PH8AL

No, for real Im done. Goodbye thanks for the ride. And if they ever advertise unlimited data again We should start a class action lawsuit for false and misleading advertising.

Have a peak at this.

Terms and Conditions | Boost Mobile

The bastards.
More Corporate American Sellouts.

kevincott

After a qwik glance at the ToS you posted, I am not sure where your anger stems from. Seems pretty standard to me.

ZingBot

I doubt you will find a ToS from any other US carrier that you will be pleased with.

Firewill10

And actually if you guys remember the law suit Verizon lost they cannot put a limitation on what u use data for or how you use it

kevindroid

those are the terms, but can you show any enforcement of this

PH8AL

except its completely different than it was 2 days ago. It now says you can't do something previously you could because Boost wants to sell it at a service. I have no contract with Boost because I bought the phone from Best Buy and activated it over the phone. The add on the box said no contract and unlimited data. So whats this supposed contract here that says I indeed do not get unlimited data with a device that they sell that has a 2 native features that violate this contract I was never presented with. Things that work on unrooted devices from Boost Mobile.

Let alone that there is a de facto contract here, where it was advertised no contract.

Lets talk about how this has played out. Boost Advertises Unlimited Data we say great, we buy their service. With no contract presented. They get into Android and things are great. Then they start to whine about how data usage on Android devices is nearly as bad as a pc and they are going to have to adjust the data price to make up for it. Fine as we buy more devices they are charging us more. Then after a considerable time they decide to roll out a 4G network but its a joke. In this day and age how long do you think it would take to burn thru 2.5GB of data with a 4G connection? Spank back down to 3G after that so screw it we all love the phones we have so no one in my house took that BS offer. Now they roll out their Hot Spot plan for you guessed it more money.

So here we are now with them messaging us vague messages about this de facto unfair contract. That I had to do an internet search to find. That in fact takes away 2 feature that were native and operable on our phones when we purchased them.

My phone came with native Wifi Direct which connects devices interactively and can share network access. Fully functional when unboxed. The phone has a native USB tether feature. The charging cable for the phone is mini usb to usb with a wall adapter it plugs into. You can use the Wifi and USB tether on unrooted phones.

This is nothing more than another shake down for more cash.

So yeah another once great Company ate up by the conglomerate that owns 3/4 of the world.

Looking into getting our phones flashed over to one of the little guys who still give you what they say they will.

If not its new phones for Christmas.

Just to clear it up to. We are not bandwidth hogs playing Xbox360 12 hours a day. We are busy mobile people linking our kids Kindles and what not. With a promised unlimited data. Most of our news and entertainment is net based because we are always on the go.

Last edited by PH8AL; November 5th, 2012 at 04:26 PM.

kevincott

@PH8AL

1. All Accounts have a ToS, even with no contract. When you activated your account for Android Forums you had to accept a ToS. Many accounts here at AF get closed/banned for violations of ToS and no one here has a contract. Gmail, Hotmail, and everywhere else also have a ToS without a contract.

2. Excessive use is excessive use. Realistically you are trying to compare a $40 unlimited plan (after shrinkage) to providers that can charge $200 after all added fees. I am all for the throttling as many peeps would use 10GB+ a month and choke out the rest of us. I pay Comcast $39.95 for 250GB at 3.5MB speeds and would love to cancel my broadband but it is not feasable.


I think you might want to step back and ask yourself if you are being fair. I think I used to pay around $57 to Verizon for 500 min, 500 texts and no data; I am quite happy with my Boost plan.

Last edited by kevincott; November 5th, 2012 at 05:59 PM.

kolosus

If we're going to start suing companies for "unlimited data" then why dont we start with the big ones? Verizon? AT&T? I mean I know some folks who are on those carriers.

__________________
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If I've helped you, a thank you would be cool.

PH8AL

Kevincott the TOS here was presented to me I had to go thru a process agreeing to it to gain entry.

The packaging from Boost makes the express claim of no contract in big bold print.

What is excessive use when you purchased an unlimited amount of use?

kolosus. Because those companies have a contract that you must sign before you are allowed access to the network that defines what they mean by it. Boost Mobile avertises in bold labeling on their packaging that they do not.

They even call it a contract and the box you purchased said no contract until you have already purchased it then you are told you entered into a contract. This contract they call a contract. A contract that voids your ability to take CLASS OR JURY ACTION against them for lying about this contract.

JUST BECAUSE ALL OF THE CORPORATIONS ARE SHITTING ON US DOESN'T MAKE IT RIGHT.

The real problem are the 90% of this country who are lazy freaking sheep who have let themselves be so dumbed down they have no clue what their rights are.

Last edited by PH8AL; November 6th, 2012 at 05:28 AM.

h20

couldn't have said it better.....

__________________
It is best not to travel with a dead man....

guyphs

It's no contract in the sense that there is no 2 year service agreement with termination fees, but there is still a contract (e.g., the TOS).

Fwiw boost has always reserved the right to terminate your service for whatever reason it deems necessary, and that by using the service you agree to it.

