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What I fail to understand is how a website knows if you have "agreed" to the TOS. I mean, a contract is physically signed, sometimes with a notary. FAFSA is "si
by TheAmazingIdiot 16y ago
What I fail to understand is how a website knows if you have "agreed" to the TOS. I mean, a contract is physically signed, sometimes with a notary. FAFSA is "signed" by a multiple step process including a SSN, DOB, receiving mail including a pin#, and entering all of it with "agree" in box to assert information is true.
Where, and how can a website claim that an "agree" button is legally enough? Or perhaps, the TOS is just nonexistent(ala 404). Or, what are these "bypassing technical barriers"? Does that count reading the URL and changing it? Greasemonkey? Filtering/data modifying router? Post injection?
This suggesting is creating more confusion than it solves.
- wmf 16y agoThat's not a problem, since almost all sites say that mere usage of the site implies agreement with the TOS. I suppose this is akin to a "no shirt, no shoes, no service" sign; it doesn't matter whether you have read or agreed it — the sign is posted.
- TheAmazingIdiot 16y agoSuppose you say that's true. Ok. Under what "law" can you even load the site to begin with? That's right, they accepted a connection. It's akin to knocking on someones door, and they let you in. The website could always pop back "connection denied", 403, or just not answering at all. At most it's a gentlemens agreement, or in the class of "windshields not our responsibility for our uncovered load". Aside that, we know certain public AP's modify content to add theirs instead (panera bread advert munges). Aside ssl'ing everything, how can they even be sure we agreed to the same TOS, let alone agree at all?