Browsewrap contracts: What they are and why they matter
As you browse the internet, you may have noticed that many websites have terms and conditions that you must agree to before using the site. These agreements are called browsewrap contracts, and they play an important role in online legal agreements.
What is a browsewrap contract?
A browsewrap contract is an online agreement that sets out the terms and conditions of using a website or app. Unlike a clickwrap contract, which requires users to actively click a button to agree to the terms, browsewrap contracts are typically found via a hyperlink or button located at the bottom of a web page.
When users access a website that has a browsewrap agreement, they are deemed to have “accepted” the terms simply by using the site. This means that users are bound by the terms of the agreement, even if they didn`t read them or click on the hyperlink.
Why are browsewrap contracts important?
In the past, browsewrap agreements were often viewed as less enforceable than clickwrap agreements. Courts were hesitant to enforce browsewrap agreements because they believed that users might not realize that they were bound by the terms simply by using the site.
However, in recent years, courts have become more willing to enforce browsewrap agreements, provided that certain requirements are met. For example, courts generally require that the hyperlink to the browsewrap agreement be prominently displayed and that users have actual or constructive notice of the terms.
In addition to being more enforceable, browsewrap agreements can also be more convenient for both users and website owners. Unlike clickwrap agreements, which can be burdensome and time-consuming to click through, browsewrap agreements allow users to quickly access a website without having to go through a cumbersome acceptance process.
How can website owners create effective browsewrap agreements?
If you`re a website owner, there are several steps you can take to ensure that your browsewrap agreement is effective and enforceable:
1. Make sure the hyperlink to the agreement is prominently displayed on your website. Users should be able to easily find the hyperlink without having to search for it.
2. Use clear and concise language in your agreement. Avoid legalese and technical jargon that might confuse users.
3. Consider using a pop-up notice to alert users to the existence of the agreement. While not strictly necessary, a pop-up notice can provide additional notice to users and may help to ensure that they are aware of the terms.
4. Regularly review and update your agreement to ensure that it complies with current legal standards.
In conclusion, browsewrap contracts are an important tool for website owners and users alike. By creating effective browsewrap agreements that are easy to understand and enforceable under the law, website owners can protect their interests while providing users with a streamlined and convenient online experience.