Wednesday, January 28, 2009

Re: [asterisk-biz] Call Recording and Legal Issues in the US

The answer is that, unfortunately for you, you can be sued regardless of
what sort of waiver your customer signs. The argument being that your
customer may not know all the applicable laws regarding his rights in
the situation before he signs the waiver (waivers are not terribly
effective protection in court).

Whether or not whomever is suing you will WIN the suit will rely mostly
on the law, and you may or may not come out okay in a legal position,
but the ensuing costs of fighting the legal battle CAN lead to a
bankruptcy situation. And, of course, if you're seeking funding rounds
or business loans, no one will want to give money to a company that may
lose it all in a legal battle.

Unless you're absolutely certain of the laws of the states in which you
do business, I would recommend against aiding in the recording of calls
by customers.

N.


Peter Beckman wrote:
> I'm aware that in some states and in some cases there are differing rules
> about who and when a caller or callee can or cannot record a phone call.
>
> As a service provider, I can easily enable my users to record calls on
> demand, for only some of calls, or for all calls.
>
> The question is, do I need to, in our Terms of Service, specifically say
>
> "The user is responsible for following all applicable laws regarding
> call recording. The user will hold harmless Company and its vendors
> partners and subsidiaries for violations of any laws regarding call
> recording."
>
> Or would we be covered by a general you can't sue us clause.
>
> Please -- no conjecture, only reply if you actually know from a good legal
> source the answer.
>
> Beckman
> ---------------------------------------------------------------------------
> Peter Beckman Internet Guy
> beckman@angryox.com http://www.angryox.com/
> ---------------------------------------------------------------------------
>
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[asterisk-biz] OT: Re: Consortium of Sorts for Interconnects and VoIP providers to a Lesser Degree

Steve Totaro wrote:
> On Wed, Jan 28, 2009 at 12:18 PM, Richard Lyman <pchammer@dynx.net> wrote:
>
>> TP'n to follow flow. I haven't read every post on this thread so
>> forgive me (please) for stating something that might have been already
>> stated.
>>
>
> I do not forgive you, there are not that many posts to read through
> and not taking a moment to do so makes you a non-candidate.
>
>
Steve, do you really think you need to repeat saying 'non-candidate'?

I also seem to recall (while skimming the thread), something about
'negative attitudes'.

At least i was being polite.

Good luck.

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[asterisk-biz] Call Recording and Legal Issues in the US

I'm aware that in some states and in some cases there are differing rules
about who and when a caller or callee can or cannot record a phone call.

As a service provider, I can easily enable my users to record calls on
demand, for only some of calls, or for all calls.

The question is, do I need to, in our Terms of Service, specifically say

"The user is responsible for following all applicable laws regarding
call recording. The user will hold harmless Company and its vendors
partners and subsidiaries for violations of any laws regarding call
recording."

Or would we be covered by a general you can't sue us clause.

Please -- no conjecture, only reply if you actually know from a good legal
source the answer.

Beckman
---------------------------------------------------------------------------
Peter Beckman Internet Guy
beckman@angryox.com http://www.angryox.com/
---------------------------------------------------------------------------

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Re: [asterisk-biz] Asterisk Application Co-location

Hi Matthew,

We use www.theplanet.com for our hosting, You can try them out.

