Other
356 F.3d 393 (2d Cir. 2004)
Study notes for Register.com, Inc. v. Verio, Inc.: professor notes, cold call prep, exam angles, and memory aids.
Though no explicit assent is given, accessing a website can constitute acceptance of its terms of use.
In this case, the Second Circuit tackled the enforceability of online terms of use in the context of domain name registration services. It is important to note that the court affirmed that mere access to a website after being given notice of its terms of use could equate to acceptance, reinforcing the notion that a click-through agreement does not always require an explicit 'I agree' statement. The case serves as a pivotal example of how courts interpret online contracts, balancing protecting business rights with preventing unauthorized use against individuals' degrees of notice and intent.
Access and Accept - If you access, you accept the terms.
| Case | Distinction |
|---|---|
| Carrillo v. HCRE | In Carrillo, there was no reasonable notice of terms, which is essential for enforcement unlike in Register.com. |
| Specht v. Netscape | In Specht, the user was not adequately bound to the terms because they were not presented in a clear manner, contrasting the explicit notice provided in Register.com. |
Enforcing terms of use protects businesses from unauthorized data scrapers and ensures companies can maintain the integrity of their services.
There is a concern that such broad interpretations of acceptance could undermine consumer rights, leading to ambiguous terms being enforced without clear understanding.
This case often appears on exams when discussing the enforceability of online agreements and the academic principle that notice and acceptance can be inferred from user conduct.