Contracts And The Internet: Terms Of Use

Websites have become the places where people shop for services and products. They click the "Accept" or "Agree" buttons under the "Terms of Use" on a site simply so they can proceed to make their selections and tender their payment information — never knowing that they have entered into a contract with the seller just as surely as if they had signed a written document.

There is a substantial body of case law on the manner in which contracts are properly made enforceable on the internet. Most of this law brings common law contract principles into the digital world so as to ensure that the parties to these agreements manifest a "meeting of the minds" on the transaction at hand. Many protections of the seller can be secured in these agreements. These protections may limit the seller's exposure and determine the location and manner in which disputes may be resolved. These terms, if properly introduced on the website, are binding and work to the advantage of the seller.

Understanding the law of "click-wrap" agreements is a great advantage to the website entrepreneur and, when properly prepared, its internet contracts will save it time and expense in resolving the inevitable disputes that arise in the marketplace. Before you simply replicate the "Terms of Use" adopted by other website owners, it is best to secure the counsel of attorneys who understand these contracts and thecase law that is shaping this area of the law. The attorneys at Hickey, Cianciolo, Finn & Atkins have familiarity with this area of the law and have drafted the "Terms of Use" and contracts successfully used on the internet by a variety of businesses. Contact Attorney Steve Hickey at 1-248-247-3300 or at

The firm's website is found at We would be please to assist you and your internet business.

Categories: Business Law