Legal Question in Technology Law in New York

Website ''terms of Use'' or ''Disclaimers''

Effective Disclaimers on Websites

A Web site that provides a service would like to have a terms of use to ''cover themselves'' from any potential legal action. This warns users under what circumstances they may use the service provided by the web site, and that the web site accepts no legal responsibility for their actions.

How must this disclaimer be effective?

1)Can it be just at the base of the page ''Terms of use''

2)At the begging of the page, By posting or downloading from this web site you agree to our terms of use

3)Must the user actually click on a button that says ''I agree'' to the terms of use.

Thanks


Asked on 12/18/03, 6:37 pm

1 Answer from Attorneys
John Friedman Law Office of John K. Friedman

Re: Website ''terms of Use'' or ''Disclaimers''

Your Terms of Use, as well as your Privacy Policy and Acceptable Use Guidelines, need to readily available to your potential and actual users. Whether you use a specific "button" is a function -- generally -- of the content and nature of the audience.

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Answered on 12/18/03, 7:14 pm


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