The dispute arose when a police officer, Thomas McMenamon,
received a print-out of a threatening e-mail, allegedly sent from
an AOL account. Officer McMenamon asked AOL for information on the
account holder. AOL gave him the name, address and age of one of
its customers, Walter Hughes of Andover, Massachusetts. Hughes
subsequently sued both McMenamon and AOL, alleging wrongful
disclosure of his personal information.
AOL’s member agreement contained the following clause:
"You expressly agree that exclusive
jurisdiction for any claim or dispute with AOL or relating in any
way to your membership or your use of AOL resides in the courts of
Virginia…"
Hughes brought his action in the Masachusetts District Court.
AOL said that the case should be dismissed on the grounds of its
forum selection clause. Hughes questioned the authenticity of the
agreement between him and AOL.
The court noted that forum-selection clauses have in the past
been upheld, unless they are shown to be unreasonable in the
circumstances. It also noted that “clickwrap” agreements have been
upheld as valid and enforceable in past cases against MSN and
AOL.
US Magistrate Judge Robert Collings ruled that Hughes had failed
to show why the agreement with AOL should not be enforced and
accordingly decided that his lawsuit should be raised in Virginia.
The case was dismissed.
