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Posted May 23, 2011
2:17:41 AM
Truely Unlimited Data?

I have an iPhone 4 and I am still grandfathered in with my old $30 unlimited data plan.  Well I recently discovered the wonderful apps HBO Go and Hulu Plus, and I have used them quite frequently to watch TV shows and movies on my iPhone recently.  I've never used this much data before and I might actually go over 5 GB usage in a month for the first time ever.  So my question is what the limit on data usage before my account gets flagged for excessive use?  Like is there a softcap on my unlimited data plan?  My iPhone is not jailbroken and I'm not tethering.  Am I in the clear since all my data usage is from Hulu.com via the Hulu Plus app, or should I be expecting a notice from AT&T that I'm subject to some overage charges?

I have an iPhone 4 and I am still grandfathered in with my old $30 unlimited data plan.  Well I recently discovered the wonderful apps HBO Go and Hulu Plus, and I have used them quite frequently to watch TV shows and movies on my iPhone recently.  I've never used this much data before and I might actually go over 5 GB usage in a month for the first time ever.  So my question is what the limit on data usage before my account gets flagged for excessive use?  Like is there a softcap on my unlimited data plan?  My iPhone is not jailbroken and I'm not tethering.  Am I in the clear since all my data usage is from Hulu.com via the Hulu Plus app, or should I be expecting a notice from AT&T that I'm subject to some overage charges?

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Truely Unlimited Data?

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Jun 1, 2011 8:56:15 PM
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tonester wrote:

 

I think I already know what the reply is going to be based on--namely, if you do whatever AT&T decides in their own way is not in their own best interests, they're gonna call you on it.  Doesn't matter if you're on an unlimited data plan or a tiered plan, and/or whether you use 1 GB or 10 GB--if they don't like how you're using the data, they're gonna let you know about it.  Too bad they feel that they're not obligated to spell out in the ToS exactly what it is they prefer that you not do...

 

The bottom line that folks like johninsj are insinuating is this--no matter how ill-defined the ToS is...since you agreed to it, you have to abide by it.


Sorry but that doesn't fly.  The problem that will occur for AT&T in this country, because we're so explative litigious, is that without it being defined, what is CURRENTLY in compliance with AUP, AT&T can suddenly change their mind and say "No, it's not".  This smacks of 'bait-and-switch' type scams, especially since, without some sort of definition, there's really no way for us users to ensure we're going to continue to NOT violate AT&T's policies, without a "definition" or a "defined set of rules", there's no way for us users to play the game.

 

Now, your arrogantly ignorant respon se of "...you agreed to it, you have to abide by it..."  I know for a fact that less than 1% of the users have ever read their ToS or AUP, I know darn well that YOU haven't, also as there is precedent that since AT&T can't demonstrate that:

 

A.  They adequately informed us of what we were signing

B.  That what we signed at the time is what AT&T is currently attempting to enforce

C.  Their rules are adequately defined such that a reasonable person could explain, understand, and avoid breaking them

 

Well, let's just say that class action lawyers love this sort of thing, when I get my notification, I'll be sure and sign my name to it for sure.


tonester wrote:

 

I think I already know what the reply is going to be based on--namely, if you do whatever AT&T decides in their own way is not in their own best interests, they're gonna call you on it.  Doesn't matter if you're on an unlimited data plan or a tiered plan, and/or whether you use 1 GB or 10 GB--if they don't like how you're using the data, they're gonna let you know about it.  Too bad they feel that they're not obligated to spell out in the ToS exactly what it is they prefer that you not do...

 

The bottom line that folks like johninsj are insinuating is this--no matter how ill-defined the ToS is...since you agreed to it, you have to abide by it.


Sorry but that doesn't fly.  The problem that will occur for AT&T in this country, because we're so explative litigious, is that without it being defined, what is CURRENTLY in compliance with AUP, AT&T can suddenly change their mind and say "No, it's not".  This smacks of 'bait-and-switch' type scams, especially since, without some sort of definition, there's really no way for us users to ensure we're going to continue to NOT violate AT&T's policies, without a "definition" or a "defined set of rules", there's no way for us users to play the game.

 

Now, your arrogantly ignorant respon se of "...you agreed to it, you have to abide by it..."  I know for a fact that less than 1% of the users have ever read their ToS or AUP, I know darn well that YOU haven't, also as there is precedent that since AT&T can't demonstrate that:

 

A.  They adequately informed us of what we were signing

B.  That what we signed at the time is what AT&T is currently attempting to enforce

C.  Their rules are adequately defined such that a reasonable person could explain, understand, and avoid breaking them

 

Well, let's just say that class action lawyers love this sort of thing, when I get my notification, I'll be sure and sign my name to it for sure.

