Contracts, Billing & assorted questions

[MHL]

When I was 16, I setup a reseller website hosting account with a company. I added about 30 websites to it, and then forgot it existed. They never sent me a bill for my service, and I never billed the clients, as I ususally billed customers based on their invoice. Now they appreoach me with a list of back amounts due, and a total--much over my ability to pay, and threaten all sorts of leagal action, as well as hold the websites and customer data hostage.

I offered to try to pay it over time, maybe in four smaller payments if they would reactivate the sites, or take possession of them. They now have threatened me again.

I do not know what to do. I cannot believe that it could be leagal for them to all of the sudden say they were sending me a regular monthly bill and that I was ignoring it? What company on earth would let an account get 2 years behind? They forgot about me, and now want me to make up for their mistake and they're holding me hostage for it.

 

[Tracey]

Most states have a 6 year statute of limitations on written contracts, so the company waiting 2 years is legal.

However, read the hosting contract and see which state's laws control the contract. Make the host send you a copy. Then check the state laws regarding the ability of infants to enter into contracts. In most states, individuals under 18 are legally incompetant & cannot be bound by any contract they sign. It's essentially a 'get out of contract free' law.

As long as you don't reaffirm the contract or act as if the contract is still in force, you may be able to tell them to piss off. OTOH, if the hosting agreement required you to state that you were 18, and you lied about it, you need to hire a lawyer to check the state laws on that fact pattern (fraud by an infant).

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.