Many will tell you that online contracts are not much different than paper contracts.  Attorneys usually describe online contract law as normal “black-letter law of contracts,” yet many online contracts are not drafted in a way that provides for the normal protections as a written contract would usually include.  Many agreements out there all look the same and seem to have the same inadequacies. This is likely due to the online culture of “copy” and “paste.”

The general common mistake is to not anticipate a breach of your online contract.  Many questions should come to mind. When you are doing internet business nationwide and even worldwide, do you want to expose yourself to suit in all 50 states? Is there a way to limit your liabilities with waivers of warranties and guarantees? What if you need to modify the terms of the agreement for existing customers?  There are ways to protect you from this type of exposure and to include some of these protections.

With diligent drafting, it can be predetermined where you can be sued.  You can provide in your agreement for the procedure for modifications to the terms or limit possible litigation costs by requiring arbitration or other mediation process instead of going straight to the courtroom.

Be careful about these pre-written agreements.  Many of these self-written online, click-wrap, end-user agreements may not be enforceable if not drafted correctly.  This can easily be avoided with competent legal help.