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

[ladynerdess.livejournal.com]

I think I might know what you're talking about. A woman bought from some company (somethin Gear I think), wrote a negative review about them and they trashed her credit score by calling people. I can't remember who they called to do that sort of damage, but it messed with her family enough where they couldn't buy a furnace for winter, and piled on blankets to keep their baby warm. Last I heard they're suing the company, and people were pretty angry about it.

[mistresswolf.livejournal.com]

I heard about that too. The company tried to zing her with a $3000 charge or something outrageous like that.

Personally, I find that kind of thing in a TOS to be just the same as a "I never do refunds!" clause. They can put it in if they want, but it would never hold up in court.