For a non-US (England and Wales) example: > After seeking brief details of his employment, gross income, and savings, and whether he was a property owner, [the

For a non-US (England and Wales) example: > After seeking brief details of his employment, gross income, and savings, and whether he was a property owner, [the online bookmaker] asked him to specify a password, a memorable question and answer, and a bank account number.[...] > In seeking to identify such a pre-existing contract counsel for the claimant faced significant difficulties. In particular he was unable to point to any promise or commitment by the claimant which might form part of such a contract and provide the consideration necessary to make it legally binding.[...] > The provision of an on-line interactive platform is in effect simply a more modern equivalent of the expressed readiness of a potential contracting party [...] to enter into contracts by receiving and responding orally to telephone calls. > Accordingly, the claimant has failed to establish the existence of any legal contract to host and give binding effect to [the clause] Also of note: > Many, one might suspect most, would have passed up on that invitation [to read the documents] and proceeded directly to click on "Agree", even though it was suggested that they should do so only when they had read and understood the documents. Even if, exceptionally, the defendant in fact chose to look at the documents, he would have been faced [with a long and complex agreement]. It would have come close to a miracle if he had read [the clause], let alone appreciated its purport or implications, and it would have been quite irrational for the claimant to assume that he had. This was an entirely inadequate way to seek to make the customer liable [...], and is a further factor rendering the [clause] an unfair term. Spreadex Ltd v Cochrane [2012] EWHC 1290 (Comm) http://www.bailii.org/ew/cases/EWHC/Comm/2012/1290.html http://www.bailii.org/ew/cases/EWHC/Comm/2012/1290.html Note that this is not necessarily a full appraisal of the law, but merely meant to illustrate that forming a binding contract is more difficult than having terms available. Furthermore, even if there is no contract, there are IP considerations (copyright, database rights depending on the data) before you can use the data.