Terms of Use

First, the Terms of Use Agreement should specify that the user's use of the website is governed by the Terms of Use Agreement, Privacy Policy, Disclaimer, and any other relevant terms and conditions, policies, and notices which apply to the website or a specific section or module of the website. You may also want to identify the website and the party which owns/operates the website. Make these terms defined so that you can refer to them throughout the rest of your Terms of Use Agreement. Back to top

Second, the Terms of Use Agreement should specify that, by using the website, the user is agreeing to the Terms of Use (and if they don't, they should not be using the website anymore). Back to top

Third, there should be some acknowledgment that users agree to any and all modifications, alterations, and updates of the Terms of Use (which become effective upon being posted on the website). Back to top

Fourth, if there are logos/designs which have been trademarked, there should be a provision in the Terms of Use agreement which makes note of this and warns of unauthorized uses. Same goes for copyright. Back to top

Fifth, the user will acknowledge that they are responsible to protect their IDs and passwords (if applicable) and also that any compromises should be reported immediately. With respect to restrictions, users are generally prohibited from doing things like: posting or transmitting harmful or illegal content, interfering with the website's operation, trying to hack into pass-word protected areas, and taking actions that will create an unreasonably large load on the web site's infrastructure.

Depending on what your website does (e.g. does it have a forum? does it allow users to e-mail other users? does it allow users to post comments on blogs? does it allow users to submit content through articles? etc.), your restrictions on terms of use will need to take into account these specifics. That's where a standard terms of use template may not be sufficient. It may not anticipate everything you and your website need to be protected. Back to top

Finally, comes the general terms that typically are part of most contracts. These terms will include things like:

• (1) The governing law for the interpretation, application, and enforcement of the Terms of Use is the jurisdiction of XXX,
• (2) This is the entire agreement in respect of this subject matter,
• (3) If any provision is severed, the rest of the Terms of Use Agreement survives, and
• (4) The effective date

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