For toll free termination, you can check out www.carrierx.us

For 1800 Origination you can check out kall8.com or nufone.net

Rehan


> I am looking for a company which can provide both Co-location for a 1u
> or 2u server which will be hosting an asterisk voice application, and
> provide Voip 1-800 termination and Voip originating toll for this
> application. If any of you could provide this service to my company,
> please contact me off list with appropriate information, initial and
> monthly fees for the co-location along with costs for voip 1-800
> termination and Voip originating toll.
>
> Thanks,
>
> Matt Bathke
> Sipmeeting, LLC.
>
> _______________________________________________
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Rehan Ahmed AllahWala
Msn/Yahoo/GoogleTalk/Email: Rehan@Rehan.com
http://www.supertec.com/ - Internet Telephony Solutions
Http://www.DIDX.net - DID Number Market Place.
Don't Remember Me ? Visit http://www.Rehan.com

~~~~~~~~~~~~~~~~~~~
"First they ignore you, then they laugh at you, then they fight you, then you win."
By Gandhi.

"Live as if you were to die tomorrow. Learn as if you were to live forever." - Gandhi


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Re: [asterisk-biz] Consortium of Sorts for Interconnects and VoIP providers to a Lesser Degree

On Wed, Jan 28, 2009 at 12:18 PM, Richard Lyman <pchammer@dynx.net> wrote:
> TP'n to follow flow. I haven't read every post on this thread so
> forgive me (please) for stating something that might have been already
> stated.

I do not forgive you, there are not that many posts to read through
and not taking a moment to do so makes you a non-candidate.

>
> From what i am hearing.. various 'approved' consultants can join this
> consortium (bringing with it, its clients), the resulting 'client base'
> is served by all consortium consultants (by geographic or even specialty
> if needed). This allow centralized resource sharing (office presence,
> etc).

Certainly not a candidate. Your customers are your customers, they
are not part of the pool and this has been repeated several times.

>
> As nice as that sounds, i find it hard that any one (but a close knit
> group of 'buddies') would pool there clients this way. Here are two
> brief examples.
>
> 1. Clients that will work with various consultants, then decide they
> like 1 (or a small subset) best, and only work with them.

This may and will happen.

>
> 2. Consultant could be contacted outside the consortium but a Client
> who then goes through the consortium. (clients routinely hunt quotes,
> and how will the consortium do so against itself?)

This may and will happen.

>
> Sorry if this seems convoluted, i am waiting for the coffee to brew.

Proof you should read or at least skim (read speed reading) the whole
thread and get your coffee before you post.

>
> Alex Balashov wrote:
>> Hey Steve,
>>
>> It sounds like a good idea, but I'm having a bit of trouble
>> understanding how exactly it will work. Can you clarify:
>>
>> 1) What exactly is a "consortium for all things VoIP?" Just what does
>> that entail in practise?
>>
>> 2) How is it that various vendors doing overlapping things will be in
>> the consortium without directly competing with each other, if the
>> consortium is meant to be a channel for new deal flow? What's the idea?
>> Vertically integrate vendors that don't quite do the same thing? If
>> so, there isn't a lot of room in the consortium.
>>
>> -- Alex
>>
>> Steve Totaro wrote:
>>
>>
>>> Hello everyone,
>>>
>>> I am going to throw out an idea and see if it sticks. I have had this
>>> idea for quite a while now and I think the moons have aligned to get
>>> it done..
>>>
>>> I will be creating a consortium for all things VoIP as well as any
>>> other specialties a shop or individual can bring to the table, such as
>>> custom programming and dev work.
>>>
>>> The idea is that people and companies in the consortium operate under
>>> the name of the consortium.
>>>
>>> Some will be rejected or be kicked out of the consortium for doing
>>> anything that breaks the rules, such as stealing a customer, or
>>> regular complaints from customers. There will be a whole binding
>>> contract in this regard.
>>>
>>> Consortium members will be picked by geographical location, skill set,
>>> proficiency, and some other factors.
>>>
>>> Nobody in the consortium will directly compete with other members, and
>>> prices for services will be standardized.
>>>
>>> The the whole idea is for you to keep your business, yet operate to
>>> some degree in the consortium (no leaching).
>>>
>>> We all help each other out, either by sending leads, or even going on
