Terms of Use Agreements, also known as Terms and Conditions Agreements or Terms of Services Agreements, are website agreements that govern a website user’s use of a particular website. These website agreements can be drafted to suit a company’s particular needs and should be updated often to comply with federal law. When used correctly, Terms of Use Agreements can often limit a website owner’s liability by providing specific notice to users, prohibiting unlawful use, and disclaiming use or reference to third-party marks or intellectual property (IP).

Legal Protection

A well-drafted terms of use agreement is legally binding and can provide adequate legal protection for a company when it offers services or goods online. Similarly, terms of use agreements can be helpful even if the company merely maintains a visible web presence without partaking in eCommerce.

Terms of Use for Website

Like privacy policies, Terms of Use Agreements must be tailored to meet a company’s specific needs. Generally, they should provide a website user with some basic notices regarding proper and expected usage of the website in question. Terms of Use Agreements should be drafted to be clear and free of legal jargon as much as possible. By explicitly explaining permitted and prohibited use, website owners can limit their liability via Terms of Use Agreements by explaining their intentions and by warning users of termination of use should they engage in prohibited or unlawful activity.

Moreover, if website owners solicit or allow for user-submissions via their website, Terms of Use Agreements can address whether a license has been extended by the user who submitted the content in the first place. By the same token, if the submissions become entangled with the rights of another intellectual property owner, Terms of Use Agreements typically allow website owners to incorporate provisions from the Digital Millennium Copyright Act (e.g., takedown procedure and safe harbor notices to avoid claims of infringement regarding such submissions) in order to address such concerns.

Website Protection

We can generally assist in properly drafting all forms of website Use Agreements. We will analyze and audit the current website usage to determine its Internet needs. Our experience in social media and Internet law helps us provide cost-efficient and effective solutions for website needs.

As an internet and eCommerce law firm, our internet and eCommerce attorneys can assist with advising on terms of use agreements legal issues. See our Internet & eCommerce service line page for additional information about terms of use agreements legal services.