It is always advised to have a Terms and Conditions agreement for your website, though it is not necessarily required. If you plan on collecting personal data from your visitors, such as their name or address,  you will require a Privacy Policy, however. The Terms of Use is also sometimes known as the Terms of Service or Disclaimer for a website.   

What are Terms of Use? 

The Terms of Use is an agreement on your website a visitor must agree to in order to use the service provided. It is important to have this agreement ready for a number of reasons. The most prominent of which is to protect its contents and prevent potential abuse by users.        

Interacting with Other Users

When offering services or products, you should put forth some degree of rules and guidelines for its usage. If someone does not adhere to those rules, it generally results in abuse of your service. In your guidelines,  you should cover all the areas of website usage you want to enforce or limit. This can include user communication, the consequences for not abiding by the website terms as well as user limitations.

There are many types of abusive users out there. They spam other users, post negative or derogatory remarks, start off-topic discussions, spread hate, and so on. Many websites allow users to comment, give their suggestions or post reviews. It should state in your Terms of Use that your visitors should only use friendly and cordial communication towards others. Stating that harmful language is prohibited is strongly advised as well.

Protecting Yourself and Your Ideas

When you build a website, the material you post is considered your property. This includes any photos you take, your company logo, written content, etc. The Terms of Use may include a clause informing your visitors that you have protected your work by copyright laws.  

You should advise users that their accounts are subject to termination if they involve themselves in any form of prohibited activity. This is also known as the Termination Clause. You have the right to ban users from using your service for having violated the terms and conditions of your website.  

Finally, annotate in the terms that the owner of the website cannot be held responsible for any kind of error or flaw found in the content. This is to limit the owner’s liability, helping to avoid potential lawsuits. Some website owners include this in their Disclaimer section. Such a section is also found at the beginning of many books to protect the writer or author from being held responsible for any error or omission.      

Legal Assistance

Consider consulting a licensed attorney to write the Terms of Service for your website. They can ensure all the needed information is included in your terms. At Dunlap Bennett & Ludwigyou can easily get in touch with a qualified attorney to have a Terms of Use prepared for your website as a legal contractYou will find the lawyers to be extremely hardworking and very experienced in this field. It is best to seek help from legal representatives regarding an online service. Your lawyer will be able to extend technical expertise as well as give proper and timely legal advice. This is so you can effectively avoid any legal problems related to your business online. With offices in Colorado, New York, Tulsa, AtlantaWashington D.C., Maryland and Virginia, the company caters to clients nationwide.            


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Posted in: Business Law, Cybersecurity, Intellectual Property, Internet

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