Click-wrap agreements require the user to do something active, such as click an icon or selection box, to indicate their acceptance of the agreement. A browse-wrap agreement assumes that by browsing a website the user has accepted the agreement, regardless of whether the terms are brought to the user’s attention.
It is fairly settled that click-wrap agreements are enforceable; however, despite being so common, the enforceability of browse-wrap agreements remains debatable. Recent case law has focused on a few issues to keep in mind. 
With respect to browse-wrap agreements, courts are more likely to find unilateral changes to such agreements acceptable when they affect business-to-business relationships as opposed to business-to-consumer. Courts have also looked more favourably upon unilateral changes when they give the consumer an opt-out period.
The technical language used in online agreements can also have significant implications for copyright owners. For example, it has been held that if a term within a software license is merely a promise and not a condition of the license, then if the licensee violates the license, the copyright owner has no claim for copyright infringement, just breach of contract. Using precise language, such as “provided that…”, however, can make terms "conditions" of the license and, therefore, enforceable under both copyright and contract law claims.
While the law governing online agreements remains unsettled, there are a few tips for website owners to remember:
- Consider the nature of the parties entering into the agreement. Courts are more likely to find unilateral amendments unfair for consumers but less likely for businesses.
- Provide an opt-out period for consumers when implementing unilateral amendments within which they can choose to reject the changed agreement.
- Ensure that consumer protection legislation is not overridden, especially by mandatory arbitration or jurisdiction clauses.
- Draft copyright licenses using the term “provided that...” in order to permit remedies for breach under both copyright and contract.