Re: Truly Unlimited Data?

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Jun 2, 2011 4:00:37 AM
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DimentoGraven wrote:

tonester wrote:

 

I think I already know what the reply is going to be based on--namely, if you do whatever AT&T decides in their own way is not in their own best interests, they're gonna call you on it.  Doesn't matter if you're on an unlimited data plan or a tiered plan, and/or whether you use 1 GB or 10 GB--if they don't like how you're using the data, they're gonna let you know about it.  Too bad they feel that they're not obligated to spell out in the ToS exactly what it is they prefer that you not do...

 

The bottom line that folks like johninsj are insinuating is this--no matter how ill-defined the ToS is...since you agreed to it, you have to abide by it.


Sorry but that doesn't fly.  The problem that will occur for AT&T in this country, because we're so explative litigious, is that without it being defined, what is CURRENTLY in compliance with AUP, AT&T can suddenly change their mind and say "No, it's not".  This smacks of 'bait-and-switch' type scams, especially since, without some sort of definition, there's really no way for us users to ensure we're going to continue to NOT violate AT&T's policies, without a "definition" or a "defined set of rules", there's no way for us users to play the game.

 

Now, your arrogantly ignorant respon se of "...you agreed to it, you have to abide by it..."  I know for a fact that less than 1% of the users have ever read their ToS or AUP, I know darn well that YOU haven't, also as there is precedent that since AT&T can't demonstrate that:

 

A.  They adequately informed us of what we were signing

B.  That what we signed at the time is what AT&T is currently attempting to enforce

C.  Their rules are adequately defined such that a reasonable person could explain, understand, and avoid breaking them

 

Well, let's just say that class action lawyers love this sort of thing, when I get my notification, I'll be sure and sign my name to it for sure.


You are 100 percent correct in this statement - the error is it is NOT the fault of the company - it is a easy going way of the end users that just blissfully and blindly agrees to a legally binding contract without taking the time to actualy read the agreement  - sorry but this is NOT the fault of the company, this is the fault of the end users - they no one to blame but themsevles for blindly and blissfully signing something that did ot read. No one's fault but their own - personaly responsiblity is a interesting concept, although the majority of the people do not feel like reading it and tend to cry foul when they realize just how they are held accountable for something they did not read

 

As fas as you other statement - "I KNOW you haven't" in thi s case you are wrong, I went over it with a fine tooth comb abd knew exactly what was being signed at the time.


DimentoGraven wrote:

tonester wrote:

 

I think I already know what the reply is going to be based on--namely, if you do whatever AT&T decides in their own way is not in their own best interests, they're gonna call you on it.  Doesn't matter if you're on an unlimited data plan or a tiered plan, and/or whether you use 1 GB or 10 GB--if they don't like how you're using the data, they're gonna let you know about it.  Too bad they feel that they're not obligated to spell out in the ToS exactly what it is they prefer that you not do...

 

The bottom line that folks like johninsj are insinuating is this--no matter how ill-defined the ToS is...since you agreed to it, you have to abide by it.


Sorry but that doesn't fly.  The problem that will occur for AT&T in this country, because we're so explative litigious, is that without it being defined, what is CURRENTLY in compliance with AUP, AT&T can suddenly change their mind and say "No, it's not".  This smacks of 'bait-and-switch' type scams, especially since, without some sort of definition, there's really no way for us users to ensure we're going to continue to NOT violate AT&T's policies, without a "definition" or a "defined set of rules", there's no way for us users to play the game.

 

Now, your arrogantly ignorant respon se of "...you agreed to it, you have to abide by it..."  I know for a fact that less than 1% of the users have ever read their ToS or AUP, I know darn well that YOU haven't, also as there is precedent that since AT&T can't demonstrate that:

 

A.  They adequately informed us of what we were signing

B.  That what we signed at the time is what AT&T is currently attempting to enforce

C.  Their rules are adequately defined such that a reasonable person could explain, understand, and avoid breaking them

 

Well, let's just say that class action lawyers love this sort of thing, when I get my notification, I'll be sure and sign my name to it for sure.


You are 100 percent correct in this statement - the error is it is NOT the fault of the company - it is a easy going way of the end users that just blissfully and blindly agrees to a legally binding contract without taking the time to actualy read the agreement  - sorry but this is NOT the fault of the company, this is the fault of the end users - they no one to blame but themsevles for blindly and blissfully signing something that did ot read. No one's fault but their own - personaly responsiblity is a interesting concept, although the majority of the people do not feel like reading it and tend to cry foul when they realize just how they are held accountable for something they did not read

 

As fas as you other statement - "I KNOW you haven't" in thi s case you are wrong, I went over it with a fine tooth comb abd knew exactly what was being signed at the time.

