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TOS, "Proper Use" and Call Time Limits
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flybeech
magicJack Apprentice


Joined: 26 May 2009
Posts: 21

PostPosted: Sat Jun 06, 2009 7:39 am    Post subject: TOS, "Proper Use" and Call Time Limits Reply with quote

I have not used my MJ much yet, but am planning to launch two lines as soon as my thin clients arrive. I was curious about the "proper use" as defined in the TOS and time limits imposed on calls. I approached MJ support chat and had the pleasure of chatting with "Ruby".

According to the TOS, "proper use" is 20 times more than the average user. I wanted to know what the use of the "average user" was. According to Ruby, the average user is 30 to 50 calls per day, times 20, or 600 to 1000 calls per day, before I exceed "proper use". This seems pretty optimistic and very generous.

Further, Ruby states that incoming calls will not be disconnected and outgoing calls will be disconnected after an hour.

What are the experiences of others in this forum? Do your experiences with "proper use and time limits for outgoing and incoming calls agree with what "Ruby" said?

Below is the transcript of that chat on June 1st, 2009.

Chat InformationPlease wait for a site operator to respond.

Chat InformationYou are now chatting with 'Ruby'

Ruby: Hello, how may I help you?

ME: Hi Ruby, How are you?

Ruby: Hello.

Ruby: I'm doing good.

Ruby: Thanks for asking.

Ruby: How about you?

Ruby: How's your day?

ME: I have two MJ's and am enjoying the service. I want to be sure I remain within the TOS and just want to ask you about that.

ME: Great day, thanx.

ME: Under paragraph 6, Proper Use, what is 20 times more than average MJ user?

Ruby: Sure.

ME: What could get me suspended under the TOS?

ME: I want to use this as my regular telephone and if the average user does not use it much, I could be suspended.

Ruby: Thank you for bringing up your concern to us.

Ruby: Let me assist you with that.

ME: I was curious what that is in actual time. What is a good guideline?

Ruby: One moment please...

ME: ok

Ruby: Thank you for patiently holding, Jon.

ME: No problem Smile

Ruby: That means that if you regularly use a phone for example an average of 30 calls to 50 calls a day, you can't do calls 20 times of that.

ME: WOW! 20 X 30 to 50 calls a day? I would never do that. haha!

Ruby: Smile

ME: That means a normal user is very unlikely to be terminated, right?

Ruby: Yes, if he/she abusively use the device.

ME: If I am placing maybe 20 calls in a busy day, I have nothing to worry about.

Ruby: Yes, you have nothing to worry about having those calls in a day, Jon.

ME: I call my sister in Houston and we can talk for a long time, will we be disconnected after a certain time?

ME: I have read there is a limit on any one call of 30 minutes to an hour. Is that true?

Ruby: Yes, but you can redial if you want to continue the conversation.

ME: When will the call be disconnected? Is it 30 minutes or an hour?

Ruby: Jon, the calls used to be disconnected after 20 to 30 minutes but due to magicjack upgrades, you can have your conversation for straight an hour or more.

ME: ok.

ME: Does it matter whether it is an incoming or an outgoing call?

Ruby: Just redial if still want to continue the conversation after an hour.

Ruby: Yes, that depends on the phone provider of your caller.

ME: Will the call be disconnected on both incoming and outgoing calls, or is it just for calls I place?

Ruby: It's only for the calls that you place.

ME: Great! Smile

Ruby: Is there anything else I may help you with today?

ME: For the long calls, I should have them call me

ME: No thank you

Ruby: You're most welcome.

Ruby: Your survey to me is highly appreciated.

ME: I appreciate your help

Ruby: Thank you for stopping by to chat, I hope I did a good job at addressing your concerns. Please take a second to answer a one question survey about the service I provided. Please click the "close" button on the top right of this screen and the survey will appear. Thanks again!

ME: Grade A, Ruby. Thank you

Ruby: Have a great day, Jon.

