HTML: checkbox for agreeing to terms and conditions

[NeoDreamer]

This is a discussion on usability and legality.

If I automatically check the checkbox next to "I agree to the terms and conditions", does that have any legal binding? I'm just wondering why no site has it automatically checked. I think it would be easier for my users to not go through the trouble of checking it, because no one ever reads the terms and conditions. It's also hard to see on the first try because this kind of checkbox has much less visual weight than other form elements.

What's even more annoying are sites that force you to scroll through the terms and conditions before the next button becomes enabled.

[Pherank]

That's the point, though: the user is forced to make a conscious decision to interact with the "Terms and Conditions" if they have to scroll, or have to click an "Agree" button. The user can't really say that they never saw anything about the T & C on the website. In theory, it would hold up better in court.

[mrE]

Originally Posted by Pherank

That's the point, though: the user is forced to make a conscious decision to interact with the "Terms and Conditions" if they have to scroll, or have to click an "Agree" button. The user can't really say that they never saw anything about the T & C on the website. In theory, it would hold up better in court.

dead on.

[Syous]

The user can otherwise claim I didn't see it if it was already checked, regardless of how obvious you make it that they are agreeing to it.

However Adobe doesn't use check marks, they have a disclaimer on the form that says by submitting this you agree to blah blah blah - they can probably get away with it because they have better lawyers in the event that anything happens to them haha.

[FNfG]

hehehe ... Syous, sounds about right.