QUESTION
about the terms of use concerning electonic devices and services,is it federal law that the issuers of their own rules must be able to track breaches?
Asked on Dec 09th, 2012 on Contracts - Texas
More details to this question:
for use of my computer and electronic devices and internet based services and the like, just to use the os of my comuter, just to use a website, just to play a video game etc, the fact that they say that they can change the rules at any time without notice, is it in the federal law that for a business to be able to make rules in a terms of use that they must make sure that they can track when it is being breached? i mean for everything concerning computers and electronics specifically, everything electronic, must a busness be able to trach when their rules are broken in order form them to be able to enforce their contracts or else i cannot get in any trouble?
1 ANSWER
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In a word, no. The terms of use to which you refer are nothing more than ordinary contracts that are accepted by users through conduct (normally, clicking "I agree" or otherwise indicating assent). There is no legal requirement that the promisee (usually the seller) "keep track" of breaches of its contracts. If it discovers a breach, it may take steps to enforce its contract against the breaching promisor. It has no particular duty to conduct any procedures to make such discoveries.
Answered on Dec 10th, 2012 at 7:32 AM