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Online Agreements Should Provide for Revisions to be Adopted Automatically

Make sure any online agreement allows you to modify its terms without you needing to go back and have the users agree to the revisions. Online agreements such as subscription agreements, licenses, terms of service, and service level agreements should include a clause reciting that continued use of the website or service is deemed to be the user’s consent to any terms that may be revised. In certain cases, it may be appropriate to provide advance notice of certain changes, such as price increases, and to allow users and subscribers to cancel their participation and not be bound by the new version of the agreement. Keep complete archives of all versions of online agreements with the dates they were in use and when changes were implemented; in case of future disputes, it will be good to know what terms were applicable at the relevant time period. If you initially enrolled users or subscribers under an online agreement that did not allow for automatic implementation of changes, you may need to go back to the original group of customers and obtain their consent to the new terms.

Ned T. Himmelrich
410-576-4171 • nhimmelrich@gfrlaw.com