Terms of service agreements are incredibly important because they define the relationship between your website or software and your end users. Terms of service agreements make clear your ownership of your intellectual property and provide your users with limited permission to use that intellectual property for its intended purposes.Terms of service agreements also prohibit specific conduct, such as framing, hacking, data mining, and scraping. Without a terms of service agreement, these activities may be allowed; with a terms of service agreement, the website owner has a cause of action for breach of contract if these actions are undertaken. Terms of service agreements also specify the conditions of subscription and payment. They set the place and location for the resolution of disputes, and they often contain arbitration clauses to keep the costs associated with any dispute low.
Most importantly, however, terms of service agreements provide you with a limitation of liability and indemnification for a breach of the terms of service conditions by the end user. Additionally, they may provide you with certain safe harbor protections, which allow you to escape liability in certain circumstances (see Section 230 of the Communications Decency Act). These clauses provide your website or service with much needed protection from third party lawsuits.
If you need a terms of service lawyer, contact the terms of service lawyers at Revision Legal at 855-473-8474 or complete the contact form on this page.
A version of this post was published on August 19, 2013.
Image credit to Flickr user Prepayasyougo.
Receiving a copyright infringement claim as an online retailer can be stressful. Learn what counts as infringement, what claimants must prove, your available defenses, and how to respond strategically.
Read more about How to Respond to a Copyright Infringement Claim Against Your Online Store
Unclear, outdated, or poorly implemented e-commerce contracts can expose your business to disputes and liability. Learn the most common contract weak spots and how to fix them before they backfire.
Read more about E-Commerce Contract Pitfalls: What to Do When Your Terms and Conditions Backfire
Affiliate marketers face FTC disclosure requirements, false advertising liability, and data privacy obligations. Learn the best practices to stay legally compliant and protect your business.
Read more about FTC Compliance for Affiliate Marketers: How to Avoid Legal Trouble