DRAFTING WEBSITE TERMS OF SERVICE
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WHAT ARE TERMS OF SERVICE?
Terms of Service (aka Terms and Conditions, DIsclaimers, Terms of Use, ToS, TCs and ToU) is the electronic contract that spells out the rules of behavior and interaction on a particular website. A properly drafted Terms of Service for your website or social network, is your one chance to set the legal rules under which all future disputes will be litigated. Properly drafted Terms of Service are also your opportunity to bring your online or mobile property into legal compliance.
Why do we care about Website Terms of Service? Everyone knows that a website needs to have legal Terms of Service. Few people think about the obvious question: Why?
While our statutes, regulations and past cases are full of laws and their applications when it comes to everyday interactions, few laws and cases exists with respect to online interactions. Why? Our cyber universe, as a mature legal arena, has existed for only some ten or fifteen years. When compared to the hundreds of years of “real world” interactions, its easy to see why many legal “holes” exists in our system.
Under US law, these legal “holes” are filled up with with either judge-made interpretations or privately drafted contract law. Given that on any single day, a judge reviewing an online case may have come from family, criminal or juvenile courts, we would rather leave as little for judges to decide on their on as possible. We achieve this through proper negotiation, drafting and implementation of website Terms of Service.
Luckily for us, the US, as opposed to many civil code jurisdictions, respects privately negotiated contracts. Website Terms of Service are nothing more than privately negotiated contracts. Until online businesses realize this important point, they end up leaving too much for judges to decide.
Quoted from: Compliance 101: Your Site's Terms and Conditions
DO I NEED AN INTERNET LAWYER TO DRAFT TERMS OF SERVICE?
The answer is a resounding YES! As we said above, your Website's Terms of Service are your chance to dictate the legal arena (the set of rules) in accordance with which all future disputes and online compliance standards will be judged. The US is a county of laws and the Website Terms of Service is the first place all judges look for in interpreting legal standards.
Who drafts Terms of Service for does every major internet and mobile property? Do you think Google, Amazon, Ebay or Yahoo copy their Terms of Service from other websites? Consider hiring an Internet Lawyer with the experience working with major online and mobile properties. All Terms of Service are not created equal. Our Internet Lawyers have experience drafting Terms of Service for the following Mobile and Online properties:
Terms of Service depend largely on the kind of Online property you own. Terms of Service also depend on the manner in which your site binds visitors or users.
The answer is a resounding YES! As we said above, your Website's Terms of Service are your chance to dictate the legal arena (the set of rules) in accordance with which all future disputes and online compliance standards will be judged. The US is a county of laws and the Website Terms of Service is the first place all judges look for in interpreting legal standards.
Who drafts Terms of Service for does every major internet and mobile property? Do you think Google, Amazon, Ebay or Yahoo copy their Terms of Service from other websites? Consider hiring an Internet Lawyer with the experience working with major online and mobile properties. All Terms of Service are not created equal. Our Internet Lawyers have experience drafting Terms of Service for the following Mobile and Online properties:
- Terms of Service for eCommerce Sites
- Terms of Service for Blogs
- Terms of Service for Internet Promotions (including Online Sweepstakes and Internet Contests)
- Terms of Service for Squeeze pages and Landing pages
- Terms of Service for Video and Music sharing websites
- Terms of Service for Electronic Transaction services
- Terms of Service for Online Services
- Terms of Service for Dating and Matchmaking Sites
- Terms of Service for Lead Generation (LeadGen) websites
- Terms of Service for Digital Services Websites (including Ring Tones and Online Games)
- Terms of Service for Social Media sites
Terms of Service depend largely on the kind of Online property you own. Terms of Service also depend on the manner in which your site binds visitors or users.
- A click wrap Terms of Service agreement is most clearly analogous to a traditional contract. In a click-wrap Terms of Service agreement, an end-user is forced to manifest assent to an electronically expressed agreement.
- A browse wrap Terms of Service agreement is by far more common. It's an electronic agreement that binds users or visitors to a site, whether or not they ever actually "accepted" the digital agreement
DO TERMS OF SERVICE DIFFER FOR DIFFERENT ONLINE AND MOBILE COMPANIES?
Terms of Service differ across communication media. There are several factors that cause Mobile Terms of Service to differ from Online terms of Service.
Contact our Mobile Lawyer for help in drafting your mobile Terms of Service.
Terms of Service differ across communication media. There are several factors that cause Mobile Terms of Service to differ from Online terms of Service.
- Space constraints require alternative ways of viewing Terms of Service;
- Different forms of interactions across online and mobile media requires different forms of digital electronic acceptance procedures;
- The ability to provide legal notices differs across mobile and online media; and
- The laws and regulations governing mobile and online interactions differ across the States and the federal government
Contact our Mobile Lawyer for help in drafting your mobile Terms of Service.
WHEN I CALL, WHO WILL I BE SPEAKING WITH?
When you call or email us, you will be directed to Lior Leser, our Internet lawyer. Mr. Leser enables the development, protection and legal compliance of emerging online technology companies. He helps online, software and other technology companies protect their assets and reach legal compliance across the 50 states and abroad.
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Lior Leser, Internet Lawyer, represents clients in online legal compliance issues such as email compliance, online marketing & advertising compliance, software development laws, mobile compliance laws, intellectual property laws, electronic transaction laws, online contest & sweepstakes laws, and online corporate laws. Lior Leser, Internet Lawyer is licensed to practice law in Florida and California.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. - Florida Rules of Professional Conduct Rule 4-7.2(d) (1997)
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