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Tim Cushing lists this under the self-inflicted-reputation-wounds-are-surprisingly-pricey dept.
Geek gadget also-ran KlearGear gained internet infamy thanks to the following paragraph tucked away on its "Terms of Sale and Use" page:
In an effort to ensure fair and honest public feedback, and to prevent the publishing of libelous content in any form, your acceptance of this sales contract prohibits you from taking any action that negatively impacts KlearGear.com, its reputation, products, services, management or employees.
Tacked onto this absurd redefining of "fair and honest feedback" was a $3,500 fee. This was [leveled] at a couple who complained about the non-delivery of products it had paid for. This went to court, and the couple was awarded over $300,000 in a default [judgment] when KlearGear no-showed.
For the most part, this would seem to be a cautionary tale--something other companies would take into consideration when crafting their own terms of service. But some companies are still apparently willing to dance with the Devil Streisand by including onerous fees tied to the phrase "fair and honest feedback." Not only will the enforcement of this clause likely result in large amounts of public shaming, but in some states, this may actually be illegal.
In the interest of discouraging future KlearGears from dragging their customers' credit ratings through the mud in response to bad reviews, we present a list of companies that still maintain similar clauses on their websites, along with dollar amounts demanded if this clause is violated.
(Score: 5, Insightful) by frojack on Thursday December 18 2014, @09:45PM
People who start a business and then try to tack on such restrictions have probably already had a prior business taken down by un-happy customers.
The fact that so many of them start with similar wording "In an effort to ensure fair and honest public feedback, and to prevent the publishing of libelous content" suggests there is some scammer's bible floating around out there where these people get this stuff.
(Googleing that exact phrase in quotes shows 25000 hits. Many are news or blog posts about the practice but a great deal of them are actual companies (some even Amazon affiliated sellers) who are attempting to impose that language.)
Somebody is counseling these companies to try this tactic, and I suspect it is some of the "Reputation Management" companies you see advertising on late night tv.
No, you are mistaken. I've always had this sig.