Terms of Service
Effective Date: Effective Date
Welcome to Website URL (the "Website"), operated by Company Name ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our Service Type service. Service Description. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website.
Company Contact Information: Company Name, Company Address, Phone: Company Phone, Email: Contact Email.
1. ACCEPTANCE OF TERMS.
By creating an account, accessing, or using our Service Type service at Website URL, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting on the Website. Your continued use of the Website following any modifications constitutes your acceptance of the revised Terms. We will notify users of material changes by posting a notice on the Website or by sending an email to the address associated with your account.
2. ELIGIBILITY.
You must be at least Minimum Age years of age to use this Website. By using the Website, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement. If you are accessing the Website on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.
3. USER ACCOUNTS AND RESPONSIBILITIES.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access; and (d) immediately notify Company Name at Contact Email if you discover or suspect any security breaches related to the Website.
4. USER CONTENT.
User Content Policy. Where users are permitted to submit content, you retain ownership of any intellectual property rights you hold in that content. By submitting content to the Website, you grant Company Name a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with the Website and the Company's business. You represent and warrant that you own or have the necessary rights to submit the content and that it does not violate any third-party rights or applicable laws.
5. PROHIBITED CONDUCT.
You agree not to: (a) use the Website for any unlawful purpose or in violation of any applicable laws; (b) post, upload, or transmit any content that is defamatory, obscene, threatening, invasive of privacy, or otherwise objectionable; (c) impersonate any person or entity or misrepresent your affiliation; (d) interfere with the operation of the Website or attempt to gain unauthorized access; (e) use any automated means (bots, scrapers, etc.) to access the Website without our written permission; (f) transmit any viruses, malware, or other harmful code; or (g) harvest or collect personal information of other users.
6. INTELLECTUAL PROPERTY RIGHTS.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio) are owned by Company Name, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Website without the prior written consent of Company Name.
7. PAYMENT TERMS.
The Website is Payment Model. If applicable, fees for use of the Website are as described on the Website. All fees are non-refundable unless otherwise specified. Company Name reserves the right to change its fees upon thirty (30) days' notice. Your continued use of the Website after a fee change constitutes your agreement to pay the modified fee.
8. DISCLAIMER OF WARRANTIES.
THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. Company Name SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Company Name DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
9. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Company Name, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.
10. TERMINATION.
Company Name may terminate or suspend your account and access to the Website immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Website will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. GOVERNING LAW AND DISPUTE RESOLUTION.
These Terms shall be governed by and construed in accordance with the laws of the State of Governing Law State, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Website shall be resolved by Dispute Resolution in the State of Governing Law State. You agree to submit to the personal jurisdiction of the courts or arbitration forums located in the State of Governing Law State for the purpose of resolving any such disputes.
12. SEVERABILITY.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and the remaining provisions shall continue in full force and effect.
13. ENTIRE AGREEMENT.
These Terms, together with the Privacy Policy and any other legal notices published by Company Name on the Website, constitute the entire agreement between you and Company Name concerning the use of the Website. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
ACKNOWLEDGMENT
By using Website URL, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
For Company Name:
Name: Company Name
Date: Signature Date
Party 1
________________
Signature
Date: ________________
Party 2
________________
Signature
Date: ________________
What Is a Terms of Service?
A Terms of Service in the United States documents the terms of service in a form the parties and authorities can rely on. It defines the service scope, SLA, pricing, data-protection duties, and liability allocation between provider and customer.
The legal foundation for terms of service enforceability was strengthened by courts in cases such as Specht v. Netscape Communications Corp. (2002), where the Second Circuit held that browsewrap terms are not binding unless the user has actual or constructive notice of the terms. By contrast, clickwrap agreements where users must affirmatively check a box or click a button have been consistently upheld, as established in Feldman v. Google (2007). The FTC Act (15 U.S.C. Section 45) also governs terms of service by prohibiting unfair or deceptive practices, meaning terms that mislead consumers or impose unconscionable conditions may be challenged by the FTC or deemed unenforceable by courts.
Terms of service serve multiple legal functions: they define the scope of the service being provided, limit the operator's liability, establish intellectual property ownership over user-generated content, set rules for acceptable use, comply with regulatory requirements, and provide the legal basis for account termination and dispute resolution. For businesses that collect user data, the terms of service work in conjunction with the privacy policy to create a complete legal framework.
When Do You Need a Terms of Service?
