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Terms of Website Use

Blacks Solicitors’ Commercial Law team regularly provide pragmatic, cost-effective advice in relation to the drafting and review of Terms of Website Use documentation.

Although not a legal requirement, it’s a good idea to have Terms of Website Use in place.

These are effectively a set of regulations which users must agree to follow in order to use your website. This will usually be backed up by a Privacy Policy that informs users what kind of data you collect and how you are using that data.

Here are five reasons why you should have Terms of Website Use in place.

Prevent abuse of your site

The ‘Terms of Use’ are a legally binding contract between you and your users. They set out the rules and guidelines that users must agree to, and follow, in order to use and access your website or mobile app.

In the Terms you can include sections to inform users of the guidelines of using your website and what happens if users break the rules.

Examples of actions that break the rules include things like posting defamatory content (which could see you be held liable if you don’t have Terms in place), sending abuse to other users, and posting links to copyrighted material.

Own your content

As the website owner you own the content i.e. the design, the layout etc., with the exception of user-generated content.

In the Terms, you can inform users that you are the owner of the content (as mentioned above) and that the content you own is protected by Copyright.

Closing of accounts

Having terms in place will let you put in termination provisions that state that users who abuse the website services will have their accounts terminated and will be banned from using the service.

These kind of provisions will usually be aimed at websites that have a registration section (i.e. where a user must register before using and/or accessing certain sections of the website).

Limiting your liability

Having a Limitation of Liability Clause in your Terms is a way of minimising any financial exposure to anyone who uses your website and suffers a loss. It will essentially say that your liability is excluded to the maximum amount possible under law.

Set the jurisdiction

With the internet being global, you want to make sure that in the event any kind of legal action is taken against you it’s not done in a country thousands of miles away from you.

 

For more information on the above, or to find out about how Blacks’ Commercial Law team can assist you with Terms of Website Use, please email or call us today on 0113 207 0000.

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