Modifications of website legal agreements present some complications to the maxim that modifying a contract requires the consent of all parties to the contract. It has been generally accepted that a contract is not enforceable when one party unilaterally changes the terms of a contract or agreement, unless the other party consents before doing so. A common practice is to specify in a website legal agreement that the website owner may modify the agreement at any time, and that continued use of the site constitutes a user’s acceptance of any modifications to the agreement.
One of the most prominent cases that relates to the enforceability of a browsewrap agreement is the Zappos.com, Inc. customer data security breach case. The Zappos case resulted from hackers who breached the Zappos.com security and were able to the access the personal information of the sites customers who had completed purchases from the website. The security breach exposed names, addresses, and phone numbers of the customers. The customers of Zappos.com then brought a class action lawsuit for damages that were a result from the data breach.