Most courts now have identified at least four types of Internet contract formations, most easily defined by the way in which the users purportedly give their assent to be bound by associated terms: browsewraps, clickwraps, scrollwraps and sign-in wraps. Selden v. Airbnb, Inc., Case No. 16-cv-00933 (D.D.C. Nov. 1, 2016).
A “browsewrap” agreement is one in which an internet user accepts a website’s terms of use merely by browsing the site. A “clickwrap” agreement is one in which an internet user accepts a website’s terms of use by clicking an “I agree” or “I accept” button, with a link to the agreement readily available, in order to complete the purchase of a product or service. A “scrollwrap” agreement is like a clickwrap, but the user is presented with the entire agreement and must physically scroll to the bottom of it to find the “I agree” or “I accept” button in order to complete the purchase of a product or service. “Sign-up-wrap” agreements are those in which a user signs up to use an internet product or service, and the sign-up screen states that acceptance of a separate agreement is required before the user can access the service. While a link to the separate agreement is provided, users are not required to indicate that they have read the agreement’s terms before signing up. Instead, the website is designed so that a user is notified of the existence and applicability of the site’s terms of use usually by a textual notice when proceeding through the website’s sign-in or login process.
Scrollwrap agreements are most likely to be enforced by the courts as valid contracts. On the other end of the spectrum, courts are least likely to enforce browsewrap agreements.