Click-through agreements have become common and are a good practice for online transactions. A recent case, however, indicates that affirmative click-through consent may is not always required.
In Cairo v. Crossmedia Services, Inc. (N.D. Cal. April 1, 2005), the Terms of Use were posted on the web site via a hyperlink contained on the bottom of CMS's web sites. The court found that "Cairo's repeated and automated use of CMS's web pages can form the basis for imputing knowledge to Cairo of the terms on which CMS's services were offered even before Cairo's notice of CMS's cease and desist ... more »
