Re: [Asterisk-Users] VoipJet Terms of Service

2005-03-16 Thread Michael Puchol

Jean-Michel Hiver wrote:
But then again come to them with a few million monthly minutes under 
your belt and I'm sure they'll change the TOS for you...
Maybe not, as the ToS also state:
The customer agrees to purchase VoipJet termination in small amounts
What does this mean? We have to start with 5-minute calls max, then
slowly increase absolute timeout? How small is small?
How about this one:
VOIPJET DOES NOT SUGGEST, AND VEHEMENTLY DENIES, ANY CLAIM THAT ITS
VOIP SERVICES HAVE A LEVEL OF QUALITY OR RELIABILITY ANYWHERE NEAR THAT
OF THE REGULAR PHONE SYSTEM
BWAHAHAHAHAHAHA this is like saying our system sucks and we know 
it. How can they seriously expect anyone that reads this ToS to want to 
sign up with them? It would have been simpler to simply state the usual 
we cannot guarantee 100% reliability or availability of our service, 
which depends on third parties over which we have no control or 
something along these lines.

Nice laugh, best regards,
Mike
___
Asterisk-Users mailing list
Asterisk-Users@lists.digium.com
http://lists.digium.com/mailman/listinfo/asterisk-users
To UNSUBSCRIBE or update options visit:
  http://lists.digium.com/mailman/listinfo/asterisk-users


Re: [Asterisk-Users] VoipJet Terms of Service

2005-03-12 Thread Andrew Kohlsmith
On March 11, 2005 10:49 am, John Goerzen wrote:
  * Then there's the NDA: People are specifically prohibited from
telling anyone that they use VoipJet, including end users.  Also,
we can't tell people what we pay for it, even though the prices are
right there on their website.

  * Then there is this one: The Customer agrees not to undertake any
action . . . that would harm VoipJet . . . in any way, including
financially.  So, if I got crappy service from VoipJet and blogged
about it, and thus cost them business, even if the NDA didn't get to
me, this would, even if my account was completely accurate.  How
 sickening.

You can put any silly thing you want in an agreement.  A judge would puncture 
any NDA clause just as they'd puncture an illegal clause in a EULA or any 
other contract.

Oracle has these stupid types of clauses in their contracts for evaluations 
too.  The only reason people honor them is because if they don't they'll 
never have another opportunity to evaluate the software and the bad karma 
would follow them around for years.  (Think of online mags and the like.)

-A.
___
Asterisk-Users mailing list
Asterisk-Users@lists.digium.com
http://lists.digium.com/mailman/listinfo/asterisk-users
To UNSUBSCRIBE or update options visit:
   http://lists.digium.com/mailman/listinfo/asterisk-users


[Asterisk-Users] VoipJet Terms of Service

2005-03-11 Thread John Goerzen
I've heard good things about VoipJet here, so I was going to set up an
account.  Then I noticed their Terms of Service here:
https://www.voipjet.com/tos.php

Several things there are very concerning to me, and I'm interested in
what other people here think of them.

 * The ToS specifically forbids use for any call relating to medical,
   financial, or government matters -- as well as any important call.
   So I'm violating my contract if I call to make a doctor appointment
   or check no an X-ray.

 * Then there's the NDA: People are specifically prohibited from
   telling anyone that they use VoipJet, including end users.  Also,
   we can't tell people what we pay for it, even though the prices are
   right there on their website.

   This one really bothers me.  I feel it is an undue restriction on my
   free speech.  Why should I waive the right to share my experiences
   with companies with others just because I have bought their services?

   There have been many people on this list and in #asterisk that have
   publically violated this NDA.  I wonder why people choose to do that?
   And why VoipJet seems to encourage it?

 * Then there is this one: The Customer agrees not to undertake any
   action . . . that would harm VoipJet . . . in any way, including
   financially.  So, if I got crappy service from VoipJet and blogged
   about it, and thus cost them business, even if the NDA didn't get to
   me, this would, even if my account was completely accurate.  How sickening.

 * I'm also wondering about this is not a service for end users.  How
   does one assert that one is not an end user?  Is the ability to setup
   and configure asterisk to use VoipJet proof in itself, or is there
   some other proof necessary?

Thoughts?

Because of all this, I think I'll go with http://www.livevoip.com/,
which has a much more common sense ToS.

-- John
___
Asterisk-Users mailing list
Asterisk-Users@lists.digium.com
http://lists.digium.com/mailman/listinfo/asterisk-users
To UNSUBSCRIBE or update options visit:
   http://lists.digium.com/mailman/listinfo/asterisk-users


[Asterisk-Users] VoipJet Terms of Service

2005-03-11 Thread John Goerzen
I've heard good things about VoipJet here, so I was going to set up an
account.  Then I noticed their Terms of Service here:
https://www.voipjet.com/tos.php

Several things there are very concerning to me, and I'm interested in
what other people here think of them.

 * The ToS specifically forbids use for any call relating to medical,
   financial, or government matters -- as well as any important call.
   So I'm violating my contract if I call to make a doctor appointment
   or check no an X-ray.

 * Then there's the NDA: People are specifically prohibited from
   telling anyone that they use VoipJet, including end users.  Also,
   we can't tell people what we pay for it, even though the prices are
   right there on their website.

   This one really bothers me.  I feel it is an undue restriction on my
   free speech.  Why should I waive the right to share my experiences
   with companies with others just because I have bought their services?

   There have been many people on this list and in #asterisk that have
   publically violated this NDA.  I wonder why people choose to do that?
   And why VoipJet seems to encourage it?

