Enforceability Of Browse Wrap Agreements

In „I.Lan Systems v. Netscout Service Level“, a dispute arose as to whether I.Lan is subject to the terms of a clickwrap contract. A district court in the Northern District of California found that the plaintiff did not assert that a contract had been entered into because beyond the existence of a hyperlink, there were no other allegations that the defendants had indicated that the mere use of the website was interpreted as consent to the terms of use. In particular, the applicant did not assert either the size or font of the link, the central or obvious position of the link on the site, or the text of the link.21 Consequently, the applicant`s Browsewrap agreement did not bind the defendants. . . .

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