Legal Question in Technology Law in California

Facebook Disabled Account

Hi,

Exactly on Tuesday, March 24 my

Facebook account was disabled for

posting on someones wall 3

consecutive times. (It was not my

intention to harm anyone or violate

any Terms or Agreements.) Seems

like posting 3 consecutive times

violates the terms of use.

Without warning they disabled my

account and i didn't even receive an

email or warning. I have went to

their ''help'' section about disabled

accounts and it states i have to

submit an email. Well, i've

been sending the same email over

and over again every morning and i

haven't received one reply back. I

have even called them and the

receptionist confirms that i am

following the email procedures.

Well it's now 10 days and nothing.

I have searched on the internet

and have found out that there are

also many people in the same

situation as I.

Their terms of use is an Adhesive

Contract. In addition, it's not like

anyone really reads the contract.

I think it's only fair that i was

warned but i wasn't.

Is there something that can be

done so i can continue with my

account?

Thank you in advance for your

response.


Asked on 4/03/09, 2:06 pm

2 Answers from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

Re: Facebook Disabled Account

businesses generally have a right to "refuse service to anybody", as long as they're not discriminating on the basis of race, gender, etc.

The Facebook service is offered free of charge to people who comply with their terms of service. If you don't, they're not obligated to permit you to continue using the service.

My advice is... contact them once more by email, apologize and ask nicely that they reinstate your account. Do NOT re-send your email every day... that's just being a pest.

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Answered on 4/03/09, 2:41 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Facebook Disabled Account

I generally agree with Mr. Firemark. In addition to what he said, Facebook is required to abide by the terms of use just as its users are. Nothing you have written suggests that it violated those terms. Since you did, it was entitled to cut you off in a manner consistent with the terms of use.

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Answered on 4/03/09, 3:23 pm


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