Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > CONSUMER & GENERAL PRACTICE LAW > Consumer Contracts, Guarantees and Warranties

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-22-2009, 04:06 PM
Junior Member
 
Join Date: Oct 2009
Posts: 3

Internet web host billing me for extra month, says they need 30 days notice to cancel


What is the name of your state (only U.S. law)? New Jersey

I've been signed up to a web host for some years now, and I wish to cancel. However they are now wishing to bill me in advance for a month I will not use, because they say they require 30 days notice of cancellation. The monthly fee is $99.

This is in their terms of service, but the fine print, which could've said 360 days or 10 years and I can't imagine that would be an enforceable clause if it was so outrageous. I've cancelled with numerous web hosts before and never seen a 30 days notice requirement so it's not industry standard, although not totally out there like a hypothetical 360 day figure.

Do I have any legal recourse on this? Or am I completely obligated to pay?
  #2  
Old 10-22-2009, 04:08 PM
Senior Member
 
Join Date: Dec 2007
Location: Thebes
Posts: 6,108
Quote:
Originally Posted by Eschaton View Post
What is the name of your state (only U.S. law)? New Jersey

I've been signed up to a web host for some years now, and I wish to cancel. However they are now wishing to bill me in advance for a month I will not use, because they say they require 30 days notice of cancellation. The monthly fee is $99.

This is in their terms of service, but the fine print, which could've said 360 days or 10 years and I can't imagine that would be an enforceable clause if it was so outrageous. I've cancelled with numerous web hosts before and never seen a 30 days notice requirement so it's not industry standard, although not totally out there like a hypothetical 360 day figure.

Do I have any legal recourse on this? Or am I completely obligated to pay?

If it is in your contract, you are legally bound, small print or not.
__________________
Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us.
  #3  
Old 10-22-2009, 05:17 PM
Junior Member
 
Join Date: Oct 2009
Posts: 3
Thank you. What if it was something absurd, like 360 days, or a millennium? Are there any laws governing excessive clauses?
  #4  
Old 10-22-2009, 06:01 PM
Senior Member
 
Join Date: Feb 2005
Posts: 3,359
Quote:
Thank you. What if it was something absurd, like 360 days, or a millennium? Are there any laws governing excessive clauses?
Yes, those would generally be refered to as 'unconscionable' terms of a contract. You would have to sue them in court and get a judge to agree with you to get those terms invalidated.
  #5  
Old 10-22-2009, 06:22 PM
Senior Member
 
Join Date: Jan 2005
Posts: 21,746
Quote:
Originally Posted by Eschaton View Post
Thank you. What if it was something absurd, like 360 days, or a millennium? Are there any laws governing excessive clauses?
What if goblins ran over and chewed up the cable to your monitor? What if can be asked all you want - YOUR contract didn't have an absurd number.
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #6  
Old 10-22-2009, 06:39 PM
Junior Member
 
Join Date: Oct 2009
Posts: 3
Quote:
Originally Posted by Some Random Guy View Post
Yes, those would generally be refered to as 'unconscionable' terms of a contract. You would have to sue them in court and get a judge to agree with you to get those terms invalidated.
Thank you.
Quote:
Originally Posted by Zigner View Post
What if goblins ran over and chewed up the cable to your monitor? What if can be asked all you want - YOUR contract didn't have an absurd number.
An oddly aggressive response. Did my pet goblin chew up your mother or something?
  #7  
Old 10-23-2009, 01:00 AM
Senior Member
 
Join Date: Jan 2005
Posts: 21,746
Quote:
Originally Posted by Eschaton View Post
Thank you.

An oddly aggressive response. Did my pet goblin chew up your mother or something?
Aggressive?
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #8  
Old 10-23-2009, 01:06 AM
Senior Member
 
Join Date: Dec 2007
Location: Thebes
Posts: 6,108
Quote:
Originally Posted by Zigner View Post
What if goblins ran over and chewed up the cable to your monitor? What if can be asked all you want - YOUR contract didn't have an absurd number.
No goblins Zig, the menehunes did it. Those little suckers are notorious
__________________
Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 02:01 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.