Browse Wrap

Browse Wrap

Browse-wrap (also Browserwrap or browse-wrap license) is a term used in Internet law to refer to a contract or license agreement covering access to or use of materials on a web site or downloadable product. In a browse-wrap agreement, the terms and conditions of use for a website or other downloadable product are posted on the website, typically as a hyperlink at the bottom of the screen. Unlike a clickwrap agreement, where the user must manifest assent to the terms and conditions by clicking on an "I agree" box, a browse-wrap agreement does not require this type of express manifestation of assent. Rather, a web-site user purportedly gives his or her assent by simply using the product — such as by entering the website or downloading software.

Browse-wrap agreements, like clickwrap agreements, derive their name by analogy to "shrinkwrap" used in the licensing of tangible forms of software sold in packages.

While U.S. courts have consistently held that shrink-wrap agreements create a legally binding contract, browse-wrap agreements present different issues because it is less clear that the person using the website has accepted the terms of the agreement. Courts that have ruled on the issue have held that the validity of a browse-wrap agreement primarily depends on whether a website user has actual or constructive notice of the terms and conditions prior to using the website or other product.