Is This Artist Cancellation with No Refund Clause Legal?

[sawblade5.livejournal.com]

I came across an artist that I am following on FA which made a recent change to their TOS. They now added a clause on Harassment. If you Harass the artist they will cancel your commission with no refund at all. The rational is kinda vague and they operate on a 3 strikes policy. They say they will answer any questions on your commission, but the vague part is here: "We will not tolerate being constantly messaged, contacted, e-mailed, etc. about your commission."

So what do they consider constantly messaged, contacted, e-mailed, etc? Is it Once a year, once a month, once a week, once a day?

What keeps them from saying my message would be considered harassment to give them an excuse to take my money and run?

So is this even legal at all?

I sure hope that more this doesn't become a trend on scape goats to take our money and run for more artists.

Comments

[ducttapeninja.livejournal.com]

^This, exactly. The client is paying you for a fursuit, and until you finish that the money isn't actually yours to immediately spend on other things. If you cancel, you owe them a refund on the work you didn't do. To do otherwise is blatant theft.