Unhappy with speeds

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  • Updated 5 months ago
  • (Edited)
I was told that I would get good download speeds of 30mbps, and SOMETIMES, I get around 10-15 (but usually around 5). I was told that it would "slow down" after 150gb, but apparently, it's basically cut off, and my internet speed is around 0.02mbps. I can't even retrieve my mail. I am a lawyer, and I work primarily from home. This is not acceptable! I came to you, because you told me about "unlimited" internet, not "kinda fast internet for 150gb, and then basically we shut your service off." This is completely absurd, and I better receive some answers when you guys get back from the holidays, because right now, I'd be researching consumer fraud litigation (if I could actually get onto the WestLaw page). I am beyond enraged at the horrible bait-and-switch that you guys are pulling, and it's not even remotely acceptable business practices.
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Rook

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  • enraged

Posted 5 months ago

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Judge and Jury

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Wow, a real lawyer !   Hey, um.... they kind'a left us hillbillies in charge here for a couple a days and didn't leave us with the binder of papers showing what to tell someone like you that shows up pissed.

I'll have to 'wing it' as we say and here goes.....

If you're a lawyer, I wouldn't have you litigate a parking ticket for me.  "completely absurd?"  How about a so-called lawyer that didn't read the conditions of a contract and anticipate the flexibility she was agreeing to concerning the delivery of product (Internet speeds) which is clearly stated as being "up to" and the words "not guaranteed" shows up there someplace too.  Hey, you also agreed to arbitration on your gripes so good luck even getting on the court calendar.  All is not lost though...  You are in a "Trial Period" right now and it only last 2 years.  After that time is up you can cancel without penalty.  You can bail right now but the bail is set at $15 per month of your unfulfilled contact term.  Be sure to read and understand  the parts about returning their equipment because there are stiff penalties if you mess that up.
 
I ought to charge you for this easy lesson in Contract Law, but since this is the holiday season, this one's on me. 

OOps... I just thought of something. I'd better  give this lesson for free since I am not an accredited school of law and you could sue me for leaving some 'point of law' out of my compensated advice if I had charged you.  I'm not a lawyer, I'm a design engineer at Agilent Technologies in San Jose and an almost part-time cattle rancher at home, but I still read and understand  a contract before I sign it.  Maybe I'm in the wrong business and missed my true calling a long time ago, and you did too.
 
There is another post you can read for even more information.  Just click HERE

 
(Edited)
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Rook

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I had a feeling I’d get a response from the chief bootlicker of swarmy self-righteousness. Clearly, you understand contracts and consumer law with as little understanding as you understand the basics of common decency. They promised unlimited internet, and I’ve been effectively shut off from the internet. That is a violation of the contract, and deceptive trade practices, at the very least. I’ve had problems with this service from day one, and if you think that a company can get out of providing a service based upon the garbage that you wrote, you’re delusional.

Also, what kind of sick, masochistic pleasure do you get out of trying to ruin everyone’s day by being a douchebag to every posterr on this forum?
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Jim16, Champion

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Another brain cell dead lawyer.  You sure aren't helping yourself by admitting you don't read or understand the contract you signed.   Stay away from this "lawyer" or you will be sorry. Everything you are complaining about is clearly spelled out in the contract you signed.  You don't have a legal leg to stand on.  Thinking you do makes me sure you are not a lawyer or you are a terrible one who should not be allowed to help people.  Getting around 10-15mbs and usually 5mbs is absolutely great speeds.  Using up your 150gb data allowance and being de-prioritized is exactly what is suppose to happen and you would know that if you had read your contract.  Believing what a sales person told you also reinforces my concern that you should not be helping people if you are a real lawyer.
(Edited)
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Rook

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What do you think is "clearly spelled out"? Are you incapable of understanding basic English, or is this just an Exede employee trying to dissuade people from complaining?

They offer a service: "Unlimited Internet". They are not providing this service. I pay for the maximum, 30mbps service, but have never received speeds above the lower tiers. An arbitration clause is not a "Na-Na! You can't sue us!" clause. It simply means that, in many cases, it has to go to an arbitration proceeding. You can't get out of providing a product by saying, "Not Guaranteed." You still have to deliver SOMETHING. You guys think that the law allows a business to say, "Pay me $150 and I will give you something...or maybe I won't...LOL," but that's not how it works. If the contract were held to actually mean that...it would be thrown out as "unconscionable" and against public policy.

