Terms Of Use? Privacy Policy? Both?

How do you create a TOS?

[neilhedley]

Saw a previous post that discussed Privacy Policy generators - thanks to whoever suggested checking out Google for that free service. Most helpful.

Next question, though: What about "Terms Of Use"? Everyone seems to have it. I tried to find a similar generator for a TOS, no luck.

My attorney, being a member of the local Historical Society, kind of took on this "deer in the headlights" look when I asked if he could write a TOS for my website.

Anyone? Beuller?

[BlobFisk]

Hi neilhedley and welcome to WebmasterWorld.

A TOS is very much geared towards the type of site it is you have. Privacy Policies, in general, are quite similar for every site - but a TOS would vary.

For example, the WebmasterWorld TOS is specific to messsage boards, but the Amazon Conditions of Use are quite different.

Perhaps looking at the TOS of sites similar to your own and giving them to your Attorney as an example may help?

[edit_g]

Yup- Travel sites, for example, need extremely detailed TOS and/or Terms and Conditions (these are often contained in one document). Privacy needs to be seperate from the TOS IMO. If your site is a small personal site then perhaps all you need is a copyright notice- but always include a copyright notice.

The best way for a business to get these pages sorted out is to go to established sites which are similar to your own and write your own TOS taking guidance from some of your examples. Then give this to a good lawyer with online experience- if you give it to the guy offering "no win no fee" down the road then you may as well write it yourself. ;)

[neilhedley]

Thanks for the tips.

While my attorney is great at most aspects of business law, he's somewhat fuzzy when it comes to the online world.

My TOS isn't going to need to be all that complicated, as my site is basically brochureware, with the exception of taking user names and email addresses for an opt-in newsletter.

But there's about to be a great deal of copyright material added to it (we're an ad agency, so we're looking quickly to put our portfolio of TV and film work online, in addition to sites we've developed...) - so I need to make sure my TOS covers those issues.

I appreciate the help. Thanks again.

--Neil