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Earthlink's fine print on VoIP service
(old news - 08:57AM Monday Apr 11 2005)
tags: legal · cable
When Clearwire said they'd be blocking VoIP and other traffic as they deemed necessary, we mentioned many ISPs bury such a right away in their TOS - just in case. Users of Dave Farber's Interesting people list discover Earthlink's cable terms of service includes just such a provision (even if it's never enforced): "You many not use any alternate connection or client software with roaming or voice capability in connection with this service. The Earthlink wireless enhances access service is for data only. Violation of this part of the agreement will result in an additional charge of $0.95 per minute of unauthorized voice usage and suspension or cancellation of your account."

The word WIRELESS was only inserted after the recent VoIP blocking debate.

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Forums » Read Your TOS
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Post a:

packetscan
Premium
join:2004-10-19
Bridgeport, CT
clubs:

Is this Some Kind of Joke?

You have to be kidding me.
Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ

Re: Is this Some Kind of Joke?

hmm technicly though VOIP is a data usage and doesnt violate the TOS as far as the FCC classifies VOIP atm its data not voice.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports

greatway

@optonline.net
thats a great way to lose customers... good going there..
navalpatel

join:2003-07-28
Lubbock, TX

2 edits

-

delete
mlbSAE

join:2000-08-01
Dayton, OH
·DONet

hmmm... keyword in there...

"You many not use any alternate connection or client software with roaming or voice capability in connection with this service. The Earthlink WIRELESS enhances access service is for data only. Violation of this part of the agreement will result in an additional charge of $0.95 per minute of unauthorized voice usage and suspension or cancellation of your account."

They originally had a rule against all VoIP, but changed the wording to just their wireless network a few months ago.

And not to be an a-hole, but this has been discussed many times on the Earthlink forum in the past. Why is it headline news now?

Boomerang86
Got FUD?
Premium
join:2002-10-18
VampireState
clubs:
·VOIPo
·RoadRunner Cable
·Time Warner VOIP

Re: hmmm... keyword in there...

said by mlbSAE See Profile:

...And not to be an a-hole, but this has been discussed many times on the Earthlink forum in the past. Why is it headline news now?
Agreed, this is OLD news.

needforspeed59
Cruise Ship Just Passing Through

join:2001-05-02
Glendale, AZ

Re: hmmm... keyword in there...

Well, it is not old news to me. I find this interesting and appreciate it being brought up. Thanks BBR!
--
Of all the people I know... you're one of them.

djrobx

join:2000-05-31
Valencia, CA
·PHONE POWER
·AT&T U-Verse
·AT&T CallVantage
·Time Warner VOIP
·RoadRunner Cable


1 edit
quote:
And not to be an a-hole, but this has been discussed many times on the Earthlink forum in the past. Why is it headline news now?
Because not everyone reads the Earthlink forum, and it's news to people who don't?
--
\\ROB - a part of the SCB local network

SRFireside

join:2001-01-19
Houston, TX
Just to make sure I'm getting this straight. I can use whatever VOIP service I want and Earthlink won't pull any extra charges or terminations on me (provided it's not on their wireless services)?
averagedude

join:2002-01-30
Mesa, AZ
What about voice and video chatting through ms messenger?

When will it end - Dog and cats living together - oh my.

Brianv5
Low Level Functionary
Premium
join:2001-01-20
Keyser, WV

Keep limiting that unlimited connection boys!

Between download caps, port restrictions and now VOIP?

That unlimited fat pipe to the internet is getting more and more useless.

Everyone will start getting their own T1!
--
More power never hurt anything.

Rexter
YeeHaw

join:2002-11-17
cloud 9

Re: Keep limiting that unlimited connection boys!

said by Brianv5 See Profile:

Everyone will start getting their own T1!
No need, just get Speakeasy, or Megapath. BS not included.

Though I understand that not everyone is so lucky.
--
When all is said, and done, there will be more said than done.

anonpronman

@dsl.net
Not @ over 1000 per month in most areas..

They are killing the internet slowly.
JPCass

join:2001-01-23
Denver, CO

said by Brianv5 See Profile:

Everyone will start getting their own T1!
A T1 is still a lot more expensive.

It seems that a lot of people expect that "unlimited" broadband for a (comparatively) low price and high dowload speeds is going to be equivalent to a T1, and then are "surprised" and even indignant that it turns out not to be the same.

Raptor
Not a Dumptruck

join:2001-10-21
London, ON
·Rogers Hi-Speed
·Bell Sympatico

Pwn'd

$0.95 a minute? haha. 1-900-Earthlink? For $0.95 a minute, you had better be talking to someone, um...fun.

Evil corportations.

So does that include client software such as MSN that can be used to talk? Or does that get switched to data since its not VOIP?

Either way, wtf.

Julio
Bachatero y Que?
Premium
join:2003-03-19
Brooklyn, NY
clubs:

huh?

if i read correctly its for their wireless service "The Earthlink wireless enhances access service is for data only." does not say earthlink cable.
--
Kurt Cobain Is My Guitar God.

