The Enforceability Of Click-wrap Agreements

Contracts have existed for a long time. Contracts have entered a new form in the electronic age with the invention of the Internet. These click-wrap agreements are proving to be more common online. This decision of Hotmail Corporation v. Van Money Pie Inc., et al., C98-20064, 1998 WL 388389 (N.D. Ca., April 20, 1998) was revolutionary, because this is the first case implicitly holding that a click-wrap contract, specifically a "terms of service" e-mail agreement, is valid.

The following questions have been addressed in this article:

What are legal issues surrounding the click-wrap agreements?
How should businesses make sure that click-wrap agreements are valid and enforceable for the sale of goods or for the providing of services such a free Web email?


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