PH8AL

You tell me how an average person could get to that by this packaging which is the original agreement between you and Boost.

cjreyes666

Here are some TOS for other carriers

Cricket

Prohibited Network Uses. To ensure the activities of some users do not impair the ability of our customers to have access to reliable services provided at reasonable costs, you may not use our services in a manner that is unlawful, infringes on intellectual property rights, or harms or unduly interferes with the use of Cricket's network or systems. Cricket reserves the right, without notice or limitation, to limit data throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend service if an individual engages in any of the prohibited voice or data uses set forth in the Agreement, Fair Use Policy, Acceptable Use Policy, detailed below or if Cricket, in its sole discretion, determines action is necessary to protect its wireless networks from harm or degradation. Examples of prohibited voice uses: Cricket voice services are provided solely for live dialogue between, and initiated by, individuals for personal use and as otherwise described in this policy. Cricket services may not be used for any other purposes, including, but not limited to: monitoring services, transmission of broadcasts, transmission of recorded material, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between individuals. Examples of prohibited data uses: Cricket data services are provided solely for purposes of web surfing, sending and receiving email, photographs and other similar messaging activities, and the non-continuous streaming of videos, downloading of files or on-line gaming. Our data services may not be used: (i) to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading or uploading of videos or other files or to operate hosting services including, but not limited to, web or gaming hosting; (ii) to maintain continuous active network connections to the Internet such as through a web camera or machine-to-machine connections that do not involve active participation by a person; (iii) to disrupt email use by others using automated or manual routines, including, but not limited to "auto-responders" or cancel bots or other similar routines; (iv) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited commercial or bulk email, or fax; (v) for activities adversely affecting the ability of other people or systems to use either Cricket's wireless services or other parties' Internet-based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user; (vi) for an activity that connects any device to Personal Computers (including without limitation, laptops), or other equipment for the purpose of transmitting wireless data over the network (unless customer is using a plan designated for such usage); or (vi) for any other reason that, in our sole discretion violates our policy of providing service for individual use. Unlimited Use Plans. If you subscribe to rate plans, services or features that are described as unlimited, you should be aware that such "unlimited" plans are subject to these Cricket Prohibited Network Uses.

Data: Services are not available with all Cricket phones. The amount of data transmitted over our network is measured in kilobytes (KB), megabytes (MB) or gigabytes (GB). Unless specified otherwise 1024KB equals 1MB. 1024MB equal 1GB. Usage is calculated on a per kilobyte, megabyte or gigabyte (depending on your rate plan) basis and is rounded up to the next whole kilobyte, megabyte or gigabyte. Rounding occurs at the end of each session or each clock hour and at which time we deduct accumulated usage from your plan. You are responsible for all data activity from and to your device, regardless of who initiates the activity. Estimates of data usage will vary from actual use. Your bill will not separately identify the number of kilobytes, megabytes or gigabytes attributable to your use of specific sites, sessions or services used. Premium content (games, ringtones, songs, etc.) priced separately. Services are not available for use in connection with server devices or host computer applications, other systems that drive continuous heavy traffic or data sessions, or as substitutes for private lines or frame relay connections. Except with phone-as-modem rate plan orfeature, you may not use a phone (including a Bluetooth phone) as a modem in connection with a computer, PDA, or similar device. We reserve the right to deny or terminate service without notice for any misuse or any use that adversely affects network performance.

Straight Talk

Accessing Mobile Web Services and Purchasing Web Content: Unless you are on an Unlimited Service Plan, each time you access the Mobile Web through your Straight Talk phone’s browser, your Mobile Web Access balance in your Straight Talk phone will be debited for that usage (“Access Charges”). Access Charges are deducted in full kilobyte increments. Access Charges begin when your Straight Talk phone connects to the Mobile Web Service. This should occur after you open your browser, send or receive a multimedia message (for example, a digital photo), initiate a content download, or if Mobile Web Access is initiated for any other purpose. Access Charges end when the connection to the Mobile Web Service terminates. This should occur shortly after you close your browser, successfully receive or send a multimedia message, after a successful content download or when you exit a Mobile Web session. The Mobile Web Access duration and the related Access Charges are NOT determined from the exact moment you press a button on your Straight Talk phone to open or close the browser.

Unless you are on the Unlimited Service Plan, there is always an Access Charge associated with accessing the Mobile Web, sending or receiving a picture message and downloading content. Total Access Charges will depend on the size of the content and the actual time it takes to download or transmit the content or multimedia message. Any Web Content you buy and download may only be used or viewed on the Straight Talk phone for which the Web Content was purchased and cannot be transferred to any other device, including a new or replacement Straight Talk phone. Web Content purchases are non-refundable and non-transferable.

Availability, Interruptions and Discontinuation of Mobile Web Service: Straight Talk does not guarantee the availability of Mobile Web Service in your network coverage area at any time and reserves the right to modify, suspend, interrupt, discontinue or permanently cancel Mobile Web Service, or portions thereof, without notice. Mobile Web Service is not available outside of your coverage area. Straight Talk is not responsible and will not be liable for any modifications, interruptions or discontinuation of Mobile Web Service or for your failure to receive any purchased Web Content. If Mobile Web Service, or any part thereof, is modified, interrupted, discontinued or cancelled, Straight Talk will NOT issue any refunds or reimburse you for any remaining used or unused Services. If you cancel, or attempt to cancel a web download, subscription purchase or a multimedia message in progress, or if this process is otherwise interrupted through no action on your part, Mobile Web Access usage may nevertheless be deducted. If the Straight Talk Mobile Web Services are unavailable and you have opened your browser, you will be deducted usage even though you will not be able to view or utilize the Mobile Web Service.