Ruby: Please click the "close" button on the top
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PostPosted: Sat Jun 06, 2009 7:39 am    Post subject: Magicjack support, tips, tricks, and hacks


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flybeech
magicJack Apprentice


Joined: 26 May 2009
Posts: 21

PostPosted: Sat Jun 06, 2009 8:41 am    Post subject: Reply with quote

I just had a chat with magicJack, trying to clarify what is "average usage", according to paragraph 6 of the TOS. I am more unclear than ever, because magicJack does not disclose what the "average use" is. "Reed" quickly elevated me to a higher level of support. "Cassy" informed me the company does not disclose what average usage is. What is "average usage"? What have others experienced?

The transcript of that chat appears below:

Chat InformationPlease wait for a site operator to respond.

Chat InformationYou are now chatting with 'Reed'

Reed: Hello, how may I help you?

Reed: Hi, how are you?

ME: Hi Reed. How are you?

ME: I'm fine.

Reed: I am fine too.

Reed: May I know your specific concern Jon.

ME: I have a question about the TOS.

Reed: Yes please.

ME: Referring to paragraph 6 of the TOS, what is "the average magicJack's customers usage"?

ME: Is it a number of calls and/or time on the phone?

Reed: Thank you for bringing up your concern to us.

ME: I don't want to get in trouble.

Reed: The time is unlimited, for as long as you have a high speed Internet speed.

Reed: Some calls are cut-off when the internet speed is slow.

ME: Can you refer to paragraph 6 of the Terms of Service?

ME: If magicJack sees excessive use, including but not limited to, a customer whose usage is twenty (20) times more than the average magicJack's customers usage, or systematic or intentional misuse, it reserves the right, in our sole discretion, to terminate your use of the magicJack device and/or Software immediately, and you will not be entitled to get a refund of any licensing fee or any other fee you may have paid to us.

ME: What specifically is "average usage"?

Reed: One moment please...

ME: Take your time.

Reed: Thank you for your patience. I will transfer you to a higher level of support. Please hold while I transfer you.

ME: ok

ME: Thanx, Reed

Chat InformationPlease wait while I transfer the chat to the best suited site operator.

Chat InformationYou are now chatting with 'Cassy'

Cassy: Hi, there. I'll be assisting you today.

Cassy: Please hold for a moment while I'll review your previous chats. Thanks!

ME: ok

Cassy: Hi, Jon

ME: I want to be absolutely sure I do not violate the TOS for my MJ

ME: What is "average usage"?

ME: I am a Realtor and once I commit to my two magicJack numbers, I want to be SURE I remain within the TOS paragraph 6 for proper use.

Cassy: We cannot give you exact figure on what considered excessive use since that is actually handled by different department

Cassy: However, just make sure you won't reach at least 200 calls per day or more than that.

ME: It is very unlikely that I will place that many calls in a day.

Cassy: Yes, those are just estimated number of considered excessive

ME: In a previous chat, I was told that "average usage" was 30 to 50 calls per day. 20 times that would be 600 to 1000 calls per day and that seemed to be very generous, to say the least.

ME: I just want to be absolutely sure that I remain within the TOS for this great service.

Cassy: Yes,

Cassy: Is there anything else I may help you with today?

ME: I'm still unclear about average usage.

ME: Staying under 200 calls per day is OK?

ME: Or could the average calls per day be exceeded by time on the phone?

ME: As long as I have a good idea how "average usage" is determined, I can remain in good standing.

Cassy: Yes, we cannot disclose you any specific figure in regards with the number of calls, or the time you are on call but as long as will not abuse the free calling, you will not violate the TOS

ME: What is an example that would get me terminated? Can you say that? How often are users terminated?

ME: I assume that many MJ users use their MJ very little, if at all, skewing the average. I intend to replace my two phone lines with my MJ and place my numbers on real estate signs, the local phone book and on business cards.

