Validity Of A Click-wrap America Online Agreement

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. The plaintiff in Groff v. America Online, Inc., 1998 R.I. Super. LEXIS 46 (Super. Ct. R.I., Providence May 27, 1998) (C.A. No. PC 97-0331), objected to the the enforceability and terms of AOL's clickwrap license. The rule of this case is that a party who signs a legal instrument manifests his assent to it and cannot later complain that he did not read the instrument or that he did not understand its contents. The plaintiff had signed the agreement by clicking 'I agree' not once but twice. The court therefore found that this user was bound to the terms of this agreement with America Online (AOL).

The following questions have been addressed in this article:

What are legal issues surrounding the click-wrap agreements?
How can a business ensure that a click-wrap agreement will be upheld?


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