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View original thread:  Unlimited needs to addressed by Congress


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darcast
Assuming that it is legal to advertise "unlimited" bandwidth
and/or space, then Congress needs to pass a law banning this false advertising. I hosted with Blue Domino because they are affiliated with CoffeeCup Software, a well known company. Even in their TOS, their only a mention of bandwidth is a vague reference to "internet average", whatever the hell that is. On their features page, there is NO mention of conditions or direction to their TOS. In their FAQ section, their is no definition of unlimited.
When I finally asked them for a number, they avoided the issue. Through persistence, they finally informed me that the ceiling for bandwidth is 1.5-2 Gb/mo. Umlimited?! And their respnses have been very cooland defensive, to say the least I have found out since that this is a standard practice for web hosts.
It should be outlawed, NOW!! This is false advertising and trickery of the worst sort I have seen.
If anyone knows a reliable host that offers a minimum of 3gb space and Minimum 40 gb transfer/mo,at a reasonable price, I would appreciate knowing about them. I don't mind paying a fair price for a service, but I want to know upfront what i'm paying for. Thanks
Blue Domino, I will do everything I can to steer people away from your company.

[Edited by darcast on 04-16-2001 at 03:50 AM]
Tommy
Those hosting companies advertising unlimited bandwidth are being unfair to customers unless they state what unlimted bandwidth is. Is it unlimited bandwidth as in infinite bandwidth that goes with the purchased account or is it unlimited bandwidth available for that site to use up but must be paid for?

Unless the hosting company shuts down you're site when the "unlimited" bandwidth has been exceeded then under UK law, I would say that "unlimited" bandwidth would not be misleading advertising since it is not technically an untrue statement. What it means is that there is x amount of bandwidth available for your site to use but you must pay for it.

I guess it's all down to interpretation from case to case but it is a gray area that people play on and try to make gains from it.

Tommy
Jaiem
Don't think you need a new law (Heaven knwos we have way too many already).

If you want to be technical about it, I suppose current truth-in-advertising laws could apply. Enforcing it is another matter.
darcast
Tommy: I agree with your right to disagree. But when a company lists a hosting package at a certain price, and the "features" call for unlimited bandwidth, then, to me they are saying that is part of the package advertised at the price advertised.

Jaiem: I agree we have too many laws and I am basically a "small government" thinker. But, you're right, I doubt that the truth in advertising law is enforcable, unless it would apply to the vague wording of the standard TOS
That's the reason that I feel a federal law that would apply across state boundaries would have to be enacted.
Thanks for the response, guys.
Tommy
Hey darcast,

I agree with the idea in principle. Using the word "Unlimited" causes so many problems in hosting. Ever thought about lobbying congress on this matter? I'm sure you could drum up a lot of support from here and other forums.

Tommy
Jaiem
The word "unlimited" can be used sometime where it just doesn't make sense.

For example, I know a host that lists as a feature unlimited MS Frontpage uploads. While it may be true they don't have a limit on the number of pages you can publish with FP or the number of times a month you can upload files, then again I've never heard of a host setting a limit on web page or FP publishing anyway! So it sounds good for ad copy but doesn't make sense when you think about it.
Tommy
There should be a ban on the use of "Unlimted"

Tommy
HyperHosting
I don't think this issue needs to be addressed at the Congress level. I'd much rather have them deal with other important issues then this. There are already laws to deal with deceptive advertising and if the host violates these laws then take them to civil court and you will win and it will force them to change the way they word their bandwidth/space/etc.

If the host doesn't specify or explain what unlimited means in an agreement / disclaimer in some way then they deserve the lawsuit.

If the consumer failed to read the disclaimer then it is their fault for believing it was unlimited. I'm sure if you contacted an attorney they would be able to find other past cases that has set precedence in some way.

If you had your lawyer contact the host in question stating a past case where they decided in the plaintiffs favor I'm guessing they would give in to your request. Then you wouldn't have to pay the legal fees.

Although rather then going through all that why not simply encourage consumers to do their own research about a host. It will cost less in the long run and is very important when you are shopping for a service such as web hosting.

I agree that the word unlimited can be shady when used incorrectly but there are courts that can deal with these issues. Congress does not have to spend their time dealing with such an issue.
Jaiem
Consumers also have to educate themselves.

If you went into a car dealer and the mileage sign said "unlimited" you would know something is wrong. Or at the very least you'd question them about it. Same with hosting or any other purchase.

Buyer beware....
Martie
This reminds me of a post in another forum..I will have to find the link and post it for you...interesting because someone had posted about bluedomino....bla bla bla, so much praise and then actually got defensive, and downright rude to me because I said there would be a "limit" to that unlimited transfer...I believe it was only a few weeks later this same poster was host-hunting once again but at least he did come back and post about it!
I DO think consumers are beginning to get more educated on hosting terms in general but having said that, you still find people who post the type of account they are looking for and some will still say "I need unlimited bandwidth transfer".....I always **sigh** when I see that.
Even though people are researching more and more, you still get that percent looking for unlimited space/transfer so it continues to be a BIG problem. Most people do not realize it until they are put in that position, and it happens to them...of course by then, theyve spent their money so who wins? Its not the consumer, but at least they've learned that no-one can offer that...and they find out its a low-down, sneaky marketing trick!
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