Digital Subscriber Line 12/22: "Changes to your Qwest(r) High-Speed Internet Service Agreement"

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Subject Author Date
12/22: "Changes to your Qwest(r) High-Speed Internet Service Agreement" J. D. 12-24-05
Posted by J. D. on December 24, 2005, 9:16 am
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Qwest send out this email to all its subscribers today, and referred them to
the new service agreement to be applied to all new accounts beginning 1/28/06.
Existing accounts will move to this new agreement on 11/26/06 or the date
any change is made to the service, whichever is earlier.

The new agreement is located here: http://tinyurl.com/aphzn

The only substantive changes I see are two minor ones and one
potentially big one.

The minor changes:

1. The acceptance of binding arbitration for all disputes.

This is a sign of the times. Many companies, including banks and credit
card companies, have put this in their agreements.

2. The monitoring of your internet connection.

This was probably in the old agreement as well, and is understandable
since resolving trouble with a circuit would necessarily require monitoring
(at least during troubleshooting) of your internet connection. The particular
passage in the new agreement is:

10. Privacy.
Under this Agreement, Qwest and its affiliates, contractors and
third-party vendors, have the right ... to monitor your internet
connection...

The big change is this from their description of acceptable use:

7. (a) Limits on Use.
... you may not use Service to host any type of server, personal or
commercial.

I wonder what I'm supposed to do with the dozens of business clients I have
who host their own Exchange mail server with static IP's purchased from Qwest.




Posted by Bert Hyman on December 24, 2005, 5:42 pm
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> Qwest send out this email to all its subscribers today,

That would appear to apply only to qwest.net subscribers like you, not to
all folks like me who buy DSL circuits from Qwest but get ISP service from
someone else.

--
Bert Hyman        St. Paul, MN        bert@iphouse.com

Posted by Someone on December 24, 2005, 10:34 am
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> That would appear to apply only to qwest.net subscribers like you, not to
> all folks like me who buy DSL circuits from Qwest but get ISP service from
> someone else.

Not true. The agreement is for the DSL circuit, not the ISP. So these new
terms will apply regardless of your ISP.

The only exceptions are spelled out here:

Section 2(b): Internet Access.
You must select a qualifying internet access provider at the time you order Qwest
High-Speed Internet service. If you select a provider other than Qwest, Sections
2(b)(ii)-(v) below do not apply to you and you will be subject to the third party
provider's terms.

2(b)(ii) deals with e-mail storage space and other e-mail limitations
2(b)(iii) deals with nationwide roaming and dial-in service
2(b)(iv) deals with additional e-mail user IDs
2(b)(v) deals with loss of email when upgrading an MSN account

All the other provisions of the new agreement will apply regardless of your ISP.




Posted by Frankster on December 24, 2005, 12:55 pm
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> Not true. The agreement is for the DSL circuit, not the ISP. So these
> new
> terms will apply regardless of your ISP.

First, it does not specify "DSL". It specifies "High Speed".

You *know* that this is a typical Qwest mis-step. Qwest supports tons of
full fledged, all-out business LAN/WAN connectivity. There is no way in hell
they are going to ban servers from all their "High-Speed Internet Service"
customers.

I personally know one of these customers with a 350+OC connection. No
servers? Sure.

-Frank



Posted by Someone on December 24, 2005, 12:15 pm
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> First, it does not specify "DSL". It specifies "High Speed".

It's the same thing. From their accompanying letter:

"The Federal Communications Commission (FCC) recently issued an order that
affects high-speed Internet service providers, such as Qwest High-Speed
Internet (or Qwest DSL®). Companies providing high-speed Internet access
now have the option of providing terms and conditions that govern the
service under a subscriber agreement with its customers in lieu of a
tariff.

"Qwest will provide high-speed Internet services to all new subscribers
under a subscriber agreement beginning January 28, 2006. As an existing
customer ... your service will continue under the same terms and conditions
to which you originally subscribed until November 16, 2006.

"On November 16, 2006 ... Qwest will transfer the governance of your
service to the new subscriber agreement."



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