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US Court of Appeals: TOS may be updated by email, use can imply consent [pdf]

The US Court of Appeals for the Ninth Circuit ruled that companies can update their Terms of Service via email notification, and continued use of a service after receiving such notice constitutes consent to the new terms. This precedent-setting decision clarifies the legal standard for digital contract modifications and could significantly impact how online services manage user agreements. The ruling addresses a key legal question about whether passive acceptance through continued use is sufficient for binding contractual changes.

Background

There has been ongoing legal debate about whether simply continuing to use a service after receiving an email about updated terms constitutes valid consent to those changes. Courts have previously been divided on this issue, creating uncertainty for both companies and consumers.

Source
Hacker News (RSS)
Published
Mar 9, 2026 at 02:28 PM
Score
7.0 / 10