Acceptable Use Policies or Terms of Service, as they’re more commonly known, are the Internet’s version of “the fine print” users should read to understand what the user may do with the site, what liability the webmaster does or does not have regarding the content of the site, along with other pertinent issues.

Be honest now, when did you last read a network or website’s terms of service? The more appropriate question is: Have you ever read them? After all, it’s easier to skip over all that lawyer-talk and check the box that says, “I Agree,” than to take the time to read the Terms of Service.

Once you click the box that says you agree, you’re saying you agree with what was written in the Terms of Service with the possibility of facing legal action if you don’t abide by the Terms of Service – even when the terms are plain and simple to understand. When the plaintiff in the 2008 case Feldman v. Google Inc alleged that at least 20% of the clicks for the keywords he purchased using Google’s AdWords program were fraudulent. Google came back and pointed to their Terms of Service stating that in order for the service to be activated, the plaintiff had to accept these terms by clicking in a box alongside the words, “Yes, I agree to the above terms and conditions.” The United States District Court of the Eastern District of Pennsylvania ruled in favor of the defendant.

One item to note with this case is the court ruled that the plaintiff did not have to read the Terms of Service, but only be given reasonable notice that such terms existed along with the opportunity to review the terms.

From the end user’s standpoint, it goes without saying that it’s good practice to familiarize yourself with Terms of Service and acceptable use policies, especially when dealing with routine financial transactions with, for instance, companies like PayPal or eBay.

Not only are Terms of Service a critical thing for users to understand, but they are especially critical for service providers and website owners. Terms of Service set boundaries and guidelines for acceptable use by the end user. They outline what’s expected of the behavior of the end user and define what penalties the user may incur for violating the Terms of Service. Terms of service shouldn’t be limited in scope, but cover a broad range of issues that include copyright and online privacy policies, interaction with other users, account security and online safety, payment terms, provisions regarding international visitors, developer provisions, advertising protocols, methods by which disputes can be remedied and what can cause services to be terminated.

It’s not a bad idea for anybody launching a website that includes Terms of Service an acceptable use policy – especially if the site has to do with ecommerce. Even though some people think copying an idea is the highest form of flattery, do not (this can’t be emphasized enough), do not copy someone else’s Terms of Service. Don’t even copy it so you can “make a tweak here and another little tweak there.” That’s copyright infringement. A website’s Terms of Service are protected by copyright because they are an original work. Copying the Terms of Service and making a derivative of them can land you in legal hot water. Besides, your website is unique with its own set of requirements and circumstances. Someone else’s Terms of Service may not cover everything that your site needs to have covered. If you’re thinking about launching a website, make sure your site has a Terms of Service or Acceptable Use policy. An experienced Internet attorney can help draft one that is specific to your needs.