Hi All, I have some issues with www.ppiseedbox.info for delivering me the server after 7 days while it should have been done within 2 days. I tried filed a paypal despute to claim a refund after the third day but they responded that I had to agree with a TOS before I could check out and there tos apparantly states that they don't do refunds if they deliver late. (This probably means they had this issue before...) So I went on their website and searched for the TOS and after a long search I finally found it; It was in a very small type underneath the payment option, of course I get distracted by selecting the payment and before I know it I click on submit. This shouldn't be a problem of course as I haven't checked the TOS button, but apparently the TOS button is automatically checked when you load the page! Now here comes my question, Is there any law that states that a TOS button may not be automatically checked by the seller? Thanks in advance
No. As a matter of fact, alot of TOSs say that by just looking at the website you agree to the TOS. Would it hold up in court if you sued them? Maybe not but you need to sue them to find out. Aaron
Well, I doubt it is illegal but it is certainly unethical. Might be worth sharing your experience on Web Of Trust.
The Wikpedia info on click-wrap licenses might be relevant for you: http://en.wikipedia.org/wiki/Clickwrap I looks like the courts have usually upheld such agreements.
Sorry. I agree with everyone else. By using their site, you've agreed to the Terms of Service and it doesn't matter who clicked the box or how small the print is... I don't agree with how they're using their TOS, but it looks like you're stuck... Deena _________________________________________________________________________ Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.