terms-of-service
What can be put in a website ToS?
<p>Suppose I wanted to make a website and put something absurd in the Terms of Service like this:</p>
<p>&quot;To use the free version of the site, your full legal name must have 20 characters, you must have a pet snake, you must be born on February 29, your age must be an even number, and you must live between 10 and 11 miles of Washington D.C. If you do not meet any of these criteria, you must pay for a premium plan for $10/month.&quot;</p>
<p>Which of these conditions are enforceable (as in I could collect damages from a person for using the wrong plan)? Does it matter whether these conditions are only in the Terms of Service or displayed prominently on the website (or somewhere in between)?</p>
<p>This is a hypothetical scenario.</p>

<blockquote>
<p>which of these conditions are enforceable (as in I could collect damages from a person for using the wrong plan)?</p>
</blockquote>
<p>The validity of the contract does not depend on the outlined conditions being that weird. These weird conditions are merely a way of saying that [almost] everyone is required to pay $10/month for using the website.</p>
<p>What determines the validity of the contract is the issue of whether users knew or [reasonably] should have known the ToS. If the website does not contain functionality toward reasonably ensuring that users become aware of the ToS prior to using the website, it will be unlikely or impossible for the website owner to establish that a contract was formed. In terms of <a href="http://www.oneclubofjusticides.com/p/restatement-second-contracts.html" rel="noreferrer">Restatement (Second) of Contracts</a> at §§ 17-20, users' reasonable <em>misunderstanding</em> would preclude a finding of <em>mutual assent</em> on which contracts are premised.</p>
