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Are Terms of Use Necessary?

Paige Harris May 19, 2022 8:00:00 AM

A Terms of Use is a document found on websites, apps, and platforms that acts as an agreement between users and site owners about the proper use of the service. Since it’s not technically necessary to have one since no laws require it, and since most people just gloss over it, you might be wondering, “What’s the point of a Terms and Conditions for my website?” In reality, it’s always good to have one. The benefits of Terms and Conditions include protection from abuse, limited liability, and copyright of the content.

You can easily craft one using a website Terms of Service generator, like the one from Enzuzo. The tool allows you to write a contract explicitly tailored to your site in just a few steps.

What are Terms of Use?

Terms of Use is a document that spells out the contractual relationship between the provider of a service and its users, with a statement that each user must agree to and abide by the written conditions to use the website, game, or platform. This policy can go by many names: Terms of Services, Terms, and Conditions, Disclaimers, Legal Notes, etc. There’s no difference in purpose and goal among these despite the various names.CTA Terms of Service Graphic

Are Terms of Use legally required?

Unlike privacy policies, a Terms of Use agreement isn’t required by law. However, it’s helpful to have one to protect both your users and your business. 

Why Terms of Use are Necessary for Today's Digital Environment

Having a Terms of Use agreement on your website is very beneficial. Here are just some of the reasons why you should consider putting one on your platform:

Abuse Prevention

A Terms of Use is a legally binding contract, and it contains rules that you, as the site owner, expect users to abide by. These conditions include proper use of your services, as well as the appropriate conduct to follow when interacting with other users. Listing these conditions prevents users from abusing what you’ve got to offer and causing harm to others.

Content Ownership

You own the content on your site (except user-generated content, which often still belongs to the creator), and a Terms of Use document clarifies this ownership. That means that no one can use your content and pass it off as theirs, or they’ll have to answer to copyright-related sanctions.

Limited Liability

Since it’s a contract, a Terms of Use also lets you limit the liabilities that you may have to face should you be taken to court. You can put a disclaimer saying that you can’t be held responsible for certain content posted or events that happen within your site.

Governing Laws

The use of your website is subject to laws that govern your business—that is, the laws that apply where your business is headquartered. Adding this to your Terms of Use shows that you are under the rules of an area (e.g. the state of California) and abide by and answer to them.

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Implementation

The Terms of Use also give you the power to implement any steps or sanctions in response to certain events on your website. For example, if you find that a user is abusing your website (e.g. they are spamming comments, uploading inappropriate content, harassing others, etc.), then you can ban them from the site and from using your service.

How to Create Terms of Use

Creating a Terms of Use agreement follows the same process as other contracts. That said, it doesn’t have to be complicated, even though it contains legal jargon–you can even draft one yourself, although it is advisable to have it checked by a professional. An even more convenient option is to create it by using a Terms and Conditions generator like Enzuzo, which lets you make one tailored to your website. Then, you can get it done in just a few minutes and have it embedded on your site in just a couple of steps!

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