Please stop talking about concepts that you don't understand.

And don't threaten me again, "Jim16".
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Rook

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I see that the purpose of this forum is:

1. Customers complain or ask questions.
2. A couple of Exede's white knights then belittle and insult anyone who complains or asks questions, threatens them, and tells them that, "you better pay" or something, in order to dissuade any further complaints or legal actions.
3. Repeat.
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Jim16, Champion

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You still refuse to read your contract.  This country is producing some very bad lawyers. You think you are THE shining knight who will ride in and save all of us poor stupid customers after all these years of abuse. My advice is to stop making a fool of yourself. But, my guess is that you will not.
  
(We are going to have some fun entertainment with this one.) 
(Edited)
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Rook

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I. DID. READ. THE. CONTRACT.
YOU. DON'T. UNDERSTAND. CONTRACT. LAW.
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Rook

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I'm unfollowing this forum now, since it seems to only exist in order for people like Jim and Craig to abuse and belittle paying customers.
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Matthew Wade

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Good. Stupid
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Jim16, Champion

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No, we just get tired of really dumb "lawyers" who think they are saving us stupid customers.  You getting 10-15 mbs, 5mbs and complaining will get you no sympathy from this forum.  Those speeds are very acceptable and in most cases better than a lot of people on a SATELLITE internet service. Sorry you can't stay and play a little longer with us. I would suggest you go back and brush up on your lawyerin' stuff.
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Gwalk900, Champion

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@Rook


"I. DID. READ. THE. CONTRACT.
YOU. DON'T. UNDERSTAND. CONTRACT. LAW"


Reading is fundamental, comprehension is something else.

Your contract calls for Binding Arbitration as your only recourse unless you opted out in writing within the first 30 days.

Satellite Internet is not a regulated public utility.

Speeds are not guarantied and are clearly described as "up to"

Another useful fact is that fully 50% of all Lawyers graduate in the bottom half of their class.


You have posted no factual evidence to support your claim of slow speeds. For all we know you may have multiple devices concurrently connected thereby diluting the available bandwidth.

   

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Rook

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Oh my goodness. This is hilarious. I decided to check in, and you guys are being so gleefully ignorant, that I figured one final smackdown was necessary, specifically in regards to "reading comprehension."

1. I didn't say that I was getting 10-15 mbps, but usually 5, NOW. I said that was the standard, up until my 150gb ran out (last night). I pay for the 30mbps, but have not come close to that...ever. Now that the 150gb has run out, I'm averaging 0.02-0.05mbps. That's garbage, under anyone's perception. I deliberately bought the most expensive one that they had, in order to get the best service, and I'm getting worse than the 1-2mbps DSL that I had been getting from AT&T. Until I logged into this forum last night (almost midnight), I assumed there was something wrong with my network, so I unplugged everything, shut down everything but my laptop, and kept checking bandwidth. Nada. So little that even the Speedtest website wouldn't work about two-thirds of the time. I mean...COME ON...on what planet is that even "acceptable"?

2. I haven't even hit the 30 days yet, Sport, so again...I'm not even sure the arbitration clause 100% applies. 

3. Like I said, you guys don't understand contract law...at all... You can put things in a contract, and get people to sign them...and STILL they will have no binding effect, depending on the laws and the conduct by the parties. My favorite example of how you can "say" something, but it's legally meaningless, is those signs on the back of dump trucks that say, "Stay back 200,000 feet! We are not responsible for damage to windshields!" (Yes, I'm exaggerating, but really, even 100 feet is unreasonable.) It's a meaningless sign. It has no legal effect. If the dump truck driver negligently has dangerous things falling out of the back of them, or no mudflaps protecting people from rocks, or whatever, then they're still liable for the damages to your car.(*) Or how about those "waivers" places like gyms or other physical-oriented services make you sign, where you promise not to sue someone if you get hurt? Yeah...those are almost always unenforceable as well. The purpose of them...is to frighten you, so that you THINK you can't sue them. Just because it SAYS something...doesn't make it so.

