Internet Attorney Discusses Enforceability of Website Agreements:
Should you use a website agreement forms service or have a website agreement lawyer draft your website agreements? We get calls from prospective clients each week asking us to draft a terms of service (TOS), terms of use (TOU) and privacy policy agreements for their websites. An internet lawyer knows how to draft an effective on-line or website agreement depending on the purpose of the website, the business model and a variety of consumer issues. The goal of any attorney drafting a terms of service, terms of use or privacy policy for a website is not only to protect the website owner/operator, but to increase the probability that a court will ultimately enforce the agreement terms against website visitors, registered users or other third parties interacting with the website.
We are often asked how courts are handling contract issues on the internet. Unfortunately, there is little precedent to guide lawyers or courts in the handling of internet agreements. Here are some common defenses which consumers will raise in order to avoid a particular contract term:
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