Terms of Service

I am curious: Do I need to get a lawyer to write a ToS, or can I write it myself and have it still have an effect? I know it wouldn't be perfect, but unfortunatly not every business has $1000+ to hire a lawyer.

xbot,

I am about ready to open up a site and I am looking for the same information. I, like you don't want to pay a lawyer, but it might be the best thing to do. What I have done (which I hope might reduce costs) is to write my TOS, privacy policy, and copyright clause myself. I'm going to look for a lawyer to "review" and offer suggestions rather than write a complete one.

It might be better for you to write your own anyway. You are the one that understands what you want to convey. A lawyer can help to fill in some of the blanks.

One great resource that I used for my privacy policy was TrustE's model privacy policy avaliable at:
www.truste.org/docs/Model_ Privacy_Policy_Disclosures.doc

I wish I could find a model TOS policy as well but I think that because each business plan and therefore each TOS is different that there is no set model.

Let me know what kind of resources you have used.

You might also check out http://www.hostlegal.com - they have some examples for a lot less money

Can't I make some unspecific, very broad ToS? Like

"If the service is used as any other use than the intended (as stated above), then all further occurances are outside the Management teams' control."

And maybe "The team is not responsible for any other domains than (x, x, x, etc). You may not impersonate the team, or impersonate someone related to the team. The team will not ask for your username/password in any situation unless you applied for a support ticket which may specifically require such, in which case, the Team would prefer other methods of secure communication. By violating any of the terms stated in this agreement, any claims/complaints are void, and the Team is not responsible for any damage incurred to your account, or you."

You can make your own TOS. The problem with writting your own is that you may inadvertintly say something wrong in your TOS that will not hold up in a legal case. Hence why it makes sense to have a laywer write it, they get paid to make it so that your are not legally liable.

I used the datacenter's ToS and AuP as examples for mine per their permission when I created it. That way my customers were agreeing to the same terms and policies as I had to agree with.

Hmmm..

Thanks for the suggestions.

So very broad statements all over the ToS might make it more protective? I seriously am right now just meeting costs, so I can't spend any more.

However, I don't want a ToS that will end up destroying me either.

So will a broad, basic ToS cover it? I've read many ToS's for rating ISPs (where I work we endorse certain services where their ToS is highly agreeable. However, many of them were literally ripped off our list because they started requiring a dialer.)

I know that a lot of good companies make these broad ToS's, and when the time comes for some idiot trying to suck them of their money, they can put it under one of the broad categories--because it fits.