choice of law

Court Upholds Forum Selection Clause in Web Hosting Agreement


Author: Jenny Kim

The U.S. District Court for the Northern District of California dismissed Bennett v. Hosting.com for improper venue last November. The plaintiff’s company, HowFastTheyGrow.com, had signed an agreement to litigate all disputes in Jefferson County, Kentucky when contracting the defendant’s web-hosting services. The court upheld the forum selection clause despite Bennett’s contention that it was unenforceable for unconscionability and inapplicable to her tort claims.

Published in Tuesday, February 24, 2009, Volume 6, No. 3
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