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A click-through agreement is a term for the type of contract formed
by the all
but standard "I agree" button present on virtually all "sign
up first" type services or downloads offered on the Internet. In general,
the user will be asked to agree to a set of terms and conditions before being
permitted
to access the material that has brought the user to the site in the first place.
Such agreements have long been thought enforceable, however, you should be
aware that there is authority to support the position that indeed they are.
In Hotmail
Corporation v. Van Money Pie, Inc., et. al. C98-20064 (N.D. CA., April 20,
1998) the United States District Court for the Northern District of California
held
that where just such an agreement, properly worded and displayed, prohibited
the defendant from using the plaintiff’s E- mail service to facilitate
the transmission of unsolicited E-mail it was an enforceable contract. The
court issued a preliminary injunction against the defendant on that basis.
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