On Mon, Jan 5, 2009 at 12:05 PM, Gary <[email protected]> wrote: > > Michael Weinberg wrote: >> as it appears to lack >> much of the usage specifics that typically is in an AUP, I'm inclined >> toward the former reading. >> > > I disagree -- most common ISP/NSP usage policy tenets appear in their > TOS and the section I quoted specifically say that their TOS are also > their AUP. I used to work for a tier one network provider and though > that was over 10 years ago now, AUP content hasn't changed much.
I don't think it's that clear. "The Acceptable Use Policy is incorporated into these Terms of Service as though they are a part of it." As though they are part of it suggests that there is something outside of this document (i.e. the ToS) that should be considered to be part of the ToS. I also don't agree that typical AUP content is included in the ToS. There is no mention anywhere of what the user is allowed to do, only the expectations on the part of Clearwire. Nothing that prohibits sending bulk e-mail and nothing that prohibits illegal activity, both boiler plate pieces in typical AUPs. Searching the entire Clear ToS yields one instance of the work "illegal," under the section on contract severability. For comparison, the Comcast ToS has 3 instances of the word "illegal" just in the AUP subsection (http://www.comcast.net/terms/use/). -- Michael Weinberg President Personal Telco Project, Inc. A 501(c)(3) Non-Profit --~--~---------~--~----~------------~-------~--~----~ The Personal Telco Project - http://www.personaltelco.net/ Donate to PTP: http://www.personaltelco.net/donate Archives: http://news.gmane.org/gmane.network.wireless.portland.general/ Etiquette: http://www.personaltelco.net/index.cgi/MailingListEtiquette List information: http://lists.personaltelco.net To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] -~----------~----~----~----~------~----~------~--~---
