In the General counsel notebook, I just posted a review of some of the key case law on the enforceability of “browse-wrap” agreements — you know, the notices on Web pages that say, If you continue to use this Web site, you’re bound by its terms and conditions.
(In brief: The case law indicates that the key to enforceability of browse-wrap agreements is whether the Web site gives the user sufficient notice that the site’s terms and conditions will apply.)