Minnesota End User Agreement for Online Service Provider with Disclaimer Regarding Hyperlinks

State:
Multi-State
Control #:
US-03607BG
Format:
Word; 
Rich Text
Instant download

Description

In computing, a hyperlink (or link) is a reference to a document that the reader can directly follow, or that is followed automatically. A hyperlink points to a whole document or to a specific element within a document. Hypertext is text with hyperlinks. A hyperlink has an anchor, which is the location within a document from which the hyperlink can be followed; the document containing a hyperlink is known as its source document. The target of a hyperlink is the document, or location within a document, to which the hyperlink leads. Users can activate and follow the link when its anchor is shown, usually by touching or clicking on the anchor with a pointing device. Following the link has the effect of displaying its target, often with its context.


This form is an example of the type of agreement that would be entered into between a provider of online services and its subscribers/end-users. The agreement is drafted from the perspective of the service provider. If an agreement is required from the perspective of the end user, the following revisions, among others, should be considered: (i) a warranty regarding the availability of the Service, including a remedy (for example, a specified credit) in the event the availability requirement is not attained; (ii) a response time warranty specifying the performance of the service provider's system; (iii) an indemnity for intellectual property infringement committed by the service provider; (iv) restricting the service provider's ability to suspend or terminate the services under Section 4 by requiring the service provider to provide the end-user with notice and an opportunity to cure; and (v) deletion of the exclusive remedy in Section 10.

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  • Preview End User Agreement for Online Service Provider with Disclaimer Regarding Hyperlinks
  • Preview End User Agreement for Online Service Provider with Disclaimer Regarding Hyperlinks
  • Preview End User Agreement for Online Service Provider with Disclaimer Regarding Hyperlinks

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FAQ

Yes, clickwrap agreements (provided they are designed, presented, and tracked in compliance with best practices) are just as enforceable as both traditional wet ink signatures and electronic signatures in the US.

Terms of service (also known as terms of use and terms and conditions, commonly abbreviated as TOS or ToS, ToU or T&C) are the legal agreements between a service provider and a person who wants to use that service. The person must agree to abide by the terms of service in order to use the offered service.

An EULA is the agreement between someone who downloads software (the licensor, or end user) and the developer. A Terms and Conditions agreement is between the service provider and the end user. Although they have many similar clauses, you'll note that the EULA only covers terms relating to the software or app download.

Accounts, document authentication, and more While typing your name can count as a legal signature, a business needs to have a way to prove that the individual who typed their name actually signed the document.

Generally, the EULA will help you to set the conditions of your license agreement with the user explain what they are and aren't allowed to do with the software, the conditions under which their access might be limited or terminated, copyright provisions etc.

Is clickwrap legally enforceable? Yes, clickwrap agreements (provided they are designed, presented, and tracked in compliance with best practices) are just as enforceable as both traditional wet ink signatures and electronic signatures in the US.

A EULA specifies in detail the rights and restrictions which apply to the use of the software. Many form contracts are only contained in digital form and only presented to a user as a click-through which the user must "accept".

When you click on an I agree to the terms and conditions checkbox, it is seen by the legal authorities as the user's assent. Binding agreements where the user engages in affirmative conduct by accepting the terms of an agreement has a lot higher chance of standing up in court than any other.

The short answer is yes. Courts across the United States have confirmed that clicking on a checkbox is akin to a signature on a written contract. Essentially, by clicking I agree or I accept, the consumer provides the mutual assent required to form a legally binding agreement.

A legal signature has the following characteristics: It's a sign, mark, character, symbol or letters written, stylized or drawn and unique to a person. The process of signing conveys the expression of consent. There are many ways a person can sign a legal document.

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Minnesota End User Agreement for Online Service Provider with Disclaimer Regarding Hyperlinks