The terms that should be included will depend upon the nature of the business in question. For instance, a website offering advice on health topics as well as recommending products to use for medical ailments would certainly need a disclaimer making it clear that the information provided on the website does not constitute a medical opinion and that all remedies and information provided should only be used after consulting with a physician.

A website that sells information on how individuals can make money working from home would want to state that the company does not guarantee success of the program, and that users following the advice on the website would be doing so at their own risk.

Websites that choose offer up copyrighted reading material free of charge would have multiple considerations to take into account. First, a company providing such material would have to make sure that it wasn’t violating the copyrights of any authors–either by using only material in the public domain, or obtaining permission to post the works by whoever owns the copyrights. It would then want to include terms of use stating what can and can’t be done with the information available on the website, and what types of action would be taken should any users break that terms of use agreement.

Here are a few things that should be included in most if not all Terms of Use Agreements:

• An Introduction. The introduction should state what the purpose of the Terms of Use Agreement is, and that the user’s use of the website is governed according to that agreement. It can also be a good idea to include the website’s name, purpose, and owner/operator. Define these terms so you can use them throughout the Terms of Use Agreement.
• Acceptance of Agreement. The Agreement should specify that, by using the website, the user agrees to abide by the Terms of Use Agreement. Those who disagree should cease using the website.
• Revisions. Make sure to include a caveat that the website owner has the right to make any revisions or modifications at its discretion, and that users agree to abide by those revisions once they are posted on the website.
• Trademark/Copyright. Companies who include any protected logos, designs, or copyrighted material on their website should state in the Terms of Use Agreement that notes which are protected by trademark or copyright and forbids unauthorized use.
• Website Use/Restrictions. In this section websites should state that users are responsible for protecting their IDs and passwords, and that they must report any security compromises immediately. This section should also set out what users are prohibited from doing. Common restrictions include: no posting or transmitting harmful or illegal content, no interfering with operation of the website, no hacking into password-protected areas, and no engaging in activities that could create an unreasonably large burden on the website’s infrastructure. Depending on what services your website offers (such as forums, email accounts, or chat rooms), you may need to include restrictions specific to these types of services.
• General Terms of Use. Finally, make sure you include the type of general provisions included in most contracts, like: the governing law for interpreting and applying the Terms of Use, and the legal jurisdiction that applies; that this is the entire agreement with respect to the subject matter; that if any provision is severed, the remainder of the Terms of Use Agreement survives; and the effective date for the Terms of Use Agreement.

It’s definitely a good idea to consult with legal counsel to make sure that your Terms of Use Agreement is comprehensive enough to protect your company. Having a good contracts attorney draft–or, at the least, review–your Agreement will ensure that your company is covered in the event of any misuse, theft, or unauthorized use of company material and will provide greater recourse should any users break the Terms of Use Agreement.

One final piece of advice is to post the Terms of Use Agreement prominently on the website and provide a link to it on the bottom of every page of your website, next to the Privacy Policy. Far better safe than sorry!

Introduction: This section should give the visitor some basic information regarding your organization, as well as any special information or functions your website features.  For instance, if your website has a minimum age requirement for collecting information from visitors, you should make sure this is clearly stated in the introduction.

Information Collected: This section is straightforward enough.  Visitors have the right to know what type of information websites are collecting whenever they visit.  You should make it clear just what type of personal details your website is collecting, whether or not you ask visitors to complete a form that makes this personal data obvious.  If your servers are logging hostnames and IP addresses, you should also make that clear.

Method of Collection: In this section, you should list the methods that your website employs to collect personal information.  Is data collection automated, or do the visitors have to fill in a form in order for their personal details to be collected?

Storage of Information: How do you store the information?  If you store it in a database with servers physically located in the UK rather than the US, you may need to obey information collecting regulations in both jurisdictions.  Visitors have the right to know that your company will take every possible step to store their personal information in a safe and secure method.

Contact Information: It is vital that you act in as transparent a manner as possible, allowing users to contact you with any questions they might have.  You should list both an email address or online form as well as a snail mail address where users can write to for information.

Make sure that you accurately follow your company’s privacy policies, or you run the risk of breaking customer trust in addition to potentially breaking the law–either of which could be seriously detrimental to your business.  In this digital age, it’s important to protect both your company and your customers, and this extends to online data collection.