Is the Terms of Use Agreement an Offer?

Netscape claims that the users entered into a legally binding contract--the terms of use agreement--in which they agreed to the presence on their hard drive and its use to track them and send them advertising.

Contracts are formed by offer and acceptance.

The terms of use agreement is accessible via a hyperlink at the bottom of the page at which you can download SmartDownoload. So, one key question is whether the terms of use agreement is an offer

True

False