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Terms of Service

First, Our Terms of Service Agreement specifies the company's service of the website and how is governed by the Terms of use Agreement, Privacy Policy, Disclaimer, and any other relevant terms and conditions, policies, and notices which apply to the website or a specific section or module of the website. You may also want to identify the website and the party which owns/operates the website. Make these terms defined so that you can refer to them throughout.
Accepting the Terms of Service.
The Terms of Service Agreement specifies that, by using the website, the company is agreeing to the Terms of Service (and if they don't, they should not be using the website anymore).


There is some acknowledgment that company agree to any and all modifications, alterations, and updates of the Terms of Service (which become effective upon being posted on the website).


If there are logos/designs which have been trademarked, there should be a provision in the Terms of Service agreement which makes note of this and warns of unauthorized services. Same goes for copyright.

Website Service/Restrictions

The company has to acknowledge that they are responsible for protecting their IDs and passwords (if applicable) and also that any compromises should be reported immediately. On restrictions, companies are prohibited from doing things like posting or transmitting harmful or illegal content, interfering with the website's operation, trying to hack into password protected areas, and taking actions that will create an unreasonably large load on the web site's infrastructure.

Choice of Forum.

Choice of Forum Provisions permits the contract to be selected, with certain limitations, the jurisdiction in which any disputes about their relationship are resolved. In many instances, a website's Terms of Service purports to require any legal action about the website to be brought in the jurisdiction in which the publisher is located, which may be quite inconvenient for a distant company of the site.

Choice of Law.

Choice of Law provisions permit the parties to a contract to select, with certain limitations, which jurisdiction's laws will apply to their relationship. A website's Terms of Servicewill apply the law of (1) the jurisdiction whose laws are most favorable to the publisher; (2) the jurisdiction in which the publisher is physically located; or (3) the jurisdiction whose laws are most familiar to the attorney who drafted the contract.

Limitation of Liability.

These provisions permit one or both parties to place certain limitations on their liability for breaching the agreement of the parties. Properly written, Limitation of Liability provisions can cap a party's legal exposure for certain conduct. Indemnification. Indemnification provisions permit a party to shift the burden associated with an anticipated loss to the other party. In many instances, a website's Terms of Service require the company of a website to indemnify the website's publisher against any losses associated with the service of the website's content.