The law does not specify whether to use Clickwrap or Browsewrap. However, many companies prefer Clickwrap because of the legal conditions for contracts. In a clickwrap agreement, to use a website or download content, the user must activate a box in which he declares that he has read the terms and conditions applicable to the website or software and that he agrees with them. Sometimes the chords are many pages long and difficult to read. They usually contain two things: a „Clickwrap Agreement“ is a form of electronic signature in which the electronic signature act is replaced by the click to activate a checkbox or a button containing the acceptance language (for example. B, „I agree“ or „accept“). www.businessdictionary.com/definition/click-wrap-agreement.html Yes, Clickwrap agreements (provided they are designed, presented and tracked in accordance with best practices) are as applicable as traditional wet and electronic signatures in the United States. There are a number of important legislative acts that concretely regulated the Clickwrap agreements. These actions maintain clickwrap and browsewrap practices as long as it is clear that the user accepts the terms of the contract when he clicks.
Clickwrap agreements offer greater comfort to businesses in many ways: a Shrinkwrap license is where the idea of a Clickwrap agreement was born. The Shrinkwrap license is a software industry term that means that if you open the packaging on the software, you accept the software company`s terms and conditions. The format and content of Clickwrap agreements vary by provider. However, most clickwrap agreements require the consent of end-users by clicking the „OK,“ „I agree“ button in a pop-up window or in a dialog box. The user can refuse the agreement by clicking the Cancel button or closing the window. After the refusal, the user cannot use the service or the product. A Clickwrap agreement is also called a Clickwrap license or Clickwrough agreement. The Clickwrap agreement replaces a wet signature. The Clickwrap method was used at the Tribunal in ProCD v. Zeidenberg, 86 F.3d 1447 (7th cir. 1996), where Zeidenberg purchased a CD-ROM created by ProCD containing a compilation of a database of telephone directories.
When buying this CD-ROM, Zeidenberg installed the software on his computer, then created a website that offers visitors the information contained in the CD-ROM at a lower price than ProCD calculated for the software. Prior to the purchase of the software, Zeidenberg may not have been aware of a prohibited use or distribution of the product without ProCD`s consent. However, after preparing the software to be installed on his computer, the software license appeared on his computer screen and did not allow him to continue the installation without giving his consent by clicking on his consent in a dialog box. The Tribunal found that Zeidenberg accepted the offer and the terms of the licence by clicking in the dialog box. Zeidenberg had the opportunity to read the terms of the license before clicking on the acceptance field. The Tribunal also found that Zeidenberg could have refused the terms of the contract and returned the software.