Complaint Review: Magic Jack - h Internet

I bought the magic jack with 5 years of service last year to expire 2013.  I was out of the country for 2 months and when I got back my Magic Jack wasn't working.  I tried accessing my account and couldn't.  I then chatted with a rep to see what the problem was - I actually thought maybe my service had expired earlier than i thought.  I was actually advised that I had violated their Terms of Service by excessive dialing or total non-use for 90 days which neither case is true and that's why my service was suspended.  I asked for the rep to supply me with supposedly all the calls that I made and she said she wasn't able to do that (nor mind you can I access my account).  As a result of this 'violation', my phone was canceled and money was not refundable.  I had even put in extra money for international calling and was told that could not be refunded either (which in my opinion has nothing even to do with the 5 year service).  I said there must be some mistake, maybe it was virus that got in or a mistake on their part.  She said no but would not give me the call details.

My conclusion - this company does this on purpose to recoup more monies from innocent consumers.  Why would you even have a condition for excessive dialing or not even using the Magic Jack unless they planned it this way to take advantage.  Oh and if you don't use the Magic Jack for 90 consecutive days, they can terminate you - how ridiculous is that?  Company is a scam.   They just pick people, suspend their service and keep the money. Funny but I never had problems with use of the actual device.
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Below are my actual chat sessions (and one also disconnected me quickly from the chat session):

Your Issue ID for this chat is LTK5XXXXXXX
Honey: Hello, how may I help you?
VL: Hi - what happened to my magic jack? I cant make any more calls?
Honey: Hi there, VL.
Honey: Let me assist you with that
 
Honey: Please wait while I check that for you
Honey: Thanks for waiting.
Honey: May I have your magicJack number, please?
 VL: Okey dokey 305 XXX XXXX

Honey: This phone number (305) XXX-XXXX has violated our Terms of Service. Please refer to Section 6, Proper Use at www.magicJack.com/TO
 
VL: I dont understand. Can you give me an overview of what this is about?

Honey: Under 6. Proper Use it says "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. We reserve the right to reclaim any telephone number that does not make a call for a consecutive 90 days. In the event we reclaim a phone number and your software license is still active, you may choose another phone number."

VL: There must be some mistake because I dont use the magic jack that much at all. I have also been out of the country for only 2 months for which I haven't made calls. Could someone else have gone into my account? I cant even access account details? Can you provide detailed info?

Honey: fully understand how you feel. Unfortunately, there's nothing we can do for it as this kind of process is system generated. Once our Terms of Service is violated your magicJack service will automatically be suspended. There is nothing you can do to reverse the action either.
 
VL: So my number has been given to someone else? I am not even sure what I violated and you're not giving me any details. Are you sure it's not a system error on your side?

Honey: There was a TOS article called "magicJack Device and Software, Terms of Service and Software License Agreement" that was presented to you on the third window of the registration process. The wizard will not allow you to proceed to the next window by hitting the orange button at the bottom that says "Next" without you checking on the box that says "I have read and agree to the Terms of Service.", which signifies and tells us that you have thoroughly read and agreed with the terms indicated in the document. Activating a service with magicJack will always involve agreeing to the TOS.
 
Honey: When you plug the magicJack into your computer for the first time you were taken to the registration page to get a new number. On the third screen/dialog box of the wizard you were asked to read the TOS article entitled "magicJack Device and Software, Terms of Service and Software License Agreement". It is impossible to proceed with the process and hit next unless you checked on the box at the bottom that says "I have read and agree to the Terms of Service." Activating a magicJack service requires agreeing to the TOS, which you did.
 
VL: Well i cant access my account. Can you give me last 90 days because I'd like to see what I've done to have my service suspended. Also, until when was my service supposed to be effective 5 years?

Honey: One moment please...
Honey: 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 'Hazel'
Your Issue ID for this chat is LTK5540XXXXX
Hazel: Hello VL
Hazel: i will be assisting you today
VL: ok thanks
Hazel: Is this your magicjack phone number XXXXXXX?
VL: yes
Hazel: Please wait while I check that for you
Hazel: Thank you for holding
Hazel: It seems you violated one of our terms of service. Please check this out.

Hazel: Please click here and read TOS#6

VL: That's what I was told by previous rep but I don't do many calls and I have used the phone within last 90 days. I cant access my account details / can you provide to me? Perhaps someone got into my number?

VL: Until when was my phone number paid for?

Hazel: That information is no longer available as your service was being disconnected on 07/04/2012

VL: How long was my phone paid for - 4 or 5 years?
VL: XXXXXX

Hazel: You have 5 year plan in your account so maybe the service could be up until 2013.

VL: Yes that's what I thought. I will take this up with Better Business Bureau. i am accused of something that I didn't violate as I never made excessive calls. I have also been out of the country for the past 2 months for which I haven't made calls but it's not in excess of the 90 days. Strange that your company cannot provide me with the proof nor can I access my account information. This looks like a setup to buy
another magic jack.

Hazel: Did you bring the device with you?

VL: No - left it home plugged into my computer and there was no one able to get into my home. The only thing i can think of is that somehow this was hacked into.

Hazel: It seems someone is using the service

VL: How if the device is in my computer? I was out of country from 6/18 to 8/21. Do you see a pattern on anything?