Just how low can software publishers go in hiding the true nature of what they're selling deep in the fine print of their sneakwrap terms? An outfit called Manay Software is testing those limits of those murky depths with what appears to be a EULA-sanctified bait and switch scheme.
I first wrote about Manay back in a November story in which a reader complained how the company's "free software" offer turned out to be bogus. Manay's trick at the time was to charge $20 shipping and handling for the "free" CDs but promised a $20 cash-back rebate -- a rebate that turned out to have many expensive and privacy-invading strings attached in its fine print. Over the last few months, however, a recent flurry of messages to the GripeLog indicates that Manay has changed its tactics somewhat.
The rebate offer is gone, replaced by a seemingly reasonable $4.95 shipping charge for the four "free" CDs of your choice. "I've just been had by Manay Software," wrote one reader. "When I gave my Visa # it was supposed to be for a $4.95 shipping charge. Instead, I was billed $44.85 for 4 CDs I didn't order and didn't want. So far, I have been billed for the original $4.95 in April, and $39.95 in mid May and have not received a thing for my money. When I called them, I was told I had to send an e-mail to them in order to even find what I had supposedly ordered. To be sure, this 'company' is just a rip-off!"
Other readers discovered the source of that extra $39.95 charge. "Buyer beware!" a reader posted on my website. "Manay has other advertisements in cyberspace that will dig into your pocket. They promote the set of four CDs for free and buried at the very bottom of the 'Terms of Use' -- which is itself in very small print at the bottom of their home page -- is the stipulation that if two CDs are not returned within ten days of receipt, then your credit card will be billed $39.95. Getting a refund is impossible as the customer reps can only be reached by email, and they won't hesitate to hit you with the fine print."
Not only will customers fail to discover that they have to return two of the "free" CDs if they don't read deep into the fine print, but Manay's terms contain another surprise. "According to the same section, you also agree to become a member of their service so they can continue charging you $20 a month," another reader wrote. "You have to opt-out from the membership or they'll continue sending you two more CDs of who-knows-what software 'every four to five weeks,' as they say. So by clicking OK to a $4.95 shipping, I've actually given them the right to bill me for the rest of my life, which is probably how long it will take me to get them to drop my 'membership' in their racket."
So let's review what's going on here. Manay's advertisements and website promises its victims - oops, I mean customers -- a "special limited time" offer for "free home and Office CDs" or "free children's software CDs" for a $4.95 shipping charge. Since much of the software on the Manay CDs consists of older versions of Open Office or other open source software that can be downloaded for free anyway, it's hardly a too-good-to-be-true deal to start with. But that's not the real deal Manay is offering. More than a thousand words deep into what otherwise seems like your standard EULAese, Manay's Terms of Use document has this section:
"7. Membership and Billing. MANAY provides numerous products, services, and software in connection with its business. With respect to software provided hereunder, there is a shipping and handling fee for the initial four (4) CD software set. You may keep any two (2) CD's free of charge. The other two (2) CD's not selected are yours to evaluate during a ten (10) day trial period. If for any reason you decide to return any two (2) CD's, you must visit our web site at http://www.manay.com/CD2017.html or http://www.manay.com/cancelorder.php on or before the 10th day of the aforementioned trial period and follow the instructions at such web link to indicate your intention to return two (2) of the CD's, and you will not be charged for the 4-CD set. If you elect to keep all four (4) CD's or you otherwise fail to comply with the foregoing instructions regarding cancellation, you will be billed the discounted price of $19.95 (which is up to 80% off the store price) for each of the two (2) evaluation CD's you decide to keep after the 10-day trial period. Every four (4) to five (5) weeks, MANAY will deliver to you another two (2) software CD's, and you will be billed at the above-stated discounted rates; however, the 10-day trial period will not apply to any delivery of CD's following the initial four (4) CD's delivered as stated in the first paragraph of this Section 7. You may cancel your membership with MANAY at any time by visiting our web site at https://www.manay.com/CD2017.html or http://www.manay.com/cancelorder.php and filling out the appropriate cancellation information therein contained. "
As near as I can tell, nowhere else on Manay's website does it even hint at the requirement to return two of the CDs or the book-of-the-month-club type membership. The readers who had fallen prey to this sneakwrap rightfully wondered how this could even be legal. If Manay can do this, why can't they also bill your credit card for $4,000, or put a lien on your house, or auction your first-born into slavery? Do we all have to consult with a lawyer just to buy a bargain-bin CD?
Of course, I have no interest in hearing Manay's answers to those or any other questions. But I am curious how those in the software industry who defend the sanctity of all EULAs as binding legal contracts would respond. So whichever of the Manay sides of sneakwrap you're on, let's hear your comments. E-mail me at Foster@gripe2ed.com or post your comments here.
1:28:46 AM 
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