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What about sites that let you edit the EULA box? »
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Kaltes
Premium
join:2002-12-04
Los Angeles, CA

reply to Jason Levine
Re: Legal?

said by Jason Levine See Profile:

Well, those checks aren't payment for services rendered. In that case, the check is a waiver of some entry fee. E.g. It costs $20 to sign up so here's a check for $20 and we'll sign you up when you cash it.

In the article's case, this is payment for services rendered. He's used their service for the last month and is being billed for it. He owes them a debt and must pay it up. He can't stipulate terms at this point. Would you eat a meal in a restaurant and try to haggle over the price when the bill comes?
#1. He is paying in advance, not after. Everyone bills in advance now. It would be very unusual to do anything else.

#2. He has the right to attempt to renegotiate the contract as a condition of payment. Businesses do this all the time. It leads to something in contract law called "the battle of the forms" where companies send eachother inconsistent contracts.

#3. The ISP has the right to refuse to accept his check and disconnect his service. If the ISP accepts his checks then they are bound to his terms in the same way you are bound to the TOS changes they include with your bill.
Forums » Make ISPs Read YOUR Fine PrintWhat about sites that let you edit the EULA box? »
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