While courts have generally found that Web-based terms and conditions are enforceable, businesses cannot hide those terms or make them difficult to identify. This is exactly what happened in a recent case in the Eastern District of Virginia (Cvent Inc. v. Eventbrite Inc., E.D. Va., No. 10-481, 9/15/10). The court held the Web site terms of use were unenforceable because they were made a available through a link buried in the fine print at the bottom of a page with many other links. Businesses beware: if you want enforceable Web site terms and conditions, you must make them clearly identifiable and obvious to your visitors. Of course, terms that require a user to actually click-through (e.g., via an “I Accept” button) are far less problematic because the user’s attention is focused on the terms as part of the acceptance process. This focus is missing for general Web site terms and conditions, which is why courts require those terms to be clearly identified to visitors. Related content opinion Finding Common Threads in Privacy and Information Security Laws. By Michael Overly Apr 26, 2013 3 mins Compliance opinion Ensure Your Data is Securely Deleted By Michael Overly Mar 11, 2013 2 mins Cloud Security opinion CIA in the Cloud By Michael Overly Dec 18, 2012 2 mins Cloud Security opinion Overreacting to Information Security By Michael Overly Dec 10, 2012 2 mins Privacy Podcasts Videos Resources Events SUBSCRIBE TO OUR NEWSLETTER From our editors straight to your inbox Get started by entering your email address below. Please enter a valid email address Subscribe