To tell website visitors how they are allowed to use your site.
Website Terms of Use are the rules that your website visitors have to follow. Sometimes they’re called “TOU”, “Terms & Conditions”, or just “Terms”. Website Terms of Use include things like:
How your content can be used or shared
Protections for your branding, copyrighted content, and intellectual property
Your ownership of the site
User accounts and blocking bad visitors or suspending accounts being used in an inappropriate way
Limiting your liability for things like other websites that link to or from yours and any mistakes in the content of your site
Making your site subject to your local laws and not those of the website visitor’s country
Who needs it
Any business with a website
Blog, vlog, and podcast websites
Membership sites
Artists, photographers, galleries
... and other websites
When you need one
Your business has a website.
Seems simple enough, right? If you have a website that anyone can visit, then you need Website Terms of Use.
You have a blog.
It’s important to protect the content on your blog. Your Website Terms of Use reserve your copyright and other intellectual property rights to your content. They also protect you by limiting your liability for what you write. Giving your opinion on something about your industry? Providing some advice or instructions on something relevant to your customers? It’s important to limit your liability through your Website Terms of Use by saying your opinions are your own and not anyone else’s, and your advice is meant for information only and you’re not responsible for anyone relying on it.
Your visitors can sign up for an account.
Many websites let their visitors sign up for free or paid accounts. These sites are often called “membership sites”. Your Website Terms of Use give the rules for having an account, say when you can delete or suspend an account, and limit your liability for the data your visitors store on your site. They also give your acceptable use rules, like not sharing passwords, not using the account to copy your site or its content, and any other restrictions you have.
Are Website Terms of Use the same as a Privacy Policy?
No, a Privacy Policy is something different. But these two legal documents do work together as part of your website legal policies. A Privacy Policy says what personal information you collect, where you get it from, when you will use personal information, and how you use it and how your website visitors, customers, and others can ask you questions about the personal information you may have about them.
Learn more about a Privacy Policy.
Are Website Terms of Use the same thing as Terms of Service for an app or online software (SaaS)?
No, Terms of Service for an app or online software (software-as-a-service or “SaaS”) are different from Website Terms of Use.
Terms of Service say how users are allowed to use your software, what fees you charge, how someone can cancel their subscription, and other sales and business terms about using an online software platform or app.
Website Terms of Use are about your front-facing website, not your app or software.
If you offer an app or SaaS product, you will need both Website Terms of Use and Terms of Service for your app or SaaS platform.
Do my Website Terms of Use cover e-commerce sales?
No, Website Terms of Use are different than E-commerce Sales Terms and Conditions. If you’re running an e-commerce website, you will need both.
Sales Terms and Conditions cover things like product orders, returns (if you allow them), shipping or electronic delivery, product and service liability, and other sales terms.
Often, e-commerce stores will have a webpage called “Legal” or “Terms” that will list all the terms that apply to a visitor. So there will be a heading that says “Website Terms of Use” and a heading that says “Sales Terms and Conditions”, and even another heading that says “Privacy Policy”. The user can click on each and read the specific legal terms.
If you need an example, check out Made It Legal’s page with all our legal terms.
Learn more about Sales Terms and Conditions.
How do I update my Website Terms of Use?
You update your Website Terms of Use by posting the revised terms to your website. If your visitors can create an account on your website, it’s also a good idea to send them an email or other notification about the changes if the revisions are significant.
