Examine the following situation: Register.com alleges that Verio had violated the terms of use of Register.com's WHOIS database. Verio understands that the terms are not binding, as users may access the database with or without manifestation of express consent to the terms of use. On the other hand, Register.com points out that Verio cannot argue that it has not consented to its terms of use, since they are clearly published on its website. At the end of the terms, it states that “by making this inquiry, you agree to comply with these terms.” Verio does not claim that it was unaware of these terms, but rather that you are not prompted to click on an icon indicating your acceptance of the terms.

Principles Of Marketing
17th Edition
ISBN:9780134492513
Author:Kotler, Philip, Armstrong, Gary (gary M.)
Publisher:Kotler, Philip, Armstrong, Gary (gary M.)
Chapter1: Marketing: Creating Customer Value And Engagement
Section: Chapter Questions
Problem 1.1DQ
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Examine the following situation:

Register.com alleges that Verio had violated the terms of use of Register.com's WHOIS database. Verio understands that the terms are not binding, as users may access the database with or without manifestation of express consent to the terms of use.

On the other hand, Register.com points out that Verio cannot argue that it has not consented to its terms of use, since they are clearly published on its website. At the end of the terms, it states that “by making this inquiry, you agree to comply with these terms.” Verio does not claim that it was unaware of these terms, but rather that you are not prompted to click on an icon indicating your acceptance of the terms.

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