Digital Contracting

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:

  • Are your terms of use completely visible on your website or digital assets?
  • Do your customers or prospective customers know what they are actually signing?
  • Can you ensure which version was signed, by whom, and when?

All of these factors are incredibly important when enforcing your legal agreements. Since these agreements defy the conventional manner in which contracts are presented and accepted, the enforceability of these contracts is often misunderstood and challenged in courts, meaning that the company the digital agreements are intended to protect could face legal fees, lawsuits, and harsh penalties.

How can you ensure enforceability of your terms of use?


Generally, for a website terms of use to be enforceable to a website’s users, the following criteria should be adhered to:

  1. The website user must have adequate notice that the proposed terms of use exist.
  2. The website user must have a meaningful opportunity to review the terms of use.
  3. The website user must have adequate notice that taking some specified, optional action means that he/she has accepted the terms of use.
  4. The website user must actually take that action.

Want to learn more? Contact us, or download our white paper on clickthrough litigation trends.

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