Well, I just picked an arbitrary deadline that would be acceptable to me. But I see your point. OTOH, they can't just be forced to host the site forever in the event that they want to shut it down, so what is your counter-proposal for a reasonable ToS in the event of a site shutdown?
As I said: If they really discontinue the cool service and can't (legally?) keep up the site for cash out only, I would expect to see some manual processing to kick in that would also be ok to cost a certain fee.
If they post before hand that 90 days warning is their policy can you use the service and still complain?
I'm not sure I understand you right but if by time of my deposit their policy is 90ms warning, I can't complain to see my money gone, no (assuming this is not hidden in some gray on gray small print).
For now they confirmed to not have a policy at all and I assume "some" law would kick in.
Also, $10 fee? So it is ok with you to take all of the small deposits?
No. Everybody should be able to reclaim his belonging at a reasonable processing fee for manually sending the coins somewhere. I assume that what you take for "small deposit" might be worth a fortune when hundreds of old nerds pay hundreds of dollars to recover data from that old backup drive no recent computer has adapters for, so the instawallet group's call center fee should be the least of their worries. By then 10$ might not even be enough for a phone call

... hmm ... dreaming again
Ok, makes sense. Ideally, some way to reclaim the funds, even if it is a manual process, would be preferred.
I don't know what you mean by "some law" would kick in. There's no laws about requiring a company to provide access to digital files in the event of a shutdown, as far as I know. Correct me if I am wrong.
As another example, if you fail to pay the rent on a storage unit, your stuff cannot be reclaimed after it is auctioned off. There has to be a reasonable cutoff of time where the entity storing your stuff is no longer responsible for it. You shouldn't expect instawallet to continue to provide you access to your coins, even manual access, for the rest of your lifetime.