"We may change the terms of this agreement at any time" clause

[harleyx]

I know this is a bit outside the realm of domaining law, but I figured one of you internet hipster lawyers might know.

We ("the company") may modify the terms of this agreement at any time at our sole discretion. Your continued usage of <whatever> indicates your acceptance of the new agreement.

Does this clause seen in most T&C, User/Affiliate Agreements, Privacy Policy, and other miscellaneous online legal agreements hold up in court where the argument hinges on changes from the original agreement?

Does it hold up regardless of the company being able to prove they gave sufficient notification of changed terms and conditions?

I was just reading through a T&C agreement, that's what spurred me to ask here.

 

[draggar]

I know with the company that I work for (wireless communications) they do have this in the contract *but* give people at least 2 billing cycles warning about the changes. If the changes affected you (like you text message a lot and the price goes up) you are allowed out of your contract (ONLY if they affect you, as above, if you don't use text message or didn't before the announcement, then you can't get out). Plus, if you pay your bill with the new charges (and no call to customer service), you "agree" to the new terms.

But, as far as different companies go, YMWV (you mileage WILL vary).

Also, I am not a lawyer, I do not play one on TV, nor do I look like one.

 

[Dave Zan]

Does this clause seen in most T&C, User/Affiliate Agreements, Privacy Policy, and other miscellaneous online legal agreements hold up in court where the argument hinges on changes from the original agreement?

One lawyer blogged about something like this:

http://blog.ericgoldman.org/archives/2007/08/douglas_v_talk.htm

But that decision doesn't necessarily dictate similar disputes. If anything, it'll
give others a few ideas how to avoid a similar fate.