[SATLUG] MagicJack's EULA says it will spy on you and force you into arbitration

Cheryl Holmes cherylholmes72 at gmail.com
Sat Oct 11 14:14:50 CDT 2008

 http://gadgets.boingboing.net/2008/04/14/magicjacks-eula-says.htmlsorry, i
didn't realize my original attempt to post this was so long...i included the
comments which are very informative..you may want to go to the site and read
them too.cl

MagicJack's EULA says it will spy on you and force you into arbitration  Posted
by Rob Beschizza <http://dynamic.boingboing.net/profile/beschizza>, April
14, 2008 8:09 AM |
  [image: magicjackfooterimage.png]MagicJack<http://www.magicjack.com/1/index.asp>,
a cheapie $20-a-year internet phone service, comes with a shriveled and
shaking devil EULA.

"You also understand and agree that use of the magicJack device and Software
will include advertisements and that these advertisements are necessary for
the magicJack device to work ... Our computers may analyze the phone numbers
you call in order to improve the relevance of the ads"


Any claims, legal proceeding or litigation arising in connection with the
magicJack device or Software will be resolved by binding arbitration ... in
Palm Beach, Florida."

Oh God, not Palm Beach!

In short, it not only has one agree to ads with its paid-for system, but
claims that the ads are necessary for it to work. It will also snoop on your
calls to target ads more accurately, and has you sign away your legal right
to take it to court if it defrauds or otherwise harms you. Delightful.

Neither the EULA itself <http://www.magicjack.com/1/tos.asp>, nor any other
privacy or legal information, can be easily found at its homepage. It's not
even provided at the point of sale, where one enters credit card info, email
and street addresses as such, so as to gain access to the service and have
your MagicJack dongle delivered. I found the EULA's URL through Google.

It gets sexier. When you access MajicJack's instant web help page, a bizarre
series of "compatibility tests" take place first, reporting lies like "Your
MagicJack is functioning properly" even if you don't have one installed.

Even the "look how many people came for a free trial" counter on the
homepage is a fake, a javascript applet that increments itself

// the interval (ms) between new visitors
var interval = Math.round(86400000/perday);

As if targeted advertising, systematic privacy invasion and the signing away
of your legal rights wasn't evil enough!

[Thanks, Joseph!]
  posted in: Phones and Wireless <http://gadgets.boingboing.net/phones/>
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