The dispute arose when a police officer, Thomas McMenamon, received a print-out of a threatening e-mail, allegedly sent from an AOL account. Officer McMenamon asked AOL for information on the account holder. AOL gave him the name, address and age of one of its customers, Walter Hughes of Andover, Massachusetts. Hughes subsequently sued both McMenamon and AOL, alleging wrongful disclosure of his personal information.
AOL’s member agreement contained the following clause:
"You expressly agree that exclusive jurisdiction for any claim or dispute with AOL or relating in any way to your membership or your use of AOL resides in the courts of Virginia…"
Hughes brought his action in the Masachusetts District Court. AOL said that the case should be dismissed on the grounds of its forum selection clause. Hughes questioned the authenticity of the agreement between him and AOL.
The court noted that forum-selection clauses have in the past been upheld, unless they are shown to be unreasonable in the circumstances. It also noted that “clickwrap” agreements have been upheld as valid and enforceable in past cases against MSN and AOL.
US Magistrate Judge Robert Collings ruled that Hughes had failed to show why the agreement with AOL should not be enforced and accordingly decided that his lawsuit should be raised in Virginia. The case was dismissed.