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Journal of Technology Law & Policy

Document Type

Article

Abstract

A ‘click-wrap agreement” is an agreement, formed entirely in an online environment such as the Internet, which set forth the rights and obligations between parties. The term “click-wrap” is derived from the fact that such online agreements often require clicking with a mouse on an on-screen icon or button to signal a party’s acceptance of the contract. Among other things, click-wrap agreements are used to: (1) establish the terms for the download and use of software over the Internet; (2) set forth a Web site’s Term of Service, i.e., the rules by which users may access the Web site or a portion of the Web site such as a chat or message service; and (3) establish the terms for the sale of goods and services online.

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