Wednesday, October 1, 2014

Those Pesky Terms of Use Provisions - How Bad Can They Be?

In conducting an experiment in the dangers of public Wi-Fi use, a security agency in London set up a free Wi-Fi hotspot.  Customers who signed on were prompted to agree to the terms of use.  One of the terms included was a so called "Herod Clause" where the user agrees to turn over to the Wi-Fi company their first born child for the duration of eternity.  According to the article in the Guardian, six people signed up for the child assignment.

While such a term is obviously not enforceable, this article raises awareness of the types of terms often contained in these contracts that may be enforceable despite being significantly detrimental to the consumer.

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