Anonymous Submission - Clearwire DDoS attack against Customer!

This situation is ongoing.

The kick in the butt is I have not even been a Clearwire client for three weeks and the Monster has risen.

I asked them to basically provide me upload limits due to them claiming I have violated their AUP; and they will not provide this information. They claim it is “proprietary”.I want to know these limits so I won’t “violate the AUP” they claim is happening.

Another kick in the butt is they state they have no problem with my downloads; yet they slow down that as well; if that is no problem why interfere in my downloads. They state they can do all that in the AUP - HUH? Granted some one is going to snipe me that I should have read the Terms of Service - AUP is only a part of a large file to read . I based my buying decision on the honesty of the sale rep; what a mistake. I told the rep exactly what I intended to use the service for and I was told it would be no problem. Now I know other-wise.

I can go on; but since they refuse to prove their claims of me violating the AUP with out providing concrete proof except to say that proof is “Proprietary” and won’t tell me.

They were shocked that I told them I use network monitoring software and can see what they are doing with all the RST packets they bombard me with. They have done it at times ( every time I go online ) at such high amounts to knock me off the Internet and I had to reboot everything including resetting the modem. I am also running the connection through a VPN and all they can see is data being moved. I guess they just watch the upload/download and state I am in violation.

Oh in parting I have five sold lights so they can’t say it is my signal. Also in there is it there somewhere they forbid you doing any pings ( they have gone as high as 900 due to Clearwire interference ) it violates the agreement. WTF I ping the find a good sever to play online games….

(Read on for e-mail thread)

Dear xxxxx xxxxx,

While monitoring our network, we noticed that an excessive amount of internet traffic from your Clearwire connection is negatively impacting other Clearwire customers in your area. These issues can be caused by a virus or spyware on your computer, by having a wireless router with no password set or by using peer to peer/file-sharing and FTP programs.

If you have any questions or concerns, please contact us at 888 - 657 - 1456. For more information on Clearwire’s Acceptable Use Policy, please follow this link:
https://www.clearwire.com/company/legal/aup.htm

Thank you for your prompt attention.
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clearw°re wireless broadband | 888-253-2794

From: anon honolulu resident [mailto:]
Sent: Monday, July 28, 2008 1:26 PM
To: L2Support@clearwire.com
Cc:
Subject: Re: A message from Clearwire - Immediate Response Required 764427
Hello;
Is that so?
Are you stating I am using your service too much?
I download PC demo game(s) to try and play online; is this some how a violation of your (AUP)?
Explain to me in writing how this is the case? I was never informed by the Best Buy sales rep that I will be limited to a certain bandwith usage per month or what ever.. I told the sale rep what I will be using your service for and she told me it would be no problem; it is clearly she lied or doesn’t know your policy in bandwith usage. I based my buying decision on what she told me since most average buyers will have to rely on your sales rep to tell them the truth or know your product; if not then we clients will have to stand in the merchants store and read a very long (AUP) before buying anything.
Please provide your network logs in regards to my account of two weeks to prove your claim.
You are also required to provide documented proof of you claim I am negatively affecting other “Clearwire” clients. How many clients on Oahu do you have? How many cell towers do you use and the mapping of their locations?
Unless you do I will have no choice but to consider this a breach of our agreement by you Clearwire. This will be considered harassment and I will take action on that..Unless you provide the written documentation asked for. You have two weeks to provide this documentation from the date of this e mail. I will only accept all communication in writing only period.. if not I will then consider you in breach of our agreement.
I have only been a client for a little over two weeks and I never signed up for this harassment from an ISP before..
Sincerely,
xxxxxx xxxxx
P.S. DO NOT CALL ME IN THE MORNING SINCE I WORK LATE AT NIGHT AND YOU WAKE ME UP WITH YOUR AUTOMATED SYSTEM PHONE CALLS.

Dear Mr xxxx

After reviewing your case, I can see that the Acceptable Use Policy was violated via the Upload. The amount that you are downloading is not a problem what so ever. I have commented your account that you are not to receive any type of calls until the afternoon. Please accept my apologies for that.

I would like to take a moment to advise you that you have agreed to the Terms of Service. You may review the TOS at https://www.clearwire.com/company/legal/terms.php. I would like to bring to your attention Section 11, Network Management and Section 12, Acceptable Use Policy.

The Logs that you are requesting is proprietary and will not be released. The Acceptable Use Policy is available at our website located at https://www.clearwire.com/company/legal/aup.htm. This is available for your viewing whenever you choose and there is no long line to stand in.

