Article View: wpg.general
Article #5747Re: Internet Provider cancels account- is it legal? Can you be next?
From: Darren S
Date: Thu, 21 Nov 2002 04:17
Date: Thu, 21 Nov 2002 04:17
223 lines
12713 bytes
12713 bytes
It's also interesting that JustLor points out that see filters posters and does not read certain posts Says it his/her responsibility to do so What's wrong with everyone else? Are they expecting someone to filter posting for them? I wish I could pass on that responsibility to someone else too "Sharx." <sharx35@nospam.ca> wrote in message news:YSYC9.24451$0A5.1319826@news0.telusplanet.net... > > "JustLor" <just_me*nospam*123@hotmail.com> wrote in message > news:4FXC9.52575$ka.1494100@news1.calgary.shaw.ca... > > Thank you Walter for your insight. > > > > Shaw has finally addressed the economic concerns of their customers and > > shareholders. Once example that Internet access is not a right, but a > > privilege. > > > > One can only imagine how many complaints, man hours, investigations, loss > of > > accounts, organizations and other groups not or removing any affiliation > > with Shaw because of this persons actions and conducts. > > > > Immoral comments about breast cancer, cancer patients, people who have > aids, > > the way women are verbally treated, and users stalked, provoked, and above > > all threats to have their accounts cancelled because of some head trip. > > > > I have never complained to Shaw about this user, and if I did not want to > > read the posts from this person, it is my responsibility to filter this > > person out. That is my choice. > > > > I for one believe that my provider Shaw has made a correct and accurate > > economically moral decision. > > > > Just me 2 cents > > Give me a f***ing break! Exactly HOW did Shaw suffer one bloody red penny > loss because of his actions? I'm not aware of anyone cancelling their > accounts with Shaw over anything DB said or did. EVERY organization has to > have a Help Desk--the expense of having Customer Relations staff is of no > relevance to the actions of any individuals--it's a standard business > expense. > > > > > > JustLor > > > > "Walter Roberson" <roberson@ibd.nrc.ca> wrote in message > > news:arfi0q$2a5$1@canopus.cc.umanitoba.ca... > > > In article <66ae96c0.0211191010.5f8e4db@posting.google.com>, > > > =?ISO-8859-1?Q?=F4-#=AC_tayl=F2rchuk_=B3=AE|I?= <db2639@netzero.com> > > wrote: > > > :Yes we should all be very worried about the actions that Shaw has > > > :taken. > > > > > > :They chose to cancel my account despite the facts that: > > > > > > :1. I did not violate their AUP > > > :2. I am a paid up customer > > > > > > :They sent a cancelation email and failed to identify ANY violations of > > > :their AUP but simply said.. > > > > > > :"it is no longer economically feasible for us to continue to provide > > > :you with Internet services:. > > > > > > "Freedom of Expression" in Canada has never EVER meant that a > > > communications provider is required to provide a medium of expression > > > to everyone. The closest you get to that in Canadian law is that > > > vendors that offer service to the public must not avoid all of the > > > prohibited grounds of descrimination; they could not, for example, > > > refuse you an account -just- because you are male [unless they had > > > some very good reasons for doing so!] > > > > > > When there are established economic grounds *specific* to you, or any > > > other grounds that fall outside the Charter, then a company is free to > > > tell you that your patrongage is not desired. If you were to go into a > > > restaurant and someone come over and pushed you around; and this were > > > to happen on several different occasions, then even if in every case > > > you'd just been "minding your own business", the establishment would > > > have every right to say, "We're sorry, but trouble seems to follow you > > > and it's upsetting our customers and is bad for our business, so we > > > don't you to come back." > > > > > > The police understand this voluntary refusal of service well: it's the > > > tactic the Winnipeg police have *requested* Winnipeg bars and > > > restaurants use with regards to known gang members (e.g., Hells > > > Angels). The police passed around a list of names and pictures and > > > asked owners not to serve those people: even if those particular people > > > had never been in