Terms of service are needed by any business that operates a website, mobile application, SaaS platform, or online service accessible to users. E-commerce businesses need terms of service that address product descriptions, pricing accuracy, order acceptance procedures, shipping and return policies, and limitations on liability for product defects, complementing their separate return policy and privacy policy. SaaS companies need terms that define subscription tiers, service level commitments, data ownership, API usage limitations, and the consequences of exceeding usage limits.
Social media platforms, forums, and community websites need terms of service that establish content moderation policies, user-generated content licenses, intellectual property infringement reporting procedures under the DMCA (17 U.S.C. Section 512), and community guidelines with enforcement mechanisms. Mobile application developers must include terms of service that comply with Apple App Store and Google Play Store requirements, address in-app purchase terms, and disclaim liability for third-party integrations.
Marketplace platforms connecting buyers and sellers need terms that clarify the platform's role as an intermediary rather than a party to transactions, establish commission or listing fee structures, and define seller obligations for product quality and regulatory compliance. Free service providers including ad-supported websites, educational platforms, and open-source project sites need terms of service to protect their intellectual property, limit liability for service interruptions, and reserve the right to modify or discontinue the service.
What to Include in Your Terms of Service
The acceptance mechanism section must describe how users agree to the terms, whether through clickwrap acceptance during account registration, continued use of the service, or a combination. Include the effective date, the process for updating terms (typically by posting revised terms with an updated effective date), and how users will be notified of material changes. Under Meyer v. Uber Technologies (2017), courts have emphasized the importance of clear, conspicuous notice and unambiguous consent mechanisms.
The user conduct and acceptable use policy should define prohibited activities including illegal use, harassment, spam, intellectual property infringement, reverse engineering, data scraping, and attempts to circumvent security measures. For platforms that host user-generated content, include a content license granting the platform the rights needed to display, distribute, and store user content, while specifying whether the user retains ownership. Address DMCA compliance by designating a registered agent for copyright infringement notices and establishing the notice-and-takedown procedure required by 17 U.S.C. Section 512(c). Include COPPA compliance provisions (15 U.S.C. Section 6501) if the service may be accessed by children under 13, specifying the minimum age requirement and parental consent procedures.
Limitation of liability and warranty disclaimer provisions should disclaim warranties of merchantability and fitness for a particular purpose to the maximum extent permitted by applicable law, cap the operator's total liability (typically to the amount paid by the user in the preceding 12 months), and exclude consequential, incidental, and punitive damages. Include an indemnification clause requiring users to defend and hold harmless the operator against claims arising from the user's violation of the terms or applicable law. The dispute resolution section should specify whether disputes are resolved through binding arbitration (referencing the Federal Arbitration Act, 9 U.S.C. Section 1) or litigation, the applicable forum or arbitration organization, and whether class action waivers are included (upheld by the Supreme Court in AT&T Mobility v. Concepcion, 2011). Designate the governing law jurisdiction and include a severability clause.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Terms of Service (United States) [Legal document template]. Forms Legal. https://forms-legal.com/usa/business/policies/terms-of-service
"Terms of Service (United States)." Forms Legal, 2026, https://forms-legal.com/usa/business/policies/terms-of-service.
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author = {{Forms Legal}},
title = {Terms of Service (United States)},
year = {2026},
howpublished = {\url{https://forms-legal.com/usa/business/policies/terms-of-service}},
note = {Free legal document template. Based on Federal Trade Commission Act (15 U.S.C. §45)}
}Also available for these jurisdictions:
Frequently Asked Questions
Yes, a properly executed Terms of Service is legally binding in United States when it meets the formal requirements established by applicable local law.
A valid Terms of Service in United States requires: (1) legal capacity of the parties, (2) free and informed consent, (3) a lawful purpose, and (4) compliance with any formal requirements specified by local legislation.
While not always legally required, consulting a lawyer in United States is recommended to ensure compliance with all applicable laws and regulations.
In United States, electronic signatures are generally recognized for most contracts. However, certain types of documents may require wet signatures or notarization. Check local requirements.
Breach of a Terms of Service in United States may result in damages, specific performance, or injunctive relief. The aggrieved party can seek remedies through the competent courts.
Yes, electronic signatures are legally valid under the E-SIGN Act (15 U.S.C. 7001) and the Uniform Electronic Transactions Act (UETA) adopted by most states.
The non-breaching party may seek remedies including compensatory damages, specific performance, injunctive relief, or termination. Remedies vary by state law.
Notarization requirements depend on the document type and state law. While not always required, notarization adds authentication and may be necessary for government filing.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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