Many websites contain a terms of use document somewhere in the site. Terms of use documents are used as a legal contract to define the expected behavior of the site owner and site users. They often define and describe what behavior is expected of users that visit the site, and the behavior that users can expect from the site owners themselves. It is very important that sites have a terms of use document to protect themselves from legal action. If the terms of use are clearly spelled out, a sites users will have a clear understanding of what a site will and will not do.
While our web sites have a very limited application, professional sites can cover a very wide spectrum. Sites can provide entertainment, communication, financial services, and many other things that people rely on. A site that sells products, such as Ebay or Amazon, would need to detail things such as management of accounts, how payments will be dealt with, and other information provided by the user. Even a site like Facebook would need to explain the terms of appropriate behavior and content that can be displayed.
Being a legal document, the terms of service needs to be very precise and exact. That is why the first part of any terms of service document is to accurately and clearly describe how all people will be reffered to in the rest of the document. You would want to differentiate between average visitors, members, and the specific parties that are the site owners. This section is often called Definition and Interpretation.
The second segment of a Terms of Service document can be what is called Terms and Acceptance. This part explains under what conditions people will be subject to the terms of service. This part is also more for the legal technicalities, but sometimes it can clarify the rest of the document.
The remainder of the Terms of Service greatly depends on the actual content and services of the site. It's important that all parts of the site are covered in detail. Most services or provided by websites can be divied in to * parts: Hosting user input, providing information, providing goods and services, .............
Hosting User Input: Information on this can be placed in a section detailing the restrictions on users actions. Websites that users can post comments or upload files can potentially be misused. Users may post offensive or illegal material on the site, and you as the site owner do not want to be responsible for it. Having such details spelled out in a terms of service document can help you avoid legal action, and give you the right to remove such offensive material. Even if material is not offensive, it may have no relation to the purpose of the web site and need to be removed. Other times, your site may simply not have the capacity to maintain all the material provided by users. In these cases it is good to have the legally backed authority to remove things from your site.
Providing Information: The exact details for this greatly depend on the kind of information that you are providing to users. On a news site, where articles are provided by a third party, it may be useful to ensure that those third parties are responsible for the content, and not your site in the event that false information is published.
In the Terms of Service, it may also be a good idea to have disclaimers for any information that you don't want people to take seriously or use in ways not intended, such as a site that simulates the stock market. You would not want people base their decisions on that information, and you would not want anyone to think that your intention was to deceive them.
Providing Goods and Services: This is quite likely the most sensitive part of any Terms of Service document, and probably should receive the most attention. Handling sensitive information such as personally identifying information and credit card numbers for purchases requires a great deal of caution and is subject to legal regulations. Since most of us are not trained in law or business, it would be best to have another person with the right knowledge do this. If such a person is not available, make sure that you are familiar with all the rules and regulations involved in these sort of things. This can take a great deal of preparation, so make sure that all details are included. In some cases it may be better to separate contract terms on purchases from other uses of the site.
Another important topic to include in a Terms of Service document is how privacy is handled. Many people are hesitant to have their personal information used or shared, and are likely to complain in the event that it is used. If the privacy policy is included in the Terms of Service document, then users can know what will happen to any personal information that they give to the web site. It should be mentioned in the Terms of Service document what information will and will not be asked for, and perhaps an explanation as to why that information is required if it is not immediately obvious. It should also be stated what may be done with the information collected; if it will be used for studies or advertisements, how long it will be retained, and the like. One of the most important things to notify users about is if their information will be shared with any other third parties, and what their purposes would be for using that information.
There are many other topics to include in a Terms of Service document and additionally many good reasons to include them. These may include how site content is managed, expectations of registered users, non-English versions of websites, and even when and how the Terms of Service may be changed. Most of this depends on the exact nature of the website and the expectations that the average user would have. For instance, a personal blog would be under far less scrutiny than the forums of a large and reputable company. Those that write Terms of Service documents must be aware of the expectations and features of their website, and write their documents accordingly.
References: http://www.easytrade.com/English/Misc/Terms.htm http://en.wikipedia.org/wiki/Terms_of_use http://www.worldofwarcraft.com/legal/termsofuse.html http://www.ehow.com/how_2290117_write-terms-service.html http://www.facebook.com/terms.php
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