Coalition 4 Fair Member Rights vs AOL sign now

To: AOL/Timewarner, Internet Services Group

We, the undersigned, ask that AOL/Timewarner treat their membership with the respect they thus so deserve. The present policies/terms of service (aka TOS) are vague, contradictory to AOL's terms of service itself and not fully enforced.

Currently, AOL/Timewarner has well over 28 million users of AOL, and well over 30 million AIM users

Re: TOS VIOLATIONS:
1) Many members have had a tos violation against their account for sending to much mail in a certain period of time and/or too to many people at one time; thus known as either 'mass mailings' or 'spam' (aka 'unsolicited mails).

2) Many members have had a tos violation against their account for sending hyperlinks in email, instant message, message board and/or chatroom.

3) Many members have had a tos violation against their account for using profane language in email, instant message, message board and/or chatroom, to include the tos term "masked vulgarity" for those specific words 'hidden' such as; a$$, aZZ, fu, fuq, a**hole, dyk etc. This also includes chatrooms sounds, for which is another enabled chatroom feature provided by aol who offers software to perform these features at an additional cost to the member.

4) Many members have had a tos violation against their account for sending attachments via email or in instant message.

5) Many members have had a tos violation against their account for those known as 'hackers or phishers' who compromise the members account by (illegally) obtaining the members account information and using said account to spam porn emails/links/images or send virus' and trojans.

First and foremost; in reading AOL's terms of service @keyword TOS it does not state adequately nor clearly the EXACT amount of emails permitted to be sent in a specified amount of time NOR does it state in relation as to how many recipients are permitted in an email at one time.

Secondly; AOL's features permit the members to send hyperlinks in email, instant message, message boards and chatrooms. For AOL to impose a tos violation on a members acct for doing so contradicts AOL's features.

Thirdly; AOL's chatrooms are generally UNmoderated, thus the verbal content in said chatrooms aren't restricted. AOL's TOS does state a proper code of conduct HOWEVER; the "tos" button on said chatrooms (aka 'notify aol) is subject to the member; thus this is segregational, biased & prejudicial - for if one particular member is disrupting the room via cussing repeatedly or harrassing another, and another attempts to defend themselves in the same manner, said member in defense due to being 'out numbered' can/may receive the tos violation and NOT the one who instigated it and initiated the flaming. This is an unfair practice.

Fourth; AOL permits images/attachments via their email feature and in instant messages

Fifth; AOL has known for years that there is an ongoing problem with 'phishers and hackers' who send bogus emails to aol members appearing to be from aol themself, asking the member to 'login to their acct' at a webpage that appears to be an aol page and re enter their acct info; thus in the interim said hacker now has access to the members account information.

Sixth; AOL's chatrooms are FLOODED with room bots who text obscenities to the room and disrupt conversation. said chatrooms are also FLOODED with 'gaggers and laggers' who completely disrupt room conversation for long periods lasting up to an hour or more where the member(s) cannot chat in ANY room until the gag/lag time has elapsed. said rooms are also FLOODED with 'smiley and image' bots aka "scrollers" for which 'freeze' the room. Every chatroom on the AOL network is severely infested with spambots promoting sexualy explicit websites, and otherwise just annoying sites. Due to the amount of spambots and spammers, within the AOL chatrooms, it makes it almost impossible to have decent chats with groups of other users. The current state of the chatrooms does not provide a safe atmosphere for underage users of the AOL Chatrooms. Most spambots pretend to be underage, in attempts to get other underage users to message them, and or visit their websites. In the current version of AIM there is no ability to permanently ignore these spambots, unless they message you, which then allows you to warn, and block them from ever messaging you again. One problem with this is that there is a limit to the block list, and it is a not easily maintainable. (*Note--This is also an instant message hazzard). The people running these spambots create thousands of "unique" AOL Screen Names, some of them pretty explicit in nature,- Spambots usualy have sexually explicit messages in their user profiles. Some of the spambots pretend to be "Real" people, sometimes under legal age, by repeating prefabricated messages asking users to message them, or to visit their "new" website that they just made. I have some examples listed at the end of this text. AOL Chatrooms should be a safe place where users of AIM/AOL can meet and share their ideas.

Seventh; AOL does not treat each member fairly in regards to TOS violations; there are some members who tos violations were removed, and others who have been told that they have been put on 'probation' (for just ONE tos) AOL isnt consistant with their 'progressive discipline', nor does AOL have an appropriate APPEALS process for said member is entitled to defend themself against erroneous tos's. (ex: a email tos could be an accident by the recipient, in a chatroom if the majoram is acting unruly and out of hand ONE person shouldnt receive the TOS regardless if theyre the one being reported et al etc) There is a common practice in chatrooms to tos people for 'no reason'.....to clarify; there maybe an ettiquitte reason, but it is NOT fair for one person to receive a tos when others are JUST AS in violation as well. It is especiaslly NOT fair for AOL to conceal the identity of the member who "may be" tosing for 'kicks'. Every person has the right to face their accusor in a court of law. AOL is NOT "above the law", therefore we as members are entitled to the same process. In simple terms this is applicable to our given CIVIL RIGHTS.

Additionals:
AOL also doesnt 'advertise' special "rates", where members hear about reduced fees thru the email grapevine. Not every member has the same billing costs. There are members who have broadband (bring your own access) and receive it for 7.96 a month, while others are paying 9.95 a month or 14.95 a month. Same is applicable for dial-up users.

AOL is losing members to other ISP's. It's not the cost factor that causing the migration but it is because AOL is not treating their members fairly nonetheless protecting their members in the same.

We the undersigned:
DEMAND due process in concerns to TOS violations.
WE DEMAND an APPEALS process in regards to tos violations.
WE reserve the right to defend ourselves against wrongful tos violations.
We reserve the right to keep our accounts.
WE DEMAND that AOL provide SPECIFIC regulations detailed in this petition in concerns to member terms of service.
WE DEMAND that AOL either moderate ALL chatrooms or fully investigate a chatroom 'tos' that involves ALL MEMBERS in said room before they issue the tos to the one who was reported.

A copy of this complaint/petition will be sent to the FTC (federal trade commission) once enough signatures are gathered.

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Jacklyn CamachoBy:
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Petition target:
Federal Trade Commission

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