 * Then there is this one: The Customer agrees not to undertake any
   action . . . that would harm VoipJet . . . in any way, including
   financially.  So, if I got crappy service from VoipJet and blogged
   about it, and thus cost them business, even if the NDA didn't get to
   me, this would, even if my account was completely accurate.  How sickening.

 * I'm also wondering about this is not a service for end users.  How
   does one assert that one is not an end user?  Is the ability to setup
   and configure asterisk to use VoipJet proof in itself, or is there
   some other proof necessary?

Thoughts?

Because of all this, I think I'll go with http://www.livevoip.com/,
which has a much more common sense ToS.

-- John

___
Asterisk-Users mailing list
Asterisk-Users@lists.digium.com
http://lists.digium.com/mailman/listinfo/asterisk-users
To UNSUBSCRIBE or update options visit:
   http://lists.digium.com/mailman/listinfo/asterisk-users


Re: [Asterisk-Users] VoipJet Terms of Service

2005-03-11 Thread Jean-Michel Hiver
John Goerzen wrote:
I've heard good things about VoipJet here, so I was going to set up an
account.  Then I noticed their Terms of Service here:
https://www.voipjet.com/tos.php
Several things there are very concerning to me, and I'm interested in
what other people here think of them.
* The ToS specifically forbids use for any call relating to medical,
  financial, or government matters -- as well as any important call.
  So I'm violating my contract if I call to make a doctor appointment
  or check no an X-ray.
 

I think they are putting this in to avoid being sued because that duper 
important call your were placing was cut for reason X Y Z. However it's 
completely stupid since they're targetting 'emerging carriers'. If 
you're gonna be a carrier, there's a chance you'll want to route _all 
calls_.

But then again come to them with a few million monthly minutes under 
your belt and I'm sure they'll change the TOS for you...


* Then there's the NDA: People are specifically prohibited from
  telling anyone that they use VoipJet, including end users.  Also,
  we can't tell people what we pay for it, even though the prices are
  right there on their website.
 

Well if they're doing you a discount because you're buying bulk, then 
they might not want everybody to know about it - because then others 
would be like hey, i want this rate too. That's quite understandable I 
guess.

However it would be better if they asked nicely instead of putting it 
into a TOS. For me it works better anyway.


  This one really bothers me.  I feel it is an undue restriction on my
  free speech.  Why should I waive the right to share my experiences
  with companies with others just because I have bought their services?
 

Damn. Here you go: THERE IS A 99.% CHANCE THAT I USE VOIPJET.
Perfectly in line with the TOS - :-)

* Then there is this one: The Customer agrees not to undertake any
  action . . . that would harm VoipJet . . . in any way, including
  financially.  So, if I got crappy service from VoipJet and blogged
  about it, and thus cost them business, even if the NDA didn't get to
  me, this would, even if my account was completely accurate.  How sickening.
 

Well if you make a campaign on a company without tangible proof backing 
your claims, it's called slander. As for the 'you agree not to sue us' 
clause, if you do sue them and the judge thinks you actually have a 
case, it ain't going to do much for them.


* I'm also wondering about this is not a service for end users.  How
  does one assert that one is not an end user?  Is the ability to setup
  and configure asterisk to use VoipJet proof in itself, or is there
  some other proof necessary?
 

I think that basically as long as you:
- don't slag them off in public too much
- don't sue them because of X Y or Z
- don't use your account for immoral / illegal purposes
= you'll be fine. All the rest is silly legalese to cover their butts.
I've been using VoIPJet for a while for really low volume and apart from 
the occasional outage, it's been fine.


Thoughts?
Because of all this, I think I'll go with http://www.livevoip.com/,
which has a much more common sense ToS.
 

I didn't know them - I'll take a look!
___
Asterisk-Users mailing list
Asterisk-Users@lists.digium.com
http://lists.digium.com/mailman/listinfo/asterisk-users
To UNSUBSCRIBE or update options visit:
  http://lists.digium.com/mailman/listinfo/asterisk-users


Re: [Asterisk-Users] VoipJet Terms of Service

2005-03-11 Thread Wolfgang S. Rupprecht

[EMAIL PROTECTED] (John Goerzen) writes:
 I've heard good things about VoipJet here, so I was going to set up an
 account.  Then I noticed their Terms of Service here:
 https://www.voipjet.com/tos.php

Ignore them.  There are plenty of players and you don't need to deal
with one that has NDA clauses or indemnification clauses in their
contracts.

(My favorite is the latter, where they ask you to pick up their cost
of fighting off lawsuits even though they may be their fault and/or
not even involve you.  Thats real chutzpah.)

-wolfgang
___
Asterisk-Users mailing list
Asterisk-Users@lists.digium.com
http://lists.digium.com/mailman/listinfo/asterisk-users
To UNSUBSCRIBE or update options visit:
   http://lists.digium.com/mailman/listinfo/asterisk-users


Re: [Asterisk-Users] VoipJet Terms of Service

2005-03-11 Thread Edward Beheler
  * The ToS specifically forbids use for any call relating to medical,
financial, or government matters -- as well as any important call.

It's kind of funny, but their TOS basically eliminated them from
consideration for my employer -- A county government.  Yeah, I could
probably see if they'd change it for me, but really, why bother?

Ed Beheler
Cass County, IN, USA
___
Asterisk-Users mailing list
Asterisk-Users@lists.digium.com
http://lists.digium.com/mailman/listinfo/asterisk-users
To UNSUBSCRIBE or update options visit:
   http://lists.digium.com/mailman/listinfo/asterisk-users