How would I word my terms of service?

content downloading

[pcgamez]

I run a book database site (see sig). The database is under an open content license. Other than the normal "not responsible for errors or ommissions..." line, how would I word the following in a less loophole filled way:

Under no circumstances is anyone allowed to use a program to pull content from the site.

There are many programs out there that will let you browse database sites like Amazon, IMDB, etc and pull the content without the user ever actually ciewing the site (or ads).

Suggestions?

[rogerd]

I'm not sure how effective your TOS will be in preventing those with nefarious intentions from accessing your content, but I'd start your process by reading the TOS of sites with similar content to yours, preferably ones that have been in existence for a while and have good attorneys. You'll benefit from their experience with content grabbers as well as their legal advice. It would be best to have your attorney customize the wording to your site and your geographic legal jurisdiction.

Depending on what kind of automated downloaders are hitting you, you might approach this from a technical standpoint, too. For example you could ban specific user agents or problematic IP addresses.

[Marshall]

Try this, it's pretty standard. Then again, enforcing it becomes an issue -

"Use of Content on the Site

You may view, download and print contents from the Site subject to the following conditions: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of XYZ Site without the express written consent of the owners, and/or other contributors to this site. You may not use any meta tags or any other "hidden text" utilizing the Site's name or trademarks without the express written consent of the owners, and/or other contributors to this site. You may not use any logo or other proprietary graphic or trademark as part of the link without express written permission.

You do not acquire any ownership rights to any content in the Site. Any unauthorized use terminates the permission or license granted by the owners, and/or other contributors to this site."

Where it has site, put your site's name.