Hello,

My son been using Dialtoneinternet.com, they keep charging my son about $289 per month. My son been using it for like 3 month now and finally he cannot afford to gave pay DI $289 every month. My son didn't aware that he have to stay with Dialtoneinternet's contract for 6-whole month.

Now he want the contract to ended, how can a 16 year old boy signed a contract with Dialtoneinternet.com? Dialtoneinternet.com didn't notify me anything about the contract. I know this doesn't make any senses but is there anyway to get out of the contract?

I don't know much about dedicated server or anything a friend of mine referred me here to get some information and I'm currently using his user's(confused).

If the company keep making my son pay? Should I put a lawsuit against the company to tricking a minor into this problem? Please let me know.

Forget about suing them over tricking your son into signing a contract or misleading him about a six month committment. Their terms are clear as far as that. No one forced him into doing business with them. It's not their fault he can no longer afford to pay it. What was he thinking?

You could proably get him out of it since a contract with a minor is unenforceable. However, that is a legal rememdy, not an ethical one. You might do him a greater service in teaching him responsibility for his actions by having him pay for the 3 remaining months on his contract.

Its not a problem, in fact it is illigal to draw up a contract with a underage person, they would have no legal grounds to stand on, I would simply email them on your behalf advise them of the situation, but be polite. If they give you any trouble, point them to the section where it states that contracts are not enforcable to minors.

Parents are responsible for the action of their children. If they purchase something and can not pay, the parent becomes responsible. It's just like a teenager who called the sex phone numbers and racks up many hundreds of dollars in bills. The parent is still responsible. Therefore you are legally responsible to complete the contract.


[Edited by Racin' Rob on 12-21-2000 at 10:32 PM]

quote:
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Parents are responsible for the action of their children. If they purchase something and can not pay, the parent becomes responsible. It's just like a teenager who called the sex phone numbers and racks up many hundreds of dollars in bills. The parent is still responsible. Therefore you are legally responsible to complete the contract.
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Which law states that parents are responsible for the action of their children...can you please tell us Racin' Rob

thanks
Cheers
Sachin

This is very true in some cases. Parents have had to face the consequences of their children who killed another person. They didn't properly lock the weapon up, and thus were responsible.

If you actually think you aren't responsible for the actions of your children you are mistaken. There isn't one specific law regarding this, but I assure you, you can be held liable for certain actions of your children.

I agree that a polite letter explaining the situation would probably result in cancellation of the contract. You should just try honestly explaining the situation first, and consider legal action second (if that fails).

Sachin,

The law applies to many countries in the world. Until a certain age (15 to 18), parents are responsible for the actions of their children (their 'minors') and thus they can be held responsible if their children commits a crime. However, this is usually not the first course of action.

It may be true a parent is responsible for their children, BUT the entire contract is null and void since the leasee is a minor. He basically under service without a contract and Im sure DI knows the law and when you bring it to their attention they will let you out of it. They have some really good people working over there.

May be Jag is right, whats the loss in writing to them, I think they will agree if they have any sensible people out there working with them, so its not a bad idea to write them and see what they say...

Cheers
Sachin

The only way a parent can be held responsible is if there was a way for the parent to stop a illigal acction from being taken. In this case the only illigal action was taken part by ***** who entered into a binding contract with a minor. The father can not be held resposible.

Even when DialTone does not allow you to terminate
the contract early, you may want to ask them if they
have a cheaper server for your son - something in the
$99-$149 range, which your son might be able to afford.

I have had a server with DI from March to September
this year. When I cancelled my server in September
stating I didn't have enough money to continue hosting
with them, I got a call from them.

Which kinda surprised me, as I live in the Netherlands,
and they're located in Florida! Anyway in that call they
informed me that they have cheaper servers for people who
can't afford their current server anymore, so they can
keep you as customer.

Just my 2 cents...

I wonder, how is the 16 yr old boy making the payments? Credit Card/Cheque??? I thought one could not have a credit card at the age of 16?

It is possible to hold 'debit cards' in place of credit cards for minors in some states and countries.

hmmm... but who puts the cash into the bank account? The son himself?

A debit card can act like a credit card in that you already have a 'limit', and you use it just like a credit card (except that it comes out of your 'savings' account).

Of course, that may not be the case here.... It does sound very unusual.

/me looks around.

um, who are the 'you kids'? by all appearances, it was the kid's father who made the original post, and everyone else is just discussing the situation. take it easy. probably everyone here can think of a situation where they got a hard lesson in responsibility. save the flames for usenet. :)



[lurk, lurk]

Greg, loosen up a little will ya. Dun be so uptight and rude please?

The answer to this is very simple.. A company or another person cannot engage in a legal contract with someone under 18. The contract is null and void and once they become aware of this they will stop billing you and you are entitled to your money back. On our contracts that must be "signed" the first line reads "You must be at least 18 years old to engage in this contract". The problem is.. All these other hosting companies are so quick to sign people up they do not make them sign any contract.