Full Disclosure mailing list archives

Re: [MISC] SBC Blocks Port 25 - No Exceptions.


From: "james edwards" <hackerwacker () cybermesa com>
Date: Fri, 14 Jan 2005 16:26:22 -0700

earlier today).  Nevertheless, it does not change the fact that SWb
started blocking *BUSINESS* customers, *without warning of ANY kind*,
while charging a significant premium for service, and without any
mechanism in place to *immediately* reverse this change.  In fact, SWB
should have either announced this was coming in their monthly bill, and
given everyone a chance to go elsewhere, or they should have had a
pre-optout choice so that customers were not brought down without warning
and without recourse.

Not according to their AUP & If you want an SLA get a T-1:

Prodigy reserves the right to modify this policy at any time without prior
notification.

Disclaimer of Warranties; Limitation of Liability


YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS MADE AVAILABLE ON AN "AS IS," "AS AVAILABLE" BASIS. NEITHER
PRODIGY NOR ANY SUPPLIER, LICENSOR, EMPLOYEE, AGENT, OR CONTRACTOR MAKES ANY
WARRANTY WHATSOEVER REGARDING THE SERVICE OR THE INTERNET, ANY INFORMATION,
SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE OR
THE INTERNET (INCLUDING WITHOUT LIMITATION THE COMPANY SOFTWARE LICENSED
HEREUNDER), OR ANY RESULTS TO BE OBTAINED THROUGH THE USE THEREOF, AND THE
COMPANY HEREBY EXPRESSLY DISCLAIMS ON BEHALF OF ITSELF AND ALL SUPPLIERS ANY
AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO
THE AVAILABILITY, ACCURACY, SECURITY, NON-INFRINGEMENT, OR CONTENT OF
INFORMATION, PRODUCTS, OR SERVICES; AND (2) ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.

ANY LIABILITY OF THE COMPANY, ITS SUPPLIERS, LICENSORS, EMPLOYEES, AGENTS,
OR CONTRACTORS, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES
CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE
STRICTLY LIMITED TO THE AMOUNT PAID TO PRODIGY BY OR ON BEHALF OF THE MEMBER
FOR MEMBERSHIP FEES (EXCLUDING FEES FOR SEPARATELY CHARGED EXTRA FEE
FEATURES OR OPTIONS) IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, LICENSORS, EMPLOYEES, AGENTS,
OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (EVEN IF PRODIGY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, THE
INTERNET, OR ANY BREACH OF ANY WARRANTY. SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.



_______________________________________________
Full-Disclosure - We believe in it.
Charter: http://lists.netsys.com/full-disclosure-charter.html


Current thread: