Terms of Services on websites

[lefteyewilly]

Does anybody have a resource/link on why websites have a "terms of Services" page? I know why they're used, but i have to prove it to a committee that i'm involved in. I can't find anything online for reasons to use a "terms of service" page.

[admedia]

It depends on the type of site. It the site is offering an online service than it definitely needs one. Otherwise it may be frivolous. And if you are doing any type of online commerce you definitely need one as well as a privacy statement otherwise you can't get a merchant account.

[lefteyewilly]

We're collecting information on users who request information. THat includes home address and name. We also database them. I know why we need it, but i just need a credible source to convince these 60 year old women who run the program that we may need to do this. They barely know how to open their email, let alone understand what a ToS is all about.

[admedia]

Just explain to them in your own words on paper, that since you are collecting/requesting data you need a ToS so people feel comfortable about supplying their information, otherwise less people will provide information. They should understand that. Are they fussing about it?

It can just be a little 9pt hyperlink on the bottom of the page or something by the copyright... it shouldn't be a problem adding that to the site.

[yasunobu13]

You don't really need one, but the "why" that you're looking for is that people will look for the statement and when they don't find one, they will assume that you plan to use the information for sinister purposes. The view of the company will go down the toilet and people won't trust you.

Plus, they won't provide the information that you're looking for

[lefteyewilly]

YEs, yes, yes, i know all those reasons. I've even told them that they may be in violation of US Information Privacy Laws if they don't have one. I just wanted to know if there is an 'official' reason to use one.

[admedia]

I don't get it.

Are they opposed to it?

[yasunobu13]

I've even told them that they may be in violation of US Information Privacy Laws if they don't have one.

More official than "It's illegal?"

you're fighting a losing battle here...

[admedia]

Is illegal though?

I mean I have websites that have a contact form that asks for name, address, email.... I could easily database everyone who fills it out. I don't have a terms of service. I think you need it when you are providing and online service or selling online. I think for a basic website contact form, it might not be necessary.

Like I said. I believe it depends on the type of site. I would like to know though. Google isn't very helpful with this.

[lefteyewilly]

They are opposed to working on it and getting it online. I presented them with the info and reasons to have one and it did peak a couple peoples interest when i said it may 'be illegal'. This is all through email, so i'm obviously getting delayed responses. But again, i was just looking for an online resource.

For some reason these old birds don't trust a 24 year old's word. I'm one of the youngest people in my position and industry. Plus i'm male, which just complicates the female dominated industry even more. I work for all man-hating beaatches.

[admedia]

Does the site provide online sales?
The only time I have run into this issue is with setting up a merchant account, because it is required by the credit card processor.

If the answer is no to online sales, I would drop that issue to move it forward.

Or if you are really that worried about it, try and get in touch with someone at the FTC and listen to what they say.

[lefteyewilly]

In a way it does sell, just not with $ exchange. We don't just use the 'contact us' form for feedback. We use it for direct mail, which the user knows they will be getting at least one piece of information from us.

The main reason why this was brought up is because one of our users filled out the form and added to the bottom "i would like to see terms of services". He did not provide his address. So, this is why the issue was brought up, it's not just out of the blue.

[admedia]

Ahhh.. well I think your answer is right there with that comment. If they don't get it, then just explain to them why it's a obviously needed to get more responses, which it sounds like you have. If they still don't get it, it's their site, let them run it how they want. You provided your consultation on the matter. People are very wary about making their information public online, and rightfully so.

[lefteyewilly]

thanks guys. I still would like to find a resource that outlines when and when not to use it (which was my original question). But, eh, it was a good disccussion while it lasted.

[silverx2]

since they no so little, i say make it up. just whip a quick html site together give it a fake .gov address and show em.

"old ladies tos is needed for shizzal. if yoyu dont some crackas gonna sue you homies."

[lefteyewilly]

Issue solved... i just wrote up a quick privacy policy to be added to the contact form page.

Privacy Policy
1. Your information provided will not be shared outside of the ---------------- organization without your consent.
2. Information will be used to send applicable information you have requested to the contact information you provide. In addition, ---------------- may use your provided information to generate aggregate reports and market research which will not be shared outside of our network.
3. You may inform -----------------, contact@---------------- at any time if you would like to have your contact information deleted from ----------------’s records. Or you can call --- --- ----.

done and done. THanks everyone...except for SilverX .

[silverx2]