Legal Question in Technology Law in California

Harassment by America Online

Notified by America Online, my Internet Service Provider, that I have violated their "Terms of Service" agreement which I accepted when I signed up to become a member of AOL. I have done nothing wrong according to the Terms of Service agreement which I am able to read when connected to AOL. AOL representatives have stated to me that AOL has sole right to interpert the Terms of Service agreement as THEY see fit. Is there any legal action I can take on my part, an the other 17 million or so members of AOL to force them to tell us EXACTLY what the Terms of Service are?


Asked on 8/03/99, 9:32 pm

2 Answers from Attorneys
Timothy J. Walton Internet Attorney

Re: Harassment by America Online

You could bring a declaratory relief action asking the court to determine the meaning of the contract terms. Or you could sue AOL for breach of contract.

Di they say which term had been violated?

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Answered on 8/04/99, 5:29 pm
Bruce Burdick Burdick Law Firm

Re: Harassment by America Online

I suspect there is more you are not telling us, like what you did specifically that AOL found improper under their Terms. A breach of contract suit against AOL, followed by interogatories, should draw out what clause they consider to be violated. However, I suspect you already know and it is a matter of interpretation, in which case the court determines whether AOL violated their agreement or not. My guess is you are going to lose this one.

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Answered on 8/09/99, 2:32 pm


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