Legal Question in Technology Law in Texas
I am in the process of launching my business website. The website is going to be based on a subscriber model. People will register and pay a fee for being listed on the site. We are going to sign subscribers up before the site launches and they are going to pay in advance. Is the correct form to use a terms of use agreement to give to the subscriber once payment is made?
1 Answer from Attorneys
The title of the agreement is secondary in importance to the terms of the agreement. I like to be direct and generic in naming agreements, so I would call the agreement "Website Listing Agreement" since that is what it is. (You could call it a "Subscription Agreement", but that is a term used by lawyers to refer to a type of Stock Purchase Agreement in connection with IPOs and the like, by which investors subscribe to the IPO, so I would steer clear of that designation.)
Many lawyers like long forms with lots of legalese. For a good model agreement, see a short one written FOR attorneys in simple language at http://www.lawresearchservices.com/MainStreet/info/mainListing_Agreement.php
I prefer short and simple, but you can get too short. For example see how short the agreement for 2sleepinafrica.com is at www.2sleepinafrica.com/framework/images/Registration_Form.pdf
The key points are the rate, the minimum term to which the subscriber commits and the registration information (so you know who is subscribing). It is customary to put ethics rules (no porn, no defamation, no copyright infringement, no trademark infringements, etc.) in the agreement.
I think you would be wise and prudent to have a lawyer write the agreement for you so you get the proper wording for your jurisdiction to assure any disputes are tried in your court not your subscriber's court.
I am a Texas lawyer (Hook 'em Horns!!) and would be glad to do it, or you may know a local attorney in your city or town so you can meet face to face although I suspect that will raise the cost. This shouldn't cost you more than $100-200. If you give the attorney the model agreement I mentioned above, you will get a good agreement at minimal cost.
You have shown good sense coming to lawguru and seeking expert assistance. Good Luck on your site.
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