW suddenly wants to define usage. weird.
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roadrunner is a good name for the service; i don't remember one cartoon where we actually like the rr character | |
| |
Dude who started sto
@rr.com
| Re: funny how it works To begin with,
Road Runner has conflicting motives. For anyone saying bandwidth pirates etc, you are more than wrong. Companies offer services and must specify what they include. If you bought a car, and the next day you were told we are now doubling your price, you would sue. The lil guy ( customers), need to stand up for ourselves when injustices take place. FOr that article posted by that guy, what is being done is still illegal. Note the following:
1) Road runner advertises Unlimited internet usage on the same page without definition of what it constitutes. Therefore offering a contradiction in their own policy making it null in void ( looking at it as a contract).
2) Road Runner is deceiving customers with the wording unlimited and hereby not informing new customers. in their own policy it states:
The Road Runner Service may be provided by Operator subject to certain maximum “throughput” limits (i.e., limits on the rate at which data may be sent to or received from the Subscriber at any time). Operator will provide Subscriber with information regarding any such limits from time to time.
NOTE THERE IS NO DEFINITION OF UNLIMITED STILL. NO CLEAR EXPLANATION TO THE USER WHAT THE CAP WILL BE. HENCE, THIS TOS IS MORE OR LESS A COVERUP TO MISREPRESENTATION AND BAIT AND SWITCH. IN ADDITION READ BEL0W, THEY HAVE FAILED THEIR OWN TOS BUT NOT NOTIFYING BEFORE ACTION TAKES PLACE.
The Road Runner Service may be provided by Operator subject to certain maximum “throughput” limits (i.e., limits on the rate at which data may be sent to or received from the Subscriber at any time). Operator will provide Subscriber with information regarding any such limits from time to time.
Also, I think this was just modified. I read through this about 2 days ago and no where did I notice those following statements on this page. I think only after people complaining was it changed.
Last, even with it said, they have yet to correct their false advertising and have not as they state notified the customer of SUCH LIMITS. Therefore we need to act on this. Call and flood them with complaints.
If enough people respond, maybe class action them, as someone emailed to me. Thanks for your support all. | |
| | |
Hall
Premium,MVM
join:2000-04-28
Dayton, OH | Re: funny how it works Users and companies have different definitions or interpretations of "unlimited". It also depends on the context that it's used.
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-= Mindspring MaxDSL via Covad 1536/384 TeleSurfer Pro =- | |
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kba4
join:2001-10-23
Canton, OH
·RoadRunner Cable
| Re: funny how it works it seems to me that if there are differing definitions of a word, the company advertising should be very clear on what theirs is. it's only a show of integrity, but it may win more long-term customers.
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roadrunner is a good name for the service; i don't remember one cartoon where we actually like the rr character | |
| 
jarablue
Always be true to yourself
join:2001-06-11
Worcester, MA | Lucky RR users. Charter Comm. Please pay attention to other cable co's and offer a power user tier. I would pay for it. Thank you. | |
| |
User who posted stor
@rr.com
| Re: Lucky RR users. Also forgot to add, Road Runner claiming unlimited usage on their rate page as well. As my website stated. Its like saying you can drive this rental car as many miles as you like, but if we feel you drive it to much we will charge you. Sorry cant have it both ways... and this is still pure deception. | |
| tdkyo
join:2002-12-07
Rochester, NY
|  I got a butter deal
| |
| 
Konaguy
Live From Kailua-Kona, Hawaii
Premium
join:2000-10-21
Kailua Kona, HI
·Hawaiian Telcom
| Hawaii RR TOS I suggest you read the Hawaii Road Runner TOS and it clearly states "Operator reserves the right to implement specific limits on the maximum amount of bandwidth consumption available to Subscriber per month for the level of ISP Service subscribed for by Subscriber. "
»help.twcable.com/html/twc_sub_agreement.html
(b) The ISP Service has maximum "throughput" limits (i.e., limits on the rate at which data may be sent to or received from the Subscriber at any time), as set forth in the price list and Subscriber Materials for the ISP Service.
(c) Subscriber acknowledges and agrees that Operator and ISP shall each have the right to monitor Subscriber=s "bandwidth consumption" (i.e. aggregate volume of data that may be sent or received) at any time and on an on-going basis, and to limit excessive bandwidth consumption by Subscriber (as determined by Operator and/or ISP) by any means available to Operator or ISP, including suspension or termination of ISP Service.
(d) Operator reserves the right to implement specific limits on the maximum amount of bandwidth consumption available to Subscriber per month for the level of ISP Service subscribed for by Subscriber. Once such limits are implemented, if Subscriber exceeds the bandwidth consumption limits assigned to the level of ISP Service for which Subscriber has subscribed in any month, Operator (or ISP if ISP is billing Subscriber for ISP Service) has the right to limit bandwidth consumption by Subscriber in excess of such level by any means available to Operator or ISP, including suspension of ISP Service, and/or to impose additional fees and charges on Subscriber.
