Missing the point?

May 3, 2008

Bell’s unacceptable acts

Filed under: Uncategorized — Tags: , , , , , , , — thenonconformer @ 7:56 am

May 3, 2008

I have a civil engineering degree, Concordia University , Montreal 1968, and I had worked as a Remax Realtor in Calgary too but in my decades of real life experiences in Canada the still too often unenforced existing laws, regulating societies, governments clearly did not stop many Realtors, lawyers or even now Bell Sympatico from telling lies to the customers, others. http://thenonconformer.tripod.com/index.html

 
Beware always of men and women, bullies, tormentors, control freaks,  persons, civil and public servants,  politicians, pastors, leaders, elders, who falsely do, will try to enslave you, oppressCorporations  you, exploit you even while they claim they are proclaiming the truth, democracy, trying to help you, etc.,
 
Is 51:23 ..your tormentors {and} oppressors, those who said to you, Bow down, that we may ride {or} tread over you; and you have made your back like the ground and like the street for them to pass over.

Imagine that Bell has been in Business for years and is still guilty now clearly of fraudulent and unacceptable business practices, not living up to their contractual obligations, as I now have witnessed and undeniably detailed to even Bell and many others many times too now .

Intro I have been disscussing, detailing on the net Bell’s indequate pretentious, poor services, internet and customer services and specific included now for many many months.. even in October 2007 http://thenonconformer.blogspot.com/2007/10/choosing-cable-or-dsl-internet-service.html also see my letter below Friday, October 19, 2007 To my MP Paul Martin MP- Using our rights to communicate with our elected representatives, news media. http://thenonconformer.blogspot.com/2007/10/to-my-mp-paul-martin-mp.html http://thenonconformer.blogspot.com/ … it is not the ISP’s job to become the Big Brother police of the internet and world wide web, and it such is a serious breach of freedom of speech, invasion of one’s personal privacy still too, they the ISPs are there to provide a good, decent, reliable high speed service thus the term Internet Service Provider, some thing that Bell Sympatico in Canada clearly and wrongfully has not be able to do for me often too.,, as you can read on this site often too. This Unauthorized bell watchdog needs to firstly look at itself and deal rightfully even firstly with it’s much too many customer contract violations, abuses and ASAP even in reality.

Next here is basic legal, valid understanding, terms of a valid contract, contract law for all of the Bell employees too. Not just for any customers.

Bell has definitely detailed, advertised it’s Internet services to all with their terms, limitations and any customers who enters into mutually agreed upon terms, agreement with their services now forms the essential mutually legally binding contract.

1: A contract is a legally binding exchange of promises or agreement between competent 2 parties, persons of legal age too, that the governmental court, the law of the state or province , or country next will enforce. Contract law is based on the Latin phrase pacta sunt servanda (pacts must be kept). Anyone can enter into a contract, except minors, certain felons and people of unsound mind. It’s important to know that not all contracts details even have to be in writing., for instance, certain agreements can also be made and accepted orallly and still be legally enforceable. While the contract agreement doesn’t always have to be in writing, all the other elements of a valid contract still have to be met, included, , fulfilled by law. The bottom line is that the parties generally come to transactions in good faith, mutually trust and understanding, and not a one way approach, one way demands, one way relationship.All valid courts, will not enforce, accept as valid any contract to perform an accepted illegal act. A contract to kill some is invalid clearly too. A person who pays for bad drugs that aren’t delivered can’t next seek the help of a court or the police in getting the money back. Unbelievable some people still do try to do this too.

A valid contract also always requires the mutual parties’ consent, which must be freely made, not forced consent, and clearly communicated to each other. Consent is not free when obtained through duress, menace, fraud, lies, undue influence or mistakes, serious errors were presented. Consent isn’t mutual unless the parties agree on the same thing in the same sense, a clear “meeting of the minds. One party now presenting only their own their terms, conditions, without the other parties approval, consent, free will clearly is still not a valid contract. In order for an acceptance of an offer to be effective, it must be made while the sales, specific, fixed service offer is still open. Any person can changes the conditions of an initial offer in responding to the offer, the old offer is clearly now rejected and the changed conditions constitute a counteroffer and that now becomes part of of any subsequent agreed upon contract. I did that with Bell now too. Once there is next a final, written contract between the parties, the parol evidence rule forbids the introduction in a court proceeding of any previous agreements between the parties on the subject matter of the contract.

