Do I Need Terms of Service on my Website?

Well here is the simple answer, no. It is actually not required by law to have terms of service/conditions on your website (side note: it is required to have a privacy policy). However, it is highly recommended as it is the rules that you get to set on how someone that is visiting your website can use it.

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Here are five things you should include in your terms of service:

  1. Prevent people from abusing your site. Basically you can determine that if someone is abusing your site through spamming, defamatory comments, etc., you can ban them from your site for violating your site terms of service.

  2. Intellectual property clause. This clause clearly lays out who owns what on your website. It usually includes a statement that the content and functionality on the website are fully protected by copyright, trademark and patent law and that this content cannot be copied or shared.

  3. Terminate accounts. If you have a section of your site where people can register, this clause will give you permission, and make your users aware, that if they abuse your site their account will be terminated at your discretion.

  4. Warranty Disclaimer. Terms of conditions will include a warranty disclaimer or a limitation of liability. What this does is protect the site owner from any errors made on the site and disclaims that the content they are presenting is complete, accurate, or suitable for any purpose.

  5. Governing law. This clause sets out what jurisdictions laws will govern the site. So if you are based in California, you would want to include a clause that the site is governed by the laws of the state of California in the United States of America.

Although these terms and conditions are not required by law to have on your site, it is highly recommended. Need some help with yours? Check out my legal shop to find a customizable terms of service/conditions for your site.

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