Fteja v. Facebook, Inc.
United States District Court for the Southern District of New York
841 F. Supp. 2d 829 (2012)
Mustafa Fteja (plaintiff) sued Facebook (defendant) in New York state court after Facebook disabled his account; Facebook moved to transfer the case to Northern California under a forum-selection clause in its Terms of Use, which Fteja claimed he never agreed to. To register for Facebook, a user was shown a "Sign Up" button beneath a sentence stating that clicking it indicated agreement to Facebook's Terms of Service, with "Terms of Service" itself hyperlinked to a separate page containing the full policies, including the forum-selection clause; Fteja had clicked the sign-up button to create his account.
Whether a user who clicks a sign-up button acknowledging agreement to hyperlinked terms of service is bound by those terms, including a forum-selection clause, even if the user never actually clicked through to read them.