Browsewrap

A type of website agreement where terms of service or privacy policies are incorporated by reference through a hyperlink, typically in a website footer, without requiring users to actively indicate acceptance. Users are deemed to accept the terms simply by using the website. Browsewrap agreements are legally controversial and frequently challenged in courts because they may not constitute valid contracts—users often don't see or read the terms before agreeing. Unlike clickwrap agreements that require affirmative action, browsewrap relies on constructive notice. For browsewrap to be enforceable, courts generally require that users have actual or constructive notice of the terms and that the terms are easily accessible. Best practice is to make terms conspicuous, place links prominently, and consider hybrid approaches that include some affirmative acceptance for critical provisions. Pure browsewrap should be avoided for important legal terms.