The PactSafe Blog: Making business happen faster

The Case for a Digital Legal Engine: Why Traditional Contract Principles Have Failed Online

Traditional Contracting and Recordkeeping

The contract. Something that has been used to memorialize agreements between 2 or more parties since the beginning of time (well maybe not that long). Most people know, whether a lawyer tells them or not, that in order for a contract to have any meaning:

Topics: Website Legal Agreements Managing Website Legal Tips and Best Practices

Poor Clickwrap Design Can Kill Your Website Terms of Use

Another day, and another case where the design of a clickwrap agreement renders a business's terms of use unenforceable.

Topics: Clickwraps Why Most Sites Do It Wrong Case Law Reports

3 Website "Terms of Service" Design No-No's for Developers (Part 1)

This blog post is the first in a three-part series designed for developers on design of your website terms of service, terms of use, and terms & conditions. See part 2 here.

Topics: Website Legal Agreements For Developers Clickwraps Browsewraps

Internal Security and Secure Record Keeping For Digital Legal Agreements

Secure record keeping is critical to the health of your online business.


What does it mean to be “secure”?

Topics: Tips and Best Practices

What is a website "Terms of Use"?

What is a website“Terms of Use”?

Terms of Use are legal terms to which a website user must agree prior to the use of the service provided by a website. Such agreement is used to define the rights of the user and the website owner, protect the interest of the website owner, limit the parties’ legal obligations and indemnify the website owner. Suffice it to say, a good website terms of use acts as the website owner’s insurance against lawsuits.

Topics: Clickwraps Website Legal Agreement Case Studies Browsewraps

4 Ways to Make Your Website Terms of Use Enforceable


If your website terms of use are not enforceable, then what is the point of even having them?


Enforceability relates to how your website legal agreements, such as “Terms of Use” and “Terms of Service”, will stand up in a court of law if challenged. In other words:

Topics: Tips and Best Practices