Terms of Service Agreements.

Get a terms of service agreement to protect yourself and your
website from lawsuits with a LawTrades lawyer.

Overview

A Terms of Service Agreement, also commonly referred to as Terms of Use or Terms and Conditions, covers a range of issues that govern the behavior of a user when they are using your website. Things like content ownership, third party websites, payments, copyright notices and more are included in this document. The terms within the agreement provide your company a framework to restrict or terminate user's' access if they violate the contract. If you have a web based service, you can see why it's vital for you to have this in place in order to set expectations for users entering your site. Your Terms of Service should prevent claims people using your website. A common feature of Terms of Service is a disclaimer which states that you cannot be held responsible for any information that may be displayed incorrectly on your site. For liability purposes, it’s important to structure your Terms in a way that represents your company, and not settle for a template that could be missing key components. Lastly, if you’re just starting out it’s smart to pair a Terms of Service agreement with a Privacy Policy.

Benefits of legal advice

Check your legal compliance 

Running a website implicates a series of rules, like privacy laws and various intellectual property concerns, so it’s smart to see if your website complies and protects everything.

Have an attorney to turn to 

There’s a good chance you’re going to like your attorney from LawTrades and want to keep using him / her. By setting up that relationship for a terms of service agreement or privacy policy, you have a legal expert to turn to when in need.

Tailored to your business 

Some (risky) companies will copy and paste terms from other websites or use a terms generator, which can lead to big problems down the road. Hiring an attorney to draft your terms of service agreement quiets any concerns.

FAQ

What’s the difference between a Terms of Service and Privacy Policy?

A Privacy Policy is used to inform visitors to your site as to how their information will be collected, stored, and how you are going to share this information. On the other hand, the Terms of Service agreement state what the user must agree to in order to use the website.

What terms and provisions are typically found in a Terms of Service?

A Terms of Service agreement may contain certain keywords, accountability for users actions/conduct, opt-out policies, payment details, clarifying the site’s legal liability, notifying the users of any modifications of terms, DMCA policy, and IP ownership clauses.

What is the Digital Millennium Copyright Act (DMCA)?

It’s a federal statute enacted in 1998 to address copyright infringement by businesses on the web. If a website allows users to upload photos, graphics, text, videos, or audio recordings then DMCA compliance is an absolute must.

Why can’t I just copy another company’s Terms of Service?

No two businesses are identical and it is not recommended that you use a generator or copy and paste another company’s Terms of Service. Although your business models may be similar, each business has their own unique identifiers which warrant a TOS. If you use data in a way that is not clearly stated in your documents, you could be leaving yourself wide open for some legal pitfalls.

Can I use Terms of Service from a template website?

The issue with using a template is that it may not be specific to your particular service and may leave out certain terms that are vital enabling trust between you and your users. i.e., you mentioned storing emails and phone numbers-- when do you collect them? What do you do with it? What if there is a breach? How do you succinctly spell all this out in your TOS?
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