Do Amendments to Terms of Service Require Affirmative Consent?
Many websites and Internet-based services rely on standard click-through terms and conditions, often referred to as “browse-wrap agreements”. These agreements usually provide that the service provider may amend the browse-wrap agreement at any time, and a user’s continued use of the website or service is considered consent to the amendment. The general industry practice is to provide notice to users of an amendment via email without requiring affirmative acknowledgement or consent to the amendment. However, in Sifuentes v. Dropbox, Inc., a recent decision from the Northern District of California, the court found this standard practice to be insufficient to bind a user to the amendment. Read more.
July 27, 2022