To Set the Ground Rules Your Website’s Use
Additionally, if your website or app contains user-generated content, the TOU can provide ground rules on what type of user content is permitted. Establishing these ground rules can further limit liability in lawsuits, especially those involving intellectual property rights.
To Protect Your Intellectual Property (IP)
The TOU’s IP portion should reference the copyrights and trademarks owned by the website or mobile app owner. Copyrights can protect most text, photos, and specific layouts of your website. Your company’s logos, word trademarks, slogans, and brands can be secured under United States trademark law. Copyright and trademark ownership should be addressed in the TOU’s separate IP section.
To Remove Users From Your Website or Platform
As your website or online platform owner, you define the rules on how you expect users to behave on the website. There are several options for managing rule violators, including temporary suspensions and even outright bans. The consequences for rule violations are usually described in the TOA’s termination clause.
To Limit Liability
While the disclaimer section can limit liability to some degree, it is not a cure-all, so it is recommended that one consult with an attorney before finalizing the agreement.
To Set the Agreement’s Law and Resolution Location
This clause also usually contains a “venue” section that allows the user to agree to have any dispute resolved in a particular court in a specific state by using the website. A venue selection clause could be very beneficial to the website owner who may not want to bring a lawsuit in an inconvenient location.