Terms and Conditions include warranties, delivery terms of both goods and services, and return policies. The website Terms and Conditions should be full of limitations on liability for website owners and clauses providing for certain dispute resolution procedures. These include litigation, arbitration or mediation as well as the location for bringing claims.
The importance of Terms and Conditions is underrated, but successful businesses know it’s important to use a NY business and technology attorney to draft custom Terms and Conditions. Every business is different, so one size fits all just doesn’t work. You have to ensure your website and you are properly protected from threats through a custom Terms and Conditions. For example, if your website hosts large amounts of user content, the clauses regarding spamming and voxxing must be extremely comprehensive to avoid liability and legal disputes arising between users. A business law attorney might suggest that there needs to be a moderator on call at all times to delete defamatory statements and ban users that defame or invade the privacy of other users offsite.
What Type of Company Needs an Attorney Drafted Terms and Conditions?
How Terms and Conditions Protect Businesses from Liability
Using boilerplate templates might be good enough for a personal or small student blog, but businesses are penny wise and dollar foolish if they don’t invest in hiring an experienced New York business and technology law attorney to draft custom Terms and Conditions that properly protect their company’s specific website and underlying business.
Intellectual Property & Compliance with Internet Law Compliances
A few important Acts that your Terms and Conditions must address to provide protection should to legal challenges are:
- Restore Online Shopper’s Confidence Act,
- Computer Fraud and Abuse Act,
- Children’s Online Privacy Protection Act (COPPA),
- CAN-SPAM Act, and
- Digital Millennium Copyright Act.
To limit liability from banned users, it’s also important to properly address the grounds for termination of an account. If the website allows users to store their content, it’s especially important to decide whether the termination will result in forfeiture and destruction of their content, or whether it will be returned to the user. For international sites with owners at only one location, it’s especially important to have a “governing law” clause that limits jurisdiction to where the owner lives. A top New York business law attorney who specializes in technology and internet law will review every detail or your business and website to ensure that you are fully protected by your Terms and Conditions statement.