| This may seem weird, but I believe ToS ae the real problem here. I call it the "car rental" problem. When I rent a car in person, I am often given a contract. And this contract is filled with tiny print, and pages of it. There are often people behind you, waiting, and bored/annoyed people behind the counter, waiting. This is beyond unreasonable. A point of sale contract should be short, in readable text, and understandable. For example, renting a car? Under a page, easily parseable, and if the person behind the counter cannot explain it, it is null and void. From a legal side, you can do this. And you can explain legal terms. Of course this means you are describing intent, which limits one in court, oh boo hoo Mr Lawyer. Cry me a river. Well the same should be true of any retail contract. Sign up for a service? One page with costs listed. At least then, there is hope of an end-user sort of understanding. And as one could claim that a DoS was actually targetting the provider, and not the website, that should be described too. So back to the topic at hand. I would write a demand letter, insistong Netify explain the charges, and ask them if they and their IP ranges were DoS, and if so that the charges be reversed. Because you shpuld not be paying, if someone attacks Netify. This letter should also be sent by mail, sig required, to the corporate address too. |
As someone who reads the agreements I sign, one thing that has become prevalent is that they're so used to people not paying attention to what they're signing that they're sometimes not even giving you an accurate copy to review. For example, you read the thing and think, "Okay, I can work within these parameters," then you sign, and later get an email containing your "agreement", but it turns out what's in the email is a different set of terms with a bunch of stuff that wasn't in the terms you actually agreed to when you signed. Or someone hands you a pad with an "I agree to the terms" box checked beside the signature line, and when you ask to see the terms you're agreeing to, they're caught off guard (being totally unequipped to let you do that), which turns into being flummoxed with how to proceed, which turns into getting angry with you for asking.