I have enclosed some of the Acceptable Use Policy for you

Excess Utilization of Network Resources
The excessive use or abuse of Clearwire’s network resources by one subscriber may have a negative impact on all other subscribers. Accordingly, you may not use the Service or take any action, directly or indirectly, that will result in excessive consumption or utilization of the system or network resources, or which may weaken network performance, as determined in Clearwire’s sole discretion. Such prohibited actions include, but are not limited to: using the Service to host a web server site which attracts excessive traffic at your location, continuously uploading or downloading streaming video or audio, usenet hosting, or continuous FTP uploading or downloading
Violations of AUP
In the event that you violate this AUP, Clearwire may, without limitation, restrict your access to Clearwire’s network, increase the fees associated with your Service, including upgrading you to a higher class of Service, or immediately suspend or terminate your Service. In the event of termination of your Service, all applicable termination charges will apply. Except as expressly provided herein, the rights and remedies of Clearwire are cumulative and not exclusive of any rights or remedies that Clearwire may otherwise have at law or in equity.

Thank you

Ken W

_______________________________________________________________
Ken W | Level 2 Technical Support | 888-253-2794 |L2Support@clearwire.com
clearw°re wireless broadband

From: anon honolulu resident <>
Date: Wed, Jul 30, 2008 at 10:19 AM
Subject: Re: A message from Clearwire - Immediate Response Required 764427
To: L2Support@clearwire.com

You mean when I upload a small file(s) since you still won’t be more specific in your vague claims I violate your AUP? The upload speed is around 6-10kbps and in no way could affect other Clearwire clients as you claim. THAT SPEED IS NO FASTER THAN A NORMAL TELEPHONE DIAL UP CONNECTION.. As mention before and later TELL ME WHAT THE UPLOAD LIMIT I HAVE TO ABIDE BY. Your claims the “Logs” I requested? I asked you to proved only information on my account to prove your unfounded and arbitrary claims of me violating this AUP; yes logs was the work I used. Explain how customer records “logs” are proprietary and will not be released; especially when the information is requested concerns only the client affected? This request was made due to your claim I was “Interfering in other Clearwire Client’s system usage”!
Be more specific please in your accusations since I have logs that you are directly interfering in my connection by bombarding me with fake RST Packets.
There is nothing in your AUP informing what upload and/or download limits I am to abide by ( you stated my downloads are no problem - yet you also interfere in that also ) in the amount of uploads I am allowed; only your unfounded and arbitrary claims. Again you have to be more specific or you are in breach OF OUR CONTRACT. I HAVE PROOF AND ALREADY INFORMED YOU A CLEARWIRE SALES REP AT BESTBUY TOLD ME I WILL HAVE NO PROBLEM; BUT IT IS CLEAR SHE LIED TO ME. I HAVE WITNESS TO WHAT SHE STATED TO GET ME TO SIGN UP. A majority of clients have no choice but to rely on your sales reps honesty truthfulness and KNOWLEDGE of your product when considering buying your services. The alternative is to stand in the store and read a Company’s user agreement or what ever you want to call it. In your case your AUP isn’ forthcoming in it; it is many many page in size and people have to take an inordinate amount of time to read through it since you do not make items easy to find nor are your important terms in a clear and orderly fashion. These items are all over your AUP.
I was lead to believe my intended use was going to be no problem; except it is clear you people use false and misleading statements in your ads, IE: download movies, music, picture, e mails, etc… I watch online via netflix movie and you people slow down my connection via the Fake RST Packets; you people do this at a rate at time to completely terminate the connection. This is what network engineers call a “Denial of Service attack”.
You also go on to lead the consumer to believe they have unlimited use when in fact they don’t.
I will suggest this you or I after your written agreement terminate this business agreement WITH NO PENALTIES and we go our separate ways. You disagree and attempt to demand your “early termination Fee’s’ you will be sued. Yes I now know your AUP have a binding arbitration cause in it; but I wasn’t aware of it until after you seven day trial expired. Which doesn’t made me bound by it. This is told me by an attorney in contract law.
I was never looking for trouble only an honest ISP to use for my needs. It is very clear your company Clearwire is far from being honest in their business dealing with their clients and that has as mentioned become very clear in the many multiple class action law suits starting to brew against you. Companies have done as you have and under the law as told me is call abusive business practices. These companies that do this are sued and they lose big time.
It is clear your buisness practices are this: A client will have no problem with Clearwire UNTIL they really use the service; then there will be problems with Clearwire. Meaning just surf the internet, download a few pictures and e mails; then everything is ok; but watch out if you want to download a moive (netflix, etc. ) and or a large file; and God forbide you ever uploading something and if it is too much ( only Clearwire know how much and won’t tell you ) because you will violate the Clearwire AUP….

On Wed, Jul 30, 2008 at 9:16 AM, wrote:

Notice: This message contains information that may be confidential or privileged. The information is intended solely for use of the addressee(s). Your disclosure, copying, distribution of the contents of this message is prohibited. It this message has been sent to you in error, please notify the sender by return e-mail. Thank you.

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