Online Acceptances. Internet Archive (IA) is devoted to preserving a record of resources on the Internet for future generations.

IA uses the “Wayback Machine” to automatically browse Web sites and reproduce their contents in an archive. IA does not ask the owners’ permission before copying their material but will remove it on request. Suzanne Shell, a resident of Colorado, owns www.profane-justice.org, which is dedicated to providing information to individuals accused of child abuse or neglect. The site warns, “IF YOU COPY OR DISTRIBUTE ANYTHING ON THIS SITE YOU ARE ENTERING INTO A CONTRACT.” The terms, which can be accessed only by clicking on a link, include, among other charges, a fee of $5,000 for each page copied “in advance of printing.” Neither the warning nor the terms require a user to indicate assent. When Shell discovered that the Wayback Machine had copied the contents of her site—approximately eighty-seven times between May 1999 and October 2004—she asked IA to remove the copies from its archive and pay her $100,000. IA removed the copies and fi led a suit in a federal district court against Shell, who responded, in part, with a counterclaim for breach of contract.

IA fi led a motion to dismiss this claim. Did IA contract with Shell? Explain. [Internet Archive v. Shell, __ F.Supp.2d __

(D.Colo. 2007)]