before, and weren't planning to give a hint of > > > trouble, the police want the owners to employ their right to refuse > > > service to -individuals-. > > > > > > I am absolutely NOT suggesting that you have even the slightest linkage > > > to the Angels or similar: I'm showing that even the local peace and > > > justice people think it is perfectly fine for vendors to refuse service > > > to people even when those people have not violated any "contract > > > terms". > > > > > > Vendors are not obligated to continue providing you service until you > > > break some obvious house rule: unless you have a contract with them > > > that says otherwise, they have wide lattitude about asking people to > > > take their business elsewhere. "I'm sorry, you remind our waitress > > > strongly of her brother who was killed by a mugger right in front of > > > her, and she gets badly shaken up every time you are in. She's a > > > valuable employee to us, and we don't want to lose her, so we ask that > > > you not come back." You don't have to have done anything "wrong": when > > > the vendor says "please just leave", then that's something the vendor > has > > a > > > right to do, and you have no recourse other than to recommend to > > > others that they avoid the vendor. > > > > > > > > > > > > > > > To address a possible objection to my "never EVER", above: > > > yes, it is true to some extent that "The Press" has a level > > > of obligation to present balancing views. This is more at the level > > > of a Code of Ethics than any kind of law with respect to newspapers, > > > because you are always free to start your own competing newspaper > > > and to try to convince people to listen to you. > > > > > > Radio is different under law because radio is a restricted medium with > > > a license offering exclusive access to a limited public resource and > > > unlicensed broadcasts being illegal outside of narrow bands. But again > > > it isn't a matter of Charter Rights or the Human Rights Act: instead > > > it's just that the government via the CRTC has made *regulations* (not > > > laws!) that it feels are in the best interest of the public. > > > > > > Under the Code of Ethics of the Newspaper Council of Canada > > > [a voluntary organization that many smaller newspapers do not belong > to!], > > > if you feel that someone is publishing inaccurate informations > > > or harmful viewpoints, the obligation of the publisher is really only > > > to provide you with just enough space in the Letters To The Editor > > > section to get across the bare bones of your contrary view. You could, > > > I suppose, interpret that as a requirement to carry your viewpoint > > > for "free", but notice that it is NOT a "right"; and notice > > > that they are allowed to edit the material provided the meaning is not > > > substantially changed; and notice that it is at best a one-time deal: > > > you get to say your piece *once* and after that you can be ignored > > > with respect to those arguments. So at most you get a little bit > > > of space to rebut what someone else has said, and that's the end of > > > the matter. > > > > > > Usenet newsgroups are by no means a "limited public resource", so if > > > someone posts something you disagree with, then the most that the > > > vendor is obliged to do is to not block off the last *possible* > > > mechanism for you to post a short rebutal. If there are lots of other > > > vendors that can provide you with access to the same newsgroup, then > > > the vendor has no further obligation other than under any termination > > > clauses *specifically* set forth in their contract with you. When there > > > are multiple public vendors of the same "publication" resource then it > > > is well established that your Charter rights are in no way violated if > > > a particular vendor refuses service. Lawsuits against a vendor > > > on Rights grounds, with regards to lost communications opportunities, > > > just won't stick unless perhaps there is a monopoly situation. > > > > > > > > > What we are left with, legally, is a plain contract dispute. And that > > > contract is (was) between *you* and the vendor, so except to the extent > > > that might be -specifically- stated in the contract, anything that the > > > vendor might or might not do with regards to other customers (who might > > > have the same or different contracts) has no