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Clickwrap Agreement Case Laws

Clickwrap Agreement Case Laws: Understanding the Legal Framework Behind a Common Website Practice

As technology evolves and online transactions become more common, clickwrap agreements have become a popular way for businesses to protect themselves legally. These types of agreements are used to require users to agree to certain terms and conditions before accessing a website or using a particular product or service. But what exactly are clickwrap agreements, and how are they legally enforceable? In this article, we’ll explore the legal framework behind clickwrap agreements, including key case laws that have shaped the way they are used today.

What is a Clickwrap Agreement?

A clickwrap agreement is a type of contract created between a website owner and its users. Typically, it appears as a pop-up or page that requires the user to click an “I Agree” button before being able to access a website or a particular service. By clicking the button, the user is agreeing to the website’s terms and conditions, which can include things like disclaimers of liability, copyright protections, and requirements for how users can interact with the site.

One of the key advantages of clickwrap agreements is that they are typically much more enforceable than traditional contracts. This is because, unlike a traditional contract, the user is required to actively indicate their agreement to the terms and conditions, rather than simply being able to passively accept them.

Case Law on Clickwrap Agreements

Over the years, courts have ruled on various cases that have involved clickwrap agreements. These rulings have helped to establish the legal framework behind clickwrap agreements and have provided guidance on how website owners can best use them to protect themselves.

One of the most influential cases in this area is Specht v. Netscape Communications Corp, a case that was decided in 2002 by the Second Circuit Court of Appeals. In this case, the court affirmed the enforceability of clickwrap agreements, stating that they are “sufficiently conspicuous to place a reasonably prudent user on inquiry notice of the terms of the contract” and that “a user who takes advantage of a service after receiving notice of the terms is bound by those terms.”

Another key case is Nguyen v. Barnes & Noble Inc, which was decided in 2014 by the Ninth Circuit Court of Appeals. In this case, the court found that a website owner’s use of a clickwrap agreement was enforceable, even though the terms and conditions were not visible on the same screen as the “I Agree” button. The court concluded that the agreement was still enforceable because the user had sufficient notice of the terms and was required to take affirmative action in order to accept them.

Other important case laws in this area include Inc. Customer Data Security Breach Litigation, which involved a data breach that resulted in lawsuits against the company, and Hines v. Inc, which dealt with a dispute over the terms of use for a rewards program.


Clickwrap agreements are a common way for website owners to protect themselves legally and ensure that users are aware of their terms and conditions. While court rulings have established the enforceability of clickwrap agreements, it’s important for website owners to ensure that the agreements are properly designed and presented to users. By following best practices and understanding the legal framework behind clickwrap agreements, website owners can mitigate their legal risks and protect themselves in the ever-evolving world of online business.