Dear Dave,
In preparing to launch a web service, I have been looking into sites' "Terms of Use" with particular regard to database copyright. Most sites tend to render their terms with much the same restrictions and framework as EULAs. However, as far as I can tell, the legal status of "Terms of Use" pages are not established. I am familiar with ProCD Inc. v. Zeidenberg, wherein breach of contract was assessed because of the EULA involved. But website terms do not seem to naturally follow - particularly when they would be binding on the web visitor (as opposed to limiting the liability of the publisher). Can one truly be bound to "Terms of Use" simply by visiting a website? I would appreciate your passing this message on to IP in the hope that the legal expertise on the list might be able to shed light on this question.
Many thanks in advance for your consideration and for administering such a helpful list.
Albert Lukaszewski
Albert Lukaszewski, PhD St Andrews, Scotland Mit Arbeit kommt gut Glück.