Submission + - AT&T Phone Service EULA
First, section 6 reads more like a software disclaimer than a utility agreement. The full section (converted from all upper-case):
6. Disclaimer of Warranties
The services are provided by AT&T on as "as is","as available" bases without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties or merchantability or fitness for a particular purpose or otherwise, other than those warranties (if any) that are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement, all such warranties being expressly disclaimed. AT&T does not authorize anyone, including but not limited to AT&T employees, agents, or representatives, to make a warranty of any kind on AT&T's behalf, and you agree that you will not rely on any such statement. AT&T does not warrant that any services will be uninterrupted or error free.
I don't expect completely uninterrupted service — murphy's law assures that things will sometimes break down — but in my mind a warranty means that when their service breaks down, they will fix it. This section however seems to indicate that they are waiving any responsibility to fix problems that arise.
The next section which looks suspicious relates to the recent congressional debates about telecom immunity in unauthorized wiretapping. From section 9. Dispute Resolution by Binding Arbitration:
Notwithstanding the foregoing, either party may bring an individual action in small claims court, or make a complaint to the Federal Communications Commission or a state public utilities commission if the claim is within the court's or agency's juristiction. You agree that, by entering into this agreement, you and AT&T are each waiving the right to a trial by jury and to participate in a class action.
Sorry I don't have a link to the full text of the agreement on the Web; I can't seem to find it on AT&T's web site. I just have the printed notice. The latest notice on AT&T web site (as of January 1) has similar wording to the above. Is this standard operating procedure for telcoms?"