IT Ethics and Responsible Conduct

IT Ethics and Responsible Conduct

Implication of the Finding

By having the Website Terms of Service (ToS) enforced, it will likely generate positive outcomes. They include the fact that the users will have no requirements of access to operating the website. It reflects by the easy it will be much easier to deploy different functions having no configurations. Also, the enforcement of the terms of service on the website with the user not having to click it will create ease access to websites as there will be no restrictions. Here, it will make it easier for anyone interested in the website to make use of it as they will be qualified to have access to it. Additionally, allowing the user not to click through will help in saving time as the whole process of having to engage the user will be cut, thereby avoiding cases where time will be wasted. Therefore, this will create a positive implication to the findings as it will increase the chances of having the legal agreement s and terms of service put into practice on time.

The upholding of the terms of service on website and not having the users click through it also have negative implication. It relates to the fact that it is not acceptable by law. Usually, the users are expected to also take part in the agreement according to contract law. By not allowing the customers to have a click-through will act to disadvantage them in operating the software. Here, it is expected that the website will not compel to the arbitration (Morrison & Foerster LLP, 2017). Also, there will be a burden in manifesting different tasks within the system. Most of the users will not be versed with the consent of the terms of service, which will affect their acceptance.  This implication will affect the findings as they will not be reliable in enhancing the enforceability of the terms of service.

Terms Ethically Appropriate for the Agreements

Some of the terms ethically appropriate for such agreements require a good presentation and user acceptance.  By having a good presentation, the court ruling will likely have it easier in analyzing the presentation of the legal agreement.  A lousy presentation serves to make it difficult for the council to determine the case and explaining whether the terms were to be agreed to. Additionally, user acceptance is critical in this case, as any contract needs to be valid by including both parties. In this case, the users are part of the agreement and should not be exempted whatsoever.  ‘Morrison & Foerster LLP’ (2017) explain that they serve the purpose of determining the position of the court over the findings of the case. It is thus essential to ensure that the users are included to make the agreement legal.

Records are also essential as they need to be signed on the back-end to make the agreement complete. By having the users engaged and sign to the contracts before making use of the websites will act to support the court ruling. There should always be evident in the user’s acceptance to the terms as it serves to provide for evidence in case of any issue.  It thus makes it essential always to keep track of the terms enforced from time to time. Lastly, the users need to be notified in case of any changes that are made within the terms of service, through informing them. It makes them aware of the new terms put in place, forcing them to comply with it.

Response Post

Dear Andy Dc,

I agree that the “Clickwrap ” and “Browsewrap” function serves well in applications allowing one to have ease access to the software. Usually, it works by enhancing the navigation tools in use to present access for the user to go through the software. It allows people to efficiently utilize apps by nit necessarily having to go through the terms and services.  But the fact that they agreed to the terms provided even without having full details on the contract; it minimizes them from being haunted back. I as well agree that there are terms that can be applied to facilitate the contractual obligations without impeding the expectations of the customers.  The terms will be able to serve users to operate the software without being held down.  It only applies to the users intending to alter these software’s illegally as it will get hold of them in the process of engaging in the acts.

Morrison & Foerster LLP. (2017). Second Circuit Scraps District Court’s Denial of Uber’s Motion to Compel Arbitration. exology.com/library/detail.aspx?g=fe9a159b-8944-4527-9d04-b71591d27658