Writing a Terms of Service

Need to write one for my web site

[jchampliaud]

Any suggesting on writing a Terms of Service? I don’t want to just copy one from another web site. I would like to know what and what not to include.

[Webwork]

Do like most people: Examine the terms of service of 1) the major sites (they have the best lawyers, no doubt); 2) the largest site in your competitive area; and, 3) sites relevant to what you are selling/doing. Then, cull out the best and most relevant terms and modify them to fit your site's operations.

You might, after doing all of that, run it past a lawyer but most lawyers are largely clueless about operating an online enterprise. Might look for a specialist if you are concerned. Might cost you $500 for a review of what you have worked up.

Webwork, Esquirewebmaster

[trillianjedi]

I entirely agree with Webwork. Only other option is to get a lawyer to draft one for you.

If you DIY - watch out for the most common non-lawyer mistake which relates to defined terms.

In a legal document, this:-

...purchasers of widgets from us ("the Consumer")....

means that further references to "the Consumer" with a capital "C" refer back to the original definition. If you copy and paste other peoples, you'll often find different lawyers have used different defined terms. Joe Lawyer II may use the term "the Purchaser" instead for example. If you use one clause from Joe Lawyer II's document, you'll need to change references to "the Purchaser" to "the Consumer" or vice-versa.

Make sure you consolidate and keep everything consistent.

You'll also need to check that the definitions fit, and are correct.

Then run it past a lawyer for a final check over.

TJ

[jchampliaud]

Thanks, Webwork and trillianjedi sounds like good advice.

[rogerd]

Note, too, that the features on your site may entail special terms of service. A few thoughts come to mind, but there are no doubt many more:
- a discussion forum
- other user uploadable content
- product reviews
- editorials
- image galleries or image links
etc., etc.

Each feature may require some particular terms of service or disclaimer. (One example from the print world: for many years, the Old House Journal has included a page titled "Remuddling", which has a photo and brief comment on a particularly ugly desecration of a building that previously possessed historic character. Very amusing (except for the loss of the historic building), but a few years ago an unhappy owner of a featured building sued them. Now the page is clearly labeled "Opinion".

The point is, look at sites with similar features to yours and learn from their legal work (or their painful experiences).

[Webwork]

Good point Roger. I have drafted separate TOS for 1) visitors; 2) advertisers; 3) forum users; etc.

Also, if you will have people contributing articles, photos, etc. you will want to research "licensing agreements" which define what you can do, etc.