Restrictive Service Agreements
Posted by Rich on Wednesday September 05th 2007, 9:30 am
Filed under: Mobile

This isn’t news at all. But I was just browsing Verizon’s BroadbandAccess service and was dismayed to find their disapproval of SlingBox in particular written right into their terms of agreement:

Examples of prohibited uses include, without limitation, the following: (i) continuous uploading, downloading, or streaming of audio or video programming or games; (ii) server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine to-machine connections or peer-to-peer (P2P) file-sharing; or (iii) as a substitute or backup for private lines or dedicated data connections. This means, by way of example only, that checking email, surfing the Internet, downloading legally acquired songs, and/or visiting corporate intranets is permitted, but downloading movies using P2P file-sharing services and/or redirecting television programming content for viewing on laptops is prohibited.

So I decided to check out AT&T’s terms:

PROHIBITED USES INCLUDE, BUT ARE NOT LIMITED TO, USING SERVICES: (I) WITH SERVER DEVICES OR WITH HOST COMPUTER APPLICATIONS, INCLUDING, WITHOUT LIMITATION, WEB CAMERA POSTS OR BROADCASTS, CONTINUOUS JPEG FILE TRANSFERS, AUTOMATIC DATA FEEDS, TELEMETRY APPLICATIONS, PEER-TO-PEER (P2P) FILE SHARING, AUTOMATED FUNCTIONS OR ANY OTHER MACHINE-TO-MACHINE APPLICATIONS; (II) AS SUBSTITUTE OR BACKUP FOR PRIVATE LINES OR DEDICATED DATA CONNECTIONS; (III) FOR VOICE OVER IP; (IV) IN CONJUNCTION WITH WWAN OR OTHER APPLICATIONS OR DEVICES WHICH AGGREGATE USAGE FROM MULTIPLE SOURCES PRIOR TO TRANSMISSION; (V) USING THE SERVICES FOR ANY ACTIVITY THAT ADVERSELY AFFECTS THE ABILITY OF OTHER PEOPLE OR SYSTEMS TO USE EITHER THE SERVICES OR OTHER PARTIES’ INTERNET-BASED RESOURCES INCLUDING, BUT NOT LIMITED TO EXCESSIVE CONSUMPTION OF NETWORK OR SYSTEM RESOURCES (WHETHER INTENTIONAL OR UNINTENTIONAL) AND “DENIAL OF SERVICE” (DOS) ATTACKS AGAINST ANOTHER NETWORK HOST OR INDIVIDUAL USER; OR (VI) INTERFERENCE WITH OR DISRUPTION OF OTHER NETWORK USERS, NETWORK SERVICES OR NETWORK EQUIPMENT. EXCEPT FOR CONTENT FORMATTED IN ACCORDANCE WITH AT&T’S WIRELESS CONTENT STANDARDS, UNLIMITED PLANS CANNOT BE USED FOR UPLOADING, DOWNLOADING OR STREAMING OF VIDEO CONTENT (E.G. MOVIES, TV), MUSIC OR GAMES. FURTHERMORE, UNLIMITED PLANS (EXCEPT FOR DATACONNECT AND BLACKBERRY TETHERED) CANNOT BE USED FOR ANY APPLICATIONS THAT TETHER THE DEVICE (THROUGH USE OF, INCLUDING WITHOUT LIMITATION, CONNECTION KITS, OTHER PHONE/PDA-TO-COMPUTER ACCESSORIES, BLUETOOTH® OR ANY OTHER WIRELESS TECHNOLOGY) TO LAPTOPS, PCS, OR OTHER EQUIPMENT FOR ANY PURPOSE.

They hate SlingBox, Skype, and pretty much everything else except web, email and IM… and I guess the eventual FTP transfer.

Sprint, however, is less specific:

In addition to the rules for using all of our other Services, unless the we identify the Service or Device you have selected as specifically intended for that purpose (for example, wireless routers, Data Link, etc.), you can’t use our data Services: (1) with server devices or host computer applications, or other systems that drive continuous heavy traffic or data sessions; and (2) as a substitute or backup for private lines or frame relay connections. We reserve the right to limit or suspend any heavy, continuous data usage that adversely impacts our network performance or hinders access to our network. If your Services include unlimited web or data access, you also can’t use your Device as a modem for computers or other equipment, unless we identify the Service or Device you have selected as specifically intended for that purpose (for example, with “phone as modem” plans, Sprint Mobile Broadband card plans, wireless router plans, etc.).

Given all these terms, I’d go with Sprint. I wonder what their WiMax terms will look like. Hmmm…

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