ME: I am not a telemarketer, but I use the phone fairly heavily. Losing my MJ numbers could be a disaster.

ME: That is why I am so concerned about not exceeding the TOS.

ME: Is there a rule of thumb I could use?

ME: Expressed in number of calls placed and received and/or time?

Cassy: Not at all but it usually depends on the minutes per call basis..

ME: I am sorry to be difficult, but this is the only thing I am unclear about on your great service.

Cassy: As I've said we cannot disclose any specific answer since this is handled by different department it is just and approximate figures on what considered excessive

ME: Could the different department shed any more light on this for me?

ME: Or could I rely on the 200 call per day limitation?

ME: I figure I max out at about 30 calls a day and maybe 8 hours on a heavy day. Will I be OK?

Cassy: yes, that would be okay. We offer free calls but not unlimited

ME: I understand.

Cassy: Is there anything else I may help you with today?

ME: No thanx. I appreciate your help.

Cassy: YOu are most welcome

Cassy: Thank you for stopping by to chat, I hope I did a good job at addressing your concerns. Please take a second to answer a one question survey about the service I provided. Please click the "close" button on the top right of this screen and the survey will appear. Thanks again!
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cell14
Dan Should Pay Me


Joined: 22 May 2009
Posts: 673
Location: South FL

PostPosted: Sat Jun 06, 2009 6:59 pm    Post subject: Reply with quote

Nobody knows the answer. I think that unless you do telemarketing, automated solicitation calls( i could kill those who do that) or anything else what make you sit on the phone making calls 8 hours a day you w3ill be fine. Just a feeling.
With the cap on the length it is a different story. Sometimes you have to spend hours on the phone ( especially with certain government agencies) or customer "service" of big corporate and the last thing you need is that somebody cuts you off just before you succeeded. They should have clearer policy on that and certainly make an exception for toll free numbers where they make money anyway.
Yes, i had to order new business cards too, after getting MJ. However, you should never rely on MJ as you primary phone number. My primary phone number is my cellphone, with the same number for more than 15 years. That is where everybody can reach me no matter what happens with MJ. MJ is for me strictly the office desk number.
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kcowan
MagicJack Contributor


Joined: 26 May 2008
Posts: 51

PostPosted: Wed Jun 17, 2009 8:01 am    Post subject: Reply with quote

Where does it say in the TOS that there are any limits on the length of outgoing calls? I am talking about below average daily use here.
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magicjacktech
magicJack Apprentice


Joined: 20 Jun 2009
Posts: 12

PostPosted: Sat Jun 27, 2009 11:56 am    Post subject: Reply with quote

"Further, Ruby states that incoming calls will not be disconnected and outgoing calls will be disconnected after an hour. "


The above was true for a period . Our engineers had upgraded magicjack . After that upgrade we heard such kind of issue from our customers. But this has been resolved almost 3 month ago. Now there is no such issue about the call lenght and whenever a user usage their magicjack at a very high rate ( greater than 20 to 30 time as compare to average usage then your outgoing calls will be banned and then you will need to pay some money (that depends on your usage. and then again you will be able to make outgoings calls.[/img][/quote]
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az2008
MagicJack Sensei


Joined: 20 Aug 2008
Posts: 1404
Location: Tempe, AZ

PostPosted: Sat Jun 27, 2009 2:21 pm    Post subject: Reply with quote

magicjacktech wrote:
But this has been resolved almost 3 month ago. Now there is no such issue about the call length


Are you saying calls aren't terminated at 90 or 120 minutes?

magicjacktech wrote:
and whenever a user usage their magicjack at a very high rate ( greater than 20 to 30 time as compare to average usage then your outgoing calls will be banned


Can you tell us what the average usage is? How does anyone know what 20-30 times more than average is?

