By Douglas T. Tsoi1, Jorge L. Contreras2, Jr. and Kenneth H. Slade3
Introduction
Click-wrap agreements (sometimes called "click-through"; "click and accept" and "web-wrap" agreements) are agreements formed over the Internet. In some cases, an end-user can download a software product or electronic content only after "clicking and accepting" on license terms. In other cases, registration for an online service or purchase of tangible goods requires acceptance of such an agreement. Internet users have become familiar with screens flashing legal terms and requiring the clicking of an "I accept" button before such goods can be ordered, services procured, or information accessed. The Internet user must indicate his assent to be bound by the terms of the offer via express conduct -- typically the act of clicking on a button stating "I agree" or "I accept." No paper record is generally created nor is the signature (electronic or paper) of the Internet user typically required.
