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There is some confusion over whether websites must post terms of use. While websites are legally required to post a privacy policy, they are not legally required to post a terms of use agreement page. However, it is strongly recommended that websites in all sectors post terms and conditions.
When the user accepts the terms ? i.e. checking a box or clicking a button to indicate acceptance ? the Terms and Conditions become a legally binding contract. However, proper presentation and acceptance methods are key to enforceability.
At a minimum, make sure your Terms & Conditions contains clauses with the following information: Your rules for using your site or service. A statement on intellectual property, copyrights and user generated content (if applicable) Disclaimers of warranties and limitations on liability. Your right to cancel accounts.
Examples of What To Include in a Terms of Use Agreement Limitation of liability. Website use guidelines. Definition of impermissible conduct/abuse and termination clause. Governing law clause. Privacy policy, if necessary. Intellectual property clause. Permitted use clause. Information on the use of cookies.
How to Write Terms and Conditions Detail Your Introduction. ... Talk About Updates to Your Terms of Service. ... Inform Users of the Agreement. ... Outline Your Responsibilities. ... Detail Prohibited Activities. ... Discuss Website and Content Ownership. ... Talk About Rights to Access. ... Write Your Company's Rights.