Sites that use "By using this service, you agree to X." do not hold up in court almost at all.
Sites that use "By checking this box, you agree to X." there is some semblance of a binding agreement but there's a lot of wiggle-room in court. User doesn't understand, wasn't made clear, wasn't actually the user, etc. can all be argued.
Sites where you sign your name in some way, shape or form, tend to be treated more fortified - a la Docusign, which employs an extensive set of protections against forgery and cases of misunderstanding. These cases probably couldn't be argued in court on the premise of sort of 'unintentional' agreement like the prior two could be.
This of course extends to written documents.
Unless you're signing NDAs with a checkbox (which would be kind of reckless on the issuer's part), then NDAs hold much more weight in court in most cases as there is very little ambiguity as to whether or not the signee actually meant to sign it.
Sites that use "By using this service, you agree to X." do not hold up in court almost at all.
Sites that use "By checking this box, you agree to X." there is some semblance of a binding agreement but there's a lot of wiggle-room in court. User doesn't understand, wasn't made clear, wasn't actually the user, etc. can all be argued.
Sites where you sign your name in some way, shape or form, tend to be treated more fortified - a la Docusign, which employs an extensive set of protections against forgery and cases of misunderstanding. These cases probably couldn't be argued in court on the premise of sort of 'unintentional' agreement like the prior two could be.
This of course extends to written documents.
Unless you're signing NDAs with a checkbox (which would be kind of reckless on the issuer's part), then NDAs hold much more weight in court in most cases as there is very little ambiguity as to whether or not the signee actually meant to sign it.