Only certain contracts aren’t valid unless in writing. Generally, they do deal with real property, certain specific loans, debts, money exceeding a certain amount, or contracts concerning the sale of goods worth more than $500 or one that include objects that won’t be performed within one year or within the promisor’s lifetime. Bell now being unable to supply me a promised high speed internet but only a low speed one is still a good example of an invalid contract even if was a written one originally from Bell.

2: The Specific parties. The contract must always include, identify who the agreed upon specific parties are; usually names are sufficient, but sometimes addresses or titles may be used. Bell and the specific customer. Me in this case.

3: The agreed upon object. The Offer, the thing, the value, the services being agreed to is also known as the object or subject and it itself not only must be lawful, possible but it must be a definite, fixed, measurable amount specially now even by the laws of Quebec too. For instance Bell promising to deliver a customer a 6 meg download high speed internet service, where they know they only have a 3 meg line capacity is not legal or legally binding contract. Bell promising to supply their” best services “or “up to 6 megs services” is not legal as well for it is is not really an agreed upon fixed object, rather the object is not definite and most customers have take that to mean 6 megs anyway. . The object of the contract does have to be very specific and measurable. It is Bell obligations now to to clerk up any ambiguity on the contract as agree upon by the comer now too. So if Bell promising a 6 megs internet services, and Bell by law next has to deliver 16 megs to meet their promise that is also now part of the contract too. A specified length of time, such as one year does not mean the contract is still valid if Bell has not lived up to the agreed upon previously contract terms.

4: The outcome, or the considerations. All contracts require consideration, meaning each party must gain something fixed, tangible. It may also be something that is or isn’t done or given. When a party agrees to do something (such as I will paint your house) or to not do something (I will not sell my house to anyone else for 30 days) they next also must gain something in return toy make this a valid contract, they must receive agreed upon fixed payment, a fixed reward. Generally, if I say I’ll paint your house, and you haven’t promised me anything in return, you can’t sue me next for not showing up because I will not receive any consideration firstly”. Once a contract has been created, it can be determined if there are any issues that call into question of its validity too.

5: Termination of contracts. Breach of contract. Breach of contract is recognised by the law with applicable penalties now too. Contracts generally can only be terminated if mutually agree now by both parties as to what the terminations terms included. Parties to a contract may mutually agree to rescind the contract. In that case, the parties may agree on the duties and responsibilities of each party after the rescission. Bell still expecting me to pay for their internet when they do not keep their promises is a breach of the contract, an invalid demand of me. Now is the contract price set, are promised quantities specially determined, and is the time for performance clearly stated? There should be enough information contained in the contract always that, if needed, the courts likely next would be able to enforce the contract or determine the appropriate damages. Unless it is mutually agreed upon before any subsequent court demanded decision action, is taken. Fraud is the intentional misrepresentation of an important issue of the contract. The presence of fraud in a contractual proceeding makes the contract voidable by the party upon whom the fraud was perpetrated. The contract always still now binds both parties, and not just the customer to the terms, conditions of the contract agreed upon now as well. Once it is determined that there is a contract, it it still can, must be determined whether there are any defenses that call into question the validity of the contract.

Bell Changing horses, making changes, additions to the contract in midstream is invalid, a breach, still not allowed, especially without the subsequent, and pre consent, approval of both parties now still too and is a breach of contract rather. That includes Bell capping of my bitt torent downloads too on my unlimitted download account.

Yes a Bell contract also may end because of a breach by Bell. A breach occurs when a person, or a firm does not fulfill his or her, their responsibilities as promised in the contract. A breach may be minor or major. A major breach is one that does affect the subject matter of the contract and does affect the outcome of the contract. Bell not having sufficient equipment, capacity in place to meet my high speed internet, is a breach of contract. This is also known as a breach of a material issue. When there has been a breach in a contract, the question of damages is raised. The damages due to a party when there is a contract breach depend on many factors, including: which party breaches, and what damages were incurred. In most cases when an injury results from a contract breach, the injured party receives money damages. Such as I have in Dec 2007 from Bell. Bell itself has unacceptably cause now in the last 2 years many unacceptable breaches in our contract that I have clearly even in writing not accepted and have objected too and demand restitution of as well rightfully.

