internet contract-law terms-of-service
Legality of invoicing a content spammer for advertising fees and enforce such an invoice?
<p>I am wondering if it would be legal for party A to invoice a company which posts spam advertisements on a website owned by party A which has a terms of service prohibiting such unsolicited and unauthorized posting.</p>

<p>Put another way, could party A consider the spam posting (which would have links back to a service or product of the spammer) to be advertising, and then bill the spamming company in the amount of the standard advertising fee and any labor associated with the spam?</p>

<p>I am thinking of it like this: If party A owned a roadside billboard, on which it sold advertising space, and someone without authorization posted their own ads on that billboard, perhaps the billboard owner is entitled to seek remedies for that?</p>

<p>If so, what would the website's terms of service need to include for that to be able to be enforced?</p>

<p>You can seek damages for breach of your terms. This normally starts with a letter of demand. Ultimately you would have to prove the breach and the damage.</p>

<p>Issuing an invoice in such a circumstance <em>could</em> put you in breach misleading and deceptive conduct laws as it presumes an indebtedness that may not exist.</p>
