59.1-501.12 - Manifesting assent. - Virginia Statutes

§ 59.1-501.12. Manifesting assent.

(a) A person manifests assent to a record or term if the person, acting withknowledge of, or after having an opportunity to review the record or term ora copy of it:

(1) authenticates the record or term with intent to adopt or accept it; or

(2) intentionally engages in conduct or makes statements with reason to knowthat the other party or its electronic agent may infer from the conduct orstatement that the person assents to the record or term.

(b) An electronic agent manifests assent to a record or term if, after havingan opportunity to review it, the electronic agent:

(1) authenticates the record or term; or

(2) engages in operations that in the circumstances indicate acceptance ofthe record or term.

(c) If this chapter or other law requires assent to a specific term, amanifestation of assent must relate specifically to the term.

(d) Conduct or operations manifesting assent may be proved in any manner,including showing that a person or an electronic agent obtained or used theinformation or informational rights and that a procedure existed by which aperson or an electronic agent must have engaged in the conduct or operationsin order to do so. Proof of compliance with subsection (a) (2) is sufficientif there is conduct that assents and subsequent conduct that reaffirms assentby electronic means.

(e) The effect of provisions of this section may be modified by an agreementsetting out standards applicable to future transactions between the parties.

(f) Providers of online services, network access, and telecommunicationsservices, or the operators of facilities thereof, do not manifest assent to acontractual relationship simply by their provision of these services to otherparties, including but not limited to transmission, routing, or providingconnections, linking, caching, hosting, information location tools, orstorage of materials at the request or initiation of a person other than theservice provider.

(2000, cc. 101, 996; 2001, c. 763; 2004, c. 794.)