Overview of a Terms of Use

What is a Terms of Use?

A Terms of Use sets out the rules for using a website and defines the legal relationship between the website operator and website users.

This also sets out each party’s rights and obligations for users to read, and, by continuing to use the site, users accept the terms.

A Terms of Use is different from the terms and conditions for the supply of goods or services offered on a website.

Why do I need Terms of Use?

Any business with an online presence, even those that are not selling goods and services on their website, should have terms of use for these reasons:

Prevent Misuse: It acts as a legally binding agreement between you and your users. With this agreement, you can set the rules and guidelines that users must agree to and pursue to use and access your website. And even include what happens if users are found misusing your website.

Own Your Content: You’re the owner of your website’s logo, content, design. To protect all of these, you have to inform the users that you’re the owner of the website and the content you own is protected by international copyright laws.

Terminate Account: If the users are found violating the agreement and misuses the website you can temporarily ban users. This clause warns the abusive users will be banned and terminated from using the service.

Limit Liability: Terms of Users agreement generally includes a warranty disclaimer that tries to limit the website owner’s liability in case errors are found in the content given on the website.

Set the Governing Law: Generally, the Governing Law clause refers to the rules and regulation that applies to the terms mentioned in the agreement.

How do I implement Terms of Use?

A noticeably displayed link to the website should be visible from every page on your website. The more noticeable your terms to website visitors, the more likely they will adhere.

If there is a registration process on the site, this can deal with the agreement of users to your website’s terms of use. You can even ask the users to accept the website terms to get access to certain functionality.

What should be included in the Terms of Use?

You can include numerous component that will help keep your website and business safe and secure such as:

  • Details of the website owner and web address
  • Username and password requirements
  • Whether you allow users to be able to post information on your website or upload files to your website
  • Complaint email address
  • Alleged copyright infringement arrangements; and
  • Date of Terms of Use.


A Terms of Use is essential for every business that has an online presence to protect the content from being misused. It is a legally bonded agreement and is also subject to change which should be noted in the disclaimer. Websites should always have terms of use regarding user’s activity, accounts, products, and technology.

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