Mark
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xyzzy
magicJack Apprentice


Joined: 13 Nov 2007
Posts: 20

PostPosted: Sat Jun 27, 2009 6:39 pm    Post subject: Reply with quote

My calls terminate at 1 hour 59 minutes on the dot.
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crackerjack
Dan Should Pay Me


Joined: 16 Nov 2007
Posts: 782

PostPosted: Sat Jun 27, 2009 8:49 pm    Post subject: Reply with quote

xyzzy wrote:
My calls terminate at 1 hour 59 minutes on the dot.


Ditto, 2 hour limit on outbound calls, since Feb...I have been tracking this closely!!!! Wink

We need some users to work very hard to bring up the 'average' usage. Now looks to be about XXX minutes/month.
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lcompton
Dan isn't smart enough to hire me


Joined: 01 Jun 2008
Posts: 283
Location: Exton, Pennsylvania, United States

PostPosted: Sun Jun 28, 2009 11:56 am    Post subject: Just Plain Unscrupulous... Reply with quote

Good afternoon.

kcowan wrote:
Where does it say in the TOS that there are any limits on the length of outgoing calls? I am talking about below average daily use here.


That's the problem! The terms-of-service do not reveal the outbound call cap, which is a real disappointment to me. This is the only concrete evidence of unscrupulous behavior on the part of magicJack that I have personally observed and experienced. Otherwise, the company has been perfectly fine with which to do business.

I don't believe most people would purchase a telephone service at any price if they were told up front that their outbound telephone calls will be forcibly terminated at two hours (or one hour and fifty-nine minutes.) What bothers me about magicJack's failure to disclose this important information is that the choice is effectively removed from the buyer on the basis that the buyer cannot become aware of the outbound call cap through normal due diligence; i.e. reading the terms of service or making some test calls during the 30-day free trial evaluation period.

My outbound calls seldom exceed two hours, but when they do, they're important and I cannot afford to have them forcibly terminated regardless of whether I can call back or not.

Shame on magicJack for not disclosing the call cap information. I'd be willing to register the domain, magicjackfacts.com, and sponsor a web-site for factual information related to magicjack, but I don't have time to manage the content. It would be great to have a web-site that contained a list of important facts about magicJack and didn't require people to sift through hundreds of sometimes overly-emotional posts to get to important information they need to consider in order to make a purchase decision. The wiki Mark created is nice, but the call cap issue gets barely a mention:

magicJack Wiki wrote:
Implementing 30-minute call caps, without warning, and without notice. Not even informing the support group of this policy (causing the support group to spread misinformation to customers for 2-3 days). (Late Dec. 2008.). Extended to 60-minute. Extended again to 120 minutes. Reported to be an "experiment" by the inventor


In my mind, the outbound call cap is an indisputable, easily verifiable and widely-substantiated fact that bears mention in a table of important facts for new and prospective users of magicJack.
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jcteck88
MagicJack Newbie


Joined: 07 Mar 2010
Posts: 4

PostPosted: Wed Mar 31, 2010 6:01 pm    Post subject: questions regarding fair useage Reply with quote

I dont understand, when they say "free calling" then why are you paying $19.95 yearly for "free calling" Please explain to me what the $19.95 yearly is paying for?
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Nobody beats the Whiz!
Dan Should Pay Me


Joined: 26 Oct 2009
Posts: 559

PostPosted: Wed Mar 31, 2010 6:48 pm    Post subject: Reply with quote

Because, despite the name, the device is not really "magic." It is an extremely low cost phone service provided by a company that ultimately hopes to profit from its customers. Providing this service has inherent costs in equipment, technicians, network engineers, electricity, and even some customer service personnel. It's not magic that makes it work.

You don't pay per-call tolls, so your call is free. Is that good enough? Or do you expect the government to step in and mandate free phone service for all?
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lcompton
Dan isn't smart enough to hire me


Joined: 01 Jun 2008
Posts: 283
Location: Exton, Pennsylvania, United States

PostPosted: Thu Apr 01, 2010 10:25 pm    Post subject: Re: questions regarding fair useage Reply with quote

Good evening, jcteck88.

jcteck88 wrote:
I dont understand, when they say "free calling" then why are you paying $19.95 yearly for "free calling" Please explain to me what the $19.95 yearly is paying for?