4. I didn't come here to "save" anyone. I came in here to complain, and hopefully get someone from Exede to fix my problems. Instead, I found rude, ignorant, a-holes, who think they know more about MY JOB than I do. You guys realize I have a doctorate, right? Do you go to your plumber for brain surgery? Would you expect that a toddler has the same automobile repair expertise as an expert mechanic? (Read "The Death of Expertise", by Tom Nichols, (a Conservative writer, I might add) for more on this idea that your ignorance is better than an educated professional on any matter...)

5. Also, arbitration clauses can SAY they are 100% binding in all instances...but that's another issue altogether. Even the Supreme Court has weighed in on this issue recently. But even if it turns out to be a 100%, ironclad, no-holds-barred, arbitration issue? So what? I'm not talking about a class-action suit, Sport. What....exactly...do you think "arbitration" is? It's not like where the contract-writer gets to decide they're "right", and you're "wrong". It's more like a formal mediation. It's certainly a pain in the butt for a non-lawyer...but it's not like some magic wand that ensures you can't sue them or something.

6. Along the lines of false advertising/deceptive trade practices, you also might want to look up uniform commercial codes, and things regarding implied warranties and what not. (They aren't what you think.) There are certain aspects of any contract for the sales of goods or services that cannot be contracted away. For example, if I say, "We have plans with speeds of 10mbps, 15mbps, and 30 mbps," and I buy the 30mbps, but only get the service of the 15mbps, you can't defend with the idea that I said, "Well, I said no guarantees," because otherwise, you're charging the extra price for the 30, but still giving the 15. A contract for internet service is not like buying a lottery ticket, where you can just say, "Well, it might be utterly NOTHING, so you're taking a chance!" They still have to give something reasonable for the value. If the advertisement says "unlimited", but the effect of the contract is to provide only (in actuality) 150gb....and then you're effectively barred from even retrieving emails....then it's a deceptive trade practice, because you're advertising something that you have no capability or intention of carrying out. I specifically avoided satellite systems for years, because none of them offered unlimited. They sent me a flyer in the mail that said, "We're doing unlimited now!", so I signed up. I am not receiving the "benefit of the bargain", as we say, because Exede is failing to "perform". Now, you can make whatever arguments you want to make about them saying, "Well, it's not guaranteed!" or whatever, but that has absolutely NO BEARING on this issue, because that's not the argument. That's like a brain surgeon saying, "Well, damn. I did a poor job on your surgery, but I said no guarantees, so you can't sue me!" In other words, the performing party must still act REASONABLY, and it is for the court (or arbitrator) to determine whether the customer could reasonably rely upon the claim that there would be unlimited internet, and whether the performing party has failed to perform.

I'm sure you guys will all make jokes now about mean old Rook and her doctorate, and call me names and say I'm stupid or whatever now, because none of you will likely even understand what I just wrote. Face it: YOU DON'T KNOW WHAT YOU'RE TALKING ABOUT WHEN IT COMES TO LEGAL MATTERS.

(* YMMV. I only know about the laws of my own state on this matter.)
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Gwalk900, Champion

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Face it, satellite internet serves a niche market. It does not, can not compete with ground based systems. no amount of belly aching, complaining or threats is going turn it into the functional equivalent of terrestrial systems in terms of cost or performance.

Next you will be demanding that the laws governing the speed of light be repealed.

  


Edit:

By thee way, you are not paying for 30 Mbps, you are paying for "up to" 30 Mbps.


(Edited)
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Stephen Rice

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I have two college degrees. My wife has one, and she is currently in school to be a dentist. For those of you that don't know, a dentist and someome with a doctorate in liberal arts are two different types of doctors. One is a real doctor and the other is not.

I like to brag about being a hick from Louisiana with a slow accent but that is far from the truth.

Being that I've stepped foot on every continent at least once and have been to 35 countries, I feel I have a self proclaimed doctorate in international studies. Far from being a real doctor, but my experiences from travel are greater than most college degrees. I've seen and experienced capitalism, socialism, communism and the real islam with my own eyes. I've even spent time in North Korea and Iran.

I've also ridden a bicycle half way across the USA and have been to each of the 50 states.

Anyway, end of my rant. Please go back to thinking I am a stupid redneck. Honestly, I prefer it that way.

