Legal Question in Technology Law in Mississippi

Opening an account and charging fees following a free trial period.

Does a local ISP (internet service provider) have a right to open an account in my name and begin charging me fees following a free trial period, without notification or my consent? Do they have an obligation to tell the customer when the free trial is over and are they are beginning to charge fees? (I signed no papers nor did I fill out any agreements on the Internet.)


Asked on 9/20/97, 3:34 pm

1 Answer from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

ISP contract after trial period

This really isn't a question about technology, but of contract law. I would be pretty surprised if somewhere on the information sheet or verbal conversation when you ordered the trial period, the ISP didn't set forth the terms of the trial period, i.e., how long it would last and what the rates would be thereafter. The form probably also provided that unless you cancelled, your use of the service would amount to agreement to those terms.

Assuming that such information was in there somewhere where you could see it, I don't think a written contract would be necessary, unless there's some special regulation for ISP plans in your state.

Which is why we always say:

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, andyou should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fullyinformed of all the pertinent facts and who is familiar with the applicable law.

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Answered on 9/22/97, 9:08 am


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