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Examine the following situation: Register.com alleges that Verio had violated the terms of use of Register.com's WHOIS database. Verio understands that the terms are not binding, as users may access the database with or without manifestation of express consent to the terms of use. On the other hand, Register.com points out that Verio cannot argue that it has not consented to its terms of use, since they are clearly published on its website. At the end of the terms, it states that “by making this inquiry, you agree to comply with these terms.” Verio does not claim that it was unaware of these terms, but rather that you are not prompted to click on an icon indicating your acceptance of the terms. After examining the situation, answer the following questions: Is this an example of a shrinkwrap or a clickwrap? Did the users of the licenses consent to the terms of the licenses? Support your answer. Were the parties contractually bound?

Examine the following situation: Register.com alleges that Verio had violated the terms of use of Register.com's WHOIS database. Verio understands that the terms are not binding, as users may access the database with or without manifestation of express consent to the terms of use. On the other hand, Register.com points out that Verio cannot argue that it has not consented to its terms of use, since they are clearly published on its website. At the end of the terms, it states that “by making this inquiry, you agree to comply with these terms.” Verio does not claim that it was unaware of these terms, but rather that you are not prompted to click on an icon indicating your acceptance of the terms. After examining the situation, answer the following questions: Is this an example of a shrinkwrap or a clickwrap? Did the users of the licenses consent to the terms of the licenses? Support your answer. Were the parties contractually bound?

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Examine the following situation:

Register.com alleges that Verio had violated the terms of use of Register.com's WHOIS database. Verio understands that the terms are not binding, as users may access the database with or without manifestation of express consent to the terms of use.

On the other hand, Register.com points out that Verio cannot argue that it has not consented to its terms of use, since they are clearly published on its website. At the end of the terms, it states that “by making this inquiry, you agree to comply with these terms.” Verio does not claim that it was unaware of these terms, but rather that you are not prompted to click on an icon indicating your acceptance of the terms.

After examining the situation, answer the following questions:

Is this an example of a shrinkwrap or a clickwrap?
Did the users of the licenses consent to the terms of the licenses? Support your answer.
Were the parties contractually bound? Can they go to court in case of non-compliance with the terms of the licenses? Support your answer.
Conclusion: State your point of view on this topic. Do you feel confident with the way electronic contracts are worked?

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Can they go to court in case of non-compliance with the terms of the licenses? Support your answer.
Conclusion: State your point of view on this topic. Do you feel confident with the way electronic contracts are worked?

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