E-Commerce Law

7 Key Elements of Effective Terms of Use: Limitation of Liability

As we discussed in previous posts in this series, most effective Terms of Use (also known as Terms of Service (TOS)) address seven key concepts:  (1) the uses of the website and its services which are permitted by the website operator; (2) the manner in which user-created content is handled by the website operator; (3) an appropriate disclaimer of warranties which might otherwise apply to the website content or services; (4) a provision limiting the liability of the website operator for certain types of conduct; (5) a reference to the website's privacy policy or explanation of how information belonging to website users is collected, maintained, and used; (6) an explanation of which state's law governs the Terms of Use and where and how disputes between the website operator and a user will be resolved; and (7) a provision describing how and under what circumstances the terms of the Terms of Use may be modified.  

In this series of posts, we are identifying and briefly describing each of the seven key elements of effective Terms of Use.  This week's element is:

7 Key Elements of Effective Terms of Use: Disclaimer of Warranties

As we discussed last week and the week before, most effective Terms of Use (also known as Terms of Service (TOS)) address seven key concepts:  (1) the uses of the website and its services which are permitted by the website operator; (2) the manner in which user-created content is handled by the website operator; (3) an appropriate disclaimer of warranties which might otherwise apply to the website content or services; (4) a provision limiting the liability of the website operator for certain types of conduct; (5) a reference to the website's privacy policy or explanation of how information belonging to website users is collected, maintained, and used; (6) an explanation of which state's law governs the Terms of Use and where and how disputes between the website operator and a user will be resolved; and (7) a provision describing how and under what circumstances the terms of the Terms of Use may be modified.  

In this series of posts, we are identifying and briefly describing each of the seven key elements of effective Terms of Use.  This week's element is:

7 Key Elements of Effective Terms of Use: Handling User Content

As we discussed last week, most effective Terms of Use (also known as Terms of Service (TOS)) address seven key concepts:  (1) the uses of the website and its services which are permitted by the website operator; (2) the manner in which user-created content is handled by the website operator; (3) an appropriate disclaimer of warranties which might otherwise apply to the website content or services; (4) a provision limiting the liability of the website operator for certain types of conduct; (5) a reference to the website's privacy policy or explanation of how information belonging to website users is collected, maintained, and used; (6) an explanation of which state's law governs the Terms of Use and where and how disputes between the website operator and a user will be resolved; and (7) a provision describing how and under what circumstances the terms of the Terms of Use may be modified.  

In this series of posts, we will identify and briefly describe each of the seven key elements of effective website terms of use.  Last week, we discussed the uses of the website and its services which are permitted by the website operator.  This week, we're on to the second element of effective terms of use:

7 Key Elements of Effective Terms of Use: Permitted Use

Terms of Use, also known as Terms of Service (TOS), describe the terms and conditions which govern the relationship between the user of a website and its operator or publisher.  From a legal standpoint, the Terms of Use may be the most important page of the website.  Properly-drafted Terms of Use assist the website operator in managing user expectations, avoid disputes, and limit otherwise crippling legal exposure.

Federal Court in Virginia Approves of Legal Service by Facebook, LinkedIn, and Email

To those unfamiliar with Virginia or federal law, it may seem logical to notice a defendant of a lawsuit by email or through social networking sites. It is hard to imagine a more efficient way to put a defendant on actual notice. However, perhaps engrained in traditions, the law has been slow to adopt this online service, often requiring that a Complaint be hand delivered, left at someone’s front door, or in some states, mailed by certified mail.  The Alexandria U.S. District Court, however, has recently approved of legal service of a Complaint by Facebook, LinkedIn and Email.[1]  The holding was limited but precedential nonetheless.