Legal Question in Business Law in Nevada

Validity/Enforceability of a Company�s Terms of Service

A couple months ago I signed up for colocation services with a company. Because of poor service I canceled my service. The company states that service was not cancelled according to their terms of service, that I must pay the next month's fees, and that my equipment will not be returned until payment is received.

When signing up for service, all communication was via email and no signup form was used to complete the transaction. During our email conversations I was not presented with a Terms of Service nor was I given an option to accept a terms of service. When I addressed this with the company the response received was, �by signing up and paying for service, you are party to an implied contract.�

There is a terms of service link on their web site. Is merely having a link on the web site enough to bind me to this agreement? On the invoice and throughout the entire payment process no reference is made to their Terms of Service.


Asked on 2/08/09, 8:26 am

1 Answer from Attorneys
James Smith James E. Smith Ltd.

Re: Validity/Enforceability of a Company�s Terms of Service

It is important to read the Terms Of Service on web pages for both products and services. A terms of service agreement is enforceable even though you do not sign it unless it involves real estate or the statute of frauds.

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Answered on 2/08/09, 12:30 pm


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