Incorrect. As the
court noted earlier, "an
offeree, regardless of apparent manifestation
of his consent, is not bound by inconspicuous contractual provisions of which
he was unaware, contained in a document whose contractual nature is not
obvious.” In addition, as noted earlier,
courts routinely enforce a wide range of provisions of which typical consumers
are unaware. This suggests that it would
be sufficient to form a contract if users were aware that they were being
invited to enter a contractual relationship and that downloading indicated
assent. The examples which the court
discusses next suggest that this is indeed the court’s view.