Nebraska End User Agreement for Online Service Provider with Disclaimer Regarding Hyperlinks

State:
Multi-State
Control #:
US-03607BG
Format:
Word; 
Rich Text
Instant download

Description

In computing, a hyperlink (or link) is a reference to a document that the reader can directly follow, or that is followed automatically. A hyperlink points to a whole document or to a specific element within a document. Hypertext is text with hyperlinks. A hyperlink has an anchor, which is the location within a document from which the hyperlink can be followed; the document containing a hyperlink is known as its source document. The target of a hyperlink is the document, or location within a document, to which the hyperlink leads. Users can activate and follow the link when its anchor is shown, usually by touching or clicking on the anchor with a pointing device. Following the link has the effect of displaying its target, often with its context.


This form is an example of the type of agreement that would be entered into between a provider of online services and its subscribers/end-users. The agreement is drafted from the perspective of the service provider. If an agreement is required from the perspective of the end user, the following revisions, among others, should be considered: (i) a warranty regarding the availability of the Service, including a remedy (for example, a specified credit) in the event the availability requirement is not attained; (ii) a response time warranty specifying the performance of the service provider's system; (iii) an indemnity for intellectual property infringement committed by the service provider; (iv) restricting the service provider's ability to suspend or terminate the services under Section 4 by requiring the service provider to provide the end-user with notice and an opportunity to cure; and (v) deletion of the exclusive remedy in Section 10.

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  • Preview End User Agreement for Online Service Provider with Disclaimer Regarding Hyperlinks

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FAQ

While a court is much more likely to dismiss general disclaimers, it's still possible for them to be valid in court. One common scenario is that if a written and signed contract indicates that the consumer has waived his or her warranty rights after given the chance to negotiate.

No, you do not need terms and conditions on your website. Terms and conditions are not required by any state or federal laws, but having them is a best business practice. Terms and conditions can help you in the event of a legal dispute or copyright claim, as they are a legally binding agreement.

The difference between a Terms & Conditions agreement and a Disclaimer is the liability they address. Terms & Conditions are basically rules of use between you and your users. Disclaimers are more specific and address particular types of liability.

In general, almost every Terms and Conditions agreement should include the following clauses:Introduction.Right to make changes to the agreement.User guidelines (rules, restrictions, requirements)Copyright and intellectual property.Governing law.Warranty disclaimer.Limitation of liability.More items...?

A disclaimer protects you from claims against your business from information used (or misused) on your website.

However, every Terms and Conditions agreement should have, at minimum, the following clauses:A brief introduction.The effective date.Jurisdiction/governing law.Link to your Privacy Policy.Contact information.Limitation of liability and disclaimer of warranties.Rules of conduct.User restrictions.More items...?

In general, there is no legal difference. Terms and conditions, terms of service and terms of use are names all used to refer to the same document.

Terms and conditions may include:Intellectual property rights.Termination clauses.Governing law clause.DMCA notice clause.Limitation of liability.Enforceability clause.Arbitration clause.Confidentiality clause.More items...

T&C must be written in language that can be understood by the lay person. Using technical terms to the industry you operate in is fine, provided that you are confident your customers will understand them. If in doubt, simplify your language. Legal jargon doesn't make a contract any more legally binding.

A contract disclaimer is a clause in a contract's language that sets parameters on the exchange. Contract disclaimers are usually designed to prevent one party from being able to sue the other if things do not turn out as planned. Warning signs are a type of general disclaimer.

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Nebraska End User Agreement for Online Service Provider with Disclaimer Regarding Hyperlinks