Website Terms of Service: A General Guide
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What Is a Website Terms of Service?
A website terms of service is a legal agreement between the client and the service provider, or website. It is commonly used for SaaS software, where a web service is provided. You are agreeing to the web services’ guidelines, rules and regulations by agreeing to the terms.
If you are a website owner, it is important to have terms of service agreement that includes all legal guidelines you require from your visitors. This way, everyone is on the same page about the expected use of the website or app and there is limited liability on the part of the website.
The most common reason for having a website terms of service agreement on your site is to protect yourself from legal action against your website or brand.
Having a website terms of service agreement will prevent any possible conflicts with someone who has agreed to the terms, as well as lay out what repercussions there may be if the terms are not followed.
Here is an article about website terms of service.
What Should a Website Terms of Service Include?
Here are a few key things that your website's terms of service should include:
Verbiage Regarding Your Protection
- Disclaimer. A disclaimer protects you if something goes wrong with your website or product.
- Limitation of Liability/Indemnification. Limitation of liability and indemnification protect you from being held liable for any damages or losses that may occur because of using your website.
- Copyright. Copyright protects your website's content from being copied or distributed without your permission.
Verbiage Regarding Use
- Privacy Policy. A privacy policy outlines how you will collect, use, and protect your user's personal information.
- User Agreement. A user agreement includes the rules and regulations that they are agreeing to follow.
- User-Generated Content. If you allow users to post content on your website, you need to have a section that outlines what content is allowed, and what is not allowed. This will help protect you from any legal issues that may arise from user-generated content.
- Permitted Use. This section outlines what users can do with your website, and what they are not allowed to do. For example, you may not want users to copy or distribute your content without permission.
- Prohibited Use. This section outlines activities that are not allowed on your website. This could include things like spamming, hacking, or abusive behavior.
Verbiage Regarding Legal Ramifications
- Consequences of Breaking the Terms of Service. This could include anything from a warning to an official termination of services agreement.
- Governing Law. This states which law will govern the website terms of service. This is generally the law of the country where the website is based.
- Jurisdiction. This is the country or state where you operate your business.
Here is an article outlining what should be in a website terms of service.
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Does a Website Need a Terms of Service?
Terms of service agreements are important legal agreements that outline the legal terms and conditions between the website owner and users.
Every website should have a terms and conditions agreement. This agreement protects both the website owner and the user. It is important to have all the legal details in one place so that there is no confusion about what is expected from each party.If you are the owner of a website, make sure that you include all of the important information in your terms of service agreement. This will help you avoid any legal issues in the future.
Here is an article with 5 reasons you need a terms of service agreement for your website.
Image via Pexels by Markus Winkler
How Do I Create a Terms of Service for My Website?
If you are looking to create a terms of services agreement for your website, there are a few key things that you will need to include:
1. Write a Disclaimer
First, you will need to include a disclaimer that protects you if something goes wrong with your website or product. This disclaimer will protect you from being held liable for any damages or losses that may occur.
You have a couple of options for your disclaimer. You can use a pre-written disclaimer or you can create your own. You should use a pre-written disclaimer if you're a little familiar with the law, as it provides a safe basic option. However, if you're not comfortable writing your disclaimer, your best bet is to seek legal counsel.
2. Outline the User Rules
Next, you will need to include a section that outlines the rules and regulations that users are agreeing to follow. This section should include a user license agreement, as well as a section on user-generated content.
A user license agreement lays out the rules and regulations they are agreeing to follow, while the user-generated content discusses details governing users that are allowed to post content to the website.
In general, defining permitted and non-permitted use of the website is common. You will need to outline what users are allowed to do with your website, and what they are not allowed to do. For example, you may not want users to copy or distribute your content without permission.
Some things that you may want to include in this section are:
- “You cannot use this website for any illegal activities.”
- “You cannot violate any copyright laws.”
- “You cannot distribute or copy any of the content on this website without written permission from the website owner.”
3. Outline the Legal Aspects
Finally, you will need to include a section on jurisdiction and governing law. This section will state which law will govern the terms of the services agreement.Making sure that you include all of these key components in your agreement will help you avoid any legal issues in the future.
Here is an article with a guide to writing a terms and conditions agreement.
Where Should You Display a Terms of Services on a Website?
