Abstract:
Different from the traditional paper contract, the network platform user service agreement follows the non-normal contract rules and presents the character of format contract. In judicial practice, there are arbitration, jurisdiction agreement, unreasonable privacy policy, unilateral right of change and other unfair terms in user service agreement. With the development of Internet Science and technology, the court adopts more and more strict examination standard for standard clauses. In the aspect of procedure regulation, the traditional mode of prompt description is no longer suitable for user service agreement. The provider should fulfill the obligation of prompt description and provide reasonable exit mechanism for the user. In the aspect of content regulation, it is appropriate to adopt the mode of “General norms + specific enumerations”, that is, the principle of fairness and the principle of good faith as a supplement to the general review norms, the system of “Black list” and “Grey list” of the terms and conditions of user service agreement is constructed.