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Terms of Use: The Rules Have Changed
Information Today - Medford
Subjects: United States; Litigation; Internet services industry
Author: Mirchin, David
Date: Oct 2007
Start Page: 1
Pages: 2
Abstract (Document Summary)

Virtually every commercial and noncommercial Web site has Web site "Terms and Conditions," or Terms of Use. Many cases in the US have ruled on the enforceability of "clickwrap" licenses -- those licenses where you click the "I Agree" button, which have been overwhelmingly found to be enforceable by both US federal and state courts. In mid-July, the 9th Circuit handed down the first clear guidance on the issue of enforceability of revised Terms of Use, which should be taken into account by Web site owners considering revisions to their Terms of Use. Here is the new rule: If you want to change your Terms of Use, you need to provide actual notice to users of what those changes are. The court essentially held that one party may not unilaterally change a contract without notifying the other party.

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