>>> a sales calls for another person in the consortium (obviously, this
>>> would be a paid gig). Let's face it, some people can sell much better
>>> than others. For a big deal, I would potentially fly someone in who
>>> is great sales person and pay them well for their time.
>>>
>>> We can sub out work to each other that are in the inner circle of trust.
>>>
>>> One other HUGE and the main benefit when coming up with the idea, is
>>> that we will all act as one company on the surface, so there is great
>>> credibility there rather than a one, two, or even ten man shop. We
>>> will also act as one company to some degree behind the scenes. I have
>>> turned away plenty of business because I was booked solid or did not
>>> have the skillset nor time to learn it.
>>>
>>> I would gladly turn over that business to someone else in the
>>> consortium providing a get a kickback for the sale and the job get's
>>> done correctly.
>>>
>>> To the outside world, we appear to be a single World Wide company,
>>> with offices and technicians that could be onsite anywhere in the US
>>> and other countries.
>>>
>>> If you have any interest, questions, or any kind of feedback, please
>>> post to the list or email directly if it is not list material.
>>>
>>>
>>
>>
>>
>
>
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>
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--
Thanks,
Steve Totaro
+18887771888 (Toll Free)
+12409381212 (Cell)
+12024369784 (Skype)

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Re: [asterisk-biz] Consortium of Sorts for Interconnects and VoIP providers to a Lesser Degree

TP'n to follow flow. I haven't read every post on this thread so
forgive me (please) for stating something that might have been already
stated.

From what i am hearing.. various 'approved' consultants can join this
consortium (bringing with it, its clients), the resulting 'client base'
is served by all consortium consultants (by geographic or even specialty
if needed). This allow centralized resource sharing (office presence,
etc).

As nice as that sounds, i find it hard that any one (but a close knit
group of 'buddies') would pool there clients this way. Here are two
brief examples.

1. Clients that will work with various consultants, then decide they
like 1 (or a small subset) best, and only work with them.

2. Consultant could be contacted outside the consortium but a Client
who then goes through the consortium. (clients routinely hunt quotes,
and how will the consortium do so against itself?)

Sorry if this seems convoluted, i am waiting for the coffee to brew.

Alex Balashov wrote:
> Hey Steve,
>
> It sounds like a good idea, but I'm having a bit of trouble
> understanding how exactly it will work. Can you clarify:
>
> 1) What exactly is a "consortium for all things VoIP?" Just what does
> that entail in practise?
>
> 2) How is it that various vendors doing overlapping things will be in
> the consortium without directly competing with each other, if the
> consortium is meant to be a channel for new deal flow? What's the idea?
> Vertically integrate vendors that don't quite do the same thing? If
> so, there isn't a lot of room in the consortium.
>
> -- Alex
>
> Steve Totaro wrote:
>
>
>> Hello everyone,
>>
>> I am going to throw out an idea and see if it sticks. I have had this
>> idea for quite a while now and I think the moons have aligned to get
>> it done..
>>
>> I will be creating a consortium for all things VoIP as well as any
>> other specialties a shop or individual can bring to the table, such as
>> custom programming and dev work.
>>
>> The idea is that people and companies in the consortium operate under
>> the name of the consortium.
>>
>> Some will be rejected or be kicked out of the consortium for doing
>> anything that breaks the rules, such as stealing a customer, or
>> regular complaints from customers. There will be a whole binding
>> contract in this regard.
>>
>> Consortium members will be picked by geographical location, skill set,
>> proficiency, and some other factors.
>>
>> Nobody in the consortium will directly compete with other members, and
>> prices for services will be standardized.
>>
>> The the whole idea is for you to keep your business, yet operate to
>> some degree in the consortium (no leaching).
>>
>> We all help each other out, either by sending leads, or even going on
>> a sales calls for another person in the consortium (obviously, this
>> would be a paid gig). Let's face it, some people can sell much better
>> than others. For a big deal, I would potentially fly someone in who
>> is great sales person and pay them well for their time.
>>
>> We can sub out work to each other that are in the inner circle of trust.
>>