The answer to this questions is simple, straight-forward and outlined in detail in term eight of magicJack's terms-of-service:

magicJack wrote:
8. License
magicJack grants you a personal, non-transferable and non-exclusive right and license to use the magicJack device and Software on your computer; provided that you do not (and do not allow anyone else to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right of the magicJack device. The initial term of this license is for one year and may be renewed upon the one year anniversary of your magicJack order or purchase (for an additional fee) for additional terms. If you do not renew your license within sixty days of expiration, we may revoke the phone number, at our sole discretion. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including for the purpose of obtaining unauthorized access to the magicJack device. You agree not to access the magicJack and/or YMAX services by any means other than through the Software and the magicJack device.


In simplest terms, you are paying USD19.95/annum for an annual license to use the magicJack device. All calls are free.

I sort of miss magicJack. Well, no I don't. Smile

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zegreatone
magicJack Apprentice


Joined: 21 Aug 2009
Posts: 10

PostPosted: Tue Jul 27, 2010 5:21 pm    Post subject: No Call Duration Limit for New Customers Reply with quote

Apparently all these stupid restrictions don't exist if you pose as a new customer!!!!. Check out this chat transcript. Very entertaining!

Please wait for a site operator to respond.
You are now chatting with 'Crystal'
Your Issue ID for this chat is LTK4190121902377X
Crystal: Hello, how may I help you?
Orlando: Hi Crystal, I have a question about the Magicjack TOS
Orlando: I'm actually looking to buy the device but have heard from friends that we don't really get unlimited calling thru magicjack
Orlando: I want to know what the restrictions are
Orlando: Such as # of calls per day, or call duration etc
Crystal: magicJack reserves the right to block calls to numbers that abuse its services such as, but not limited to, traffic stimulation numbers. If magicJack sees excessive use, including but not limited to, a customer whose usage is twenty (20) times more than the average magicJack's customer's usage, or a customer who calls more than 50 different telephone numbers per day, or systematic or intentional misuse, it reserves the right, in our sole discretion, to terminate your use of the magicJack device and/or Software immediately, and you will not be entitled to get a refund of any licensing fee or any other fee you may have paid to us.
Orlando: what is the 'average magicjack customer's usage' as of right now?
Crystal: a customer whose usage is twenty (20) times more than the average magicJack's customer's usage, or a customer who calls more than 50 different telephone numbers per day,*
Crystal: You just need to go below that numbers Orlando.
Orlando: yes, so in that, what is the average mj customer usage?
Orlando: so 50 different telelphone #s
Orlando: I definitely will not be calling that many in a day
Orlando: what about call duration? any restrictions on that?
Crystal: Yes, Orlando.
Crystal: There will no restrictions on your call duration, Orlando.
Crystal: For your connection of calls depends on the Internet connection you are having.
Orlando: I've heard friends mention that their calls get disconnected after 90 or 120 mins
Orlando: and for the folks that have mentioned a limit, they have always said the calls disconnect exactly at 90 or 120 mins as the case may be which makes me thing there is some restriction from the magicjack side
Crystal: The call disconnects if the speed of the Internet connection will goes down.
Orlando: so there is no call duration limit on the magicjack side?
Crystal: Yes, there is no call duration that will be limited with magicJack Orlando.
Orlando: how come my friends said their calls disconnect exactly at 120 mins then? If it is something that is dependent on the internet connection then that time will vary. It cannot be the same amount of time every time.
Crystal: Please allow me to inform you that magicJack get it's power on the Internet connection you are having if you do have a slow connection that will affect your calls Orlando.
Orlando: and the internet problem should not be there on a broadband connection right, my friends are on broadband connection that's always at the same speed, doesn't slow down.
Crystal: magicJack requires one of the following Internet connections:
Crystal: Broadband
Crystal: High-Speed Internet
Crystal: Cable Internet
Crystal: DSL
Crystal: WiFi
Crystal: Wireless
Crystal: WiMax
Crystal: A minimum bandwidth UPLOAD speed of 128 kb/s is required.
Orlando: my friends all have cable internet with minimum upload speed of 2mbps which is 250kb/s. Why are they still having the call duration problem then?
Orlando: I'm sorry if my questions seem rude, I am currently using Vonage and am trying to make sure that Magicjack will satisfy all my needs without any issues.
Crystal: I understand your concern Orlando and I assure you that magicJack will really satisfies your needs without any issues.
Orlando: I would like that, but I really can't commit to the product if there is a limit on the call duration. And it seems like there is a 2 hour call limit. You had mentioned it might be due to the internet connection which is not the case. So why is there a call limit. And if there is one, how long is it?
Crystal: Yes, free calls are what we offer for our customers. It does not say "Unlimited", Orlando.
Orlando: ok, so what is the call duration limit please?
Crystal: We really don't have a call duration limit with magicJack Orlando for your calls depends on the Internet connection you are using with magicJack.
