Verizon updates Terms of Service for data connections

We've groused about Verizon's definition of "unlimited" cellular data service for years, most recently culminating in New York's slap on the Verizon wrist for defining unlimited as 5 GB.  They were found liable for terminating customers who exceeded 5 GB of bandwidth on their "unlimited" account and as a result said they would be restating their terms of service (TOS) to indicate more accurately what you may and may not do under the data plans.  Reader Ron P just sent us a notice that Verizon has posted their new TOS and sure enough they have cleared up what limits they may be placing on customer's usage and what they will do as a result.  This includes a very interesting clause about throttling users who exceed the 5 GB limit, which is still alive and well with Verizon:

If usage exceeds 5 GB per line during any billing period, we reserve the right to reduce throughput speeds of any application that would otherwise exceed such speed to a maximum of approximately 200 Kbps.  These speeds are subject to change, in our reasonable discretion, in order to address network issues.

This is the first we've heard of Verizon considering speed throttles and as usual the devil is in the details.  While 200 Kbps is pretty slow the statement that these speeds are subject to change means they are leaving open the option to basically shut your speed down for over-using their network.  So they won't terminate you but can just shut you down.  You should note under the acceptable usage listed in the TOS that "automatic data feeds" are not permitted meaning no automatic RSS feed checking.  Ouch.

Full Terms of Service

Comments

[Kevin C. Tofel]

"automatic data feeds" are not permitted. Hmm... did they build this off of a 1993 TOS draft? One could argue that e-mail retrieval at regular intervals is an "automatic data feed". I'm sure that they allow for that action, but their wording leaves a bit to be desired IMO. The challenge for them (all carriers really) is that they can't account for every possible service in a TOS as things are evolving daily. Still: 200 kbps after 5 GB is much better than termination.

[James Kendrick]

That's 200 kbps MAXIMUM with the right to change that speed as desired. I suspect they will shut those "abusers" down to no speed.

[Mike Cane]

No RSS? Are they doing business in THIS century?

[TateJ]

Wow! Are any of the other carriers doing this? I won't be switching to Verizon any time soon.

[ldrn]

Every time I read about Verizon's terms of service, I get happier and happier that I have Sprint. Unlimited data, free to download & use VOIP... I think the only limit is they don't want you running a webserver on your phone. Draconian, I know. ;) You guys have fun with your "Unlimited" 5 gigs.

The plan I have doesn't even charge roaming, which means I get more use out of Verizon's network than Verizon's subscribers do. Kind of sad, isn't it?

[Kurt Walker]

Do we think they are actually going to get mad and monitor us for using an RSS feeder? Just seems odd as I would think people using streaming apps would be a bigger threat to bandwidth utilization. Isnt using slingbox a bigger deal than mostly text rss feeds?

[Will]

This may sound restrictive, but its actually a step in the right direction. Previously the same restrictions regarding types of usage applied plus they would terminate your account if you went over the 5gb/month quota, often without any prior warning. While 200kb/s may be slower, it's still service and should be quite usable for permitted uses of their network.

[Rob]

I'd be surprised if automatic data feeds pertains to checking rss, checking email, etc. from the phone or device. I bet it has more to do with serving up data from the device to outside consumers.

[JimAtLaw]

Verizon's record of deliberately crippling phone technology, changing service terms for the worse out from under existing customers, etc. is well known enough by now that few knowledgeable 3G users choose or recommend them (at least for anyone who has another option in the service area). This is utterly unsurprising.

[Al]

I think that you will see a bunch of people start to move over to AT&T now that verizon has basically limited their servoce to nothing more than browsing and email. What a shame it is. and btw...this post was done on a 8525 on an edge connection. love unlimited MediaMax option.

[Michael Geary]

You misread the part about "automatic data feeds". Look at it in context:

"Examples of prohibited uses include the following: (i) server devices or host computer applications, including, but not limited to, continuous Web camera posts or broadcasts, automatic data feeds..."

Clearly, they are talking about "automatic data feeds" *from* your phone, not ordinary periodic checking of an RSS feed.

[Tony L.]

To hell with the 5 GB and nothing except email and browsing.

I have one of these things, I have to admit that the speed is relatively standard, but I'm really dissatisfied with the rampant connection cuts and freezeups, not to mention the client bugs.

But I use about 3 GB per week... which totals up to around 12 for you non-math types. Obviously, 12 > 5. Verizon hasn't done anything yet, and they probably never will.

Nevertheless, I'm returning it and canceling my contract this weekend.