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Browsewrap

På svenska → Updated: 2026-11-02

Terms that supposedly bind you just for using a website, even though they sit behind a link nobody has to click.

It is the flimsiest member of the wrap family: no button, no checkbox, just a line at the bottom of the page. Courts have generally wanted more. In Specht v. Netscape (2002), future Supreme Court Justice Sonia Sotomayor wrote that a link below the download button gave users no reasonable notice of any terms at all. Nguyen v. Barnes & Noble (2014) reached the same result even though the link appeared on every page.

The exception is someone who demonstrably knows the terms. In Register.com v. Verio (2004), Verio had scraped whois data over and over and could hardly claim ignorance. The lesson for anyone drafting terms is short: ask for a click. That nobody reads them anyway is a separate matter.

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