Go back to a good school firstly Bell if you cannot understand and keep all of this now too.

“Despite precedents that show that contracts substantially favoring the party with the greater power often are deemed unconscionable (so unfair as to not be enforceable), lawyers stiff draft them and companies still like them. Lesson learned: Make deals that are balanced; contracts that distribute risks and responsibilities fairly. Such deals will be honored by courts and your businesses wealth and reputation will benefit over the long term. ” http://troutmanhays.wordpress.com/2008/03/23/one-sided-contracts-are-a-bad-deal-for-all-parties-or-getting-greedy-will-get-ya/

” The most common method used to resolve business contract disputes and enforce contracts (if informal resolution methods fail) is through lawsuits and the court system. If the amount at issue is below a certain dollar figure (usually $3,000 to $7,500 depending on the state), the parties may be able to use “small claims” court to resolve the issue. Courts and formal lawsuits are not the only option for people and businesses involved in contract disputes. The parties can agree to have a mediator review a contract dispute. The parties are not bound by a mediator’s decision, but may be convinced to avoid a costly court battle by how the mediator rules The parties can also agree to binding arbitration of a contract dispute. In arbitration, a neutral party listens to the arguments from both sides and issues a decision that is binding on the parties. This is cheaper and less time-consuming than a court battle.

When attempting to enforce a contract, an individual or business should always consider the effect any dispute will have on any long-term business relationship between the parties involved. ”

What started as a simple phone call by me in January 2007 to Bell tech help line to determine why my internet services were so slow and sluggish next had become a major farce, cover-up on the part of Bell Sympatico. I was next lied to for months as to the real reasons Bell they rather had offered me their poor internet services to me and to many others in my city for years now too.. and then Bell had even lied to me some more, had also breached their contractual obligations to me many times too, had allowed me even to be slandered, abused on the Bell customer forums now too.. and why? so that clearly greedy Bell can continue stay in business to make more money..

Why does it take months to reply to me on my simple issues too. I keep on getting transferred also to invalid persons, telephone numbers at Bell even today.. Mrs Fernandez and ’s Useless Supervisor Mrs Fernandez of Bell’s useless Sasha Rollins needs to be replaced now too Immediately..

But really cares now about the customer’s good welfare in reality? now? What not Bell itself, not the CRTC, not the federal government, not our Prime Minister Stephen Harper, not the the federal Minister of Consumer Affairs, Jim Prentice.. not any provincial consumer affairs Minister, but only the citizens, the news media, and the NDP party care about the citizens good welfare really it seems. Not acceptable for sure too!

PS p2pnet traffic shaping digest The folks who run Bell Canada figured they could get away with “managing” clients’ bandwidth without their permission, and without them noticing. They were dead wrong on both counts. Here’s a set of p2pnet stories on the Bell Canada traffic throttling scandal. It’s a work in progress with regular updates.

Canadian opposition leader Stéphane Dion should support the National Union of Public and General Employees (NUPGE) campaign for government action to protect Net neutrality in Canada, says the union. “On behalf of the 340,000 members of the National Union, I am asking the Liberal Party of Canada to take a clear stand in support of seeing the principle of net neutrality enshrined in Canadian law,”

April 30, 2008

Courts Turn Against Abusive Contracts

I was surprised this week when a Bell employee from Bell’s accounting department told me on the phone that I should obey, do everything that the Bell president, and  his employee Sasha Rollins tells me to do. Dream on.  Bluntly I replied to the same employee “who the hell does he Sasha Rollins  now think his e really is that I should obey anything, or everything  he says, he firstly is not my master, I do not work for Bell, I am not his employee”.. Bell is getting carried away with their much too many, unenforceable,  exotic, extreme, man made rules now, but they breached my contract still much to often and that itself is really inacceptable still too.  Clearly Bell and their  executive power has falsely now gone to their heads when they even do think they can abuse any others, an ordinary citizen now too. I as a Sympatico customer that does have a contract with Bell, a mutual contract they Bell now also have to respect and that contract now does not make me their slave, subordinate, and them my master, but they are still my legal equals in the matters. They have to respect my contract side now too. Do remind them all of that too at Bell.
 
