Packetstream - how does this not violate just about every provider's ToS?

Anne P. Mitchell, Esq. amitchell at isipp.com
Fri Apr 26 15:47:26 UTC 2019



> On Apr 26, 2019, at 9:24 AM, Mel Beckman <mel at beckman.org> wrote:
> 
> With all due respect, you haven’t yet cited an example of an ISP TOS at “every provider” that this new company’s product violates. I’m not asking you to critique TORs, I’m asking that you tell us the TOS restriction that you believe is so obvious to everyone? Because it’s not obvious to me, and I own an ISP. 

A few examples:

Comcast:

You are prohibited from reselling or permitting another to resell the Service(s) in whole or in part, or using or permitting another to use the Xfinity Equipment or the Service(s), directly or indirectly, for any unlawful purpose, including, but not limited to, in violation of any policy we post applicable to the Service(s).

https://www.xfinity.com/Corporate/Customers/Policies/SubscriberAgreement

---

CenturyLink:

Also, you agree not to use the Service for high volume or excessive use, in a business or for any commercial purpose if your Service is a residential service, or in a way that impacts CenturyLink network resources or CenturyLink’s ability to provide services. You agree not to: (i) offer public information services (unlimited usage or otherwise), or (ii) permit more than one high-speed Internet log-on session to be active at one time, except if using a roaming account when traveling, in which case 2 sessions may be active. A log-on session represents an active connection to your Internet access provider. The active session may be shared to connect multiple computers/devices within a single home or office location or within a single unit within a multiple dwelling unit (e.g., single apartment or office within an apartment complex) to your modem and/or router to access the Service (including the establishment of a wireless fidelity (“WiFi”) hotspot), but the Service may only be used at the single home or office location or single unit within a multiple dwelling unit for which Service is provisioned by CenturyLink.

http://www.centurylink.com/legal/en/highspeedinternetsubscriberagreement_LQ.html

---

Google:

you agree not to use or allow third parties to use the Services provided to you for any of the following purposes:

...

	• To make the Services available to anyone outside the property to which the Services are delivered, to resell the Services directly or indirectly, except as explicitly approved by Google Fiber in writing, or to create substitute or related services through the use of or access to the Services (for example, to provide Wi-Fi services to third parties outside of your residence).

https://fiber.google.com/legal/accepteduse/residential/

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Anne

Attorney at Law
GDPR, CCPA (CA) & CCDPA (CO) Compliance Consultant
Author: Section 6 of the CAN-SPAM Act of 2003 (the Federal anti-spam law)
Legislative Consultant
CEO/President, Institute for Social Internet Public Policy
Board of Directors, Denver Internet Exchange
Board of Directors, Asilomar Microcomputer Workshop
Legal Counsel: The CyberGreen Institute
Former Counsel: Mail Abuse Prevention System (MAPS
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Ret. Professor of Law, Lincoln Law School of San Jose







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