After you have created your terms of services agreement, you will need to determine where you should display it on your website.One common option is to display it in the footer of the website. This ensures that users will see it when they access the website, as the footer is typically always visible.Another option is to create a separate page on your website that is dedicated to your terms of service agreement. You can then link to this page from the footer or header of your website.Creating and displaying a website terms of service agreement on your website is important to protect both you and your users to help avoid any legal issues in the future.
Here is an article about where to display the terms of service on a website.
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Meet some of our Website Terms of Service Lawyers
William B.
Attorney based in Southern California (for in-person matters), taking clients globally/remotely for CA-specific and Federal legals needs. Owner and operator of Alchemist Attorney, Inc. (www.alchemistattorney.com).
"Work product was good with only minor revisions for additional information."
Antoine D.
In his firm, Talented Tenth Law, Antoine focuses on helping people maximize their protection and prosperity in the courtroom and the boardroom. His firm’s services include representing people in lawsuits involving breach of contract, many types of civil lawsuits and helping business owners win government contracts among other things.
Zachary J.
I am a solo-practitioner with a practice mostly consisting of serving as a fractional general counsel to growth stage companies. With a practical business background, I aim to bring real-world, economically driven solutions to my client's legal problems and pride myself on efficient yet effective work.
"Zachary was great! He reviewed our contract with precision and still got it done a day early! 10/10, would recommend."
Casey B.
I have a Juris Doctorate degree from Mercer Law School, and I am an active member of the Georgia State Bar Association. I have spent the last eight years reviewing, drafting, editing, and negotiating hundreds of contracts on a monthly basis, working in-house for a Fortune 500 company. I am a results-driven, self-motivated, experienced contracts attorney with exceptional drafting, research and communication abilities.
"Working with Casey was a breeze. He was very responsive, professional, and thorough, and made the process easy for me. Super helpful, and would work with him again."
Drew M.
Drew Melville is a Florida and Massachusetts-licensed attorney with fourteen years' experience in real estate transactions, title insurance and land use. His practice includes all aspects of commercial real estate acquisitions, dispositions, financing, joint venture formation, leasing and land use approvals. Mr. Melville is a title agent for Old Republic National Title Insurance Company, First American Title Insurance Company, and Stewart Title Guaranty Company. Mr. Melville's practice is national in scope, and he brings a creative and solution-oriented approach to his clients' diverse array of real estate investment and development activities in all real estate asset classes. These often include urban infill, adaptive reuse, affordable and workforce housing, historic preservation, sustainable building, brownfield or gray-field redevelopment and opportunity zones. Prior to starting his own firm, he was an in house counsel for the real estate development subsidiary of a large, diversified land and agribusiness company. To date, Mr. Melville has closed over $1.2 billion in commercial real estate transactions.
Hao L.
Florida Licensed Attorney & CFA® Charterholder Specializing in Immigration, Taxation, Aviation, Bankruptcy, Estate & Succession, and Business & Civil Litigation
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Corey H.
Veritas Global Law, PLLC ("Veritas") is a law firm specializing in Life Sciences, Private Equity, M&A, technology transactions and general corporate law. Veritas frequently represents clients seeking cost a cost efficient, on-demand, general counsel in a variety of general corporate law matters, and a range of contracts including NDAs, MSAs, Software as a Service (Saas) agreements. Veritas also represents U.S. and non-U.S. private investment fund GPs and LPs across a broad range of activities with a particular emphasis on private equity, venture capital, secondary funds, distressed funds and funds of funds. Mr. Harris received his LL.M. from the University of California, Berkeley, Boalt Hall School of Law and served as an articles editor of the Berkeley Business Law Journal and was an active member of the Berkeley Center for Law Business and the Economy. Additionally, Mr. Harris also holds a J.D. from Boston College Law School, a M.B.A. from the Boston College Carroll School of Management, a B.A. from Hampton University in Political Science with a minor in Economics and Spanish and a certificate in financial valuation from the University of Oxford, Saïd Business School.
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Can I be held legally responsible for content posted by users on my website?
I am in the process of creating a social media platform where users can post and share content. However, I am concerned about the potential legal implications of user-generated content, such as copyright infringement or defamation. I want to ensure that I am not held personally liable for any illegal or inappropriate content that users may post on my platform, so I would like to know if there are any legal measures I can take to protect myself and my website from such liabilities.
