Three Steps To Help Ensure The Enforceability Of Your Website’s Terms Of Use -

Operators of social media platforms and other websites typically manage their risks by imposing terms of use or terms of service for the sites. As we previously wrote, websites must implement such terms properly to ensure that they are enforceable. Specifically, users must be required to manifest acceptance of the terms in a manner that results in an enforceable contract. But what specifically constitutes such acceptance, and what steps should website operators take to memorialize and maintain the resulting contract? This article attempts to answer these practical questions.

Use Boxes Or Buttons To Require Affirmative Acceptance -

Website operators should avoid the cardinal sin in online contract formation: burying terms of use in a link at the bottom of a website and attempting to bind users to those terms based merely on their use of the website. Outside of some specific (and, for our purposes, not particularly relevant) circumstances, such approaches, often confusingly referred to as “browsewrap” agreements, will not result in a valid contract because there is no objective manifestation of assent.