Mike
Premium,Mod
join:2000-09-17
Pittsburgh, PA
clubs:
·Verizon FIOS
·Verizon Online DSL

Host:
Site Tools
W.O.W.
FairPoint
World of Warcraft
Alltel Axcess

Broaden the sphere

That means for gamers, UT2k4, Teamspeak, Ventrillo, all video chat, apple iChat AV, and other misc things where voice is embedded in the program.

Technically, if you want to stretch it, all forms of spoken language ie; mp3s, .wav, streaming feeds are illegal.

Deviants!
--
I call for a separation of church and idiot. - Lewis Black
What this country needs is a good five dollar plasma weapon.
mlbSAE

join:2000-08-01
Dayton, OH
·DONet

Re: Broaden the sphere

I called them on it before they reworded it to Earthlink Wireless (hence my RR connection instead of Earthlink). I asked them if my XBox Live was banned since it had voice communications. After talking to a couple of managers who weren't sure I just said I would get Road Runner instead. I went back a few months later and they had reworded the ToS.

SRFireside

join:2001-01-19
Houston, TX

Earthlink VOIP?

Okay I read the TOS and had enough questions about it to want to get to the bottom of it (there were no comments here at the time). In my research I was looking at Earthlink's VOIP services and it made me want to compare it to the service I wanted to get this month (VoicePulse). The price and levels of service is right. The international calling rates are lower too. The thing is I haven't seen anything about Earthlink VOIP here in BBR. Anybody have any experience of information on it?

Yeah I got suckered by the TOS, but the end result might have gotten be a better VOIP plan. Thoughts?
mlbSAE

join:2000-08-01
Dayton, OH

Re: Earthlink VOIP?

I belive Earthlink VoIP is nothing but repackaged Vonage.
hottboiinnc
ME

join:2003-10-15
Cleveland, OH

Re: Earthlink VOIP?

thats true. the sites are even have the same lay out and everything.

It's Elink's way of "out-sourcing"

TheMadSwede
Premium
join:2001-01-30
Holland, MI
·Charter Pipeline

Great title

"Read your TOS". And if I don't like it, then what? Back to dialup, right? Or spring for a T1 or a frac? FABULOUS.

So - why can they have such silly TOSs? (asked rhetorically)
--
home

yitz98

join:2003-05-06
ISRAEL

DATA

quote:
access service is for data only
Am I wrong, but even VOIP is technically voice converted into DATA!?!?

ruscorp
I Never Stop Posting For You
Premium
join:2002-08-29
Earth
clubs:

My Bill

I guess I owe EL $1300.55 more for this months bill.
JPCass

join:2001-01-23
Denver, CO

More disclosure issues for the VOIP providers

First 911 may not work, and then it may turn out that your phone service might not necessarily work - or could stop working - as well. It poses an interest question as to whether issues like this point to VOIP needing some of the same sorts of regulation to which other consumer products are subject.

Automobile manufacturers and financers, pharmaceutical companies, etc., are all required by regulation to disclose various major caveats to their products. VOIP providers are getting away with selling a relatively new technical product to the masses, and advertising it as if it's a cheaper equivalent to copper POTS service. If there are buried disclosures that their service might not necessarily work with your internet service - or might suddenly be blocked by your ISP - such major issues are nowhere obvious in the advertising as, is required for other products.
nozzer

join:2004-06-25
Waltham, MA

Re: More disclosure issues for the VOIP providers

blah blah 911 blah blah regulation blah blah All these things are disclosed.

Now, get BACK into your cage mr Qwest - thank you

burgerwars

join:2004-09-11
Northridge, CA
·voip.ms
·RoadRunner Cable

Earthlink Wireless

95 cents a minute??? I wonder if they can legally do that and bill your credit card for their new "fine?"
When you compare VOIP to streaming video and audio, which they're not complaining about, the bandwidth usage is much less. In any event, it's still a long way's off where you'll see more people yakking on VOIP at a hotspot, than on their cell phones.

roamer1
sticking it out at you

join:2001-03-24
Atlanta, GA
clubs:

This isn't about cable at all...

I'm pretty certain that this clause is intended to apply only to ELNK's laptop data product that runs on Verizon Wireless's network, but somehow accidentally made it into the cable TOS. (The way I read it, the concern is that customers would "hack" their AirCards to allow them to use the "data-only" service for voice calls or outside VZW's native coverage.)

Pretty much all ISPs reserve the right to block traffic that degrades service to other customers; that clause is normally used only to deal with DoS attacks, spam, and other true network abuse, not "traffic they don't like."

-SC
--
"it seems like all you ever buy is Abercrombie and cell phones" --a friend

pcscdma
Chocobo Chocobo Random Battle
Premium
join:2004-01-14
Winterset, IA
clubs:

Re: This isn't about cable at all...

I'm beginning to think that bloggers can't read (see the gmail address). After all, most of these things are started by bloggers and then other bloggers copy those bloggers and then even more bloggers start copying them. Then someone who actually cares to read it sees that there is nothing terribly interesting about it. Actually I woudn't be surprised if AP found about it and sent it out and Reuters copied it and the rest of the mass media followed through with it. It's remarkable how the mass media and blogs are run in much of the same way.
--
"The bad news is that we are told that Michael Powell, one of Washington's better bureaucrats, is calling it quits today after four years at the helm of the Federal Communications Commission." - WSJ 2005/01/21
Forums » Read Your TOS


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