dl0711
join:2004-06-27
London, ON
| Rogers took my payment that has my own EUA
LOL rogers took my payment that has my own EUA.
NOTE: This End User Agreement was approved by a lawyer
Front of Money order
Back of Money order
Receipt of payment to Rogers
 |
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Section32
join:2005-01-28
North York, ON | ROFL Hahaha.. I can't believe it was approved by a lawyer. |
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dl0711
join:2004-06-27
London, ON
1 edit | well believe it because it was.
I have a Friend that is a lawyer also my Uncle is a lawyer took them about a Month to look into this and they said its Legal. |
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Talon88
The One
join:2003-08-13
Toronto | reply to dl0711
:::
Good work dl0711, you always give us some surprise...!
::: |
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dynamx
join:2004-12-05
XXXXXX | reply to dl0711
hahahahaha....that's hilarious...well done! |
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dl0711
join:2004-06-27
London, ON
| "Your name" Payment End User Agreement to Rogers
By taking this payment and any other payments that "Your name" gives you
you agree to the terms listed below.
Rogers agrees to forfeit rights and privileges mentioned in the End-User Agreement Section 1 to 26; Subsequent changes are subject of the sole discretion of "Your name"
Rogers agrees to forfeit the right to Cap/throttling my Internet service
Rogers agrees to keep my internet service as Unlimited Hi-Speed Internet Extreme 5.0 Mbps download and 800 Kbps upload and not to increase the price plan
LEGAL
1.) Failure to take my payment - if you fail to take my payment as is then you give up the right to go after me for money and also give up the right to disconnect my service
2.) If you decide to use my payment – you also give up the right to disconnect me in the future
NOTE: This End User Agreement was approved by a lawyer |
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chriskay
Premium
join:2004-03-09
Toronto, ON | reply to dl0711
So... what? Are you going to sue them if they don't abide by your EUA? |
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dl0711
join:2004-06-27
London, ON | well what do u think ? if i was to not make my own and if i did not abide by Rogers EUA what do you think they would do ? THINK ABOUT IT |
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insomx
Premium
join:2003-01-26
Canada
 ·Aliant Communicati..
| They disconnect customers who fail their EUA. If they fail yours, well, you can go find another company to receive internet from. No suing involved. What a waste of time.
--
»monctonhigh.ca |
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dl0711
join:2004-06-27
London, ON | Oh i will sue. i have a friend that is a lawyer and my Uncle is also a lawyer so i don't have to pay anything to sue them. I like knowing people who are lawyers. |
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nitzguy
Premium
join:2002-07-11
Sudbury, ON
·TekSavvy Solutions..
 ·Rogers Hi-Speed
| Ahh the American Dream. Too bad that Rogers would have so many lawyers and so much paperwork thrown down their throats that your friend and Uncle lawyer would wish that they hadn't taken this on  .
Also something tells me that something written on the back of a cheque doesn't really qualify as an "End User License Agreement".
Also, since your not the service provider, I'm not sure what service Rogers is buying from you? There seems to be a small flaw in the argument. |
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dl0711
join:2004-06-27
London, ON
| quote:
Rogers is buying from you.
1.) Contract with Building
2.) The service I provide is me being a Customer to them. They provide me the service and the service I provide to them is paying for the services that they provide me.
quote:
something written on the back of a cheque doesn't really qualify as an "End User License Agreement"
Yes it does. Why does u say that it doesn’t?
Also Rogers can try and Bring there lawyers my uncle works as a lawyer for the Canadian Gov. and my friend lawyer works as a lawyer for Microsoft.
And remember Microsoft is teamed up with Bell so most likely is there is any cost LOL bell would help pay to see this stand up in the Courts. |
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darrylr
join:2003-02-10
Nepean, ON | LOL!
-Darryl |
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Trini100
join:2005-03-08
Mississauga, ON | reply to dl0711
im gonna be canceling my rogers tomorrow..3web here i come
anyone know any good cable tv providers?? |
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sbrook
Premium,Mod
join:2001-12-14
H0H 0H0
·Rogers Hi-Speed
Host:
Rogers
Bell Canada
| reply to dl0711
Putting conditions onto a cheque as conditions for cashing no longer holds up in a court unless the payee has been informed of the conditions by letter and has acknowledged the terms.
I think you need to learn a bit more about contract law. You are exchanging legal tender for goods or services, therefore you are the service user, and they are the service provider. Their business is not purchasing legal tender in exchange for providing internet service; it is providing internet service in exchange for legal tender.
Therefore Rogers have us pretty well wrapped up. Since internet service has NOT been defined as an essential service, they are under absolutely no obligation to provide you with service. Now while there are clauses in which you supposedly give up legal rights, courts do take a dim view of such clauses, their right to terminate your service with notice for any reason they choose is not such a clause. It's likely that if you attempt to enforce your EUA, through the courts, they will simply terminate your service as is their right.
Remember that empires the size of Rogers don't just employ lawyers, they have their own staff legal departments and they don't hesitate to use them, if only to wrap up their opponents in costly pretrial wranglings ... to the point where the cost would far exceed your pockets or your pro bono lawyer friends.
Remember that your lawyer friend working for Bell is in no position to challenge the EUA, because you'll find that most ISPs have astoundingly similar EUAs, and therefore, to shoot down Rogers EUA will be shooting down Bell's EUA. Not likely.
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I am not a lawyer and don't play one on TV. This is a personal analysis for discussion only. It is not a legal opinion and should not be used in place of retaining legal counsel. |
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Mickydisc
join:2005-02-28
M6J-2X6 | reply to dl0711
CASE CLOSED! |
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sturner16
@cable.rogers | reply to dl0711
I highly doubt that any company, whether it be MS or Bell would support you in this endeavour if you were to sue, for the most obvious of reasons. |
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ender78
join:2002-10-17
Mississauga, ON | reply to dl0711
Since this cheque likely never made it into the hands of a Rogers employee, I don't know what case you have. Second, you agreed to Rogers' agreement before sending this cheque making theirs superseed yours. |
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mepadre
join:2003-08-15
Waterloo, ON
1 edit | reply to dl0711
Having reviewed the text on the cheque, my opinion is that a 'semi-competent' and 'semi-conscious' lawyer would rip this contract to pieces. I can only hope that your lawyer 'friend / uncle' did not formally review the text of the document.
Secondly, I trust you realize that you also contracted yourself to a lower rate should Rogers ever decide to increase their service levels (i.e. to 7 Mbps down and 1Mbps up). |
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darrylr
join:2003-02-10
Nepean, ON | Did the Rogers person have a smirk on their face when they "accepted" it?
-Darryl |
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