[gTen]

Originally Posted by ClevelandWheeler

I can quote "Learn how to read" and there is even a link there for ya. And there WAS a cap but you wouldn't know about that because again you don't read. Have a good day.

Oh and by the way look at this part.
Data: Services are not available with all Sprint phones. Usage is calculated on a per kilobyte basis and is rounded up to the next whole kilobyte. Rounding occurs at the end of each session or each clock hour and, at which time we deduct accumulated usage from your plan, or assess overage or casual usage charges. You are responsible for all data activity from and to your device, regardless of who initiates the activity. Estimates of data usage will vary from actual use. Your invoice will not separately identify the number of kilobytes attributable to your use of specific sites, sessions or services used. Premium content (games, ringers, songs, etc.) priced separately. Services are not available for use in connection with server devices or host computer applications, other systems that drive continuous heavy traffic or data sessions, or as substitutes for private lines or frame relay connections. Except with Phone-as-Modem plans, you may not use a phone (including a Bluetooth phone) as a modem in connection with a computer, PDA, or similar device. We reserve the right to deny or terminate service without notice for any misuse or any use that adversely affects network performance. Availability of downloadable or streaming content is subject to change, including but not limited to television channels and radio stations. If user is not subscribed to a data included plan or add-on, pay-as-you go charges are incurred when using data applications and services.


And just in case you wanna run it under PAM
Data Usage Limitation (Mobile Broadband Cards, USB Modems, Embedded Modems and Phone-As-Modem): The amount of data transmitted over our network is measured in kilobytes (KB), megabytes (MB) or gigabytes (GB). Sprint reserves the right to limit throughput speeds or amount of data transferred; and to deny, terminate, modify, disconnect or suspend service if usage either exceeds (a.) 5GB/month in total, unless specified otherwise or (b.) 300MB/month while off-network roaming. 1024KB equal 1MB. 1024MB equal 1GB.



CW

I don't think the TOS that you showed is valid for this argument and here is why.

Originally Posted by ClevelandWheeler

We reserve the right to deny or terminate service without notice for any misuse or any use that adversely affects network performance.

Using up over 5gb will not affect the network performance in any way nether does it account for misuse.

Originally Posted by ClevelandWheeler

Data Usage Limitation (Mobile Broadband Cards, USB Modems, Embedded Modems and Phone-As-Modem): The amount of data transmitted over our network is measured in kilobytes (KB), megabytes (MB) or gigabytes (GB). Sprint reserves the right to limit throughput speeds or amount of data transferred; and to deny, terminate, modify, disconnect or suspend service if usage either exceeds (a.) 5GB/month in total, unless specified otherwise or (b.) 300MB/month while off-network roaming. 1024KB equal 1MB. 1024MB equal 1GB.

It does not fall under PAM either because PAM means you are using their Phone-As-Modem service which is extra cost.

you may not use a phone (including a Bluetooth phone) as a modem in connection with a computer, PDA, or similar device.

This on the other hand means you can't use your phone as a modem all together cap or not.


So from this if you were to download over 5gb on your cellphone directly, you would in no way violate the ToS.

Also to note you may theoretically avoid the "as modem" if you use wifi instead of usb or bluetooth...But then again it kinda contradicts itself saying it cant use a pda or similar device as a modem which would include itself >.> lol