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Originally Posted by nerys
When this has been challenged in other venues and found to be UNREASONABLE it has been defeated. Just because the contract SAYS IT does not make it so if its unreasonable. My contention is its unreasonable.
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That's fine, but it does not change the contract you signed. If you wish to contest it in a court of law, do so. This wording is from 2005. It was in your Ts&Cs when you first agreed to SERO.
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again has to comply with the same reasonableness issue. alas irrelevant unless people challenge it.
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And again, you're side-stepping the issue. Sprint has publicly declared that some of their phones come with additional terms. This flies in the face of "tell me where in my contract they say I can't use a specific phone." They're telling you, right there, that some of their phones WILL require additional terms. You have, at your discretion, the right to accept those terms or not use those phones. It's very clear-cut.
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Uhh that means nothing like what you think it means. What it means is SOME accounts may have an ACTUAL connection between the phone and your contract. In the past sprint would sometimes offer a very good deal on a special phone. They did not want people USING the deal to get that phone AND THEN ESN changing selling the phone and simply paying the $200 ETF. (the deal might for example be good enough that you could profit selling the phone even after paying the ETF) or for example sign up at a new account get a nice deal on a phone ESN change ETF close the account and then use that phone on your other account.
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The language is quite clear. If your contract requires that you keep an active connection with a phone (and all SERO contract did; they were standard 2-year contracts), then the term begins when the phone is activated. This, as you noted, establishes a clear link between the phone you activate and the service you possess. Your ability to activate a different phone is not a right granted in your contract; it is firmly at Sprint's discretion. You can read the whole contract: not once do they say you have the right to activate a new phone on your existing contract. What they say is that, if you deactivate a phone WITHOUT activating a new device, you will be assessed an ETF. But beyond that, your ability to activate new phones is basically up to them.
So I've addressed your "show me where" concerns. Now you're sticking to the "unreasonable" terms. I think this is a little disingenuous. There are only two definitions of "unreasonable" to which we can refer: your personal one, or the legal one. The former is irrelevant because I hold a different definition, and the latter is irrelevant because neither of us are in position to accurately determine it. So ultimately, that line of thinking isn't going to get us anywhere: you will cling to your definition, I will cling to mine, and we'll go around in circles. Better to part ways amiably, with (hopefully) you satisfied that I have shown you, in your contract, where it said you couldn't activate any phone you wanted.