electronic contracts

The emergence of electronic commerce has brought about new challenges when it comes to doing business. One of these challenges is the replacement of written signatures and documents with electronic signatures and documents. In this task, you will investigate a little more about this interesting topic.

Instructions:

1. Research and define the terms Shrinkwrap and ClickWrap. Cite the sources of information you used to define the terms; If you don't include the citations, you won't receive full credit for your work.

2. Look for information (definitions and characteristics) on the following terms related to the subject of electronic contracts

a.Cash Agreement

b.Envelope Agreement

c.Referral Agreement

3. 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, since users can access the database with or without express consent to the terms of use.

On the other hand, Register.com points out that Verio cannot argue that you have 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 be bound by these terms." Verio does not claim that it was unaware of these terms, but rather that you are not required to click on an icon indicating your acceptance of the terms.

4. After examining the situation, answer the following questions

a.Is this an example of a shrink wrapper or a click wrapper?

b.Did the users of the licenses consent to the terms of the licenses? Justify your answer.

c.Are the parties contractually bound? Can they go to court in case of non-compliance with the terms of the licences? Justify your answer.

d. Conclusion: State your point of view on this topic. Do you feel safe with the way electronic contracts are worked?