Website Agreements, Terms of Use Agreements, Privacy Policy
Website agreements, disclaimers, terms of use contracts, and privacy policies are typically placed on a web site to inform users of the ways in which the users are permitted to use the website, and to alert users of certain restrictions on the use of the site. These contracts also provide the user with information regarding the copyright and trademark rights of the website provider (and its licensors) in the content contained on the website. Finally, disclaimers, terms of use, and privacy policies may also include legal provisions that apportion legal responsibility between the web site provider and the user.
Ideally, all users of the website should be required to demonstrate their consent to the terms of use. Many businesses, however, are reluctant to require visitors to demonstrate their consent, presumably because the business fears that this will dissuade the user from visiting its website. Moreover, we have realized that many businesses allow its website developer to copy and paste disclaimers, terms of use, and privacy policies from another similar website. This is dangerous because every business has different, unique needs. We will review these disclaimers and ensure your business is well-protected.
Links to to the disclaimers, terms of use, and privacy policies should be readily accessible at all times for reference purposes. Typically, links should be accessible from the home page of the website, and, ideally would be placed on each page of the website. It is important that that these contracts be updated on a regular basis to reflect new functionality, features, policies, types of use allowed, etc. It is best for the business to consult with a lawyer to review the website’s user contracts periodically as well as any time significant changes are made to the website.