relevance to your > > > dispute. If the vendor choses to employ a contract term to terminate > > > the contract, and did not choose to employ the same contract term to > > > terminate the contracts of other customers, then you have no actionable > > > case with regards to the vendor treating you differently than it treats > > > others. [No actionable case, that is, unless you want to claim > > > discrimination on grounds prohibitted under the Charter, in which case > > > showing that they treated others differently would become fair > > > evidence.] > > > > > > Basically, your contract with the vendor said "We can terminate your > > > contract for nearly any reason we feel like, and the decision is > > > *completely* up to us." And that's a perfectly valid contract term [in > > > the absence of an effective monopoly.] Under contract case law, the > > > time to object to such a clause was *before* starting the contract: you > > > could have asked the vendor to have those clauses modified or stricken > > > from the contract, and you were free to seek service with a competing > > > vendor if the first vendor would not agree to the modified terms. I > > > know for sure that some of the competition was willing to negotiate > > > with respect to similar contract terms, as I made a point of > > > investigating these kind of contract terms and was successful in having > > > several vendors modify their terms. > > > > > > That's how contract law works: you have to pay attention to what you > > > are asked to sign, and if you don't like it, then you negotiate for > > > different terms. And if you read a contract and don't understand it, > > > then you are supposed to *ask* about it or consult to your legal > > > council BEFORE signing. "Let the buyer beware". > > > > > > You signed a contract that gave full discretion to the other party, and > > > you got surprised when they then used that discretion. Likely you > > > should now treat what happened as a "Learning Experience" and move on. > > > -- > > > I wrote a hack in microcode, > > > with a goto on each line, > > > it runs as fast as Superman, > > > but not quite every time! -- Dave Touretzky and Don > > Libes > > > > > >
Technical Details
Message-ID:
<v7ZC9.851033$v53.31778842@news3.calgary.shaw.ca>Path:
arc1-ca.pugleaf.net!archiver1.google.com!news1.google.com!newsfeed.stanford.edu!nntp.cs.ubc.ca!nntp-relay.ihug.net!ihug.co.nz!west.cox.net!cox.net!pd2nf1so.cg.shawcable.net!residential.shaw.ca!news3.calgary.shaw.ca.POSTED!not-for-mailReferences:
<66ae96c0.0211191010.5f8e4db@posting.google.com> <arfi0q$2a5$1@canopus.cc.umanitoba.ca> <4FXC9.52575$ka.1494100@news1.calgary.shaw.ca> <YSYC9.24451$0A5.1319826@news0.telusplanet.net>Show Full Headers
Complete Article Headers
X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: f504b,cde0d959ae54f524 X-Google-Attributes: gidf504b,public X-Google-Thread: 10643c,cde0d959ae54f524 X-Google-Attributes: gid10643c,public X-Google-Thread: fb1ea,cde0d959ae54f524 X-Google-Attributes: gidfb1ea,public X-Google-Thread: 108c64,cde0d959ae54f524 X-Google-Attributes: gid108c64,public X-Google-Thread: 10d2a3,cde0d959ae54f524 X-Google-Attributes: gid10d2a3,public X-Google-ArrivalTime: 2002-11-20 20:17:32 PST Path: arc1-ca.pugleaf.net!archiver1.google.com!news1.google.com!newsfeed.stanford.edu!nntp.cs.ubc.ca!nntp-relay.ihug.net!ihug.co.nz!west.cox.net!cox.net!pd2nf1so.cg.shawcable.net!residential.shaw.ca!news3.calgary.shaw.ca.POSTED!not-for-mail X-Trace-PostClient-IP: 24.82.251.30 From: "Darren S" <whattheshove@hotmail.com> Newsgroups: wpg.general,can.general,tor.general,can.legal,edm.general References: <66ae96c0.0211191010.5f8e4db@posting.google.com> <arfi0q$2a5$1@canopus.cc.umanitoba.ca> <4FXC9.52575$ka.1494100@news1.calgary.shaw.ca> <YSYC9.24451$0A5.1319826@news0.telusplanet.net> Subject: Re: Internet Provider cancels account- is it legal? Can you be next? Lines: 225 X-Priority: 3 X-MSMail-Priority: Normal X-Newsreader: Microsoft Outlook Express 6.00.2600.0000 X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2600.0000 Message-ID: <v7ZC9.851033$v53.31778842@news3.calgary.shaw.ca> Date: Thu, 21 Nov 2002 04:17:31 GMT NNTP-Posting-Host: 24.66.94.143 X-Complaints-To: abuse@shaw.ca X-Trace: news3.calgary.shaw.ca 1037852251 24.66.94.143 (Wed, 20 Nov 2002 21:17:31 MST) NNTP-Posting-Date: Wed, 20 Nov 2002 21:17:31 MST Organization: Shaw Residential Internet