Attorney Customizes Terms of Service for Your Website

Creating rules to promote trust and accountability in e-commerce

If you are a business owner launching or running a website, a Terms of Service (TOS) agreement serves as a rulebook for both you and your customers. It defines standards of usage and shielding you from liability for alleged misuse of your site. At Andrew M. Jaffe, Attorney at Law in Fairlawn, Ohio, I draft and develop TOS agreements for e-commerce vendors, forum administrators, bloggers and other website operators across the United States. As a knowledgeable Internet law attorney, I will help you craft a TOS that suits your business, complies with all pertinent laws and effectively protects your interests. 

What are Terms of Service?

A Terms of Service agreement is a contract that binds users, either by explicit consent via a checkbox or implied consent. It outlines what a user can and cannot do on the website, what your company is and is not responsible for and how disputes will be handled. Your TOS defines acceptable uses, prohibits illegal activities or spam and clarifies duties such as data privacy. Limitations might include disclaimers on service availability or liability for user errors. A TOS protects your business from misuse and reduces potential for conflicts. In most cases, a strong TOS will stop a legal battle before it begins.

How Terms of Service apply to your website

Your TOS directly governs interactions on your site. It specifies rules for site use, covering such terms as:

• Identification of the business 
• Description of the service that your site provides
• Payment methods
• Terms of delivery of e-commerce items
• Refund/exchange policy
• Age restrictions 
• Location-based restrictions
• Prohibited behaviors
• User registration requirements, including right of withdrawal information
• Clauses on risk allocation, liability and disclaimers
• Data handling policies and protocols
• Content ownership
• Disclaimers for linked sites
• Limit of liability disclaimer
• Warranties/guarantees for goods and services
• Contact information for complaints
• Provision for changes in terms of service
• Security protocols

When I write a TOS for your website, I go through it section by section with you so that you understand exactly what your obligations are to the customer, as well as what the customer’s obligations are to you. 

Legal protections that a TOS agreement provides

A good TOS lets a website owner exercise control over the content and operations of the site. Your TOS can address various areas of concern, such as:

• User behavior — Websites that offer interactive forums can ban users for harassment or deny access in order to foster a safe environment. 
• Intellectual property — Your TOS can support your efforts to build your brand without fear of infringement. You can safeguard your own rights, such as trademarks and copyrights, and present terms for licensing user submissions. 
• Liability — Your TOS can shield you from liability for user misconduct. It also can express your intention to comply with applicable laws and regulations and outline your compliance protocols.
• Dispute resolution — Your TOS can prescribe methods, such as mediation or arbitration, to settle conflicts. The TOS might contain a choice-of-law clause, allowing you to choose which state’s or country’s laws govern any lawsuits or other legal actions.
• User experience — A fully transparent TOS builds user trust and encourages engagement. 

Your TOS should address any issues that might damage your image or expose you to liability.

Risks an Internet law attorney can help you avoid 

Many website proprietors believe they can get by with downloaded TOS templates. Some even copy TOS agreements from existing sites offering similar services. However, you can’t know if those agreements are incomplete, outdated or unsuitable for your business. Vague or broad terms could be unenforceable, denying you critical protections. Unclear language also increases the risk that a minor dispute will escalate, costing you time and resources. Finally, for website owners who would like to grow or sell their business, a poorly drafted TOS provides limited credibility, signaling they are poor risks for investors.

Non-compliance with state, federal, and international laws regarding data protection invites liability and substantial penalties. These laws often change, and without continually updating your TOS, what was once a sound document two years ago is now outdated and potentially dangerous to your legal health. For example, inadvertent violations of consumer rights can lead to an FTC investigation and potential sanctions. If you have failed to define your scope of liability in certain instances, you could face crushing losses if a party takes legal action. A failure to consider terms for dispute resolution could force you to litigate in an unfavorable venue.

Contact a knowledgeable e-commerce attorney to draft your website TOS

Andrew M. Jaffe, Attorney at Law in Fairlawn, Ohio helps e-commerce businesses create effective Terms of Service agreements for their websites. To schedule a consultation, call 330-845-6027 or contact my office through email at [email protected].