Section 22-101 – Short Title

    This title may be cited as the Maryland Uniform Computer Information Transactions Act.

Section 22-102 – Definitions

    (a)    In this title:         (1)    “Access contract” means a contract to obtain by electronic means access to, or information from, an information processing system of another person, or the equivalent of such access.         (2)    “Access material” means any information or material, such as a document, address, or access code, that is necessary to obtain authorized access to information […]

Section 22-103 – Scope; Exclusions

    (a)    This title applies to computer information transactions.     (b)    Except as otherwise provided in subsection (d) of this section and § 22-104 of this subtitle, if a computer information transaction includes subject matter other than computer information, the following rules apply:         (1)    If a transaction includes computer information and goods, this title applies to the part of the […]

Section 22-104 – Mixed Transactions: Agreement to Opt-in or Opt-Out

    The parties may agree that this title, including contract-formation rules, governs the transaction, in whole or part, or that other law governs the transaction and this title does not apply, if a material part of the subject matter to which the agreement applies is computer information or informational rights in it that are within the […]

Section 22-105 – Relation to Federal Law; Fundamental Public Policy; Transactions Subject to Other State Law

    (a)    (1)    A provision of this title which is preempted by federal law is unenforceable to the extent of the preemption.         (2)    A contract term is unenforceable to the extent that it would vary a statute, rule, regulation, or procedure that may not be varied by agreement under the federal copyright law, including provisions of the federal copyright […]

Section 22-106 – Rules of Construction

    (a)    This title shall be liberally construed and applied to promote its underlying purposes and policies to:         (1)    Support and facilitate the realization of the full potential of computer information transactions;         (2)    Clarify the law governing computer information transactions;         (3)    Enable expanding commercial practice in computer information transactions by commercial usage and agreement of the parties;         (4)    Promote uniformity of […]

Section 22-107 – Legal Recognition of Electronic Record and Authentication; Use of Electronic Agents

    (a)    A record or authentication may not be denied legal effect or enforceability solely because it is in electronic form.     (b)    This title does not require that a record or authentication be generated, stored, sent, received, or otherwise processed by electronic means or in electronic form.     (c)    In any transaction, a person may establish requirements regarding the type […]

Section 22-108 – Proof and Effect of Authentication

    (a)    Authentication may be proven in any manner, including a showing that a party made use of information or access that could have been available only if it engaged in conduct or operations that authenticated the record or term.     (b)    Compliance with a commercially reasonable attribution procedure agreed to or adopted by the parties or established by […]

Section 22-109 – Choice of Law

    (a)    The parties in their agreement may choose the applicable law.     (b)    In the absence of an enforceable agreement on choice of law, the following rules determine which jurisdiction’s law governs in all respects for purposes of contract law:         (1)    An access contract or a contract providing for electronic delivery of a copy is governed by the law […]

Section 22-110 – Contractual Choice of Forum

    (a)    (1)    The parties in their agreement may choose an exclusive judicial forum unless the choice is unreasonable or unjust.         (2)    In a mass market transaction, the enforceability of a choice of forum term shall be decided by a Maryland court.     (b)    A judicial forum specified in an agreement is not exclusive unless the agreement expressly so provides.     (c)    Notwithstanding […]

Section 22-111 – Unconscionable Contract or Term

    (a)    If a court as a matter of law finds a contract or a term thereof to have been unconscionable at the time it was made, the court may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable term, or limit the application of the unconscionable term so as to avoid […]

Section 22-112 – Manifesting Assent; Opportunity to Review

    (a)    A person manifests assent to a record or term if the person, acting with knowledge of, or after having an opportunity to review the record or term or a copy of it:         (1)    Authenticates the record or term with intent to adopt or accept it; or         (2)    Intentionally engages in conduct or makes statements with reason to […]

Section 22-113 – Variation by Agreement; Commercial Practice

    (a)    The effect of any provision of this title, including an allocation of risk or imposition of a burden, may be varied by agreement of the parties. However, the following rules apply:         (1)    Obligations of good faith, diligence, reasonableness, and care imposed by this title may not be disclaimed by agreement, but the parties by agreement may […]

Section 22-114 – Supplemental Principles; Good Faith; Decision for Court; Reasonable Time; Reason to Know

    (a)    Unless displaced by this title, principles of law and equity, including the law merchant and the common law of this State relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, and other validating or invalidating cause, supplement this title. Among the laws supplementing and not displaced by this title are […]