Network Services Agreement The Force Of Law Analysis

Use agreement of network service, a new form of the traditional contract, has its own inevitability in emerging and development. And the wide use of it has made the transaction more efficient while brings urgent problems in the domain of law. To ensure a healthy development of use agreement of network service and make it fair and efficient, it is necessary to discuss about the problem of its legal effect and find a proper way to solve this problem.Besides the foreword and the conclusion, this article divides into four chapters. Chapter one introduced the definition, natures, main parts, and the features of use agreement of network service, obtained the conclusion that use agreement of network service is one kind of electronic standard contract. Chapter two narrated the American court and the American legislation organization's attitude toward the use agreement of network service and its change. After that, the author, from the angle to promote the development of Chinese internet industry and link up to the global system, discussed the necessity for China to acknowledge the use agreement of network service and summarized the essential conditions of the effective use agreement of network service. Chapter three analyzed the legal effect of modification, disclaimer, remedies for violations, application of the law and jurisdiction clauses. In the fourth chapter, the author gave some suggestions about the improvement of the use agreement of network service in our country. To balance the positions of the parties in the use agreement of network service, we should consider it in different aspects of legislation, administration, and self regulation of the industry. This article tries to achieve the goal of making the use agreement of network service most effective while ensuring the justice and helping to perfect the law of internet.