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

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FAQ

Is clickwrap legally enforceable? Yes, clickwrap agreements (provided they are designed, presented, and tracked in compliance with best practices) are just as enforceable as both traditional wet ink signatures and electronic signatures in the US.

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.

If your business has a website, you will need to write terms and conditions of use for visitors. These set out the legal rights and obligations between you and the users of your website. Your website terms and conditions should cover: ownership and copyright of the website's content.

The dangers and legal consequences of copying another website's terms of use and privacy policy expand beyond the likelihood that the terms will not fill your business needs. Terms of use and privacy policies are copyright-protected documents. In other words, it is illegal to copy them without permission.

Terms and Conditions Overview While most websites seem to have one, there's actually no legal requirement for defining Terms and Conditions. (NOTE: If you are gathering users' personal data, you are required by law to have a formal Privacy Policyeven if you don't have a Terms and Conditions page.)

In order for a contract to be binding, there must be an offer and acceptance of that offer. And for an acceptance to occur, the offeree must have notice of the fact that that they are entering into an agreement.

For you to legally enforce your website, application, or business's rules of use, users must first agree to your terms and conditions. Terms and conditions, also known as terms of service or terms of use, are a legal agreement between you and your users that outlines the rules of use for your website, app, or business.

No, you cannot copy terms and conditions. Copying terms and conditions is illegal, and will ultimately do more harm than good for your business. Copying terms and conditions is a form of copyright infringement, which is a punishable legal offense.

Are website terms and conditions legally binding? Yes, if they meet the elements that create a legally binding contract and how the terms are presented to the user for review and acceptance on the website.

Are website terms and conditions legally binding? Yes, if they meet the elements that create a legally binding contract and how the terms are presented to the user for review and acceptance on the website.

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New Jersey End User Agreement for Online Service Provider with Disclaimer Regarding Hyperlinks