Usage[edit]

A terms of service agreement is mainly used for legal purposes by companies which provide software or services, such as web browsers, e-commerce, web search engines, social media, and transport services.

A legitimate terms of service agreement is legally binding and may be subject to change.^[1] Companies can enforce the terms by refusing service. Customers can enforce by filing a lawsuit or arbitration case if they can show they were actually harmed by a breach of the terms. There is a heightened risk of data going astray during corporate changes, including mergers, divestitures, buyouts, downsizing, etc., when data can be transferred improperly.^[2]

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Content[edit]

A terms of service agreement typically contains sections pertaining to one or more of the following topics:

• Disambiguation/definition of keywords and phrases
• User rights and responsibilities
• Proper or expected usage; definition of misuse
• Accountability for online actions, behavior, and conduct
• Privacy policy outlining the use of personal data
• Payment details such as membership or subscription fees, etc.
• Opt-out policy describing procedure for account termination, if available
• Sometimes contains an Arbitration clause detailing the dispute resolution process and limited rights to take a claim to court
• Disclaimer/Limitation of liability, clarifying the site's legal liability for damages incurred by users
• User notification upon modification of terms, if offered