                                 CODE OF VIRGINIA

MANIFESTING ASSENT (§ 59.1-501.12)

a. A person manifests assent to a record or term if the person, acting with
knowledge of, or after having an opportunity to review the record or term or a
copy of it:

   1. authenticates the record or term with intent to adopt or accept it; or

   2. intentionally engages in conduct or makes statements with reason to know
   that the other party or its electronic agent may infer from the conduct or
   statement that the person assents to the record or term.

b. An electronic agent manifests assent to a record or term if, after having an
opportunity to review it, the electronic agent:

   1. authenticates the record or term; or

   2. engages in operations that in the circumstances indicate acceptance of the
   record or term.

c. If this chapter or other law requires assent to a specific term, a
manifestation of assent must relate specifically to the term.

d. Conduct or operations manifesting assent may be proved in any manner,
including showing that a person or an electronic agent obtained or used the
information or informational rights and that a procedure existed by which a
person or an electronic agent must have engaged in the conduct or operations in
order to do so. Proof of compliance with subsection (a) (2) is sufficient if
there is conduct that assents and subsequent conduct that reaffirms assent by
electronic means.

e. The effect of provisions of this section may be modified by an agreement
setting out standards applicable to future transactions between the parties.

f. Providers of online services, network access, and telecommunications
services, or the operators of facilities thereof, do not manifest assent to a
contractual relationship simply by their provision of these services to other
parties, including but not limited to transmission, routing, or providing
connections, linking, caching, hosting, information location tools, or storage
of materials at the request or initiation of a person other than the service
provider.

HISTORY: 2000, cc. 101, 996; 2001, c. 763; 2004, c. 794.