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Comment by codedokode | Hacker News Reader

Isn't it nice if ToS is legally binding?

1. Make a website and write somewhere in the middle of ToS that visitor must pay $1000 (for example) for every page viewed or for every second spent on a site

2. Persuade him to press "I have read and agree to the ToS" and to stay as long as possible

3. Send a bill

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I was thinking I'd add a header to all my HTTP requests:

    X-Terms-of-Service: This HTTP request is subject to the terms of use published
      at https://example.com/tos. By responding to this request you are accepting 
      these terms and conditions in full.

Make sure you also say "... and agree that these terms and conditions supercede any other agreements between us."

[Edit: IANAL.]

Then at what point does something become binding on the Internet? Most of my financial work over the last year has involved e-signed contracts. I typed my name and the date, certifying I had read and understand the contract - the difference between that and certifying that I've read the ToS via a checkbox seems arbitrary.

In EU this would be treated as a shrink wrap EULA. Those are generally not considered binding.

Click wrap is different and some may be considered binding.

(Caveat: IANAL)

Something (tongue-in-cheek) like this actually already happened [0], where users granted the website their immortal soul.

[0] http://www.out-law.com/page-10929

Unfortunately for your hypothetical website owner, this is extortion, which is a real crime.

How is that any different from any other ToS? How do you define extortion?

I don't think so. I just sell a non-exclusive license to view copyrighted images to the visitor for $1000 each with delayed payment. Totally legal.

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