Law for Business 12th Edition by James Barnes,Terry Dworkin,Eric Richards

Exercise 5

Plaintiffs downloaded AOL's Version 5.0 software. They alleged the software caused unauthorized changes to the configuration of their computers, such that they could no longer access other Internet service providers, non-AOL e-mail programs, or personal information and files. They filed a class action suit against AOL in Massachusetts. AOL said that under the forum selection clause in the click-on agreement agreed to at the time of downloading, the suit had to be heard in Virginia. Will AOL succeed? Why?