Austin Internet Question, RE: TW is capping internet bandwidth in Austin.

[Sheepherder]

Methinks politicians are going to wrap their hands around TW's nuts and twist, unless there is a contractual expectation that users not exceed a certain amount of data sent/received.

[MahrinSkel]

There is boilerplate in the service contract that basically says that TWC doesn't guarantee a damned thing except that they'll cash your checks, they aren't actually under any obligation to provide you with actual services in exchange, so anything they allow you to do is pure bonus.  Where state laws have been found to contradict that waiver, they've long since gotten the laws changed.

--Dave

[gryeyes]

So a corporation can receive funds specifically for a service, yet have the contract absolve them of all responsibility in providing that service? I have a vague notion that is not legal.

[HaemishM]

It's only not legal if you can afford to challenge it in court.

[SnakeCharmer]

So a corporation can receive funds specifically for a service, yet have the contract absolve them of all responsibility in providing that service? I have a vague notion that is not legal.

You're in no way obligated to pay for said service...Or rather, the chance the service might actually work as advertised 

[Trippy]

TW changes their ToS to allow them to charge you whatever they fucking feel like

(okay not exactly but it sounded better that way)

6. Special Provisions Regarding HSD Service

(a) Description of HSD Service.

    (i)  I acknowledge that each tier or level of the HSD Service has limits on the Maximum Throughput Rate at which I may send and receive data at any time, as set forth in the price list or Terms of Use, and that the Maximum Throughput Rate may be achieved in bursts, but generally will not be sustained on a consistent basis due to the nature of the Internet, the protocols used to transmit data to and from the Internet, and TWC’s facilities.  I also understand that the actual Throughput Rate I may experience at any time will vary based on numerous factors, such as the condition of wiring at my location, computer configurations, Internet and TWC network congestion, the time of day at which I use the HSD Service, and the website servers I access, among other factors.  Additionally, Throughput Rate may be affected by Network Management Tools, the prioritization of TWC commercial subscriber traffic and network control information, and necessary bandwidth overhead used for protocol and network information.

    (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.

http://help.twcable.com/html/twc_sub_agreement.html

[Sky]

Could get interesting at the library.

[schild]

This explains the (real) mail I got from them offering me the plan I currently have at a lower speed for more money.