The Law and Terms of Use: FAQs
Dec 26th, 2006 by admin
What are Terms of Use
The website "terms of use" are contractual relationships that website operators create with the visitors to the website. Depending on the importance of the relationship, certain disclosures and validations re required. Typically the courts enforced these contracts in varying degrees based on several factors. Some of these factors include what industry the website serves, consumer versus producer orientation, the risk involved (e.g., disclosure of personal information) and dollars involved.
What is the difference between “Terms of Service” and “Terms of Use”? Usually, “Service” indicates a site where something beyond information is offered. I have a very basic website – is it necessary to post terms for my website? Every website should include some basic terms. What specific Terms do I need to include?
This depends on what you are posting or offering. Most website Terms address the following basic categories of information:
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Introductory information and site overview.
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The date of the last update.
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Privacy Policy (sometimes a separate link.)
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Account specific terms (such as payment of fees and technical support.)
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Intellectual property notices, and policies for compliance with the Digital Millennium Copyright Act.
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Licensing information and conditions.
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Warranty information and any service or product guarantees.
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Disclaimers and limitations of liability.
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General and technical rules and regulations for use of the site content and, if applicable, services.
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Legal terms, such as governing law.
However, the content of each website should be carefully evaluated for compliance with specific legal requirements and risk.
Is necessary to read the Terms for every site?
Terms are usually framed as a contract between the company operating the website and the user, so it is always recommended. Additionally, there are circumstances where reviewing the Terms is especially important, including the following (1) any time you are relying on the information obtained from the site to be accurate; (2) if you are posting content, or using any content posted on the site; (3) if you are accessing any services or tools available on the site; (4) when any of your personal information or is collected by the site; and (5) whenever you are paying for the services or products offered on the site.
What if a site does not have Terms posted?
As with any company, if you want to know policies that are not easily determined, look for a contact address and email the webmaster or site directly, requesting a copy of their Privacy Policy and Terms of Use.