Any website owner should already have or be in the process of getting certain website agreements to govern their relationship between it and its users. These typically, at the very least, include a Terms of Use, Privacy Policy and Copyright Policy. The Terms of Use will define such things as what user conduct is permitted, intellectual property ownership, and disclaimers and other limitations on liability for the website owner. The Privacy Policy will govern the collection of, use of, sharing of, storing of, and other data handling related to a user’s personally identifiable information and other information. The Copyright Policy will set forth the required language and terms in order for the website owner to comply with the Digital Millennium Copyright Act, or DMCA. It is not uncommon for the Copyright Policy to simply be incorporated into the Terms of Use.
These are not the only agreements, however, that a website owner should be thinking about and may need. For example, Terms of Service and
End-User License Agreements may be more applicable than a Terms of Use, depending upon the website owner’s offerings. While there undoubtedly could be overlap in the terms included in such agreements, an Internet lawyer experienced with internet businesses and websites in various industries can be extremely helpful. At the very least, the Internet lawyer will identify which agreements are needed and what key terms should be included. You focus on your website and business, let the Internet attorney focus on your Terms of Use, Privacy Policy and other website agreements.
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