Terms and Conditions

A privacy policy is a statement placed in an easily visible place on a website informing users about how the website deals with users' personal information. Privacy policies generally explain whether and how users' information will be shared with third parties, including parent companies or subsidiaries. It frequently explains whether and how the website uses cookies.

Why Is It a Good Idea to Have a Privacy Policy?

Privacy policies let people know what you will do with information that they provide when registering with your website, as well as information that gets logged while they browse. A privacy policy allows users to find out what you do with their private information and enables them to adapt their conduct accordingly. Beyond that, a privacy policy will help you avoid liability under a complex array of state and federal laws dealing with users' private information.

What Should You Include in a Privacy Policy?

A well-crafted privacy policy should include the following items (although the particular items included may depend upon the nature of your website):   read more »

Terms of use (or "terms of service" or "terms and conditions") generally are a statement placed on an easily visible place on a website that governs the relationship between the site and its users or visitors. Users explicitly agree to the terms when they sign up for an account and, depending on how you write the terms, visitors may implicitly agree to them when they use the site.

The terms generally consist of a number of paragraphs describing what you expect from your users and what they can expect from your website. Among other things, terms of use identify what users may post onto or use from your site. They also specify what your obligations are, and what you can do in terms of editing, removing, and changing material. For an example, see the CMLP's Terms of Use.

Why Is It a Good Idea to Have Terms of Use?

Terms of use help you put your users on notice of what you consider to be an acceptable use of your site and what you do not. They enable you to reserve the right to deny access to users who engage in objectionable conduct and to remove content that you find offensive or that may subject you to liability from third parties. It also gives you an opportunity to put language up on your website that may help protect you in the event of a lawsuit.

Terms of use are especially important if your website gives out accounts because they help specify the mechanics of how the account system will work. But keep in mind that terms of use can also apply to visitors merely browsing the website or posting comments (assuming you allow comments without an account, which many do not).   read more »

There are two key documents or statements that all websites should post before (or at least soon after) going "live" on the Internet. First, your site's terms of use govern your relationship with users, allowing you to set boundaries of acceptable on-site behavior and potentially limiting your liability. Second, you should create a privacy policy, which informs your users of your practices relating to private information and helps you avoid liability under a complex array of federal and state privacy laws. The following sections address these two important documents in greater detail and provide examples that you can follow in creating your own terms of use and privacy policy.

See one of the sections listed below for more information: 

This section discusses and compares the key "terms of use" (or equivalent sections) you are likely to encounter when you are evaluating various online services. We've grouped these services into three general categories: social networking sites, blog-hosting services, and web-hosting services. Of course, some of these categories blend into each other, but you should be able to get a general idea of how the terms of service vary among the various types of sites and between individual sites themselves. Please keep in mind that a site's terms of use can -- and often do -- change frequently. This section is only a general guide. Be sure and read the actual terms of service before agreeing to use any of the services listed here.   read more »

Once you decide to publish online, whether by posting in a forum, joining a discussion group, blogging, or starting your own website, there are a host of legal issues that may come into play. Understanding your legal rights -- and potential sources of liability -- can help you make an intelligent choice as to what platform you use and what precautions you take when you speak online. Some of the most important issues to consider are free speech protections, anonymity, ownership of content, and vulnerability to others' copyright claims.

While a number of factors can influence the scope of your rights and liabilities online, the most important is often the "Terms of Use" (or "Terms and Conditions," "Terms of Service" etc.) that you agree to when you sign up for a website account, blog- or web-hosting service. Whether you read these terms or not, they form a legally binding contract between you and the service operator, and in fact govern much of the relationship between you and that site.

It is true that these "Terms of Use" sections can appear difficult to understand: they often contain legal jargon, and may be divided into several webpages (for example, a basic "Terms of Use" page may link to a separate "Privacy Policy"). However, the more aware you are of the terms you are agreeing to, the better you will understand your legal rights and risks. Further, being aware of the differences in the terms of service for using different sites can help you find a platform for your online activities that is appropriate to your specific needs. Please see the section on Evaluating Terms of Service for a comparison of some of the more important terms you might encounter.   read more »

If you're looking to start a blog, a blog-hosting service may be a good place for an amateur, or sometimes even a professional, to launch one. If you're interested in getting online as quickly as possible, and don't need a formal blog, you might also want to consider using a social networking site, such as Facebook or MySpace, which will allow you to create a blog-like profile page. If you haven't yet reviewed the section of this guide on evaluating different online platforms, you should do so before committing to use one of these services.

There are several factors to consider before choosing a blog-hosting service, such as cost, permitted advertising, customization, and terms of use. Choose carefully, as it is difficult to switch blog-hosting services later and maintain the same readership.

There are a number of blog-hosting services available. For the sake of brevity this section discuss the three most popular services: Blogger, TypePad, and WordPress. We do not endorse any of these services. You should select a blog-hosting service that meets your specific needs. Many of the services' elements below are marked with a + for a positive aspect of the service, - for a negative, and = for an aspect that is neutral.

Please keep in mind that a site's terms of use can -- and often do -- change frequently. Be sure and read the actual terms of service before agreeing to use any of the services listed here.   read more »

So you've decided that you want to publish online. There is a wide range of platforms you can use to get your words, video, and other content out to the world.

Of course, the easiest way for you to get online is to simply go to a website that allows user comments or forum posts and add your two cents to the mix. If you want a more permanent home -- and one you can control to some degree yourself -- you will want to consider whether to join a service such as Blogger, TypePad, Livejournal, or even MySpace (yes, we know it's a social networking site), that will host and manage your content for you or whether you want to create your own, independent website. Each option has its advantages and disadvantages. Here are some of the things you might want to think about in deciding which platform -- or platforms -- you will use:   read more »