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 Contract Terms "easily accessed" by clicking on hyperlink

The United States District Court for the Southern District of New York ruled that a forum selection clause in an internet service provider’s terms of service was enforceable against a customer who did not read the terms prior to clicking an “Accept” button. In ESL Inc. v. Interland Inc., S.D.N.Y. No. 1:06-cv-02503, 6/21/06, the court held that the plaintiff was sufficiently notified of the clause by text stating, “By clicking the ‘Accept’ button below you acknowledge that you have read and agree to be bound by the policies listed below,” even where the policies were offered as PDF documents rather than as inline text or hyperlinked HTML pages.

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