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4 J. Tech. L. & Pol'y [245] (1999)
Maximizing the Enforceability of Click-Wrap Agreements

handle is hein.journals/jtlp4 and id is 245 raw text is: Journal of Technology Law & Policy Volume 4 Fall 1999 Issue 3 Published by Students at the University of Florida Levin College of Law Return to Table of Contents 11Comment on an Article Maximizing the Enforceability of Click-Wrap Agreements By Francis M. Buono and Jonathan A. Friedman MJ Cite as: Francis M. Buono and Jonathan A. Friedman, Maximizing the Enforceability of Click-Wrap Agreements, 4.3 J. TECH. L. & POL'Y 3, <http://journal.law.ufl.edu/-techlaw/4-3/friedman.html> (2000). TABLE OF CONTENTS I. THE IMPORTANCE OF CLICK-WRAP AGREEMENTS II. TYPES OF CLICK-WRAP AGREEMENTS Ill. ENFORCEABILITY OF CLICK-WRAP AGREEMENTS IV. RECOMMENDATIONS TO ENHANCE THE ENFORCEABILITY OF CLICK-WRAP AGREEMENTS {1} A click-wrap agreement is an agreement, formed entirely in an online environment such as the Internet, which sets forth the rights and obligations between parties. The term click-wrap is derived from the fact that such online agreements often require clicking with a mouse on an on-screen icon or button to signal a party's acceptance of the contract. Among other things, click-wrap agreements are used to: (1) establish the terms for the download and use of software over the Internet; (2) set forth a Web site's Terms of Service, i.e., the rules by which users may access the Web site or a portion of the Web site such as a chat or message service; and (3) establish the terms for the sale of goods and services online. I. THE IMPORTANCE OF CLICK-WRAP AGREEMENTS {2} Click-wrap agreements are intended to substitute for direct bargaining between parties in an online environment and can be used in a wide array of applications. It would be inefficient, if not impossible, for example, for a Web site owner or other online service provider (OSP) to bargain with each person who visits its Web site. Accordingly, the Web site owner may instead place an agreement (the click- wrap) on its Web site and require visitors to assent to the terms of the agreement in order to access the site, download software, purchase a product/service, and so forth. A click-wrap agreement may, for example: (1) put users on notice that the material contained on the Web site, as well as any software downloaded from that site, is proprietary; (2) impose limitations on the use of the site and the

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