112. Manifesting Assent.

 

(a) [How person manifests assent.] A person manifests assent to a record or term if the person, acting with knowledge of, or after having an opportunity to review the record or term or a 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 know that the other party or its electronic agent may infer from the conduct or statement that the person assents to the record or term.


(b) [How electronic agent manifests assent.] An electronic agent manifests assent to a record or term if, after having an opportunity to review it, the electronic agent:

(1) authenticates the record or term; or

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


(c) [Assent to specific term.] If this [Act] or other law requires assent to a specific term, a manifestation of assent must relate specifically to the term.


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


(e) [Agreement for future transactions.] The effect of this section may be modified by an agreement setting out standards applicable to future transactions between the parties.


(f) [Online services, network access, and telecommunications services.] Providers of online services, network access, and telecommunications services, or the operators of facilities thereof, do not manifest assent to a contractual relationship simply by their provision of those services to other parties, including, without limitation, transmission, routing, or providing connections; linking; caching; hosting; information location tools; and storage of materials, at the request or initiation of a person other than the service provider.