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I Signed WHAT?!

BY Stanley P. Jaskiewicz
June 26, 2008

In the bricks-and-mortar-world, not many businesses would survive if they told customers to 'Keep Out!'

Yet the typical e-commerce 'Terms and Conditions,' the electronic equivalent of the fine-print contract that governs use of a sales Web site, creates such an unfriendly shopping environment that it makes the legendary 'No soup for you!' restaurant of the television situation comedy Seinfeld seem like the Welcome Wagon.

Although I have often written about how the law affecting e-commerce firms ordinarily follows traditional law, the common e-commerce contract stands in stark contrast. Consider the following clauses from actual online agreements obtained in April and May ' and whether you have ever seen anything comparable in any real-world store, much less these Web stores' real-world affiliates. A comparable analysis of Internet service providers' ('ISPs') contracts by Associated Press ('AP') Technology Writer Peter Svensson is available at www.theledger.com/article/20080403/BREAKING/356559410, but here, the problem of oppressive boilerplate seems even more misplaced in the 'customer is always right' culture of retailers. Even worse, such language is deeply buried in boilerplate, often hidden behind a fine-print link read only by those doing due diligence or sorting out the mess after a problem occurs.

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