Passively rather than actively agreeing (i.e "continuing to use this site means you agree to our terms" vs "click here to agree to our terms" doesn't pass the s

Passively rather than actively agreeing (i.e "continuing to use this site means you agree to our terms" vs "click here to agree to our terms" doesn't pass the sniff test when it comes to contract law... at least in my jurisdiction. tl:dr; making the user click "I agree" would work more for you in a court setting