As we know all too well, nasty sneakwrap terms can lurk in the most unexpected of places. But when the vendor has already demonstrated an inclination to deceive, it's best to expect the worst.
Several of my readers are big fans of Small Business Server consultant Susan Bradley's weblog on SBS and related issues. "She has really produced one of the most timely and informative blogs on the subject, and her prolific work has been a huge benefit for the SBS community," wrote one Bradley fan. "So I was exceedingly offended by the fact that someone was using a rather sleazy method of drawing business to his site based on her hard work and stellar reputation."
The reader was referring to a recent Bradley story in which she related her surprise at the results of a Google search on her own name. At the time, the search displayed a Google sponsored-link ad for "Hey Susan Bradley SBS Fan." The link in turn led to a "Small Business Computer Consulting" webpage with a picture of a smiling woman some might assume to be Bradley. But it wasn't, and in fact she had nothing to do with the site the Google ad linked to. While the Small Business consulting page did not make it clear, it was actually part of a computer consulting site run by a Joshua Feinberg.
Being a GripeLog devotee as well as a Susan Bradley fan, the reader decided to look for clues as to just what kind of operation Feinberg was running. "I mused that someone who would stoop to such unethical behavior might just have a few choice items posted on his website," the reader wrote. "Sure enough, Mr. Feinberg, the proprietor of ComputerConsulting101.com, did not disappoint me. Check out the link to his Terms of Service at the bottom of the page."
Feinberg's terms had many of the standard sneakwrap atrocities, such as his right to change the terms of the agreement at any time just by changing them on his website and overreaching claims that all submitted information becomes his property. Such stuff seems all the more sinister when you consider that some visitors could have filled out the web form with their name, e-mail address, etc. in the mistaken belief that they were dealing with Susan Bradley. But the terms that really caught the reader's eye and mine were these:
Payments and Fees
Credit cards that are declined for any reason are subject to a $1.00 declination fee. Accounts not paid by the due date are subject to a $7.95 late fee. Accounts that are not collectable by Computer Consulting 101 may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure as outlined on the product or service's main Web page.
Refund and Disputes.
If you dispute a charge to your credit card issuer that, in Computer Consulting 101's sole discretion is a valid charge under the provisions of the product guarantee, you agree to pay Computer Consulting 101 an "Administrative Fee" of not less than $50 and not more than $150. If you desire to return your product, you agree to follow the proper procedures described on the product's main Web page.
Even as outrageous sneakwrap terms go, that's pretty much over the top. "Just when you think it can't get any better, it does," wrote the reader. "You are deemed to agree to pay a disputed charge even if Feinberg alone determines that it is a valid charge? Forget about your determination or that of the credit card issuer. They don't mean a thing at this company. Talk about chutzpah!"
Of course, what makes these terms particularly bad is the possibility that the customer might have been deceived as to what they were buying and from whom they were buying it. It's bad enough when vendors use hidden "agreements" they know you won't read to try to impose one-sided and unfair terms on a deal. If you have to check the sneakwrap just to see who you're actually dealing with, even those deserving of your trust will be at constant risk of losing it.
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8:55:07 AM 
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