I KNOW FROM DECADES OF FIRSTHAND EXPERIENCES IN MY ENCOUNTERS WITH COPS, LAWYERS, PASTORS, SO CALLED PROFESSIONALS,  OTHERS TOO, that most often now in reality the very same people who do tend to preach to others that we all must not steal, tell lies, drive drunk, that we must respect other person’s rights, all the laws…  those very  same persons who so readily  tend to preach the rules to others, those very same persons  who  expect all of the others to falsely obey  the rules even now  all the while they most often tend to be the firstly the  very same persons to break most of  the rules themselves, they themselves they do not keep them, and they still also  falsely believe they personally are exempt from living the rules cause  they do preach them  to others.
 
What you had never encountered crooked cops, crooked pastors, crooked lawyers, crooked managers, bad executives, lying no good politicians too?  These same persons  who too  readily judge others, and who demand, want to enforce the rules upon the others, they  cannot see the truth as to who they are firstly, they themselves are now the lying hypocrites.
 
When most a person tries to enforce any rule upon me I immediate rightfully do next often do ask them who they think they are that they think I now have to respect the  man made rules firstly? What makes them think I have to be now their false slave too? And why do they think that they are any kind of boss over me in these matters?
 
For  just cause  someone, a lawyer now too even,  some one made up some set of rules it still does  not mean they are all valid, or legitimately  enforceable now too!  I still have even my right of free speech and I still can say what I want, write what I want too.. even about them now too. Not all man made rules, regulations even in writing are rightfully valid still in reality, and just ask any decent judge on the court of the Queen’s judge and he or she can tell you the same thing too.
 
CALGARY – An employee with the Calgary Police Service has been arrested in a drug trafficking operation and Calgary Policeman was arrested for drunk driving that caused an accident..

 

In the past month, however, two new US court rulings suggest that judges are developing a more sophisticated sense of how corporations conduct online and technology transactions with their customers that Bell Sympatico especially now needs to note. 

    “In Douglas v. U.S. District Court (Talk America) (.pdf), the 9th U.S. Circuit Court of Appeals ruled last month that a service provider may not change contract terms by posting those changes on its website without notification to the customer. In this case, the plaintiff sought to invalidate an arbitration provision like the one in Gatton and a provision stating that New York law would apply to the agreement, because the terms were added to the service agreement after the customer had signed up. The court held that the customer could not be bound to new terms, even by continuing to use the service, if he is not given notification that the terms have changed.” http://www.wired.com/politics/law/commentary/circuitcourt/2007/08/circuitcourt_0801

We all seem to know the used car salesman joke, right? “You can tell he’s lying: his lips are moving.” Those of us who have experienced  real life, especaily in a courtroom or at a deposition, divorce proceedings,  also do know that the same joke can, far too often, be attached to politicians,  lawyers, cops, accountants, many Business persons, corporations, real estate firms and the  ISP providers too.

The Consumerist had not one, but two articles about Verizon today. The best one contained an embedded video, in which a guy phoned up Verizon Wireless fifty-six times to ask two basic questions about their rates. Take a guess as to what percentage of the time he received the correct answer, then see how close you came to guessing right.  ”

“David Lazarus of the The Los Angeles Times blasts Verizon today for withholding contract terms from customers until AFTER they have signed up for service – and some of the contract terms are ones that I sure wouldn’t agree to: they have signed up for service – and some of the contract terms are ones that I sure wouldn’t agree to:

Verizon not upfront on contract terms – Los Angeles Times

Excerpt:

For years, credit card issuers have gotten away with withholding contracts from customers until they actually have the plastic in their hands — a practice that denies many people a fair chance to look under the hood for onerous terms and conditions.Now it looks like Verizon has adopted the same technique.

What really struck [Torrance, California resident Sandy Lough] was the discovery that to receive the promised discount for her bundled plan, she’d have to go online and agree to a 2,000-word “bundle service agreement” and a 7,000-word terms of service for Internet access.

This was the first time she was being presented with the full contract for her new FiOS setup, and the service had already been installed and activated.

The LA Times article goes on to mention some of the more notable terms of the contract.  The interesting thing is that it would appear that this is not simply an oversight – that perhaps Verizon deliberately withholds contract terms from customers until they’ve already committed to the service:

As for why the full contract is withheld until after FiOS has been installed in a person’s home, [Verizon spokesman Cliff Lee] said only that “this is the way we’ve found that works.”

