If you own or operate a web site in which you want to create a legally binding contract with a web site user, I recommend you read this entitled “Enforceable Browse-Wrap Contracts.”

E-commerce is increasingly automated. In the past, Internet sites used “terms of use” agreements which include an Internet mechanism to affirm consent to be bound by the agreement (click-wrap). Increasingly, browse-wrap agreements are replacing click-wrap agreements.

Enforceable browse-wrap agreements have two factors in common. First, they include sufficient notice of the terms. Second, the actions of the Internet user clearly manifest acceptance of the terms.