7 Sections of a Business Website's Terms of Use Agreement

Every business website can benefit from a terms of use agreement. It's one of the best ways to protect your online business from legal action. Here are some key provisions your agreement should include.

7 sections of a business website's terms of use agreement

1. A description of what your site provides

For example, does your site provide advice, copyrighted material, a service, products, information, or a combination of these? Be as inclusive as possible; err on the side of including too much rather than too little.

2. Your copyright statement

This is where you delineate what is copyrighted and what is free for distribution. If you allow distribution as long as a link is provided, or if distribution is expressly forbidden, mention it here. You will also need to provide information on what action you will take if your copyrighted material be misused, copied or sold without authorization, or stolen.

3. The ownership agreement

This section states that you own the content, and explains what may or may not be done with the content. This is useful for sites that provide news, articles, information or similar content.

4. The disclaimer

This is particularly useful for businesses that provide advice or information. You can state that the information provided on your site is for entertainment, informational, or other purposes, and state what you will and will not accept responsibility for.

5. Liability statement

This is your opportunity to state that your site will not be held liable for use, misuse, problems, or other incidents that may arise as the direct result from either following advice, using information, or other use of the site or its contents.

6. Indemnification clause

The indemnification clause is usually the last part of your terms of use agreement, and should be written to protect your company from possible lawsuits that could arise from someone misusing your content.

7. Miscellaneous information

This is the place to include your company’s contact information and any other information not covered in the areas above.

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Additional information to include in the terms of use agreement

If your site sells information, you'll need to alter you terms of use agreement to cover how your purchased content can be used and what warranties, if any, you provide for the product. Try to think of all of the worst-case scenarios that could arise from someone using, stealing, or misusing the information on your site. Ask friends to help you brainstorm so that no legal stone is left unturned.

These are just a few key points to keep in mind. A qualified attorney will be able to assist you in drafting an airtight terms of use agreement that can protect you in nearly every eventuality.