Terms of Use

Non-registered Users Only

This Packet Includes:

1. General Instructions & Checklists

2. Information

3. Step-by-Step Instructions

4. Terms of Use – Non-registered User

General Instructions & Checklist

Non-registered User

• A Term of Use Agreement is an essential component to a website. It establishes the rules and expectations between the parties. As such, the parties should review the document carefully.

• This agreement is broad in scope and can be used on any general website.

• Make sure that the Term of Use Agreement is displayed in a prominent place on your site so it cannot be missed by the user.

• Laws vary from time to time and from state to state. These forms are not intended to be and are not a substitute for legal advice. These forms should only be a starting point for you and should not be used or signed before first consulting with an attorney to ensure that it addresses your particular situation. An attorney should be consulted before negotiating any document with another party.

• The purchase and use of these forms is subject to the “Disclaimers and Terms Use” found at findlegalforms.com.

Information

Terms of Use – Non-registered Users

All business websites should have a Terms of Use Agreement on their site. It is a legal agreement between the website owners and the internet user. It sets forth the relationship between the parties and informs them of their respective rights and responsibilities. Terms of Use can vary depending on the subject matter of the site itself. However certain concepts remain constant such as privacy concerns, use of information, account security, and limitations of liability. This form is drafted to broadly cover a variety of situations. Generally a Terms of Use agreement should mention the following topics:

Privacy Policy

Privacy is one of the largest concerns for a user of a website. Most people know by now that the internet is not as secure as once thought. Users need to know that there are some safeguards in place to protect any personal information that is given to the website including names, addresses and credit card information. In your Terms of Use it should set forth the website’s privacy policy, and how any personal information will be used.

Copyright

It should be mentioned in your Terms of Use that the contents of your site are copyrighted. If you are planning to use someone else’s information on your site you should be sure to get their permission before posting it on your own site as well.

Protecting Minors

There are some very specific laws in place that govern the internet and minors. These laws are governed by the Federal Trade Commission and it’s a good idea for any website owner to familiarize themselves with them. In the Terms of Use there should be mention made that the website is for users over the age of 18 years old. If the site caters to or includes minors there are additional rules that should be looked into. Information can be found on the Federal Trade Commission website.

Limiting Liability

The Terms of Use Agreement should provide protection to the website from inappropriate or illegal postings that could occur. The website should monitor chat rooms and remove offensive content, and include a liability disclaimer in their Terms of Use Agreement.

This particular form has been created for websites with Non-registered users only (sites without personal accounts or registration processes). It should be placed prominently on your site so a user cannot miss it.

DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only an attorney can provide legal advice.  An attorney should be consulted for all serious legal matters.  No Attorney-Client relationship is created by use of these materials.  

THESE MATERIALS ARE PROVIDED “AS-IS.”  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 

Step-by-Step Instructions

Introduction.  Enter the company name. This provision states that the user must accept the Terms of Use in order to use the website. Fill in the website name where indicated.

1. Overview. Every user must agree to the Terms of Use.

2. Changes to Terms.  Fill in company name where indicated. This provision states that the company can change the terms of the website without notice. By the user accepting the Terms of Use they are also accepting any changes.

3. Jurisdiction.  This website is created for users residing in the United States only. Fill in Company name where indicated.

4. Scope of Use and User E-Mail. The information accessed by the users of this website is for informational purposes only. Email may not be secure and the user agrees to not send any defamatory or inappropriate material through email.

5. Copyrights and Trademarks.  The material of the site is copyrighted. Fill in the company name where indicated. The material on this site is for informational purposes and may not be duplicated, distributed, etc. without written permission of the company.

6. Links.  The website may use links, but does not endorse them, nor are they responsible for their content. The Terms of Use policy only apply to this website. You may not link to the website without the company’s permission. Fill in the company name and address where indicated.

7. No Unlawful Purpose or Prohibited Use.  The user warrants the will not use the website for any unlawful purpose. Fill in the company name where indicated.

8. Spamming.  Gathering email addresses or posting unsolicited information is prohibited. Fill in the company name and email address where indicated.

9. No Warranties. There are no warranties associated with any of the content of this site. The company disclaims accuracy of information and is not responsible for failure to update the information. The user assumes the risk of obtaining any viruses or harmful components. Enter company name where appropriate.

10. Governing Law, Location and Miscellaneous.  Enter the name of the state you are doing business in.

11. Separate Agreement.  If you have any other agreements with the company they are separate from this agreement. Enter company name where indicated.

12. DMCA Copyright Policy and Copyright Agent.  By posting this information, you may be able to limit certain types of damages caused infringing materials added or posted by your users. If you do post this provision, be sure to work with your designated agent to have a policy in place when you receive a “takedown notice.” A received notice that is ignored can further enflame what may be a sensitive situation. If your users/visitors can not add or post material, this section is of less importance and may be removed.

13. This website does not give professional or legal advice. Users should consult with legal, tax, insurance specialists to evaluate information. The site is not intending for use by minors.

14. User Disputes. User is responsible for their interaction with others on the site. Enter the company name where indicated.

15. User Submissions and Communications; Public Areas.  For the following area, only use if the website has areas that allow public submission or communication (e.g. forums, chat rooms, blogs, etc.). If the website does not include any of these areas, remove this section and renumber. If the areas for submission and communication are only open to users with registered accounts, move this paragraph into Section B below and renumber.

User is responsible for their own content and will indemnify the company for any claims that may arise resulting from the user’s content. This means that if the company was sued over the user’s content for instance, the user would be responsible for the expenses of the suit as well as for any judgments levied against the website.

When a user submits information to the public area website they have given the website a license to use and reproduce that content. Some public areas are not reviewed by the company and the user is responsible for the content posted in these areas. The company may remove any offensive content and terminate the user’s account. Fill in the areas in the section where indicated with the company name. If the site has no registered user accounts, remove mention of such from this paragraph.

16. Arbitration. If a dispute arises, the matter will be settled via arbitration.

17. Limitation on Liability.  This is one of the more important provisions of the agreement. The user enters and uses the website at their own risk. Company disclaims liability of all types that may arise out of the use of the content on this site. Fill in company name where indicated.

18. Indemnity. User agrees to indemnify the company from any claims that result from a violation of these terms of use.

19. Accounts and Security.  Each registered user will be assigned a user name and password. User will notify company of any breach in security and any fraudulent or abusive activity will result in the termination of the account. Enter the company name where indicated.

Contact Us.  Fill in your email address.