On Tue, Aug 24, 2004 at 05:11:29PM -0700, Mark C. Ballew wrote:

> From what I've seen in the forums, Caker is pretty good about refunds
> and going beyond his TOS, but of course, he could always take your money
> and run according to #5. Not to mention that there are no backups or

You know, what bothers me about it *isn't* the "take your money and run"
issue. One might be able to construe that as a sunk cost. It's that, if
there are charges that *shouldn't* be there (e.g. getting charged for
two linodes instead of one), you might end up paying up to 9 times as
much as the overcharge simply for disputing it--if they chose to enforce
the provision. In addition, what if they kept doing it, even after you
disputed it? Essentially, they're reserving the right to charge you
ad-infinitum, whether it's valid or not, and punishing you if you
disagree.

I imagine a judge could toss that provision, if it got to court. But
then you'd get socked with having to pay their court costs and
attorney's fees (see #15), even if you won.

Now, I'm not saying they'd actually do these sorts of things. Lord knows
it would be terribly bad PR. But is *is* allowed by the TOS.

-- 
Find my Techno-Geek Journal at http://www.codegnome.org/geeklog/

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