Time Warner Cable Adds Cap ?n Tier Language to Subscriber Agreements

[Modelworks]

Looks like TWC is back with their cap the cable plans. Trying to remove any loopholes in the service agreement so they can put it in place.

Guess all the complaints they got before were not enough to dissuade them. I guess they think that if they are the only game in town in places they can do what they want.


http://stopthecap.com/2009/05/...subscriber-agreements/

Here we go again. Stop the Cap! reader Oscar noticed a tiny message on his most recent bill from Time Warner Cable stating the company had ?updated? their Subscriber Agreement. Oh yes they did:

6. Special Provisions Regarding HSD Service

(ii) I agree that TWC or ISP may change the Maximum Throughput Rate of any tier by amending the price list or Terms of Use. My continued use of the HSD Service following such a change will constitute my acceptance of any new Maximum Throughput Rate. If the level or tier of HSD Service to which I subscribe has a specified limit on the amount of bytes that I can use in a given billing cycle, I also agree that TWC may use technical means, including but not limited to suspending or reducing the speed of my HSD Service, to ensure compliance with these limits, and that TWC or ISP may move me to a higher tier of HSD Service (which may result in higher monthly charges) or impose other charges and fees if my use exceeds these limits.


(iii) I agree that TWC may use Network Management Tools as it determines appropriate and/or that it may use technical means, including but not limited to suspending or reducing the Throughput Rate of my HSD Service, to ensure compliance with its Terms of Use and to ensure that its service operates efficiently. I further agree that TWC and ISP have the right to monitor my bandwidth usage patterns to facilitate the provision of the HSD Service and to ensure my compliance with the Terms of Use and to efficiently manage their networks and their provision of services. TWC or ISP may take such steps as each may determine appropriate in the event my usage of the HSD Service does not comply with the Terms of Use. I acknowledge that HSD Service does not include other services managed by TWC and delivered over TWC?s shared infrastructure, including Video Service and Digital Phone Service.

 

[nakedfrog]

Well, it's more reasonable than a hard cap, but I'm not a fan of them being able to move you to a more expensive tier without prior notification.

 

[CountZero]

Originally posted by: nakedfrog
Well, it's more reasonable than a hard cap, but I'm not a fan of them being able to move you to a more expensive tier without prior notification.

Isn't that just language to allow for a cap?

Sounds like they are adding this to the stack of fine print and then they introduce caps with or without letting you know what said cap is. You go over it you pay more without knowing what the cap is.

I see a commercial that advertises blazing fast internet with them showing videos, games, music etc. "100x faster than dialup, 10x faster than DSL! Only $15/month!" in the small print is a 1GB limit, the next tier is $80/month for 20GB and the next from that is $150 for 40GB. And the agreement allows them to change those terms whenever they like.

All of this would be fine if there was actual competition but in a lot of areas there isn't. It might be ok if their complaints about increased costs with lower profits were true but they don't appear to be.

They were a company given a monopoly by the government they should be heavily regulated and changes to terms/prices etc should require government approval. They should be required to update their infrastructure. This country falls further and further behind even in the big cities because we just let these government granted monopolies languish and drag their feet. If they don't like it they can get out of this apparently unprofitable internet business and let some other competition come in.

<cue you know who to defend the poor cable companies that provide internet out of the goodness of their hearts>

 

[spidey07]

That sounds like "reasonable network management" to me.

 

[jTanked]

Originally posted by: spidey07
That sounds like "reasonable network management" to me.

I agree. Just because your pipe can handle x amount of bandwidth, that shouldn't mean you get to have all that without paying more. You want full pipe access? Pay for it. Metro Ethernet is getting pretty cheap...

 

[SilentZero]

FiOS FTW!

 

[RadiclDreamer]

My TW cable bill went up another $8 this month, now for 5mbps internet and basic 74 channel cable +DVR I pay $132. They can suck a dick as far as im concerned. They rape me enough that I should be able to use all I damn well please

 

[CountZero]

Originally posted by: jTanked

Originally posted by: spidey07
That sounds like "reasonable network management" to me.

I agree. Just because your pipe can handle x amount of bandwidth, that shouldn't mean you get to have all that without paying more. You want full pipe access? Pay for it. Metro Ethernet is getting pretty cheap...

They advertise unlimited and now they want people to pay more for what they already have while the costs for providing that are going down and they want to do it in markets where they are the only real high speed alternative .

They backed down from the caps last time because they thought the government might look into it and they know they are completely full of it. They aren't any less full of it now where instead of a /GB charge you just get bumped up a tier.

 

[mugs]

Originally posted by: CountZero

Originally posted by: jTanked

Originally posted by: spidey07
That sounds like "reasonable network management" to me.

I agree. Just because your pipe can handle x amount of bandwidth, that shouldn't mean you get to have all that without paying more. You want full pipe access? Pay for it. Metro Ethernet is getting pretty cheap...

They advertise unlimited and now they want people to pay more for what they already have while the costs for providing that are going down and they want to do it in markets where they are the only real high speed alternative .

They backed down from the caps last time because they thought the government might look into it and they know they are completely full of it. They aren't any less full of it now where instead of a /GB charge you just get bumped up a tier.

Do they still advertise it as unlimited? I just looked briefly at Time Warner's website (not terribly useful for someone who doesn't live in their service area) and the top three authorized retailers that I found advertised on Google, and I couldn't find the word "unlimited" anywhere.

 

[coloumb]

Originally posted by: SilentZero
FiOS FTW!

I looked into FIOS - sure they have a great specials right now which would save me about $50.00 a month but I'd be locked into a contract for 2 years and the normal price for what I already have with Comcast would only save me about $5.00 once the special price goes down. I've personally had zero problems with Comcast and this really doesn't affect me.