Re: Truly Unlimited Data?

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Jun 2, 2011 7:01:07 AM
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DimentoGraven wrote:

tonester wrote:

 

I think I already know what the reply is going to be based on--namely, if you do whatever AT&T decides in their own way is not in their own best interests, they're gonna call you on it.  Doesn't matter if you're on an unlimited data plan or a tiered plan, and/or whether you use 1 GB or 10 GB--if they don't like how you're using the data, they're gonna let you know about it.  Too bad they feel that they're not obligated to spell out in the ToS exactly what it is they prefer that you not do...

 

The bottom line that folks like johninsj are insinuating is this--no matter how ill-defined the ToS is...since you agreed to it, you have to abide by it.


 

Now, your arrogantly ignorant respon se of "...you agreed to it, you have to abide by it..."  I know for a fact that less than 1% of the users have ever read their ToS or AUP, I know darn well that YOU haven't...


LOL--you're so much into trying to argue your point that you're even resorting to making comments claiming that you know what I did or didn't do.  Talk about making "arrogantly ignorant responses"...

 

How's this for an arrogant response--I'm willing to bet that you'll come out and say that you're in that <1% group of users that do read their ToS...and as such, apparently makes you qualified to arrogantly come out and claim as fact that I haven't read the ToS.

 

You make some fair points, but your credibility kinda goes down the cr*pper when you feel the need to make the kind of ludicrous comment such as the one I quoted above in order to keep your argument going.


DimentoGraven wrote:

tonester wrote:

 

I think I already know what the reply is going to be based on--namely, if you do whatever AT&T decides in their own way is not in their own best interests, they're gonna call you on it.  Doesn't matter if you're on an unlimited data plan or a tiered plan, and/or whether you use 1 GB or 10 GB--if they don't like how you're using the data, they're gonna let you know about it.  Too bad they feel that they're not obligated to spell out in the ToS exactly what it is they prefer that you not do...

 

The bottom line that folks like johninsj are insinuating is this--no matter how ill-defined the ToS is...since you agreed to it, you have to abide by it.


 

Now, your arrogantly ignorant respon se of "...you agreed to it, you have to abide by it..."  I know for a fact that less than 1% of the users have ever read their ToS or AUP, I know darn well that YOU haven't...


LOL--you're so much into trying to argue your point that you're even resorting to making comments claiming that you know what I did or didn't do.  Talk about making "arrogantly ignorant responses"...

 

How's this for an arrogant response--I'm willing to bet that you'll come out and say that you're in that <1% group of users that do read their ToS...and as such, apparently makes you qualified to arrogantly come out and claim as fact that I haven't read the ToS.

 

You make some fair points, but your credibility kinda goes down the cr*pper when you feel the need to make the kind of ludicrous comment such as the one I quoted above in order to keep your argument going.

Re: Truly Unlimited Data?

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Jun 2, 2011 7:59:31 AM
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tonester wrote:

 

LOL--you're so much into trying to argue your point that you're even resorting to making comments claiming that you know what I did or didn't do.  Talk about making "arrogantly ignorant responses"...

 

How's this for an arrogant response--I'm willing to bet that you'll come out and say that you're in that <1% group of users that do read their ToS...and as such, apparently makes you qualified to arrogantly come out and claim as fact that I haven't read the ToS.

 

You make some fair points, but your credibility kinda goes down the cr*pper when you feel the need to make the kind of ludicrous comment such as the one I quoted above in order to keep your argument going.


Nope, I've never been presented with an AT&T ToS or AUP, that I've been aware of anyway.  When I signed onto this service, I was originally a Cingular customer.  I did read over that contract, heck, there's even a small chance I've still got the original paper work, but at that time there was no "smart phone" classification, and "tethering" consisted of plugging my laptop modem into the phone and actually dialing into a seperate ISP.

 

Since then, I am unaware of AT&T sending me a copy of or even a link to a complete AUP or ToS.  I HAVE received the little billing inserts that speak of changes to these documents, but again, not the whole agreement.

 

It is actually relevant, in court, whether or not a company can prove an individual was aware of what they were agreeing to, and that it can be demonstrated that the company made a 'reasonable effort' to explain and detail the specifics of the contract.  Ever wonder why when you're purchasing or leasing a car, or a home, or things like that there's a person there that explains every document, has you initial every page, and gives you time to read each page in detail?  Yeah, that's right, because any company NOT doing these things suffers a risk of having the contract invalidated in court later on.

 

Plenty of precedent for that, and when you get to provisions in the contract where things aren't defined, it's very plausible that anyone who is denied service due to some how 'violating' these nebulous, seemingly randomly enforced, rules that they'll have a case for damages to bring against AT&T.