T-Mobile

11. * Data Plans and Other Features. You will be charged for data usage on a pay per use basis unless you are required to maintain a data plan ("Data Plan") as part of your Service, or as otherwise provided by your Rate Plan or prepaid data pass. Permissible and Prohibited Uses: Your Data Plan is intended for Web browsing, messaging, and similar activities on your Device and not on any other equipment. Unless explicitly permitted by your Data Plan, other uses, including for example, using your Device as a modem or tethering your Device to a personal computer or other hardware, are not permitted. Other examples of prohibited uses can be found in Section 18. Protective Measures: To provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, we may take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth. In addition, if your total usage exceeds 5GB (amount is subject to change without notice; please check T-Mobile's T&Cs on Unsupported Browser for updates) during a billing cycle, we may reduce your data speed for the remainder of that billing cycle. If you use your Data Plan in a manner that could interfere with other customers' service, affect our ability to allocate network capacity among customers, or degrade service quality for other customers, we may suspend, terminate, or restrict your data session, or switch you to a more appropriate Data Plan. We also manage our network to facilitate the proper functioning of services that require consistent high speeds, such as video calling, which may, particularly at times and in areas of network congestion, result in reduced speeds for other services. Additionally, we may implement other network management practices, such as caching less data, using less capacity, and sizing video more appropriately for a Device to transmit data files more efficiently. These practices are agnostic to the content itself and to the websites that provide it. While we avoid changing text, image, and video files in the compression process when practical, the process may impact the appearance of files as displayed on your Device.

So yeah Boost Mobile is evil as any other carrier in the U.S. for having ToS.

Plaigh

un·lim·it·ed/ˌənˈlimitid/
Adjective:

• Not limited or restricted in terms of number, quantity, or extent.
• (of a company) Not limited.

I understand what you're saying here PH8TL in all aspects - These people use the word "unlimited" as bait, once they get us hooked they then place limits on the unlimited. It's something like when you look at the menu at McDonald's. You see the burger, place your order but once you remove the wrapper it's nothing like what the picture portrayed. Similar yes... identical to the menu photo, no. I feel the "unlimited" wording should not be able to be used UNLESS that is exactly what they offer. ToS are nothing more than ass covers. I'm the basic cell phone user. I like to mod my phone a little bit, not much. I like fancy fonts & custom ringtones & a few apps but nothing more than that. It's the "others" who actually USE their phones to its fullest potential who get screwed over with these so called "unlimited" services. Then they have the balls to add that nobody can start a class action lawsuit but as anyone knows, just because THEY claim you can't doesn't mean it can not be done. That is just to deter the average person. If people really wanted to give Boost mobile static it wouldn't be anything more than a few calls to a good group of dedicated lawyers.


That being said - I will always live by "You get what you pay for". We ALL want more for less & many places claim that is what they offer. Maybe if people got together & made a few calls to the right people we would see words changing for OUR benefit instead of the companies who use the words too loosely to get us hooked.

carracerz14

Not true, the FCC simply ruled they can't block tethering apps on the play store, nothing about being able to use it however you want.

carracerz14

Seriously all that no contract means is you aren't locked in for 2 years and can cancel at anytime. Stop acting like you are entitled to something, you aren't entitled to anything. Just cancel your contract and go sign a real one with a real company to figure out the difference.

cjreyes666

Many carriers have unlimited access to web access so you wont be charged more if you go over a set limit. So its unlimited still if your being throttled, you can access web sites check email and other things. The only carriers that have unlimited data with out throttling its customer is Sprint and T-Mobile. But here is my theory of why there is throttling in carriers: First larger carriers such as Verizon and ATT have data caps since right know there 3g and 4g data speed are just fast so if you have 2gb on a data plan you can easily go over that cap and at the end charge more. Second smaller carriers such as cricket or straight talk have throttling due to the fact that their networks aren't capable or suitable to have a heavy traffic.

mooreapi

Unlimited = no limit to the amount of data you can use...they make NO guarantee about how FAST you can access it...
No Contract = not required to be locked into a fixed guaranteed time of service (and monthly payments).... but you ARE entering into a contract (which is spelled out in the ToS...not their fault if you don't read it or care for it) by giving them x$ for x days of service on their network.

As ppl have stated before, they can say anything they want in their ToS...as to whether they can...or how..enforce it, that is another matter....you can get away with ANYTHING... until you get caught ;-)

Just like laws about bestiality or forcing manufacturers to put warning labels on products.... they do it because there are ppl out there who cause problems

Not on a high horse, or holding any stones...you all know the words from Jesus
"Let he who is without Sin cast the first stone"

M

mydian

Unlimited data, even if throttled, is still unlimited data.