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An electronic record is any record created, generated,
sent, received, or stored by electronic means. Among electronic
records are e-mail messages that you send, attachments
to e-mail that you receive, articles from a Web site that
you save on your computer, perhaps even voice mail on
your answering machine.
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An electronic signature includes any electronic sound,
symbol, or process attached to an electronic record and
performed with the intent to sign the record. Common examples
are digital signatures, initials typed at the end of an
e-mail message, or Web page agreements that require you
to click a button to acknowledge your agreement.
Electronic signatures do not necessarily require the
use of a special pen or touch screen permitting the
user to place a signature on a computer file.
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Digital signatures are a subset of electronic signatures
in which encryption
and certification
authorities are used to verify the electronic signature. |
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E-Sign legally recognizes contracts made electronically.
If, for example, you buy on-line at a merchant's Web site,
you are often led through several computer screens before
you complete your purchase. Each screen contains specific
terms of the transaction (item ID, quantity, purchase
price, total amount, your credit card number, etc.) and
an "I agree" button. Unless you click on this
button, you cannot proceed. If you complete the click-through
process and the transaction, your actions may have the
same legal effect as if you had signed a paper document
containing all the terms you accepted electronically.
Some tips for agreeing to contract terms over the Internet:
- Print your order, confirmation screen, and any
electronic notices you receive from the merchant and
keep the hard copies for later reference
- As with any contract, read the fine print. Do not
agree to contract terms that you do not understand
- If the merchant's site has a link to general terms
and conditions, review these terms before submitting
your credit card information. If you decide to buy
from this merchant, print a copy of the terms, date
it and keep it
- Remember that if you do not want to enter into an
on-line contract, you often have the option of calling
a toll free number or using some other method for
your purchase
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Many companies, banks, utility companies, or other businesses
that provide you with goods or services are required by
law to send you various disclosure notices concerning
your legal rights.
Companies now may send you this information electronically
if you wish. Before you agree to receive notices electronically,
the company must inform you:
- That you can withdraw your consent to receive notices
electronically, and how to do so
- Whether your consent is limited to a specific transaction
or covers your other dealings with the company
- Whether you can request a paper copy of electronic
notices sent to you, how to do so, and fees involved
- What hardware and software you will need to access
and retain the company's electronic notices
Some tips for receiving electronic disclosure notices:
- To send disclosures to you electronically, the company
must obtain your consent, which must be given (or
confirmed) electronically
- If you do not want to receive electronic disclosures,
watch for the screen that allows you to check "yes"
or "no" to accepting electronic notices
in the future. Note that even though E-Sign requires
an "affirmative" consent, the screen might
be automatically checked "yes" unless you
change it
- Do not give your e-mail address to any company unless
you are willing to check your e-mail regularly
- Use only one e-mail address for all your personal
business, and close all other e-mail addresses you
may have
- Keep a list of the companies with whom you have
agreed to receive information electronically, and
notify them if your e-mail address changes
- If you cannot open an e-mail you received from a
company, notify them. Do not dismiss the e-mail as
junk mai l- it could contain important information
about your legal rights
- Once you have agreed to receive information electronically,
the company may send you disclosures electronically
by various means
- Your bank may send disclosures by e-mail or post
them on its Web site and send you an alert notice
that the information has been posted. Such a notice
may be sent by e-mail or by regular mail, at the bank's
option
- An electronic disclosure must be displayed on your
screen as visual text (that is, cannot be oral). It
may appear on the screen automatically, or the company
may provide a link to it that cannot be bypassed
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E-Sign does not apply to the following transactions or
documents:
- Wills; family law matters
- Transactions governed by the Uniform Commercial
Code (except parts that govern sales and leases, to
which E-Sign does apply)
- Court orders and other official court documents
- Notices regarding:
- Default, acceleration, repossession, foreclosure,
or eviction under a lease or a mortgage on a principal
residence
- Termination or shut-off of utility services
- Termination or cancellation of health insurance
or life insurance benefits (except annuities)
- Product recalls or material failure of a product,
endangering health and safety
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