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Thread: Tracfone t&c update

  1. #1
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    Tracfone t&c update

    Tracfone has finally `started` to update their T&C for the first time since 2011.
    This can now be found under: 19. Tracfone Data Services
    NOTE THE LAST LINE

    Data Plans for TracFone Android Phones

    TracFone Android Phone users may purchase TracFone Android Data Cards which will provide a specified amount of data access without minute deductions. Data Cards provide a set amount of data access identified on the face of the card, denominated in megabytes or gigabytes. Data Cards do not double or triple, even if redeemed on a phone activated as a double or triple minutes phone. Data Cards can be added to your phone at any time, as long as the service is active. Data Cards do not provide minutes or service days, which must be purchased separately through airtime cards. Data Cards are available online and at retail locations. Data usage in excess of the amount purchased may result in minute deductions.

    I have not gone through it all, there may be more on the Android:
    http://www.tracfone.com/includes/con...conditions.jsp

  2. #2
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    Was the last line of this statement there before:

    12. UNAUTHORIZED USAGE; TAMPERING

    The TRACFONE handset is sold exclusively for use by you, the end consumer, with the TRACFONE prepaid wireless Service available solely in the United States, Puerto Rico and the U.S. Virgin Islands. Any other use of your TRACFONE handset, including without limitation, any resale, unlocking and/or reflashing of the handset is unauthorized and constitutes a violation of your agreement with TracFone Wireless. You agree not to unlock, reflash, tamper with or alter your TRACFONE or its software, enter unauthorized PIN numbers, engage in any other unauthorized or illegal use of your TRACFONE or the Service, or assist others in such acts, or to sell and/or export TRACFONE handsets outside of the United States. These acts violate TRACFONE’s rights and state and federal laws. Improper, illegal or unauthorized use of your TRACFONE is a violation of this agreement and may result in immediate discontinuation of Service and legal action. TRACFONE will prosecute violators to the full extent of the law. You agree that any violation of this agreement through your improper, illegal or unauthorized use or sale of your TRACFONE shall entitle TracFone Wireless to recover liquidated damages from you in an amount not less than $5,000 per TRACFONE handset purchased, sold, acquired or used in violation of this agreement.

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    The current revision is dated 7/31/13, but the change must have only been posted within the last day (or two).

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    Quote Originally Posted by Tracfancier View Post
    Was the last line of this statement there before:

    12. UNAUTHORIZED USAGE; TAMPERING

    The TRACFONE handset is sold exclusively for use by you, the end consumer, with the TRACFONE prepaid wireless Service available solely in the United States, Puerto Rico and the U.S. Virgin Islands. Any other use of your TRACFONE handset, including without limitation, any resale, unlocking and/or reflashing of the handset is unauthorized and constitutes a violation of your agreement with TracFone Wireless. You agree not to unlock, reflash, tamper with or alter your TRACFONE or its software, enter unauthorized PIN numbers, engage in any other unauthorized or illegal use of your TRACFONE or the Service, or assist others in such acts, or to sell and/or export TRACFONE handsets outside of the United States. These acts violate TRACFONE’s rights and state and federal laws. Improper, illegal or unauthorized use of your TRACFONE is a violation of this agreement and may result in immediate discontinuation of Service and legal action. TRACFONE will prosecute violators to the full extent of the law. You agree that any violation of this agreement through your improper, illegal or unauthorized use or sale of your TRACFONE shall entitle TracFone Wireless to recover liquidated damages from you in an amount not less than $5,000 per TRACFONE handset purchased, sold, acquired or used in violation of this agreement.
    LOL, I doubt this will stop anyone from opening these up to "development".

  5. #5
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    If the phone is never activated, why would the TOS be enforceable? The TOS should only be enforceable when you walk out of the store with an activated phone.

    Modding existing electronics is how the founders of HP and Apple eventually launched products.

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    I doubt it will be easy for TF to collect $5,000 from anyone, unless theft is involved .....

  7. #7
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    Quote Originally Posted by Tracfancier View Post
    Was the last line of this statement there before:
    I pulled out the printed copy that came with one of my S390G's last year.

    Section 12 is identical. No changes at all.

    Depending on when the phones were produced, there was a DMCA exemption (expired in Jan) that allowed a lot of what that claims to prohibit. Specificly it allowed 3rd part unlocking to use with other carriers.

    As for flashing the ROM on an android, about all they can really do is cancel service and void the warranty.

    That clause is there to 1) scare, and 2 deal with alterations that led to theft of service (like deactivating the airtime bank, or changing the balance)

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