Question about TOS

[familliaraver.livejournal.com]

A customer agrees to a TOS that states "No reviews, negative or positive, can be posted anywhere for any reason"

Customer has a horrible experience.

Can the artist then sue the customer if such a review was ever posted?

Yes, that's a horrible TOS, I have no idea why anyone would ever agree to it, but should the customer just let it go for fear of being sued or is it a baseless threat.

Comments

[gaturguts.livejournal.com]

I think this would need to be less vague, really.

If the customer is lying and spreading false information, I suppose they could get sued for this, yes? It's slander and such.

But if the customer is warning about a potential scam or con-artist I don't think the seller suing the customer would get very far in court considering they're stealing from people.
I'm not really sure a TOS like this would even stand up in court. Don't customers have a right to share information be it a complaint or not on something they bought?

(Not a lawyer, doesn't know much, just chiming in.)

[exo-formicidae.livejournal.com]

It would probably be different with a Scam/con. Since the artist would then break the contract first - by not delivering what they are paid for. I think this is more if you get what you pay for, but the experience was still a bad one. Then the artist haven't broken the original agreement and it would be unwise to go against their ToS and post a review.