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How to Begin Your Terms
By accessing and using this website, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using this website’s particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SITE.
This will help ensure that the proceeding TOS is legally enforceable and that the user did in fact agree to the terms and conditions.
Disclaiming Accuracy of Information
Along the same theme, you should also include a disclaimer for any liability resulting in the use of your website. This liability might arise from someone actually following any tips you might suggest or even just using the website itself. For example, in a very rare situation, someone might have an epileptic seizure brought about by viewing a certain video on your site. A disclaimer addressing these issues can help protect you from liability.
Intellectual Property Rights
Data and Privacy
When supplying goods it is vital that you make clear that you are only partially responsible for the delivery and condition of goods. Most companies will use a third party to ensure the deliveries are made, but once that package is collected from you, the responsibility lies with the courier. In your terms and conditions consider allowing a few extra days for ‘acceptable delivery times’. Unless you are shipping food products, the delivery time will not affect the state of the goods and most people are reasonably understanding of the occasional late delivery.
The General Data Protection Regulation (GDPR) is a European Union (EU) law governing privacy and data protection within the EU and the European Economic Area (EEA). This includes data collected by websites. If your website is located in the EU or provides goods or services in the EU, GDPR compliance is vital. To learn more, visit how to make your website GDPR compliant.
There is an almost limitless number of issues that can come up, and most sites will have specific issues to worry about; here are some more highly regulated areas that might give rise to legal liability:
- failure to operate a secure server that stores personal information;
- failure to identify and assess internal and external risks to the security of personal information;
- failure to monitor the effectiveness of security of personal information and update security measures as indicated by changes in website operations;
- offering monthly subscription or membership payment models, or any payment scheme where payment is made over time after the delivery of the product or service;
- sharing of personal information with others for purposes of direct marketing;
- permitting third-party service providers such as website maintenance and SEO service providers or hosting service providers to have access to the internals of your server;
- transmission of personal information outside the website’s secure system or across public networks;
- operation of a blog or forum that permits users to upload text or files;
- operating a website that targets children or at least by virtue of graphics, text, and products or services would be attractive to children under 13;
- serving third party cookies (e.g. Google Analytics);
- serving behavioral ads (e.g. Google’s AdSense);
- use of a competitor’s trademark in keyword-triggered ads; and