I am wondering if it would be legal for party A to invoice a company which posts spam advertisements on a website owned by party A which has a terms of service prohibiting such unsolicited and unauthorized posting.

Put another way, could party A consider the spam posting (which would have links back to a service or product of the spammer) to be advertising, and then bill the spamming company in the amount of the standard advertising fee and any labor associated with the spam?

I am thinking of it like this: If party A owned a roadside billboard, on which it sold advertising space, and someone without authorization posted their own ads on that billboard, perhaps the billboard owner is entitled to seek remedies for that?

If so, what would the website's terms of service need to include for that to be able to be enforced?

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    Please state the jurisdiction. Usually, "invoicing" would suggest that the other party owes money under the terms of a contract, and there can't be a contract if both parties didn't agree. – Nate Eldredge Feb 6 '16 at 17:00
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    What if the fact that spammers will be invoiced is in the TOS, which is prominent and agreed to by the user by using the site? – GWR Feb 6 '16 at 23:27

You can seek damages for breach of your terms. This normally starts with a letter of demand. Ultimately you would have to prove the breach and the damage.

Issuing an invoice in such a circumstance could put you in breach misleading and deceptive conduct laws as it presumes an indebtedness that may not exist.

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