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Click-wrap agreements, where the user has to click "I Accept" prior to downloading software, accessing information, or performing any number of tasks online, are typically approached with casualness in consumer-to-business transactions. But with B2B click-wrap agreements increasing, Morrison & Foerster partner John Delaney cautions against such a nonchalant approach. "These are take-it-or-leave-it agreements," he warns. "Companies have to read them as thoroughly as if they were pen-and-ink contracts."

Amazon Web Services, which enables companies to run virtually everything from the cloud, is a noteworthy example. It has a customer agreement under which its customers agree not to sue for patent infringement in connection with AWS-related services. This includes the affiliates, customers, vendors, business partners, or licensors of its customers and prevents "authorizing, assisting, or encouraging any third party to pursue intellectual property-related claims against