The House State Affairs committee rejected the rule after the Information Technology Alliance for the Public Sector (ITAPS) sent a letter criticizing one provision of the rule, section 114, which said that the state would not comply with so-called "
clickwrap" agreements.
In any event, defendant used an enforceable hybrid between a
clickwrap and a browsewrap: by expressly agreeing to click and "Complete Reservation," the consumer is impliedly agreeing to the Terms of Service, of which he is put on sufficient notice by the clear hyperlinked disclaimer directly adjacent to the "Complete Reservation" button.
Depends: Recasting Internet
Clickwrap, Browsewrap, "I Agree,"
When dealing with
clickwrap agreements, the judiciary said that such forms of agreements are equivalent to any other contract, the only difference being the way the offer and the acceptance are presented.
(76) Contracts entered into on the internet typically fall into either "
clickwrap" or "browsewrap" categories.
"determin[ing] whether a
clickwrap agreement is enforceable,"
If that is the route that Gateway takes, then Gateway can do a "
clickwrap agreement" online for any potential buyers of its computers.
When a consumer orders a PGS test from 23andMe, the web interface presents a box containing links to 23andMe's Research Consent document and Privacy Statement, referred to as a
clickwrap. (75) To access these statements, the consumer must click on the link and read the full policies on a separate page.
writing transferring exclusive rights when the
clickwrap Terms of Use
(149) When one party to a contract is unsophisticated--such as in mass market
clickwrap terms and conditions--context should be considered to protect unsophisticated and passive parties from exploitation through take-it-or-leave-it contract terms.
"
Clickwrap agreements" require users to actively click an "I Agree" box before they can agree to the terms, while "browsewrap" agreements are generally just accessible via a hyperlink at the bottom of a website.
Courts tend to group online contracts into four different categories, each requiring a different degree of participation on the part of the individual who is contracting via the Internet: browsewrap,
clickwrap, scrollwrap and sign-in wrap online contracts.