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Consumerist: Contracts
fiosballoon.jpgReader William forwards us an email he got from Verizon. He's concerned that they're going to try to force FiOS on him.

Dear Valued Verizon Online Customer,

This email is to let you know that we have revised the Verizon Internet Access Service Terms of Service ("TOS"). Please visit www.verizon.net/updates or look under the Announcements section of Verizon Central to review the revised TOS, as well as the announcement summarizing the primary changes. These changes will be effective as of the date set forth on the announcement. We encourage you to review these changes as they affect your rights and obligations under our TOS...

Sincerely,

Verizon Online

Effective November 20, 2007

As set forth in Paragraph 6 of the Terms of Service, your continued use of the Service after the effective date of these changes will constitute your agreement to the changes.

8.4 Conversion from DSL Service to Verizon Fios Internet Service. At such time as Verizon is able to provision the Service utilizing fiber optic technologies, we may in our discretion terminate your DSL Service and no longer make DSL service available to your location. In cases of such termination, we will offer to you Verizon Fios Internet Service and we will disclose to you applicable rates and additional terms, if any, and such rates and terms may differ from the DSL Services provided under this Agreement.

Perhaps William should write his own email. "William reserves the right to be paid $10 every month by Verizon. Not sending a freeze dried penguin via DHL before next Tuesday constitutes your agreement to the changes."

Better keep acentex.jpgVeronica Baca thought she'd won a new home. She had been named a finalist in a contest. She pulled the lucky key that opened a prize door at halftime of a Broncos game. She toured the house. She agreed to let the company use her image in advertisements. She signed a form titled "Centex House Party Grand Prize Release." She was even in the local newspaper.

Now Centex says the accidentally named two winners and that Baca agreed to be in a raffle to see who would really get the house. She says she never agreed. Centex says the other person won the house.

Now she's mad. We'd be mad too.

Baca agreed in the release to be used in ads that ran in both the Rocky Mountain News and Denver Post on Oct. 23.

"Congratulations, Veronica Melita Baca. Her Key Opened the Door," they read.

"This is the day that I won the house. This is the day that my key opened the door and the fireworks went out. This is a lucky day. A dream come true. And to see myself like this, it seems like now it's just a nightmare. And they have caused this to me. I don't deserve this," Baca said while looking at the Post ad.

She even toured the Brighton home with more than 2,200-square-feet, four bedrooms and 2ВЅ baths, with several excited family members.

After living in their Lakewood home for 35 years, this was a magic moment for the couple.

But on Tuesday, she learned another Lakewood woman had been chosen for the house.

Contest organizers said the finalists would have to agree to a random drawing of names.

Baca's lawyer refused.

"We do not consent to a redrawing of the contest, as my client won the contest according to the rules," said attorney Jamey Jameson. Baca says that Centex has offered her a $25,000 gift card to a furniture store, but she refused.

con_at%26tvaderunmasked.jpg Maybe the pinkvader.jpgBoingBoing reports that AT&T has altered the language in its reviled TOS to say it thinks it's okay for people to speak their mind. Really, they hard-wired that into the legalese:

"AT&T respects freedom of expression and believes it is a foundation of our free society to express differing points of view. AT&T will not terminate, disconnect or suspend service because of the views you or we express on public policy matters, political issues or political campaigns."

That's very sweet of them to say. Really. Though, we're skeptical of how well, "But it says right here, they respect the freedom of expression as a foundation of a free society!" would hold up in court...

The new language doesn't seem to fully constitute the "make[ing] clear that we do not terminate service because a customer expresses their opinion about AT&T" they promised last week. The term "Public policy" always refers to government actions. We don't see where it explicitly says AT&T will not terminate your contract if you criticize aspects of AT&T's service.5.1 Suspension/Termination. AT&T respects freedom of expression and believes it is a foundation of our free society to express differing points of view. AT&T will not terminate, disconnect or suspend service because of the views you or we express on public policy matters, political issues or political campaigns. However, AT&T may immediately terminate or suspend all or a portion of your Service, any Member ID, electronic mail address, IP address, Universal Resource Locator or domain name used by you, without notice, for conduct that AT&T believes (a) violates the Acceptable Use Policy; or (b) constitutes a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws) or a violation of these TOS, or any applicable policies or guidelines. Your Service may be suspended or terminated if your payment is past due and such condition continues un-remedied for thirty (30) days. Termination or suspension by AT&T of Service also constitutes termination or suspension (as applicable) of your license to use any Software. AT&T may also terminate or suspend your Service if you provide false or inaccurate information that is required for the provision of Service or is necessary to allow AT&T to bill you for Service.It does, however, no longer say that they will terminate your service for "damaging" their "reputation," which is a plus.

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