Sunday, March 05, 2006

Comcast TOS

From Comcast's new terms of service for online accounts:

You acknowledge that communications or transactions conducted online are not absolutely secure. You further acknowledge that there may be system failures that may limit your ability to use the My Account. You agree to assume all risk and liability arising from your use of Comcast's My Account, including the risk of breach in the security of the communications or transactions you conduct with Comcast online. (Empahasis added.)



Whoa! They designed the system. They certified the system. They keep your data. You're responsible if they screwed up.

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Comments:
Well, it's not so much that you're responsible as that they aren't, I think. But it does sort of amount to telling a customer that if something goes wrong, it's their own fault for having done business with you in the first place. That can't be the mindset a major company wants to encourage.
 
This isn't really unique to Comcast. It's amazing how many times people will pass by something that says "You have no rights, click the agree box to continue," and go ahead and do it without any thought.

The thing that really gets to me with this one is that the service they were providing and making me agree to these terms was for paying them.
 
The appropriate question to ask is whether this term is enforceable. I would guess that such a term in this type of contract would probably be unenforceable.
 
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