Are terms of service for hyperlinking enforceable?

Question

I was advertised a service that includes a bunch of conditions for hyperlinking in its TOS[1].Conditions like:> If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to info@ourboro.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.And> We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.Seem plainly unenforceable to me. Has anyone encountered similar conditions for hyperlinking before and is there any legal precedent for these actually being enforceable?[1] https://ourboro.com/terms-of-service/

billybuckwheat · Accepted Answer

I can't see them sending their lawyers after you if link to their site without informing them. You might get a cranky cease-and-desist email but that's as enforceable as it's going to get, methinks.

webmaven · Answer

What do you mean by "enforceable"?If the penalty is something like a user account being banned, sure.If you mean some sort of criminal or civil liability, not as much.

Finnucane · Answer

Well, it doesn't say you can't link to them if you are just some blogger who wants to point at them and laugh.