EVOLUTION OF CLICKWRAP BROWSEWRAP CONTRACTS

This Article explores numerous aspects of contract law, as it pertains to adhesion contracts in the form of 'Terms of Agreement' or 'Terms of Service.' When the user makes an account or makes themselves a registered user to the entity, this is known as clickwrap, and when there is no account made and the user assents to the contract by simply using a service or website it's known as browsewrap. This Article will also explore key issues that currently arise within the discipline, as well as the potential routes the issues could take in the future. As of the submission of this writing, there have been numerous lawsuits regarding clickwrap contract disputes headlining the media and a lingering tension between many of the companies brought into question in this Article and the United States Government over antitrust and privacy issues. Moreover, as contracts of this nature become more prevalent and complex, this writing aims to benefit the practicing attorney only marginally more than the steadfast consumer, as individuals attempt to navigate the rapidly expanding and often confusing digital world.