Lay Out Your Web Site’s ‘Terms of Use’

There are many aspects to keeping your company’s Web site running, including design, links, interesting content, and frequency of updates. But one of the last things you might think about is listing the conditions for using the information posted.

It is important to lay out the terms of use that influence a visitor to your site. These are simply the conditions that govern visitors’ use of material on the site.

Typical subjects include copyright protection, lack of responsibility for incorrect information, and prohibitions against using copyrighted material without permission.

Web site owners sometimes let other sites reproduce content freely if it’s used for a non-commercial purpose. For example, a site featuring safety information might allow a non-profit children’s organization to freely reproduce information on bicycle safety. However, it may not be willing to allow a for-profit site to run the information as an article for free.

Other Web site owners license material for reproduction. This assumes that the owner also owns the material and has legal authority to give such permission. If for example, the information was obtained from another source, the owner may not be able to authorize use.

When it comes to Web site terms of use, no one-size-fits-all, but here are some typical clauses:

Acceptance of agreement. The user agrees to your conditions as a prerequisite to using the site. The user usually clicks on an agreement button to enter the site.

Copyright. State that the site owner, or a third party, holds the rights to assets such as content, graphics and design. Copying and redistribution is allowed only as permitted.

Permitted uses. This provision states that visitors can utilize the material in limited ways, such as for non-commercial or academic purposes.

Forbidden uses. Frequently, Web sites list situations in which material may not be used. For example: “Material from this site may not be used to form a database.”

Linking to the site. Specify when linking to the site is permitted. This or another section may disclaim responsibility for the accuracy of links.

Registration. With this feature, users agree to register if requested before accessing site information.

Errors and omissions. Include a statement that the site may contain flawed information, for which your company will not be held responsible. This goes for original content or material created by third parties.

Disclaimer. This provision cancels all warranties and guarantees as to the accuracy of information and suitability of services offered on the site.

Limitation of liability. Set out losses, injuries and damages for which the Web site owner won’t be responsible.

Miscellaneous provisions. Lay out which state law applies, how the agreement will be interpreted, and what remedies are available against the site owner.

Remedies. This frequently-used clause states that disputes will be resolved by arbitration.

The exact provisions in your company’s terms of use depend on the material posted on your Web site and your need for protection from users’ claims. Talk with your attorney for more information.

Is it a Contract?

Internet contract law is still developing. In general, courts have held that merely including a terms of use link on a Web site doesn’t create a contract, unless the user is asked to do something affirmative, such as clicking an “I agree” button.

Another way of creating a contract, which requires an offer and acceptance, is by including language such as: “By using this Web site, you agree to these terms and conditions. If you don’t agree with them, do not use this Web site.” That warns users that they’re expected to accept the site’s conditions.

Discuss the exact wording with your attorney.