How to write Terms and Conditions for website?
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How do I write Terms and Conditions for a website, without spending too much on a lawyer? I have several websites which are beginning to gain popularity, and I'm beginning to worry my homegrown Terms and Conditions aren't up to par. How do I write Terms and Conditions correctly, so they will reflect the sites and be legal? I have a small budget, so I don't want to consult a lawyer if possible, and I wouldn't even know where to find one who would know about the intricacies of the internet.
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Answer:
I remember when people used to try and be helpful and answer questions here, and keep snarky "I won't tell you how because its a bad idea" answers to themselves. That was nice. Anyway, there are some standards that have sprung up around terms of content use, privacy policy, and other web-related legal mumbo jumbo. For terms of use, see the http://www.fsf.org/licensing/licenses/fdl.html and the http://creativecommons.org/, both of which, as a webmaster, I assume you are familiar with. For privacy policies, the W3C has started the http://www.w3.org/P3P/ Project in an attempt to standardize the process of telling users what the site intends to do with their data. http://www.evolt.org/article/P3P_Making_Your_Site_Compliant/20/20756/ is a (relatively) painless process, and replaces much of the page after page of 10 point legalese in many "Terms and Conditions" docs.
jesirose at Ask.Metafilter.Com Visit the source
Other answers
Why do you think you need terms and conditions? Are you selling something? Allowing users to post in a forum? What sort of liability are you worried about? In my mind, there is too much in the way of Ts and Cs in this world that are either unenforcable or redundant with the law. If you're talking about the web site in your profile, you have some real howlers there: "You agree that if you disseminate, design or assist in the design of a third party program that changes the game play on Doubloon Cove, you will pay Doubloon Cove liquidated damages in the sum of Fifty Thousand Dollars for each such program as liquidated damages." Good luck with that.
grouse
Back in high school, we looked at starting an online company and met with a lawyer to discuss what was required, including creating documents like the T&C / TOS. Understanding that our annual income was probably on par with what he made in a day, he suggested that we visit other sites, see what we liked/didn't like, and model ours on theirs, and then we'd just be paying him to look it over, rather than to write it from the ground up. (They all seemed to be worded similarly anyway, so it's not like copyright infringement was a likely problem.) Obviously, IANAL, nor did we end up following through, but thought I'd pass on that suggestion.
fogster
The reason I need terms and conditions: Two of the sites have forums. One is an online game. Both of them sell projects as well. Users submit a lot of different information, and we collect that information, as well as have rules about how users use the site. As for the one from DC, I copied that from another site, so that is what I am talking about. I have no idea how to make terms which ARE enforceable, so thank you for pointing out why I am asking :)
jesirose
Thanks ChasFile, I will check those out. Grouse, the site you mention does indeed have terms and conditions for all of their services. http://www.google.com/intl/en/terms_of_service.html They have more detailed ones for gmail and other products.
jesirose
Is there a way to edit your own comments? I feel stupid posting three in a row, sorry. It wasn't grouse who said Google doesn't have Terms, but the comment is gone now so I have no idea who it was.
jesirose
The reasons you think you need fancy legal terms and conditions all seem to apply to the website you're looking at right now, and it gets by without anything more complicated than this: If you sign up an account to pimp your product, act like an ass, or generally just do things that break the http://www.metafilter.com/guidelines.mefi you will be booted and there will be no refunds.
sfenders
Okay, not to be rude, but the question really wasn't "Do I need T&C?", it was "How do I write T&C"... I realize I am a new member here, but am I misunderstanding the rules of THIS site? Aren't you supposed to post answers to the questions?
jesirose
My intention was to suggest that you might write your terms and conditions in the same kind of plain language that is used in those for this site. It is quite adequate. Be as precise as you can. No lawyer necessary. Write down clearly what you want the rules to be. If you can do that, with due care, it will be just as legally binding as the more verbose prose you are presumably thinking of.
sfenders
Okay great, thanks :)
jesirose
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