Crystal: The higher speed you are having the longest call you will be having Orlando.
Orlando: any idea how long the calls typically last for a cable internet connection (thru Comcast)?
Crystal: One moment please...
Crystal: Thanks for waiting, Orlando.
Crystal: We dont have specific time for a certain call. All you need to do is make sure you review our Terms of Service for proper usage section 6 b for your giudance
Crystal: http://www.magicjack.com/tos/
Crystal: guidance*
Orlando: Since your Proper Use policy only mentions calling more than 50 different #s per day, will I be within the TOS if I call say the same number 600 times a day, or say if I stay on the phone continuously for 12 hours each day?
Crystal: magicJack reserves the right to block calls to numbers that abuse its services such as, but not limited to, traffic stimulation numbers.Our system will identify whether your account will be blocked or not.
Orlando: I'm sorry Crystal but I'm not able to see how this statement answers my question
Orlando: will I be within the TOS if I call say the same number 600 times a day, or say if I stay on the phone continuously for 12 hours each day?
Crystal: Making calls 600 times for 12hours is definitely abusive and an average user cannot make that certain calls
Orlando: ok, so what is the average user's usage?
Orlando: Can I have some numbers to compare against so I know whether the product will work for me
Crystal: Please read and understand our Terms of service for guidance.
Crystal: 20-50 times per day only, Orlando.
Orlando: where does it say that on the Terms of Service?
Orlando: all I see is "or a customer who calls more than 50 different telephone numbers per day"
Crystal: I am transferring you to one of our top 10% agents as rated by our customers. Please hold while I transfer you.
Orlando: ok thanks
Please wait while I transfer the chat to the best suited site operator.
You are now chatting with 'Ken'
Your Issue ID for this chat is LTK4190121902377X
Ken: Hello Orlando. My name is Ken. To better assist you, let me put you on hold while I read your previous chat/s. Thank you.
Orlando: ok
Ken: Thank you for patiently waiting Orlando.
Orlando: no problem
Ken: Your calls usually disconnects within a long hours of calls, since your USB ports will heat up and that may cause your calls to drop.
Ken: Not your Internet connection.
Orlando: Ken, if something like that were the cause then the time after which the calls are disconnected would be a variable and not always constant right. My friend says his calls disconnect exactly at 120:00 mins not 119.59 and not 120.01.
Orlando: So that's definitely not something being caused by an internet connection nor a heated USB port.
Ken: Alright Orlando, does that happen on all calls that your friend makes?
Orlando: yes, he doesn't make long calls that often, but whenever he does, as soon as the time reaches 120:00 the call disconnects
Orlando: I have another friend that has the same problem but his calls disconnect at 90:00
Ken: Alright Orlando, if you decide to purchase the magicJack, just don't try to exceed your calls to 50 different telephone numbers per day.
Orlando: so you're saying there is no limit on the call duration then?
Ken: No limit on that Orlando.
Orlando: why are my friends experiencing that limit....I'm sure you can understand that when a person wants to try out a new product, the opinion of others using the same item matters a lot. So if they are telling me they are having certain problems right now, I definitely need convincing that I won't have the same. And that being the case, they will need some action on their end to step the problem too.
Ken: Yes Orlando, I understand your concern, but if you are willing to try the magicJack we have a 30 day free trial of the device.
Ken: After your free 30 day trial, your credit card will be charged for the amount of the order you placed. The amount will be authorized on your credit card, but not charged until the end of your free trial period. If for any reason magicJack does not perform just as we say, you can return it to us during the first 30-days, and your credit card will not be charged.
Orlando: I'm sorry for being so picky, but I'm starting a business and just trying to make sure that magicjack will fully satisfy my needs.
Orlando: You mentioned I'll be ok as far as I don't call more than 50 different numbers in a day right?
Ken: Yes Orlando, just be sure not to call more than 50 different numbers in a day, and your magicjack service will be fine.
Ken: And you can try our device for 30 days Orlando, and for any reason magicJack does not perform just as we say, you can return it to us during the first 30-days, and you will get your money back.
Orlando: so I'll ask you the same question I asked Crystal earlier...will I be within the TOS if I call say the same number 600 times a day, or say if I stay on the phone continuously for 12 hours each day?
Ken: Yes Orlando, as long as it is not a different phone number.
Ken: You can call the same number multiple times in a day and you will still be fine.
Orlando: Thanks Ken.
Ken: You are most welcome Orlando.
Ken: You can place your order on line at www.magicJack.com or through phone by dialing 1-800-649-1271.
Ken: Is there anything else I may help you with today?
Orlando: Is it ok if I save the transcript of our chat in case I run into any problems in the future and need customer support or need to sue the company?
Ken: Yes you can Orlando.
Orlando: Thanks Ken, that will be all.
Ken: You are most welcome.
Ken: Thank you for stopping by to chat, I hope I did a good job at addressing your concerns. Please take a second to answer a one question survey about the service I provided. Please click the "close" button on the top right of this screen and the survey will appear. Thanks again!
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Matt9876
Dan Should Pay Me