 

Again, that's why in almost all other contracts things are spelled out VERY specifically.


tonester wrote:

 

LOL--you're so much into trying to argue your point that you're even resorting to making comments claiming that you know what I did or didn't do.  Talk about making "arrogantly ignorant responses"...

 

How's this for an arrogant response--I'm willing to bet that you'll come out and say that you're in that <1% group of users that do read their ToS...and as such, apparently makes you qualified to arrogantly come out and claim as fact that I haven't read the ToS.

 

You make some fair points, but your credibility kinda goes down the cr*pper when you feel the need to make the kind of ludicrous comment such as the one I quoted above in order to keep your argument going.


Nope, I've never been presented with an AT&T ToS or AUP, that I've been aware of anyway.  When I signed onto this service, I was originally a Cingular customer.  I did read over that contract, heck, there's even a small chance I've still got the original paper work, but at that time there was no "smart phone" classification, and "tethering" consisted of plugging my laptop modem into the phone and actually dialing into a seperate ISP.

 

Since then, I am unaware of AT&T sending me a copy of or even a link to a complete AUP or ToS.  I HAVE received the little billing inserts that speak of changes to these documents, but again, not the whole agreement.

 

It is actually relevant, in court, whether or not a company can prove an individual was aware of what they were agreeing to, and that it can be demonstrated that the company made a 'reasonable effort' to explain and detail the specifics of the contract.  Ever wonder why when you're purchasing or leasing a car, or a home, or things like that there's a person there that explains every document, has you initial every page, and gives you time to read each page in detail?  Yeah, that's right, because any company NOT doing these things suffers a risk of having the contract invalidated in court later on.

 

Plenty of precedent for that, and when you get to provisions in the contract where things aren't defined, it's very plausible that anyone who is denied service due to some how 'violating' these nebulous, seemingly randomly enforced, rules that they'll have a case for damages to bring against AT&T.

 

Again, that's why in almost all other contracts things are spelled out VERY specifically.

Re: Truly Unlimited Data?

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Edited by cathy2981 on Oct 31, 2013 at 5:00:51 PM

i want to start by saying everyone has truely unlimited which is 

[Inappropriate content removed]


because people like us that have been grandfathered in to the unlimited get capped but the people with teired plans dont that makes no since also in the agreement it stats that people like us that have been grandfathered into the unlimited data plans can be limited/throttaled only with prohibited use of the data thats section 6.2 under data unlimited users .... but

 

 

"6.2 Prohibited Activities: AT&T's wireless data services are not intended to be used in any manner which has any of the following effects and such use is prohibited if it: (a) conflicts with applicable law, (b) hinders other customers’ access to the wireless network, (c) compromises network security or capacity, (d) excessively and disproportionately contributes to network congestion, (e) adversely impacts network service levels or legitimate data flows, (f) degrades network performance, (g) causes harm to the network or other customers, (h) is resold either alone or as part of any other good or service, (i) tethers a wireless device to a computing device (such as a computer, Smartphone, eBook or eReader, media player, laptop, or other devices with similar functions) through use of connection kits, applications, devices or accessories (using wired or wireless technology) and you have not subscribed to a specific data plan designed for this purpose, or (j) there is a specific data plan required for a particular use and you have not subscribed to that plan."     [Edited to comply with Guidelines]

i want to start by saying everyone has truely unlimited which is 

[Inappropriate content removed]


because people like us that have been grandfathered in to the unlimited get capped but the people with teired plans dont that makes no since also in the agreement it stats that people like us that have been grandfathered into the unlimited data plans can be limited/throttaled only with prohibited use of the data thats section 6.2 under data unlimited users .... but

 

 

"6.2 Prohibited Activities: AT&T's wireless data services are not intended to be used in any manner which has any of the following effects and such use is prohibited if it: (a) conflicts with applicable law, (b) hinders other customers’ access to the wireless network, (c) compromises network security or capacity, (d) excessively and disproportionately contributes to network congestion, (e) adversely impacts network service levels or legitimate data flows, (f) degrades network performance, (g) causes harm to the network or other customers, (h) is resold either alone or as part of any other good or service, (i) tethers a wireless device to a computing device (such as a computer, Smartphone, eBook or eReader, media player, laptop, or other devices with similar functions) through use of connection kits, applications, devices or accessories (using wired or wireless technology) and you have not subscribed to a specific data plan designed for this purpose, or (j) there is a specific data plan required for a particular use and you have not subscribed to that plan."     [Edited to comply with Guidelines]

Re: Truely Unlimited Data?

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Remember to always mark items that you find useful as "Accepted Solutions”, you can even mark multiple posts in a single thread.  This will help other users find this information too!!


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