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Website terms and conditions (premium)

Online Catalogue | Website Terms & Conditions | Terms of Use |  Website terms and conditions (premium)

Website terms and conditions (premium)

Website terms and conditions (premium)

Price: 35.00 (Including VAT at 20%)

This is the "premium" version of our website terms and conditions of use template. It is suitable for use on a wide range of websites.

The document is an extended version of our "standard" website terms and conditions template. In addition to the terms set out in that document, this document contains: more detailed user generated content provisions; an indemnity; a section about third party websites; provisions relating to trade marks; and provisions concerning prize competitions.

This template is not on its own sufficient for use on websites which collect personal information (which will also require a website privacy policy of some kind) or for ecommerce sites (i.e. those involving payment in relation to goods or services - which will also require legal provisions relating specifically to the goods or services that can be bought on the website).

Terms and conditions of use contents:

  1. Introduction: document governs website use; consent to website terms and conditions: implied; consent to website terms and conditions: express; website user minimum age; cookie consent.
  2. Copyright notice: UCC copyright notice; ownership of rights in website.
  3. Licence to use website: licence to use website; no downloading; website use: permitted purposes; no modification of website content; limitations on licence to use website; redistributable content; restriction of access to website.
  4. RSS feed: access to RSS feed; accessing RSS and acceptance of document; RSS licence; RSS licence condition; revocation of RSS licence.
  5. Acceptable use: acceptable use: prohibitions; using contact details prohibited; veracity of information supplied.
  6. Registration and accounts: account eligibility (private individuals); account registration process; notify on misuse of account; use of another's account.
  7. User IDs and passwords: provision of login details; user ID rules and impersonation; password to be kept confidential; notify on disclosure of password; responsibility for password loss.
  8. Cancellation and suspension of account: rights of operator over free website account; cancellation of free website account by user.
  9. Your content: licence: definition of user content; licence of user content; sub-licensing of user content; right to bring proceedings in respect of user content; waiver of moral rights in user content; user may edit own content; delete etc user content on breach.
  10. Your content: rules: user content warranty; no unlawful user content; user content rules; civility and user content; hyperlinking and user content; previous complaints and user content.
  11. Report abuse: request to report abuse; how to report abuse.
  12. Limited warranties: no warranties for information; right to discontinue website publication; no implied warranties or representations relating to website.
  13. Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liablity for free information or services; no liability for force majeure; no liability for business losses; no liability for loss of data or software; no liability for consequential loss; no personal liability.
  14. Indemnity: indemnity from website users.
  15. Breaches of these terms and conditions: consequences of breach; non circumvention of measures upon breach.
  16. Third party websites: third party websites: hyperlinks not recommendations; third party websites: no control or liability.
  17. Trade marks: website operator's trade marks; third party trade marks on website.
  18. Competitions: competitions on website; competition terms and conditions.
  19. Variation: document may be revised; variation of terms and conditions: unregistered users; variation of website document: registered users.
  20. Assignment: assignment by first party; assignment by second party.
  21. Severability: severability of whole; severability of parts.
  22. Third party rights: third party rights: benefit; third party rights: exercise of rights.
  23. Entire agreement: entire agreement - use of website.
  24. Law and jurisdiction: governing law; jurisdiction.
  25. Statutory and regulatory disclosures: ecommerce regulations: trade register; ecommerce regulations: authorisation scheme; ecommerce regulations: professionals; ecommerce regulations: code of conduct; value added tax number.
  26. Our details: website operator name; company registration details; place of business; contacting the website operator.

Document attributes and statistics

  • Total words: 6457
  • Total characters: 40445
  • Document pages (estimated): 10
  • Guidance notes pages (estimated): 10
  • Total pages (estimated, including cover): 21
  • Governing law: English Law
  • Document style: website notice - informal
  • Language: English (UK)

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Website T&Cs Q&A

To what extent am I protected by the website terms and conditions in the event that someone posts something illegal on my site?

This is not an easy question to answer in a few paragraphs. However, I'll try.

The default position under English law is that a website owner is the publisher of all the material on his or her website, including users' posts and other user content. So, the website owner may be liable for defamation, copyright infringement, etc in respect of user content in the same way that a paper-and-ink publisher may be liable for the contents of its books and magazines.

Subject to the comments below, terms and conditions will not usually be able to affect the legal position - the nexus of legal rights and obligations - between a website owner and a third party who does not use the website. So, you cannot use your website T&Cs to simply exclude all liability in relation to user content. However, terms and conditions may (as our template does) include warranties and indemnities from users that in principle allow an operator to recover losses from a guilty user if there is a third party claim. In practice recovery may not be practicable, for example because the user is impecunious or inaccessible or the size of the loss does not justify a secondary claim.

The harshness of the basic liability principle is mitigated by special defences under the UK's Ecommerce Regulations (derived from the EU's Ecommerce Directive). These defences may protect a website operator who is acting merely as a host of illegal material from "pecuniary remedies" and "criminal sanctions".

There are restrictions on the availability of the defence. Notably, the hosting defence is however only be available where the person who posts the illegal content is not acting under the authority of the website owner. Accordingly, website terms should make it clear that users are not authorised to post problematic content. So, another way that website terms and conditions can help is by facilitating a defence under the Ecommerce Regulations.

In relation to libel, they may also facilitate a defence under Section 1 of the Defamation Act 1996.

So, in summary, there are three broad ways that properly drafted website terms of use may help. They may:

  • discourage users from posting unlawful content in the first place
  • give operators a possibility of claiming losses arising out of a third party claim from the user who posted the unlawful content
  • facilitate defences under the Ecommerce Regulations and Defamation Act
Disclaimer: this is a very brief account of a complex subject, and should not be relied upon in place of proper research and where appropriate professional advice. The extent to which any particular set of terms and conditions will give these protections to any particular website will depend very much on the particular circumstances.

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Online Catalogue | Website Terms & Conditions | Terms of Use |  Website terms and conditions (premium)

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