Originally Posted by Jalandar
In any event, this back and forth is not getting anywhere. Show me a single case were a passive TOS resulted in a legal proceeding for breach of contract. Just one. Please.
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I'm not a lawyer, but here are a couple things I dug up:
Register.com, Inc. v. Verio, Inc.
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More importantly, the Court found that Register.com's Terms of Use created a binding contract between Verio and Register.com. The Court reached this conclusion notwithstanding the fact that (i) the user did not see the Terms of Use until after he had performed a search on the Whois database, and (ii) the user was not asked or required, after seeing the terms, to indicate an assent thereto by clicking on an "I agree" icon.
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Court shuts down BoardFirst.com for violation of Web site terms of service
The first issue before the court was whether the “browsewrap” terms of service on the Southwest Web site, visible upon clicking a hyperlink at the bottom of the home page, constituted a valid contract between Southwest and BoardFirst. Those terms of service, among other things, prohibited using the Southwest site for anything other than personal, non-commercial purposes.
The court held that a valid contract existed.
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