ContractsProf Blog

Editor: Jeremy Telman
Oklahoma City University
School of Law

Monday, July 22, 2019

Deleting the terms of use can help indicate you were aware of them and assented to them

A case out of the Ninth Circuit, Domain Name Commission Ltd. v. DomainTools, LLC, No. 18-35850, affirmed a preliminary injunction against the defendant based on the likelihood of success of the plaintiff's breach of contract claim based on mutual assent to the terms of use of its site. The terms of use were conspicuously displayed and the defendant "must have had actual knowledge" of these terms, because it deleted them from the information it received from the plaintiff before displaying that information. Moreover, the defendant never denied knowledge of the terms of use. The terms were clear that the defendant's behavior was prohibited, and so, as the other factors were also met, the preliminary injunction was properly granted. 

You can watch the appellate arguments in the case here

https://lawprofessors.typepad.com/contractsprof_blog/2019/07/deleting-the-terms-of-use-can-help-indicate-you-were-aware-of-them-and-assented-to-them.html

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