Joined: 26 Jul 2008
Posts: 504

PostPosted: Tue Jul 27, 2010 6:28 pm    Post subject: Reply with quote

Quote from another thread:I had Magic Jack for 3 weeks. Then, I made 51 calls today. They shut me down. Read their stinking Terms of Service. If you make more than 50 calls in 1 day, they shut you down. So, now I'm out $40 and I got 3 weeks of lousy phone service.


The service has limits !
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scott_kevin78
MagicJack Newbie


Joined: 06 Aug 2010
Posts: 1

PostPosted: Fri Aug 06, 2010 3:15 pm    Post subject: Another Section 6 issue Reply with quote

Normally I make around 15 - 25 calls a day with Magic Jack and maybe use it for around 3 hours/day Monday through Friday and no evenings. Today I had to do a test for my boss and it required me to call over 50 numbers. Next thing I know, I am unable to dial out (I have been using Magic Jack for about 5 months now). I read this thread before contacting live chat and this is the transcript from my conversation:

Sonny: Hello, how may I help you?

Scott: I was making a larger then normal number of outbound calls this morning and suddenly my

Magic Jack wouldn't dial out, when I unplugged it and then plugged it back in. I got a message

saying that "Your outbound calling has been suspended for excessive usage". I normally make

maybe around 20 calls a day and most conversations are around 10 - 15 minutes long

Sonny: Hello Scott

Sonny: ok

Sonny: Please wait while I check that for you

Scott: today I was working on a test for my boss (I work from home) and I had called around 70

phone numbers and now I am blocked out?