Randy M.
You're smart to be thinking about legal liability when you're building a platform that hosts user-generated content. The good news is that U.S. law gives you some strong protections, as long as you set things up correctly. If you take the right steps early, you can limit your legal exposure while still giving users the freedom to share and interact. Your Best Legal Defense: Section 230 The main legal protection you'll be relying on is Section 230 of the Communications Decency Act. It basically says you're not legally responsible for what your users post. If someone uploads something defamatory or inappropriate, the law treats them as the publisher, not you. This covers a wide range of potential issues under state law like defamation, privacy violations, harassment, and even some negligence claims. You also have full control over how you moderate. Whether you decide to remove content or leave it up, that's your call. The law protects both your choice to moderate and your choice not to. What Section 230 Doesn't Cover Now, Section 230 is powerful, but it's not bulletproof. There are a few key areas where it doesn’t apply: Federal criminal law: If your platform knowingly facilitates criminal activity, you could be held liable. Courts generally require proof that you knew and intended to assist the illegal behavior, but it’s still something to watch out for. Intellectual property: Section 230 doesn’t shield you from copyright or trademark claims. This is where DMCA compliance becomes critical. Your own content: If you're directly involved in creating illegal or harmful content, you can’t hide behind Section 230. Stick to providing the platform, and stay out of shaping or producing the actual user content. How to Protect Yourself From Copyright Claims (DMCA) Copyright infringement is one of the biggest risks platforms like yours face. Fortunately, the DMCA gives you a way to protect yourself if you follow the right steps: Register a designated agent with the U.S. Copyright Office. This person (or company) receives official takedown notices. Registration costs $6 and has to be renewed every three years. You’ll also need to post the agent’s contact info clearly on your site. Set up a takedown system. If a copyright owner sends a valid notice, you’re required to remove the allegedly infringing content promptly. Create a repeat infringer policy. You don’t have to go hunting for violations, but if someone keeps uploading infringing content and it's brought to your attention, you need a policy in place and you need to enforce it. A Legal Landscape That’s Evolving in Your Favor In recent years, the courts have leaned even more in favor of platform operators. In 2024, the Supreme Court made it clear that content moderation decisions are protected by the First Amendment. That means you have the right to decide what stays up or gets removed, just like a newspaper editor can decide what gets published. At the same time, there's a new federal law to be aware of. The TAKE IT DOWN Act, passed in May 2025, requires platforms to give users a way to report non-consensual intimate images. Once you get a valid report, you have 48 hours to take it down. A few states like Texas and Florida have tried to pass laws limiting how platforms can moderate content. So far, the courts have mostly ruled those laws unconstitutional. The Supreme Court has suggested that forcing platforms to stay neutral on all content likely violates free speech protections. The Legal Foundation You Need First, make sure you’ve set up your company as a legal entity, like a Texas LLC or corporation. That gives you basic protection for your personal assets. Next, your Terms of Service should clearly state that users are responsible for what they post. Include clauses that ban illegal behavior and copyright violations, and make sure you have indemnification language that puts the legal burden back on users if their content causes issues. You'll also want Community Guidelines that spell out what kind of content is allowed or prohibited. Even though you're not required to moderate, having clear rules helps with consistency, sets expectations, and can make moderation easier if it becomes necessary. And whatever moderation systems you use, whether manual or automated, be sure to document decisions and user reports. This helps show that you’re acting in good faith if a dispute ever comes up. What This Means for You If you get these systems in place early, you’ll be in good shape. Big platforms rely on the same legal framework to operate safely at scale. It’s been tested in court over the last 25 years, and it works if you stick to the rules. Your day-to-day legal responsibilities will mostly involve handling DMCA takedown requests, removing clearly illegal content once you’re aware of it, and keeping your copyright agent registration up to date. It becomes routine once your platform is up and running. The bottom line is this. The legal framework was designed to protect innovation while still giving people ways to address serious harms. If you follow it properly, you can focus on growing your platform instead of worrying about getting sued for something a user posted. Most legal problems happen when a platform skips the setup or tries to cut corners. Investing a bit of time and legal advice upfront will pay off by keeping you protected in the long run.
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