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AOL Case Thrown Out, User Agreement Upheld

USA Today: Portland man sues AOL over e-mail spam

A Portland, Maine man lost his case against AOL for failing to compensate him for the time he spent dealing with spam. The case is interesting not so much for its original premise (that AOL should be responsible for time dealing with spam) but rather because it dealt directly with the user agreement AOL makes all users sign - one that, in this case, forces such cases into Virginia courts.

User agreements are seldom read by customers, but they most often have the force of law behind them, unless state legislatures make special provisions to make exceptions in such contracts. These agreements are called "contracts of adhesion" in legal circles, and are sometimes considered suspect by sympathetic judges. These may prove more popular in the near future, as companies attempt to shunt spam suits into friendly forums.

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