Sonny: I am transferring you to one of our top 10% agents as rated by our customers. Please

hold while I transfer you.

Please wait while I transfer the chat to the best suited site operator.

You are now chatting with 'Shaun'

Your Issue ID for this chat is LTK4190123336368X

Shaun: Hello, how may I help you?

Scott: hi shaun

Scott: today I was working on a test for my boss (I work from home) and I had called around 70

phone numbers and now I am blocked out?

Scott: I was making a larger then normal number of outbound calls this morning and suddenly my

Magic Jack wouldn't dial out, when I unplugged it and then plugged it back in. I got a message

saying that "Your outbound calling has been suspended for excessive usage". I normally make

maybe around 20 calls a day and most conversations are around 10 - 15 minutes long

Scott: I don't make calls in the evening or the weekends with my Magic Jack

Shaun: May I know your email address and magicjack phone number please? \

Scott: scott*****@yahoo.com

Scott: 20******74

Shaun: Please wait while I check that for you

Scott: np

Shaun: as much as i want to assist you but that magicjack phone number as violated our terms

of services . you can click on the link below and please do refer on section 6 on proper use,

Shaun: http://www.magicjack.com/tos/

Scott: I've read all about your section six, but I haven't remotely come close to abusing the

magic jack usage except for "x" amount of calls today ... how does that constiture excessive

usage and therefore not staying withing the terms of section 6?

Scott: what would possess me to use the service again if I can't make more then 20+ calls a day

and use the device for a total of maybe 3 hours on any given day?

Scott: hello?

Shaun: yes

Shaun: did you clicked on the l;ink above

Scott: of course I have, I have read about your section six in forums before even contacting

live chat

Scott: did you read my responses?

Shaun: (a) to determine whether a violation of the Agreement has occurred or (b) to comply with

any applicable law, regulation, legal process or governmental request. magicJack reserves the

right to block calls to numbers that abuse its services such as, but not limited to, traffic

stimulation numbers. If magicJack sees excessive use, including but not limited to, a customer

whose usage is twenty (20) times more than the average magicJack's customer's usage, or a

customer who calls more than 50 different telephone numbers per day, or systematic or

intentional misuse, it reserves the right, in our sole discretion, to terminate your use of the

magicJack device and/or Software immediately, and you will not be entitled to get a refund of

any licensing fee or any other fee you may have paid to us.

Scott: only one day did I call more then 50 phone numbers and that was today

Scott: or a customer who calls more than 50 different telephone numbers per day

Scott: that doesn't state on any given day, it states per day

Scott: there is a big difference

Shaun: One moment please...

Scott: ?

Shaun: did you clicked on the link below

Scott: I don't see a link to click

Shaun: i mean on your magicjack TOS

Scott: what about the TOS

Scott: haven't we already went through this section six?

Shaun: yes

Scott: It's not that difficult, the terms state:

Scott: customer who calls more than 50 different telephone numbers per day

Scott: per day means it is consistent

Scott: I did it one day

Shaun: you mean you are making many calls per day

Scott: no, I mean I don't make many calls on most days

Scott: just today is the first time in 5 months since I have had Magic Jack, that I have made

more then 50 calls

Shaun: One moment please...

Scott: ?

Shaun: Please wait while I check that for you

Scott: ?

Shaun: as much as i want to assist you but your number has violated our terms of service

Scott: not actually

Scott: not the way your terms are written

Shaun: you can see terms of service before you complete registration

Scott: I am sure you can clearly see that only today have I made more then 50 phone calls

Scott: which, does not violate your terms

Scott: as written "per day" means more then once

Shaun: I perfectly understand your situation, however I believe we are keep on repeating the

same process. May I now end this chat session? Thank you

Chat session has been terminated by the site operator.

(Then he just disappeared before I could ask him a question)
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