Are you aware of the crucial elements that surround your internet browsing experience?

We want to ensure you are fully informed about the Terms of Use that accompany you in every “online step” you take, protecting your online safety. In this article, we’ve gathered all the essential information you need to know about Terms of Use.

What We’ll Cover:

• What are the Terms of Use?
• The Necessity of Terms of Use
• Terms of Use vs Terms and Conditions vs Terms of Service
• Terms of Use vs Privacy Policy
• Browsewrap Agreements vs. Clickwrap Agreements
• Terms of Use and Legislation
• Consequences of Violating the Terms of Use
• Conclusion

What are the Terms of Use?

The Terms of Use is a legal document that contains a binding agreement that defines the contractual relationship between the user and the service provider. The user, before starting to use the website, must accept this agreement and abide by it for as long as the website is used.

In particular, in the Terms of Use, the service provider sets out the conditions and rules for using its website. This document helps to deal with any problems that may arise and generally prevents disputes between visitors and the provider.

The Necessity of Terms of Use

You are not legally responsible in case you do not have Terms of Use on your website. However, the safest practice is to adopt a Terms of Use Policy for any kind of website or online business, because it helps to better protect your website or business. Terms of use establish a general legal framework, so you should include what you consider important for the proper functioning of your website or business.

Have in mind, that the terms of use include the responsibility of both the company and users regarding internet usage. The legal concept of ‘liability’ and its relationship with the terms of use of a website are examined through the terms of use. The adoption of a terms-of-use policy can limit the company’s liability towards users. It also defines situations where users may have liability towards the company, such as abuse of abusive content. For more information, see our article on company and user liability.

Having Terms of Use:

• You are legally covered, as you have defined your responsibilities. With the terms of use, you can limit or exclude the liability involved to users in case a dispute arises and leads to legal action
• You define the rights and obligations of both parties
• You are developing a profile of a reputable provider who cares about due process and protecting its visitors, wanting to provide them with the best possible experience
• You define the content you wish to display on your website
• You highlight when the appropriate use of your website is violated when compensation can be claimed, the possibility of sanctions in case of non-compliance

Websites can set conditions on what content is allowed to be published and which cannot be published. Users must be made aware of these conditions. Users should also avoid posting content that infringes copyrights or that may cause problems such as harassment, abuse and invasion of privacy.

Finally, it is important to stress the importance of users being careful when posting content and following the rules of each website to avoid problems and penalties. For more information, see our article on user-generated content.

Terms of Use vs Terms and Conditions vs Terms of Service

Legally, there is no difference between the above terms. It is up to each provider which of the three terms they choose to use. For example, Google uses ‘Terms of Service,’ while Microsoft uses ‘Terms of Use’.

Terms of Use vs Privacy Policy

A Privacy Policy is a legal document, just like a Terms of Use Policy (read our article about Privacy Policy to find out more). The difference is that, here, it defines how a website or online business collects, manages, processes, and transmits the visitor’s personal data. You can learn more in our introductory article on Personal Data or our article about Data Processing.

The Privacy Policy is governed and enforced by applicable laws in most countries. In any case, it must be indicated which individual information is collected, whether it is transferred to third parties, the ways of protecting their data, and the means by which it is processed by the service provider.

Browsewrap Agreements vs Clickwrap Agreements

There are two types of Terms of Use:

A Browsewrap Agreement does not ask the user to take any direct action. The Terms of Use are present on the main page of the website through a hyperlink. This hyperlink refers to a different web page from the main page that details the Terms of Use.

As a result, visitors, in most cases, do not read the document since they are required to search for it, posing the risk that they are not fully informed and, more importantly, that they do not expressly accept and comply with the Terms of Use.

The Clickwrap Agreement ensures that ‘windows’ are displayed on the user’s screen when they enter the website, informing them of the content of the Terms of Use and asking them to agree to them. This ensures that the user is aware of the Terms of Use in good time and has checked and accepted them, which makes these agreements more secure.

Terms of Use and Legislation

The main regulations governing Terms of Use within the European Union are outlined in Regulation 2016/679 of the European Parliament and of the Council (GDPR). This regulation (General Data Protection Regulation – GDPR) of the EU regulates the conditions for the processing of personal data of underage users, requiring the consent of the parent or legal guardian for the processing of such data.

It is important that minors are informed about safe internet use and supported by their parents, and websites must comply with data protection laws.

The safe navigation of minors on the Internet contributes to the creation of a safe ‘online’ society. For more information, see our article on the safe use of the Internet by minors.

Consequences of Violating the Terms of Use

The Terms of Use are legally binding when the user has been adequately informed that if they agree, they will be binding on them and must be respected. Conversely, if the provider breaches a Term of Use, then users have the right to terminate the agreement and seek damages.

Conclusion

In conclusion, the terms of use underline the importance of the possibility for users to publish content on websites. They offer the opportunity to exchange ideas and experiences, while also highlighting the risks, such as copyright infringement and other undesirable behaviours.

For more information on safe online use and browsing, please see our other guides on Privacy Policy, Cookies and Personal Data.

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