Website Terms and Conditions: More Important Than You Might Think
So your business website is ready for launch, or is already launched, and you are thinking about adding a blog or social platform where you will share your subject matter expertise and tips with potential customers...oh and also to help boost inbound traffic to your site - good thinking!
Are there any legal considerations you need to be aware of to help protect your company from liability associated with blogging or other website content? Most definitely!
In this article we'll look at one of the most critical components of any business' risk management strategy, which is implementing and enforcing website policies, starting with Terms & Conditions of use, also referred to as the “Terms of Use” and “Terms of Service.
Terms & Conditions
Companies that host a blog, content, or social platform should have Terms & Conditions in place that are readily available to all potential users of the site. Simply put, these are the rules of your website - what is allowed and what is prohibited - and they serve as a legally binding agreement between the user and your business should there ever be a legal dispute down the road.
The specific policies may vary from business to business, but should include provisions that address these key concepts:
A prohibition of unlawful use of the website
A specific disclaimer of responsibility for unlawful content published on the site by third party users
General alignment with all company policies, especially the company privacy policy
The protection of proprietary information and intellectual property
The prohibition of the violation of third-party rights in this area
A prohibition of defamatory, libelous, harassing, offensive, profane, or indecent material
Avoidance of inflammatory or confrontational content, especially in the competitive context
Requirement of supervisor approval of the use of vendor, employee, or customer information
Courts and regulators will take into consideration the implementation, availability, and patterns of enforcement of Terms & Conditions like these in determining company liability for unlawful use of social media by both employees and third party users.
More Best Practices
Finally, a few stylistic considerations:
About - Much like an "About" section on a corporate website, you should include a provision that outlines the purpose and tone of the blog or platform. Let the readers know what's in it for them.
Authenticity - Including bio information about the contributors and managers of your site and blog helps readers to identify with and trust the authenticity of the perspectives that are shared.
Ethics and good judgment - Put forth some indication of behavior you will and will not support. A good example is the GM Social Media Policy, you could also reference their User Guidelines as a great Terms & Conditions document.
More sample policies and templates can be found by searching for "website governance" or "social media governance."
I'd be remiss if I didn't also mention that as with any legal or policy documentation, it is advisable to consult with an attorney to ensure the best protection for your business.
