Barnett v. Network Solutions, Inc

In Barnett v. Network Solutions, Inc., 38 SW3d 200 (TxCtApp 2001), the Texas Court of Appeals addressed a similar situation. It stated: "We also disagree with plaintiff's claim that the forum selection clause was placed in the registration agreement only to discourage legitimate legal claims. Even though NSI does not have the burden on this issue, the record reveals that there were legitimate reasons for including the forum selection clause in the contract. NSI has received more that 6,000,000 registration applications from throughout the world. Without a forum selection provision, NSI could be sued in forums throughout the world. Furthermore, because NSI charged only $ 35 per registration, the forum selection clause was a reasonable way to keep the price of the service low and to eliminate uncertainties." (Id. at 204.)