About a year ago, when FIOS hit our neighborhood, a sales rep tried to force feed me to change from Comcast [his offer only showed a savings of about $6.00 per month] - it was funny as a "no soliciting" sign was clearly posted right behind me during the conversation. Verizon dumbasses FTL!

 

[her209]

Bump! I can't believe this shit!

 

[xanis]

So wrong it hurts.

 

[I Saw OJ]

AT&T DSL here, ditched comcast cable last year. Fuck those outrageous prices.

 

[nineball9]

Clever on the part of TWC because in addition to formalizing a cap, it appears they have modified their Terms of Use to include future changes in Terms of Use. Many Terms of Service in the industry include a penalty-free opt out option if the terms are changed. The new "update" would seem to negate such a provision, if TWC currently has one.

If I understand the wording, those on a 2-year plan (or whatever) won't be able to opt out if the terms are changed, as changing the Terms of Service is now part of the Terms of Service!
(I'm not a lawyer nor a TWC customer.)

 

[Bill Brasky]

Originally posted by: I Saw OJ
AT&T DSL here, ditched comcast cable last year. Fuck those outrageous prices.

AT&T DSL kicks ass. I switch a year ago and haven't looked back. 3m down/512 up uncapped is all I need. 32 bucks a month FTW.

 

[Zugzwang152]

Originally posted by: RadiclDreamer
My TW cable bill went up another $8 this month, now for 5mbps internet and basic 74 channel cable +DVR I pay $132. They can suck a dick as far as im concerned. They rape me enough that I should be able to use all I damn well please

Wow that's ridiculous. I pay $114 for 6mbps internet, basic+digital+HD TV, and HD DVR. And I thought that was the biggest rip in the country. Guess not.

 

[her209]

Originally posted by: Zugzwang152

Originally posted by: RadiclDreamer
My TW cable bill went up another $8 this month, now for 5mbps internet and basic 74 channel cable +DVR I pay $132. They can suck a dick as far as im concerned. They rape me enough that I should be able to use all I damn well please

Wow that's ridiculous. I pay $114 for 6mbps internet, basic+digital+HD TV, and HD DVR. And I thought that was the biggest rip in the country. Guess not.

I pay about $120 for the same stuff from Cox.

 

[Special K]

Originally posted by: RadiclDreamer
My TW cable bill went up another $8 this month, now for 5mbps internet and basic 74 channel cable +DVR I pay $132. They can suck a dick as far as im concerned. They rape me enough that I should be able to use all I damn well please

According to a TWC rep I spoke with, the cost of their internet service has only gone down since it was introduced. He claims it went from $54/month -> $45/month -> $39.99/month in my area, and that all of the price increases associated with bundle services are due to the TV portion.

 

[SunnyD]

Originally posted by: Special K

Originally posted by: RadiclDreamer
My TW cable bill went up another $8 this month, now for 5mbps internet and basic 74 channel cable +DVR I pay $132. They can suck a dick as far as im concerned. They rape me enough that I should be able to use all I damn well please

According to a TWC rep I spoke with, the cost of their internet service has only gone down since it was introduced. He claims it went from $54/month -> $45/month -> $39.99/month in my area, and that all of the price increases associated with bundle services are due to the TV portion.

Unless of course you want to get internet service unbundled from them at the same speed tier. Then it's $59.99/mo or more.

 

[techs]

See my sig.

that is all.

 

[Anubis]

the reason TMC got shit on last time they talked about caps was because of how fing small they were. if they would have come out and said they were gonna have a 250 GB cap like Comcast and rates would not change very few people would have gotten pissed off

 

[Special K]

Originally posted by: SunnyD

Originally posted by: Special K

Originally posted by: RadiclDreamer
My TW cable bill went up another $8 this month, now for 5mbps internet and basic 74 channel cable +DVR I pay $132. They can suck a dick as far as im concerned. They rape me enough that I should be able to use all I damn well please

According to a TWC rep I spoke with, the cost of their internet service has only gone down since it was introduced. He claims it went from $54/month -> $45/month -> $39.99/month in my area, and that all of the price increases associated with bundle services are due to the TV portion.

Unless of course you want to get internet service unbundled from them at the same speed tier. Then it's $59.99/mo or more.

Actually those quoted prices were for the non-bundled internet service, although I suppose pricing may vary from one region to the next.

 

[Anubis]

Originally posted by: Special K

Originally posted by: SunnyD

Originally posted by: Special K

Originally posted by: RadiclDreamer
My TW cable bill went up another $8 this month, now for 5mbps internet and basic 74 channel cable +DVR I pay $132. They can suck a dick as far as im concerned. They rape me enough that I should be able to use all I damn well please

According to a TWC rep I spoke with, the cost of their internet service has only gone down since it was introduced. He claims it went from $54/month -> $45/month -> $39.99/month in my area, and that all of the price increases associated with bundle services are due to the TV portion.

Unless of course you want to get internet service unbundled from them at the same speed tier. Then it's $59.99/mo or more.

Actually those quoted prices were for the non-bundled internet service, although I suppose pricing may vary from one region to the next.

they do and they vary a lot

i pay 69.99 for 8 mbit service out here and its the fastest i can get from them and they are the only provider

 

[nakedfrog]

Originally posted by: Zugzwang152

Originally posted by: RadiclDreamer
My TW cable bill went up another $8 this month, now for 5mbps internet and basic 74 channel cable +DVR I pay $132. They can suck a dick as far as im concerned. They rape me enough that I should be able to use all I damn well please

Wow that's ridiculous. I pay $114 for 6mbps internet, basic+digital+HD TV, and HD DVR. And I thought that was the biggest rip in the country. Guess not.

Yeah, I'm paying just a little more than you for 6mbps DSL and Dish 200 + Silver HD w/dual tuner HD DVR.