Cairo v. Crossmedia

Crossmedia Services, Inc. ("Crossmedia") contracted with several retailers to create interactive versions of promotional contents for them.

In 2004, Cairo, Inc. ("Cairo") launched a website that allowed users to access information on local retail sales. Cairo exploited robots, automated computer programs, to obtain sales data.

Cairo was copying data from Crossmedia's websites in violation of Crossmedia's ToS (terms of service, terms of use).

Crossmedia sent Cairo a "cease & desist" letter because of scraping & deep-linking.

Cairo filed a legal suit against Crossmedia in federal court.

Crossmedia filed a motion that Cairo bring its action in Chicago, instead of northern California, in accordance with Crossmedia's ToS.

Is a forum-selection clause in a website's stated terms of use binding on a party that made repeated & automated use of the website?

Yes. A forum-selection clause in a website's stated terms of use is binding on a party that made repeated & automated use of the website.