iamlost - 5:55 pm on Oct 30, 2011 (gmt 0)
Those are questions to ask a competent qualified attorney.
Disclaimer: The following is not legal advice.
Generic templates as BeeDeeDubbleU suggested search query returns are many and readily available. While I do recommend competent legal advice for business legal matters they certainly provide a convenient default starting point.
Much that is in contracts - and web site Terms and Conditions are a type of contract - is 'boilerplate', i.e. standard provisions, that are reusable in many different contexts. As such copyright would not apply.
However, (1) both jurisdictions and business requirements differ enough that simply cutting and pasting from elsewhere may not be entirely appropriate for your business in your jurisdiction; (2) it can be helpful to account for requirements of other jurisdictions, especially those of your most troubling scrapers and competitors; (3) it can helpful to account for the requirements of web entities, i.e. SEs, regarding copyright, privacy, etc.; (4) while I have never heard of anyone claiming copyright infringement on a contract I wouldn't wholly discount the possibility (especially in the litigious US).
Note: remember that 'your' jurisdiction is not only where you reside but also where your server(s) reside, your business is registered or has a presence.