Every website needs Terms and Conditions, and every website owner should hire a top-tier Terms and Conditions lawyer to prepare them. Here is a brief explanation.
What are Terms and Conditions for a Website?
In brief, a website’s Terms and Conditions are the contract that governs use of the website by its users. Most often, users of a website agree to the Terms and Conditions implicitly by using the website and its services. Many times, though, a website will require users to explicitly agree to the Terms and Conditions. Terms and Conditions are valid and enforceable whether the user’s agreement is implicit or explicit. However, if implicit agreement is the basis of the agreement, then some extra steps are necessary. For example, the statement forming the implicit agreement must be prominent — on the first page and NOT requiring a “scroll down” — and links to the Terms and Conditions should be prominent and numerous — that is, contained on many pages.
What Should be in My Website’s Terms and Conditions?
A website’s Terms and Conditions should be long and detailed. As noted, you really need the help of experienced internet law attorneys to properly and completely draft your Terms and Conditions. Terms and Conditions protect the owners of the website. Generally, Terms and Conditions should include the following provisions:
- Rules about user behavior
- Regulations with respect to user-uploaded content (if allowed)
- User license provisions — how are users allowed to use the content provided on your website?
- Intellectual property provisions — these include provisions about how users can use your content (such as your copyright material), but also prohibitions against the infringement of intellectual property owned by others along with rules, regulations and restrictions on uploading intellectual property (if uploading is allowed)
- Termination provisions — allowing the website to terminate user accounts or service for reasons including violation of the Terms and Conditions
- Privacy statements and notices — if your website collects ANY information about your users — such as credit card account numbers and addresses — you must provide legally sufficient notices and obtain consents for such collection, use, sharing, sale, storage and deletion of such data
- Contact information — many State laws now require that users must have a method of contacting the website’s operator via mail and by phone
- Limitations on damages — for example, limiting your website’s legal liability for matters like viruses, spyware, inaccuracies and errors, damage caused to devices, damage caused by the user or third parties, etc.; limitations on damages are important to protect the website owners from legal liability
- Disclaimers of warranties — these are disclaimers of warranties; examples include a disclaimer on a legal information website that the information is NOT legal advice and that NO attorney-client relationship is created by use of the website; disclaimers are important to protect the website owners from legal liability
- Choice of Law and venue provisions — which State law will govern the Terms and Conditions and in what forum can disputes be brought?
- Effective date and users bound by amendments/updates
Contact Revision Legal
For more information or if you need help with drafting Terms and Conditions, or if you have other legal issues related to internet law, contact the trusted internet lawyers at Revision Legal.You can contact us through the form on this page or call (855) 473-8474. We are lawyers specializing in internet law.