>> One other HUGE and the main benefit when coming up with the idea, is
>> that we will all act as one company on the surface, so there is great
>> credibility there rather than a one, two, or even ten man shop. We
>> will also act as one company to some degree behind the scenes. I have
>> turned away plenty of business because I was booked solid or did not
>> have the skillset nor time to learn it.
>>
>> I would gladly turn over that business to someone else in the
>> consortium providing a get a kickback for the sale and the job get's
>> done correctly.
>>
>> To the outside world, we appear to be a single World Wide company,
>> with offices and technicians that could be onsite anywhere in the US
>> and other countries.
>>
>> If you have any interest, questions, or any kind of feedback, please
>> post to the list or email directly if it is not list material.
>>
>>
>
>
>


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Re: [asterisk-biz] Consortium of Sorts for Interconnects and VoIP providers to a Lesser Degree

Your questions will be addressed in the soon to be announced website and wiki.

One thing I can say for sure, is that, no, there is not alot of room
in the consortium if you have nothing special to offer, live in a
saturated area, or have a generally argumentative or negative
attitude.

--
Thanks,
Steve Totaro
+18887771888 (Toll Free)
+12409381212 (Cell)
+12024369784 (Skype)


On Wed, Jan 28, 2009 at 9:03 AM, Alex Balashov
<abalashov@evaristesys.com> wrote:
> Hey Steve,
>
> It sounds like a good idea, but I'm having a bit of trouble
> understanding how exactly it will work. Can you clarify:
>
> 1) What exactly is a "consortium for all things VoIP?" Just what does
> that entail in practise?
>
> 2) How is it that various vendors doing overlapping things will be in
> the consortium without directly competing with each other, if the
> consortium is meant to be a channel for new deal flow? What's the idea?
> Vertically integrate vendors that don't quite do the same thing? If
> so, there isn't a lot of room in the consortium.
>
> -- Alex
>
> Steve Totaro wrote:
>
>> Hello everyone,
>>
>> I am going to throw out an idea and see if it sticks. I have had this
>> idea for quite a while now and I think the moons have aligned to get
>> it done..
>>
>> I will be creating a consortium for all things VoIP as well as any
>> other specialties a shop or individual can bring to the table, such as
>> custom programming and dev work.
>>
>> The idea is that people and companies in the consortium operate under
>> the name of the consortium.
>>
>> Some will be rejected or be kicked out of the consortium for doing
>> anything that breaks the rules, such as stealing a customer, or
>> regular complaints from customers. There will be a whole binding
>> contract in this regard.
>>
>> Consortium members will be picked by geographical location, skill set,
>> proficiency, and some other factors.
>>
>> Nobody in the consortium will directly compete with other members, and
>> prices for services will be standardized.
>>
>> The the whole idea is for you to keep your business, yet operate to
>> some degree in the consortium (no leaching).
>>
>> We all help each other out, either by sending leads, or even going on
>> a sales calls for another person in the consortium (obviously, this
>> would be a paid gig). Let's face it, some people can sell much better
>> than others. For a big deal, I would potentially fly someone in who
>> is great sales person and pay them well for their time.
>>
>> We can sub out work to each other that are in the inner circle of trust.
>>
>> One other HUGE and the main benefit when coming up with the idea, is
>> that we will all act as one company on the surface, so there is great
>> credibility there rather than a one, two, or even ten man shop. We
>> will also act as one company to some degree behind the scenes. I have
>> turned away plenty of business because I was booked solid or did not
>> have the skillset nor time to learn it.
>>
>> I would gladly turn over that business to someone else in the
>> consortium providing a get a kickback for the sale and the job get's
>> done correctly.
>>
>> To the outside world, we appear to be a single World Wide company,
>> with offices and technicians that could be onsite anywhere in the US
>> and other countries.
>>
>> If you have any interest, questions, or any kind of feedback, please
>> post to the list or email directly if it is not list material.
>>
>
>
> --
> Alex Balashov
> Evariste Systems
> Web : http://www.evaristesys.com/
> Tel : (+1) (678) 954-0670
> Direct : (+1) (678) 954-0671
> Mobile : (+1) (678) 237-1775

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