5 ms·

BS. There is no contract if I have not signed anything. Viewing a website does not constitute a contract. Websites can take their TOS and shove them up their

BS. There is no contract if I have not signed anything. Viewing a website does not constitute a contract. Websites can take their TOS and shove them up their asses. If they don't want me seeing content without blocking ads, they are free to refuse to send me that content without me proving I've viewed the ads.

ikeboy 11y ago
It depends. See https://www.eff.org/wp/clicks-bind-ways-users-agree-online-terms-service https://www.eff.org/wp/clicks-bind-ways-users-agree-online-t...
- Grishnakh 11y ago
  That's talking about "click-wrap" agreements. That's where they show you a bunch of legalese, and then you have to click on a button that says "I agree" after it. Clicking "I agree" assumes the user has read that and agrees to the terms. Just browsing to a website is not like that. There's no place where you have to read any TOS and click "I agree" when you go to abcnews.com or whatever.
  - ikeboy 11y ago
    It discusses both. "Nevertheless, some courts have been willing to make browsewraps enforceable under certain circumstances. " The link is broken and should be https://www.icann.org/en/system/files/files/decision-23jan04-en.pdf https://www.icann.org/en/system/files/files/decision-23jan04...
dragonwriter 11y ago
Contracts are formed by offer and acceptance, a signature can be a method of documenting acceptance, but, except for certain kinds of contracts specially designated in law, are not required for a contract to be formed.
- pdkl95 11y ago
  A TOS on a different page that you didn't present before sending any "content" such that there is an opportunity to either accept or reject the offer is not a contract. Contracts are not a "gotcha" that you can surprise people with nor are they established without an understanding by both parties of the obligations that would be created by a contract (the "meeting of the minds"). If you present reasonable[1] terms first, then receive some type of notification that the terms were accepted (as you say, signature is not the only option), only then will a contract formed that could obligate someone to not run an ad blocker. [1] unconscionable or misleading terms are unacceptable and can get the contract - whole or in part - thrown out.

ikeboy 11y ago

It depends. See https://www.eff.org/wp/clicks-bind-ways-users-agree-online-terms-service https://www.eff.org/wp/clicks-bind-ways-users-agree-online-t...

Grishnakh 11y ago
That's talking about "click-wrap" agreements. That's where they show you a bunch of legalese, and then you have to click on a button that says "I agree" after it. Clicking "I agree" assumes the user has read that and agrees to the terms. Just browsing to a website is not like that. There's no place where you have to read any TOS and click "I agree" when you go to abcnews.com or whatever.
- ikeboy 11y ago
  It discusses both. "Nevertheless, some courts have been willing to make browsewraps enforceable under certain circumstances. " The link is broken and should be https://www.icann.org/en/system/files/files/decision-23jan04-en.pdf https://www.icann.org/en/system/files/files/decision-23jan04...

dragonwriter 11y ago

Contracts are formed by offer and acceptance, a signature can be a method of documenting acceptance, but, except for certain kinds of contracts specially designated in law, are not required for a contract to be formed.

pdkl95 11y ago
A TOS on a different page that you didn't present before sending any "content" such that there is an opportunity to either accept or reject the offer is not a contract. Contracts are not a "gotcha" that you can surprise people with nor are they established without an understanding by both parties of the obligations that would be created by a contract (the "meeting of the minds"). If you present reasonable[1] terms first, then receive some type of notification that the terms were accepted (as you say, signature is not the only option), only then will a contract formed that could obligate someone to not run an ad blocker. [1] unconscionable or misleading terms are unacceptable and can get the contract - whole or in part - thrown out.