User Agreements for your website
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Many people ask if they have to have a user agreement on their website. The question is not easily answered, but for argument’s sake the answer is, “Yes, absolutely.” Furthermore, websites geared towards children are bound to the Children’s Online Privacy Protection Act, and ecommerce sites must abide by specific consumer protection laws, thereby making a user agreement a must have for both types of companies.
The number of words in the English language for “online user agreement” rivals the number of words Eskimos have for snow. Privacy disclaimer, terms of service and acceptable use policy are all common names for user agreements. Whatever the nomenclature, they’re the conditions a user agrees to when using a website, online service or piece of technology - the proverbial fine print.
If you’re thinking, “I don’t need no stinkin’ contract, I just have a small affiliate marketing website that only brings me $20 a month” - think again. Irrespective of slow-traffic, a basic disclaimer is always a good idea. And believe it or not, many SEO-gurus have proved that search engines award agreement-sporting sites with slightly higher SERPs. Also, various behavioral studies have shown that the average Joe or Jane has more trust in websites with posted user and privacy policies than those that don’t -- just seeing it exists puts potential purchasers at ease. A user agreement won’t be your golden ticket to the front-page of Google, but every little bit of on-page SEO helps
Licensing restrictions are a standard inclusion in basic user agreements, as they outline what you can and can’t do with the content found on a given site. If you’re not concerned about other people copying your content and posting it somewhere else, put that in a user agreement - it may actually save you from liability down the line if someone uses the content they copied in an unsuitable manner. One the other hand, if you want to fully protect the content on your website, it’s important to delineate your copyright and trademark restrictions in a user agreement. Online defamation lawsuits are on the rise; so as an added layer of protection, include a disclaimer of liability on your site.
Marketplace operators should absolutely have a professionally drafted user agreement on their site. The law, however, disallows you from randomly making up your own sales agreement. It has to adhere to pertinent federal and state statues.
For those who do business in Europe, Safe Harbor Framework regulations should also be outlined in an online user agreement. Product and brand affiliates must also disclose this fact in an online user agreement.
Internet regulations, however, are changing. Therefore, the importance of a solid website user agreement becomes more important every day. Gone are the Wild West days of the Internet when there were virtually no laws that had to be followed. Since Politicians are finally accepting of the fact that the Internet isn’t a fad, they are on a mission to pass more and more regulations governing its use.
For added protection, corporations have started using acceptable use policies in novel ways. Sony just stunned the technology world by slipping a caveat in to their PlayStation terms of service which prohibits members from joining a class action lawsuit against them. (You can do that!) Additionally, massively multiplayer online role-playing games are also now starting to enforce various rules in their acceptable use policies to improve member enjoyment for all; disallowing bigoted talk and trading game-booty for real-world money are a few examples.
The Kelly Law Firm works with hundreds of pioneering companies around the globe. We are inventive in our methods and think of ourselves more as a technology firm than a legal practice…you’d be hard-pressed to find stuffy-shirts here.
Make contact today.
ABOUT THE AUTHOR: Aaron M. Kelly
Aaron Kelly is an internet attorney in Scottsdale and Tempe, AZ. He practices in the field of internet law, and has clients spanning the world.
Copyright Kelly / Warner, PLLC
More information about Kelly / Warner, PLLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
The number of words in the English language for “online user agreement” rivals the number of words Eskimos have for snow. Privacy disclaimer, terms of service and acceptable use policy are all common names for user agreements. Whatever the nomenclature, they’re the conditions a user agrees to when using a website, online service or piece of technology - the proverbial fine print.
If you’re thinking, “I don’t need no stinkin’ contract, I just have a small affiliate marketing website that only brings me $20 a month” - think again. Irrespective of slow-traffic, a basic disclaimer is always a good idea. And believe it or not, many SEO-gurus have proved that search engines award agreement-sporting sites with slightly higher SERPs. Also, various behavioral studies have shown that the average Joe or Jane has more trust in websites with posted user and privacy policies than those that don’t -- just seeing it exists puts potential purchasers at ease. A user agreement won’t be your golden ticket to the front-page of Google, but every little bit of on-page SEO helps
Licensing restrictions are a standard inclusion in basic user agreements, as they outline what you can and can’t do with the content found on a given site. If you’re not concerned about other people copying your content and posting it somewhere else, put that in a user agreement - it may actually save you from liability down the line if someone uses the content they copied in an unsuitable manner. One the other hand, if you want to fully protect the content on your website, it’s important to delineate your copyright and trademark restrictions in a user agreement. Online defamation lawsuits are on the rise; so as an added layer of protection, include a disclaimer of liability on your site.
Marketplace operators should absolutely have a professionally drafted user agreement on their site. The law, however, disallows you from randomly making up your own sales agreement. It has to adhere to pertinent federal and state statues.
For those who do business in Europe, Safe Harbor Framework regulations should also be outlined in an online user agreement. Product and brand affiliates must also disclose this fact in an online user agreement.
Internet regulations, however, are changing. Therefore, the importance of a solid website user agreement becomes more important every day. Gone are the Wild West days of the Internet when there were virtually no laws that had to be followed. Since Politicians are finally accepting of the fact that the Internet isn’t a fad, they are on a mission to pass more and more regulations governing its use.
For added protection, corporations have started using acceptable use policies in novel ways. Sony just stunned the technology world by slipping a caveat in to their PlayStation terms of service which prohibits members from joining a class action lawsuit against them. (You can do that!) Additionally, massively multiplayer online role-playing games are also now starting to enforce various rules in their acceptable use policies to improve member enjoyment for all; disallowing bigoted talk and trading game-booty for real-world money are a few examples.
The Kelly Law Firm works with hundreds of pioneering companies around the globe. We are inventive in our methods and think of ourselves more as a technology firm than a legal practice…you’d be hard-pressed to find stuffy-shirts here.
Make contact today.
ABOUT THE AUTHOR: Aaron M. Kelly
Aaron Kelly is an internet attorney in Scottsdale and Tempe, AZ. He practices in the field of internet law, and has clients spanning the world.
Copyright Kelly / Warner, PLLC
More information about Kelly / Warner, PLLC
View all articles published by Kelly / Warner, PLLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
