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

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Eschaton

Junior Member
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?
 


Antigone*

Senior Member
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.
 

Eschaton

Junior Member
Thank you. What if it was something absurd, like 360 days, or a millennium? Are there any laws governing excessive clauses?
 

Some Random Guy

Senior Member
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.
 

Zigner

Senior Member, Non-Attorney
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.
 

Eschaton

Junior Member
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.
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? :)
 

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