(e) In addition to the foregoing, Operator and ISP each shall have the right at any time to add to, modify or delete any aspect, feature or requirement of the ISP Service, including but not limited to content, equipment and system requirements. Operator shall have the right to add to, modify or delete any provision of this Agreement and/or any Terms of Use established by Operator and/or the Subscriber Privacy Notice at any time. An online version of this Agreement, the Terms of Use, and the Subscriber Privacy Notice, as so changed from time to time, will be accessible at »help.twcable.com or another online location as designated by Operator. Operator will notify Subscriber of any significant change in this Agreement, the Terms of Use or the Subscriber Privacy Notice. Upon any such change, Subscriber's continued use of the ISP Service will constitute Subscriber's consent to such change. If Subscriber does not agree to any such change, Subscriber immediately shall stop using the ISP Service and notify Operator and ISP that he/she is terminating the subscription to the ISP Service.
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Forum Posts: 642 | |
| |
DUde who start story
@aol.com
| Re: Hawaii RR TOS I would like to ask, is there a way to tell when the TOS was modified. I guarantee you it was and probably due to people complaining. I read through it when i first started it and that little line about we can monitor and limit WAS JUST ADDED. ALSO, my tos states they must notify users of any changes. I'm waiting for my notice. FInally, how can you add a piece of wording and continue to advertise unlimited? Still bait and switch and deceptive. Persue this people cause this is still illegal.
) Subscriber acknowledges and agrees that Operator and ISP shall each have the right to monitor Subscriber=s "bandwidth consumption" (i.e. aggregate volume of data that may be sent or received) at any time and on an on-going basis, and to limit excessive bandwidth consumption by Subscriber (as determined by Operator and/or ISP) by any means available to Operator or ISP, including suspension or termination of ISP Service | |
| | |
Konaguy
Live From Kailua-Kona, Hawaii
Premium
join:2000-10-21
Kailua Kona, HI | Re: Hawaii RR TOS Our RR TOS was modified in November 2001. | |
| hinderjd
join:2001-12-20
Miamisburg, OH
| rip off I think it is a scam. Time Warner lies. There advertising is false.
I received one of there letters. I have to pick one of there packages as of yesterday. It sounds like they will atomically put you on the al carte plan if you do not pick a plan. On the al carte plan you must pay for usage beyond 15 gig in a given month. I have been calling and complaining at no avail. I called Earthlink and they can give me ‘unlimited’ downloads, email... etc for $5.00 less than I pay Time Warner and only charge me like $21.00 a month for the first three months. The guy at Earthlink assured me that they will not be implementing any thing like what Time Warner is doing, however I told Time Warner if they force me to pay more I will switch to Earthlink. The guy at Time Warner said that Earthlink will soon be imposing the same policy. | |
| |
Dude who started sto
@rr.com
| Re: rip off Yea i heard the same thing from time warner about Earthlink. They claimed it was a corporate wide policy. I do not know if they are once again lying to keep customers or if it will be. People. Please continue to email Fcc, Better Business Bureau, and contact attorney general. This is bait and switch and deceptive practices. So now they advertise it as unlimited and try to hide the fact its not. Please Email me at montypython5@aol.com Maybe i can get flooded and we can class action their ass on this if the above actions fail. Iono maybe worth a try. | |
| | jc100
join:2002-04-10
| ( I started story.. i botherd to log in now)
Yea i heard the same thing from time warner about Earthlink. They claimed it was a corporate wide policy. I do not know if they are once again lying to keep customers or if it will be. People. Please continue to email Fcc, Better Business Bureau, and contact attorney general. This is bait and switch and deceptive practices. So now they advertise it as unlimited and try to hide the fact its not. Please Email me at montypython5@aol.com Maybe i can get flooded and we can class action their ass on this if the above actions fail. Iono maybe worth a try. | |
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gogeta6
join:2002-06-20
San Diego, CA
clubs:
| How does this work Does anyone know how a bit counting scheme actually works. It seems like logging every packet in and out for thousands of customers would take some serious server power. Not like it wouldn't be worth implementation, but I was just wondering if anyone knows specifics of something like this. | |
| | jc100
join:2002-04-10
| Re: How does this work Better Business Bureau and Fcc have both been emailed on this. Please people post if you have taken any action or if all this effort if futile. If you dont want to stand up, and you get capped, dont come here crying. I, along with a few others, are trying to take a stand to help ALL YOU out. It is now up to you to either follow us or let yourselves fall into same trap. May the choice be yours. | |
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