Has anyone bothered to tell the original poster that her slowdown is due to holiday congestion? Speeds are going to be slower than normal for the next two weeks.

Last night I had to pause recording on my Playon server because speeds were at 256k. Normally I record from midnight to 4 pm but the network just isn't going to be fast enough to do that until everyone is off vacation.
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Mark here

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I must say you guys are a bunch of pompous ass holes. I don't doubt that you know what you're talking about when it comes to Exede and their satellite system but step back for a moment and look at it from a customer's point of view. If the people selling the product would be more honest and forthright I believe it would go a long way towards better customer service. Exede has Far and Away over sold most of their nodes and when you run out of data they should tell you that your internet will be pretty much useless because that's the facts. I have been watching these forums for a while now and have tried many of the suggestions that the "Champions) have put out there. I disconnect from the service when I'm not using my computer's and I do not log in with my telephone and my data still goes away in days. Your rude treatment of the customers only fuels the fire, you become a disservice when your attack legitimate complaints like Rook has put forward, yes her complaints are very legitimate and I hear it from not only her but many people that come here for help. So try hopping off that high horse of yours and show some compassion. Merry Christmas
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Judge and Jury

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And the audience sits there looking around, and at one another, wondering if we should applaud or start throwing things at the speaker.

I dunno.  No kind and gentle person has ever come here and got a ration of reality from one of us.  We tend to address them that show up on a high horse, on our own high horse.  We sort of meet them at their own level and dispense answers from the back of the book. 

We are die-hard fans of Viasat. We play the game and as I said someplace else tonite, it's called "You Can't Win" and all are invited to play.  To join in just come here and start off talking dirt about Viasat and you're in and can play as much as you like as long as you know  You Can't Win
  
 
(Edited)
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Ron D Stricklin

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Here's how it goes here Rook. New customer gets lied to by customer service and orders exede. They discover all the comments by customer service were BS. They come to here to complain. They are met by other customers that in varying ways try to get them to accept the crap service. Somewhere along the lines an exede rep comes in and offer to help and act as everything being said is a shock about the service. They will offer you an email address that they will respond to you within 24 hrs.
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Mark here

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Exactly! Champion=Corporate Shill
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Gwalk900, Champion

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"Exactly! Champion=Corporate Shill"


Oh Boy! I'm really in for it.

 


I'm a Champion of both Viasat and HughesNet.

Champion=experienced user.

 

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Matthew Wade

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With various problems with satellite. Isn’t it a better option than 1.5 Mb dsl. That’s the fastest speed they offer in the area, no cable service just dsl or satellite.
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gm92066

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NO!
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Stephen Rice

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I am a product of the Louisiana public school system and even I understood the terms of the contract I agreed to.


I hate to say this, but it sounds like the original poster is one of those nut job college educated liberals.


Fwiw, there are nut jobs on both the far right and the far left. This one seems to have taken a few too many left turns.
(Edited)
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Judge and Jury

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Steve- You're in Louisiana?  You have it made.  The real shrimp are showing up in the stores again but you can just go get'm.  I like where you said you even understood the terms of the contract you signed.  People read and sign.  They say "I read it" but did they understand it?  Kook above obviously didn't.
 


 
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Stephen Rice

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Sort of unrelated but my favorite was the idiots who would borrow money with loans that had a "universal default" clause.

I used to take out a lot of 0% interest loans back when it was easy to borrow money. Each one of them had a "universal default" that allowed the interest rate to skyrocket if I missed a paymemt with another bank.

Well, let's just say a lot of other people didn't find out about "universal default" being in their contracts until they defaulted on a seperate loan.

I'm not talking about poor rednecks, but very educated people who claimed they were cheated when interest rates suddenly went up on their 0% loans.

End of rant. My Louisiana writing skills suck but I think I got my point across.

https://en.m.wikipedia.org/wiki/Unive...
(Edited)
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mferner

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If u have a wireless router unplug it than unplug ur modem wait 2 mins plug the modem back in than wait a min or so and plug the router in! If ur modem is built in the router just unplug the modem for 2 mins! than go here http://speedtest.via-satellite.net/ and take a speed test and if the speeds are still slow! Call or e-mail exede! My download speed is currently 19.31 mbps and upload is 4.67 mbps as of 6:33pm EST

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