Terms of Use Template – Part 2

Michael CarabashPlease note that the information provided herein is not legal advice and is provided for informational and educational purposes only. If you need legal advice with respect to drafting from a Terms of Use Template, you should seek professional assistance (e.g. make a post on Dynamic Legal Forms). We have technology lawyers registered who can offer quotes of what they would charge to draft/review a Terms of Use Template / Agreement.

Terms of Use Agreements are merely contracts or agreements between the website owner/operator and the website users. Claims can arise through breach of that contract, beyond the scope of that contract (e.g. in tort and negligence claims), and through breach of statutes (e.g. privacy legislation).

As a follow up to my blog about Terms of Use generally, I thought I’d spend some more time going into some detail about one particular part of the Terms of Use agreement: restrictions on website use.

The Terms of Use Agreement will typically have a section that stipulates restrictions on website use. For example, users may be prohibited from doing things like: posting or transmitting harmful or illegal content, interfering with the website’s operation, trying to hack into pass-word protected areas, and taking actions that will create an unreasonably large load on the web site’s infrastructure. Here’s Dynamic Legal Forms‘ own provisions in its Terms of Use Agreement:

Prohibited Acts. Concerning your use of the Web site, you agree not to knowingly:
(a) use any device, software or technique to interfere with or attempt to interfere with the proper working of the Web site;
(b) post or transmit to the Web site any unlawful, fraudulent, harassing, libellous, or obscene information of any kind;
(c) post or send to the Web site any information that contains a virus, bug, or other harmful item;
(d) publish, perform, distribute, prepare derivative works, copy, reverse engineer, or use the content (other than as expressly permitted herein);
(e) post or transmit into or on the Web site any information in violation of another party’s copyright or intellectual property rights;
(f) take any action which imposes an unreasonable or disproportionately large load on Dynamic Legal Forms Ltd.’s infrastructure;
(g) redeliver any of the content using “framing”, hyperlinks, or other technology without express written permission; or,
(h) use any device or technology to provide repeated automated attempts to access password-protected portions of the Web site.

Depending on what your website does (e.g. does it have a forum? does it allow users to e-mail other users? does it allow users to post comments on blogs? does it allow users to submit content through articles? etc.), your restrictions on terms of use will need to take into account these specifics. That’s where a standard terms of use template may not be sufficient. It may not anticipate everything you and your website need to be protected.

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