Are you bound by Websites' EULA ?

Suppose you are setting up a website to deliver the latest software, product, or service. Before the site goes live, you go to your lawyer (of course you do, don't you?) who reviews your online privacy policy, your online security policy, and your policy regarding collecting information from or about children.

Of course, since you and your organization are the ones who wrote the EULA, it essentially says that you make no representations about whether the software will work, that it is fit for any particular or specific use, that it may crash the downloader's hard drive, erase all the data, and that not only do they agree not to sue you (and specifically agree to lawsuits only in the Cayman Islands, for example, and only in the winter) but also that the downloader agrees to indemnify and hold you harmless if you are sued by anyone else. Then there is a note in 8-point typeface that says, "by downloading this software [or using the website] you are agreeing to abide by these terms and conditions."

Are you bound by this EULA? A recent lawsuit by the U.S. Federal Trade Commission against purveyors of spyware essentially argues that you may not be. The click-wrap conundrum

Linked by shanmuga Tuesday, 25th October 2005 7:04AM