Re: online acceptance of terms and conditions

[Rick Anderson <rick_anderson@uncg.edu>]

> We are now seeing the proliferation of e-journals that are free with print
> subscriptions and have "terms and conditions" as opposed to signed,
> licenses.  There is often no place for a signature and in some cases they
> don't even ask for a contact name. The registration process requires that
> you click on the "I agree" button to continue with the registration.  
> Often you do not even see the additional information you need to complete
> the registration until you agree to the terms.  Are people registering for
> these titles online?  Is this type of agreement as binding as signed
> licenses?  I would be particularily interested to hear from public
> university libraries that may have strict policies on this.  Thank you.

My understanding of the current state of legal affairs is that yes, you
should generally consider a "click-through" license to be a binding
contract.  In light of that, you should examine the license terms
carefully, and if they're not acceptable, contact the publisher before
clicking through.  Tell the publisher that you need to negotiate the terms
and proceed as you would with any other license.  The pub will probably
need to mail or fax you a printed copy of the terms for alteration and
signature.  (Frankly, I'd suggest that you never agree to a license that
isn't signed by both your institution and the publisher.  But that's your
(or your institution's) decision.)

Hope that helps...

Rick Anderson

----------------------
Rick Anderson
Head Acquisitions Librarian
Jackson Library
UNC Greensboro
1000 Spring Garden St.
Greensboro, NC 27402-6175
PH (336) 334-5281
FX (336) 334-5399
rick_anderson@uncg.edu
http://www.uncg.edu/~r_anders

"Thou shalt not sit with statisticians 
nor commit a social science."
            -- W.H. Auden