Most often when anyone thinks about designing a website, it is generally all about the physical appearance and make it user friendly. However, a very important aspect that is often not thought about is providing information about the terms of use of that website. The terms of use or terms and conditions of a website provide visitors with the rules of how they are allowed to use the website, as well as providing information on ownership of content posted on the website and providing legal protection for errors and content posted by others.
An effective terms of use includes:
• Guidelines for using the website, including prohibition against abuse
• Information about procedure for termination of accounts
• Ownership of the content the website posts
• Limit on liability
• The governing law
The terms of use is a contract between the website and the owner. Any person that uses the website consents to the conditions posted by the website, which includes following the appropriate behavior set by the website. The terms of use allow website owners to clearly state that abuse is not tolerated on their website. Abuse can include spamming other users and posting defamatory comments. If the website has terms of use that indicate that abusive behavior is not acceptable, then that allows for the website owner to terminate the account of anyone who does not follow these terms.
A Terms of Use page also allows the website owner to post a statement regarding ownership of content they post on the website by including an intellectual property clause. This clause will prevent a user or someone else from using content that is published on the website as their own.
The Terms of Use will also help prevent liability for the website. The clause that is included is a warrant disclaimer, which limits the website’s liability if an error appears on the website. This clause lets visitors and users of the website know that the owner of the website cannot be held liable for the information being provided being suitable for any given purpose. A final item of importance for the Terms of Use is the governing law under which these terms and conditions will be interpreted. The general practice is to indicate the laws of the state in which the business is registered.
A Terms of Use is a fairly simple document that can help protect a website owner from liability. Rincker Law, PLLC is prepared to help in the creating of terms and conditions that are appropriate for your website.