EVO 4G and PDANet problems - contract issues only

[diamondhead54]

I have been using PDANet with the EVO 4G and it worked great. The other day the app disappeared from my app list and I cannot find it. It is no longer available from the Sprint market, apparently Sprint has blocked the app. JuneFabrics suggested pushing the app to the phone from the computer. I did that but cannot find the app on the phone. Has anyone experienced simular problems and found a solution to get PDANet working again?

 

[EarlyMon]

Yeah, so the problem is that using it basically against their Terms of Service in your contract.

Accordingly, we've changed our site policies to not support discussions that go against theft of service as determined by your ToS.

It's a newer policy here and we're still getting the word out.

 

[EarlyMon]

Upon receipt of this PM, I'm re-opening this thread for discussion of the contract issue only -

Thanks for your reply to my post. Upon the issuance of my contract with sprint this was a legal application therefore it was not Thief of Service. Sprint is trying to monopolize and force you to their services only , which I am sure their actions in blocking this app from the market on some level is illegal. I feel you have jumped to a conclusion that ToF is in play here. If you have evidence of that I would be interested in seeing it. It is not my intention to participate in ToF, but when I have paid for a legal copy of an application and am blocked from using it, that causes me concern.

Here's the link to the Sprint ToS articles giving rise to our policy -

http://androidforums.com/sprint/455520-sprints-official-tethering-policy.html

that states:

Sprint's official tethering policy

According to the Sprint's Terms of Service (ToS) available at https://shop2.sprint.com/en/legal/os_general_terms_conditions_popup.shtml

Sprint's official policy about tethering is

Examples of prohibited data uses: Sprint 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:... (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)...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 Sprint Prohibited Network Uses.

Promotions, Options and Other Provisions
Data...Except with Phone-as-Modem plans, you may not use a phone (including a Bluetooth phone) as a modem in connection with a computer, PDA, or similar device.

General Terms and Conditions of Service
Specific Terms & Restrictions On Using Data Services
In addition to the rules for using all of our other Services, unless we identify the Service or Device that you have selected as specifically intended for that purpose... If your Services include 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.).

Currently because Sprint does not allow tethering without a specific plan if you wish to tether please sign up for the appropriate plan using the links below.

http://shop.sprint.com/mysprint/shop/plan/plan_wall.jsp?tabId=pt_data_plans_tab&flow=AAL&planFamilyType=null

As you're questioning this as a Sprint issue of contract legality, I'm moving your post to the Sprint forum.

Remember _everyone_ that per the stated reason, ok to discuss if our statements of Sprint's policies are accurate, if Sprint's terms have changed, if Sprint is acting illegally or creating an unconscionable contract.

Not ok to discuss how to beat the system and install PDANet, per our current policy.

PS - never too late to say hello, welcome to the forums!

 

[TambourineMan]

Is it only Verizon that must allow PDANet on their LTE network as they agreed to allow non-Verizon programs and use of that band as a condition of bidding for the LTE band, or did Sprint have to agree also as a condition of bidding and this does not apply since they did not win?

 

[Citizen Coyote]

If I recall, all of the major US providers cracked down on apps that allowed tethering outside of the providers' own plans. Sprint was one of the last ones to make any noise about it, but there it is. On the plus side, I believe you can activate the tethering option for a short period and get a pro-rated rate on its use if you cancel it before the full month is up. Check with Sprint on that before you try, however, as I have never attempted it.

 

[TambourineMan]

My point is that the crack down is illegal as respects Verizon with respect to their LTE network. It may be OK as respects their 3G network. I am not a lawyer.

My question was not whether Sprint was cracking down or not, but rather whether they were in compliance with FCC rules and regulations when they endeavor to crack down. I think Sprint has always had a guideline that they accepted 5Gb a month for their unlimited data plans - I haven't followed this since before they had WiMax so I am unclear whether this applies to their WiMax network as well and 3G/EVDO.

This crackdown is similar to the carrier's attempts to avoid the Magnuson