Legal Question in Technology Law in New York
Terms Of Service - need to be on same page as Continue?
Hi,
I have a website where users can
upload pictures. It is to be used with
cellphones. The first time a user
comes to my website, I ask them to
agree to my terms of service. I'm
wondering if it's necessary to actually
display the terms of service on that
same page, or can I provide a link to
them, and say ''do not continue
unless you agree to these TOS''? Are
both methods lawfully equivalent?
Example:
Welcome to my site
Before continuing, please read and
agree to our TOS found ''here''. Do
not continue if you have not read or
do not agree to our TOS.
Ok, I agree, continue
the cell phone screens are so small,
and nobody really reads the TOS
anyway - I'd like to avoid putting the
full TOS on the that same page
otherwise users will spend an hour
trying to scroll through it on their
small screens.
Actually this is exactly what this
website does - so I'm hoping that it's
ok!
Thank you
2 Answers from Attorneys
Re: Terms Of Service - need to be on same page as Continue?
Your ToS is useless unless you show the whole thing before they consent. I'm licensed in NY and have many clients with online businesses. Let me know if you want help avoiding problems before they happen.
Re: Terms Of Service - need to be on same page as Continue?
I think the strongest legal coverage is if you require they "click through" by taking affirmative action to agree to your terms.You are right that putting the terms on the page is unwieldy and ineffective. If you just put it on the site, people can (legitimately) say they didn't see it, or didn't agree. Again, I recommend you do a click through, requiring users take action to agree. Obviously, you have to consider carefully what your terms of service are.
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