FC: Vonage forbids dirty talk with your wife, from IP list

[Declan McCullagh <declan@well.com>]

>Date: Thu, 21 Aug 2003 11:16:50 -0700
>From: Brad Templeton <brad@templetons.com>
>Subject: Vonage forbids dirty talk with your wife
>To: Dave Farber <dave@farber.net>
>Cc: jeff@pulver.com
>Organization: http://www.templetons.com/brad
>
>
>I've been a reasonably satisified Vonage Voice-over-IP customer, though
>I think the focus too much on being just like a regular telco for
>my tastes.
>
>However, in looking at changing my service, I actually went and read
>their most recent terms of service.  Here's what I found...
>
>
>     1.3.1 Prohibited Uses:
>     You agree to use the Service and Device only for lawful purposes.
>     This means that you agree not to use them for transmitting or
>     receiving any illegal, harmful, threatening, abusive, harassing,
>     defamatory, obscene, sexually explicit, profane, racially or
>                         ^^^^^^^^^^^^^^^^^
>     ethnically disparaging remarks or otherwise objectionable material of
>     any kind, including but not limited to any material that encourages
>     conduct that would constitute a criminal offense, give rise to
>     a civil liability, or otherwise violate any applicable local,
>     state, national or international law. Vonage reserves the right
>     to terminate your service immediately and without advance notice
>     if Vonage, in its sole discretion, believes that you have violated
>     the above restrictions, leaving you responsible for the full month's
>     charges to the end of the current term, including without limitation
>     unbilled charges, plus a disconnect fee, all of which immediately
>     become due and payable.  You are liable for any and all use of the
>     Service and/or Device by any person making use of the Service or
>     Device provided to you.  If Vonage, in its sole discretion believes
>     that you have violated the above restrictions, Vonage may forward the
>     objectionable material, as well as your communications with Vonage
>     and your personally identifiable information to the appropriate
>     authorities for investigation and prosecution.
>
>We've gotten used to such lawyerish language in a lot of online
>contracts for things like web hosting and message boards that
>are exposed to the public.   But now it's suggested that to get
>a phone, you should agree not to talk dirty on it, or tell ethnic
>jokes, or let anybody who you let use the phone do so?  Give rise
>to a civil liability?  We all do that every day.
>
>Now, I realize that Vonage has not been granted common carrier
>status, and may not even have applied.  It's an Enhanced Services
>Provider.   But I would hope there is something we could do about
>this sort of "legal creep" where EULAs forbid everything the lawyer's
>can think of.
>
>I'm not even sure why they want the ability to cut off your phone if
>you talk dirty on it.  I can see them wanting to avoid any liability
>on themselves for your illegal actions.   A simple, "You agree not
>to use or allow the phone to be used to violate applicable law" should
>have done the trick.

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