What has happened to make large corporations think they can simply change the deal at their whim, after a customer has already signed on the dotted line, without giving the customer the same right?  ” http://michigantelephone.wordpress.com/2008/03/19/verizon-not-upfront-on-contract-terms-los-angeles-times/#comment-417

No large corporation, with almost infinite legal resources and billions of dollars behind them, should be able to use their wealth to put real people at a disadvantage, because it would be presumed that only the corporations   had any legal rights.   Bell included now.

Bell had mislead me and many customers when they had offered their high speed unlimited download interent because their existing equipment, lines did not have the capability to do so too often firstly.
  
What started as a simple phone call by me in January 2007 to Bell tech help line to determine why my internet services were so slow and sluggish next had  become a major farce, cover-up on the part of Bell Sympatico. I was next lied to for months as to the real reasons Bell they rather had offered me their poor internet services to me and  to many others in my city for years now too.. and then Bell had even  lied to me some more, had also breached their contractual obligations to me many times too, had allowed me even to be slandered, abused on the Bell customer forums now too.. and why? so  that clearly greedy Bell can continue stay in business to make more money.. Bell  can’t have it both ways
 
and so who really cares now about the customer’s good welfare in reality? now? What not Bell itself, not the CRTC, not the federal government, not our Prime Minister Stephen Harper, not  the the federal Minister of Consumer Affairs, Jim Prentice..  not  any provincial consumer affairs Minister, but only the citizens, the news media, and the NDP party care about the citizens  good welfare really it seems. Not acceptable for sure too!
 
I also do think it’s reprehensible that Bell, etc., had now advertised unlimited download service and then next complain when you actually take them up on their offer. If a user wants to take full advantage of the service they pay for, they should be entitled to it by law now too.  Still  if they’re unwilling to provide the bandwidth I pay for, during the full duration that I pay for it, then they shouldn’t have been be telling me they can. This is why cable tv & broadband need to be regulated  like  electricity and phone.
 
First of all… it is not the ISP’s job to become the Big Brother police of the internet and world wide web, and it   such is a serious breach of freedom of speech, invasion of one’s personal privacy still too,  they the ISPs are there to provide a good, decent, reliable high speed service thus the term Internet Service Provider, some thing that Bell Sympatico in Canada clearly and wrongfully  has not be able to do for me often too.,, as you can read on this site often too. This Unauthorized bell watchdog needs to firstly look at itself and deal rightfully even firstly with it’s much too many customer contract violations, abuses and ASAP even in reality.
 
Practically all ISPs and there employees do read your e-mails and look at the sites you visit, without a wiretap order.
 
“The network is asserting almost complete control of the users’ ability to use their network as a gateway to the Internet,” said Marvin Ammori, general counsel of Free Press, a Washington-based consumer advocacy group. “They become gatekeepers rather than gateways.”
 
The ISP wrongfully sees itself as the sole judge of disputes in their contract obligations too.
  
This sort of contract, where the subscriber is considered to agree by signing up for service rather than by active negotiation, is given extra scrutiny by the courts. Any wiggle room or ambiguity is usually resolved in favor of the consumer rather than the company.
 
ISPs CAN BLOCK YOU FROM VISITING ANY WEB SITES
 
ISPs CAN WRONGFULLY HAMPER YOU FOR USING YOUR PAID FOR UNLIMITED CONNECTION TOO MUCH TOO LIKE BELL SYMPATICO FINALLY ADMITS IT HAS BEEN SECRETLY DOING BEFORE TOO.
 
The falsehood, misdirection that the Bells AT&T , Verizon, Sympatico aren’t as concerned about bandwidth hogs, because phone lines aren’t shared among households… is not true as well
 
 
So what is the government doing about protecting our privacy and stopping the invasion of our personal privacy in reality? Nothing again?
 
I too would rightfully like to see the provisions that made DPI (deep packet inspection) by ISPs to be made illegal not just by the CRTC but also by the federal government now too, including by Bell , the Big Brother’s false invasion of our home, personal privacy. Since we can readily know that the reasons given for the internet downloading inspections, capping are unjustifiable, what are the actual reasons now for these online now inspections too?
 

 

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