What To Include in a TOS

What Should be Covered in a Website’s Terms of Service?

If you are wondering why you need a Terms of Service (TOS) page on your website and just exactly what it should contain then you need to read this article. A TOS is extremely important for your webpage in order to protect you from possible legal consequences from a disgruntled user, or even worse, a money gabbing extortionist.

If you are selling or promoting something on your website and the consumer does not get the results they expect they may well try and sue you. If you are offering information and the reader somehow feels that they have been harmed or misled by it, they might sue you. If you are an affiliate for another website and the user does not like what that website sells them they may sue you for leading them there. A Terms Of Service page can help protect you against all of these situations.

What you will need in your TOS will depend on the purpose of your website, the information it offers, the actions users can take on the website, the information that is collected on the site, and the products you promote or sell. Some important thingsĀ  that you may wish to have in a Terms of Service page are the following:

- The site is for general information only and may change without notice.
- That you do not guarantee any of the information on the website with regards to accuracy, timeliness, completeness, suitability or performance and that it may contain errors.
- That the reader of your site uses the information at their own risk and you will not be liable.
- That the material on the website is owned or licensed by you, is protected by copyright and may not be reproduced.
- That all trademarks mentioned on your website or acknowledged by the website.
- That unauthorized use of your website may be subject to claims for damages or may be a criminal offence.
- That you do not bear responsibility for any other websites linked to from your own.
- That if legal proceedings commence they will take place in your jurisdiction, not the plaintiffs.

You may well need other clauses depending on the purpose of your website. A quick glance at the Terms of Service on sites such as Yahoo or Facebook will show you just how lengthy these can be. Even though they are generally ignored by the user they should always be included to protect you from possible legal harm.

If you need a TOS for your website you should either consult a lawyer, use free online legal forms, or use a legal form generator. Whichever method you choose, just make sure you try and cover all your bases to protect both yourself and your business from possible legal consequences.

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